[Adopted 2-28-1976[1]]
[1]
Editor's Note: This ordinance was prepared by the Bureau for
Municipal Police, Division of Criminal Justice Services, State of
New York.
The Law Enforcement Code of Ethics is as follows:
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As a Law Enforcement Officer, my fundamental duty is to serve
mankind; to safeguard lives and property; to protect the innocent
against deception, the weak against oppression or intimidation and
the peaceful against violence or disorder; and to respect the Constitutional
rights of all men to liberty, equality and justice.
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I will keep my private life unsullied as an example to all;
maintain courageous calm in the face of danger, scorn or ridicule;
develop self-restraint; and be constantly mindful of the welfare of
others. Honest in thought and deed in both my personal and official
life, I will be exemplary in obeying the laws of the land and the
regulations of my Department. Whatever I see or hear of a confidential
nature or that is confined to me in my official capacity will be kept
ever secret unless revelation is necessary in the performance of my
duty.
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I will never act officiously or permit personal feelings, prejudices,
animosities or friendships to influence my decisions. With no compromise
for crime and with relentless prosecution of criminals, I will enforce
the law courteously and appropriately without fear or favor, malice
or ill will, never employing unnecessary force or violence and never
accepting gratuities.
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I recognize the badge of my office as a symbol of public faith,
and I accept it as a public trust to be held so long as I am true
to the ethics of the police service. I will constantly strive to achieve
these objectives and ideals, dedicating myself before God to my chosen
profession . . . law enforcement.
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A.
Board of Public Safety. The Board of Public Safety shall develop
policy of the Police Department, and the government and disciplining
of the Police Department shall be such as the Board may from time
to time prescribe by rules and regulations.
B.
Police Department. The Police Department of the City of Rensselaer,
New York, shall consist of a Chief of Police and such other officers
as the Board of Public Safety shall deem necessary.
C.
Duties and responsibilities. The Police Department and its police
force have the power and it is their duty to:
D.
Chief of Police.
(1)
It shall be the duty of the Chief of Police, under the direction
and supervision of the Board of Public Safety, to administer the Police
Department of the City of Rensselaer, of which Department he shall
be the chief executive officer, and he shall have full control of
the members thereof.
(2)
He shall cause accurate and secure records to be kept of all arrests,
services and investigations performed by members of the Department
and property taken from persons arrested or seized on a warrant or
otherwise, together with the disposition thereof.
(3)
As administrator of the Department, he shall enforce discipline at
all times, shall demand that all divisions of the Department cooperate
and that maximum efficiency is constantly maintained, shall have the
power to prescribe regulations to govern members and employees of
the Department and shall hold command officers strictly accountable
for the enforcement of the rules and regulations. He shall, at least
once each month, report to the Board of Public Safety the condition
of the Department and whether the members of his Department are delinquent
in their duties.
E.
Temporary absence or disability of Chief of Police. During the temporary
absence or disability of the Chief of Police, when no special designation
is made by competent authority, the command automatically devolves
upon the senior ranking member of the command. He shall possess all
the powers and perform all the duties of the Chief of Police, except
the power of making any changes in the rules and regulations, appointments,
promotions, changes of assignment or detail, and he shall carry out
the orders previously given, and such orders shall not, except in
cases of extreme emergency, be countermanded nor set aside; however,
when such action is taken, a report shall be made to the Chief of
Police in writing stating the reasons therefor in such instances.
F.
Order of rank. The order of rank shall be as follows: Chief of Police;
Sergeant; Patrolman.
G.
Seniority. Seniority is determined as follows:
A.
General duties. Within the boundaries of the City, the Chief of Police
shall be charged with and be responsible for:
(1)
The enforcement of all laws, ordinances and regulations and is especially
charged with enforcement of laws relating to vice, gambling, narcotics
and dangerous drugs, public morals and intoxicating liquors.
(2)
The regulation and movement of vehicular and pedestrian traffic in
streets, roads, places and highways, as described in the Vehicle and
Traffic Law of the State of New York and City ordinances.
B.
Specific duties. The Chief of Police shall:
(1)
Enforce the rules and regulations of the Police Department and is
charged with and responsible for the discipline and efficiency of
the members of the force and Department.
(2)
Provide each member with a copy of the rules and regulations and
see that he is properly instructed in his duties and that he performs
them in such a manner as to render effective police service; also,
that he is instructed with regard to his conduct, on and off duty,
so that his conduct will not be detrimental to the good order and
efficiency of the Police Department.
(3)
Assure the accurate preparation, maintenance and forwarding of reports
and records.
(4)
Carefully examine frequently all books and records required to be
kept in conformity with the laws of the State of New York and the
rules and regulations of the Department and see that entries therein
are properly made.
(5)
As directed, take inventory, inspect and maintain Department buildings,
property and equipment and forward a report to the Board of Public
Safety.
(6)
Account for the property assigned to and issued for the use of members
of the Department and be responsible for the proper care, economical
use, sufficiency and serviceability thereof and shall make frequent
inspections thereof.
(7)
Submit the annual budget to the Board of Public Safety, as directed.
(8)
Frequently visit every building or parts thereof assigned to his
Department and all parts of the territory within the boundaries of
the City at intervals of the day and night and take, or direct to
be taken, such action as may be required to render effective police
service and to maintain proper discipline. He shall frequently test
the knowledge of subordinates as to conditions upon their posts.
(9)
Communicate frequently with the desk officer when on patrol and,
when absent, except with leave, keep the desk officer informed where
he may be found.
(10)
Carefully investigate the following, occurring within his Department,
and shall forward a written report, in full detail, to the Board of
Public Safety:
(a)
The reported death of any member of the Department while acting
in the discharge of duty.
(b)
Cases of special faithfulness to duty, exceptional skill and
bravery in the performance of duty and where first aid of an exceptional
nature has been rendered by any member of the force or Department.
(c)
Cases of civilians who render assistance to the Police Department,
or any member thereof, in the apprehension of a criminal or in an
emergency.
(11)
Carry out the following, in addition to all other reports, when a
member of the force is injured:
(a)
Make a careful investigation of the circumstances of the injury
and, where possible, interview and obtain a signed statement from
each witness.
(b)
Make a report of the results of such investigation. This report
shall show whether or not, in his opinion, such injury was sustained
in the performance of police duty, whether or not negligence on the
part of the injured member contributed to the injury and the names
and addresses of all witnesses.
(c)
Forward a written report of his findings to the Board of Public
Safety.
(12)
At least once each month, personally inspect the uniform and equipment
of members of the Department at an outgoing roll call of the platoon
to which the member is assigned, making written record of such inspection.
He shall at all times give particular attention to the uniforms, equipment
and general appearance of the members of the force.
(13)
Carefully observe the police duty performed by probationary patrolmen
and report to the Board of Public Safety, prior to the expiration
of the probationary period, the manner in which such duty was performed.
(14)
Obtain all Police Department property and all revolvers and pistols
in the possession of a member of the force who resigns, retires, is
dismissed or enters active military service and obtain all Police
Department property and all revolvers and pistols from among the effects
of a member who dies.
(15)
Divide into posts the territory within the police jurisdiction of
the City. A post shall be designated as indicated:
(a)
A patrol post includes the public thoroughfares within the boundaries
of the post. It does not include the interior of buildings, except
as otherwise specified.
(b)
A traffic post includes the portion of the public thoroughfare
necessarily included in the regulation of vehicular an pedestrian
traffic.
(c)
A hospital post shall include that portion of the hospital in
which a prisoner or prisoners are confined under police jurisdiction.
(d)
A special post is a temporary post. The purpose, location, boundaries
and time during which it is to be covered must be specified and approved
by the Chief of Police or Acting Chief of Police.
(16)
Issue written and verbal orders to attain Department goals.
(17)
When a burglary or other serious crime is committed, or a serious
accident occurs under circumstances which indicate that the member
of the force on post might have prevented it, the Chief of Police
shall cause an investigation to be made, and if the investigation
reveals neglect on the part of the member, he shall prefer written
charges against the member.
(18)
With the approval of the Board of Public Safety, establish duty charts;
such charts have the force and effect of rules and regulations when
authenticated with the original signature of the Chief of Police.
(19)
Evaluate programs.
(20)
Draft specification for equipment, uniform and insignia.
(21)
Develop plans to meet Department needs.
(22)
Control Department expenditures.
(23)
Maintain suitable relations with mass communications media.
(24)
Cooperate with all law enforcement agencies and officers in matters
of mutual interest.
(25)
Provide leadership and guidance in developing loyalty and dedication
to the police profession.
(26)
Train, direct, supervise and evaluate members in their assigned duties.
Recommend remedial or disciplinary action for inefficient, incompetent
or unsuitable members.
(27)
Sustain a member of his command who is properly performing his duty.
(28)
Correct subordinates in a dignified manner.
(29)
Ensure the security and care of prisoners and sick, injured or unconscious
persons and will obtain medical care when needed.
(30)
Deal fairly and equitably with subordinates.
(31)
Conduct formal parades and roll calls in a professional manner.
(32)
At all times conduct himself in a manner which will provide leadership
and guidance to the members of his Department and enhance the public
image of police in general.
(33)
Prepare the vacation list for the current year by the 15th of January.
C.
The Chief of Police may excuse for one tour of patrol duty a member
of the Department who performs any exceptionable act or deed of particular
merit which, in his opinion, deserves recognition, provided that the
exigencies of the service permit. A brief but comprehensive report
of the act or deed for which he rewards such member will be forwarded
to the Board of Public Safety, and he shall file a copy in the member's
service record.
D.
The Chief of Police may, in his discretion, suspend from duty and
report to the Board of Public Safety any member or employee of the
Department for any violation of the rules and regulations or for any
insubordination.
A.
General duties. A supervisory member will be responsible for the
enforcement of all laws and ordinances, Department rules and regulations,
orders, procedures, discipline, punctuality and attendance, appearance,
good order and efficiency of members within his assigned jurisdiction.
B.
Specific duties. A supervisory member will:
(1)
Perform specific duties and functions as assigned by his commanding
officers.
(2)
Obey all lawful orders.
(3)
Perform assigned tasks.
(4)
Provide leadership and guidance in developing loyalty and dedication
to the police profession.
(5)
Train, direct, supervise and evaluate members in their assigned duties;
recommend remedial or disciplinary action for inefficient, incompetent
or unsuitable members.
(6)
Communicate orders, information and instructions.
(7)
Inform his relief of all necessary police matters.
(8)
Be present at prescribed roll calls.
(9)
At established intervals, inspect personnel, vehicles and equipment.
(10)
Report to his commanding officer absentees and any deficiencies in
men and equipment.
(11)
Ensure that Department resources are used effectively.
(12)
Ensure that recovered property is handled in accordance with Department
orders.
(13)
Account for all moneys and valuables received, processed and disbursed
in conformance with Department orders.
(14)
Inquire into the circumstances of all arrests to assure that all
persons are handled in conformance with Department orders.
(15)
Know and conform to the current bail provisions of the Criminal Procedure
Law, State of New York.
(16)
Report promptly matters of police importance to his commanding officer.
(17)
Ensure that all appropriate City departments are informed of emergencies
which require their attention.
(18)
Direct activities of subordinate members for the purpose of achieving
the objectives of the Police Department.
(19)
Perform those duties of the members of the force that are applicable
to him.
(20)
When in uniform, maintain a professional bearing and render professional
courtesy to ranking officers.
(21)
Assemble and remove details and parades in a professional manner.
A.
The desk officer shall be designated by the Chief of Police.
B.
The post of the desk officer is within the confines of the area designated
for the use of the Department operational and complaint reception
function.
C.
Upon beginning his tour of duty, and at the conclusion of it, a desk
officer shall immediately sign his name in the Department record provided
for such purpose and give the correct time of each signing. He shall
make prompt, accurate and necessary entries of official business in
Department records in a manner prescribed for making and keeping such
records.
D.
A desk officer shall not leave the desk during his tour of duty except
for personal necessity, meal period, official duty within the Departmental
building or upon urgent police business. When required to leave his
post for any reason, he shall do so only in the manner prescribed
by the Chief of Police.
E.
A desk officer shall be responsible during his tour of duty for all
telephone and teletypewriter and radio messages received and the necessary
action thereon and the transmission of all orders and instructions
from competent authority affecting any member of the force or Department.
F.
A desk officer shall not permit anyone behind the desk except a superior
officer or other member of the Department in the line of duty, or
as otherwise directed by the Chief of Police.
G.
A desk officer shall make proper entries whenever a member of the
Department or force reports to him either for or from duty.
H.
A desk officer shall have charge of all teletype, telephone, radio
and electrical equipment used in the administration of the desk officer's
functions.
I.
The desk officer shall inspect or cause to be inspected, supplies
delivered to his command for quantity and quality and shall note receipt
of same in the prescribed Department records.
J.
During his tour of duty, a desk officer is responsible for the courteous
receipt of all complaints and their proper entry in prescribed Department
records and instituting proper police action with respect thereto.
K.
When a burglary or other serious crime is committed or a serious
accident occurs under circumstances which indicate that the member
of the force on post might have prevented it, the desk officer shall
notify the patrol supervisor immediately.
L.
The desk officer shall, without unnecessary delay, refer to the detectives
an arrest or other case for other authorities.
M.
The desk officer shall bring to the attention of the Chief of Police
or his immediate commanding officer all matters of importance, such
as unusual occurrences, any exceptional act or deed of particular
merit performed by members of the force or Department and important
messages or conditions requiring his attention.
N.
The desk officer shall record on the authorized books and forms all
police business affecting the Department occurring or reported during
his tour. He shall take proper action with respect thereto.
O.
The desk officer shall know and conform to the current bail provisions
of the Criminal Procedure Law, State of New York.
A.
General duties. A member of the force will be responsible at all
times for the prevention of crime, enforcement of all laws and ordinances,
preservation of the public peace, protection of life and property,
arrest and prosecution of law violators and professional adherence
to Department rules and regulations.
B.
Specific duties. A member of the force will:
(1)
Know and conform to Department rules and regulations, orders and
procedures.
(2)
Perform assigned duties in a professional manner.
(3)
Obey all lawful orders.
(4)
Be in attendance for those hours specifically assigned and will be
considered on duty at all times for the purpose of rendering emergency
police service.
(5)
Participate in formal parades and roll calls in a professional manner.
(6)
When in uniform, maintain a professional bearing and render professional
courtesy to superior officers.
(7)
Treat superior officers, subordinates and associates with respect.
They shall be courteous and civil at all times with their relationship
with one another. When on duty, and particularly in the presence of
other members, employees or the public, officers will be referred
to by rank.
(8)
Identify self by name, rank and shield number when so requested.
(9)
Have a residence as provided in the laws of the State of New York
and the City.
(10)
Report immediately any incapacity or inability to perform Department
duties in the manner prescribed by the rules and regulations.
(11)
Report any change of marital status, address, selective service rating
or other matter affecting the administration of the Department.
(12)
Receive, record and service immediately all complaints and requests
for service. Refer and transfer complaints and requests only in accordance
with Department orders.
(13)
Possess a valid State of New York operator's or chauffeur's license.
If lost or revoked, the same shall be immediately reported to the
Chief of Police.
(14)
Remain on his duty assignment and leave only for a police or personal
necessity. If required to leave, he will record the time of departure
and the reason and report this information to the desk officer as
soon as possible.
(15)
Provide security and care for prisoners and others delivered to his
custody.
(16)
Search all male prisoners.
(17)
Have police matrons conduct a search of female prisoners.
(18)
Help secure medical attention for all sick and injured persons.
(21)
Submit transfer requests in conformance with Department procedures.
(22)
Give a minimum of two weeks' notice of intention to resign from the
Department.
(23)
Wear the regulation uniform in the prescribed manner when assigned
to uniform duty.
(24)
Report immediately the loss or damage of any Department equipment.
(25)
Notify the Fire Department when a fire is discovered; assist and
cooperate with the Fire Department.
(26)
Attend court promptly when required or ordered.
(27)
Report the reason for court absence or tardiness to the Chief of
Police through the desk officer.
(28)
Appear in court in the regulation uniform unless assigned in civilian
dress and then in suitable business attire.
(29)
When subpoenaed or requested to testify in behalf of the defense
in any criminal prosecution or in behalf of the plaintiff or defendant
in a civil matter in which the City, town, county or state is a party
thereto, report immediately the receipt of such subpoena or request
to the Chief of Police before appearing at any hearing or before entering
into any discussion of the matter with anyone other than the legal
representatives of the City, town, county or state.
(30)
Report to the Chief of Police any information of a police nature,
including offenses involving himself or others, and offenses with
which he has been charged, except minor traffic offenses.
(31)
Give evidence before the Grand Jury, court or other governmental
administrative bodies and the Common Council, when requested.
(32)
Investigate any person suspected of operating a motor vehicle while
in an intoxicated condition and/or under the influence of drugs and
direct the administration of a chemical test to said person in accordance
with the procedure prescribed by the Police Department.
(33)
Obey the laws and ordinances which he is obligated to enforce.
A.
Patrol officers shall be under the direction and command of, and
shall be responsible to, the member of the force designated as commanding
officer of the Patrol Division by the Chief of Police.
B.
Patrol officers shall be responsible for the diligent and conscientious
performance of the duties imposed upon them by law, by the rules and
regulations of the Department and the lawful orders of their superior
officers.
C.
Patrol officers, unless otherwise directed, shall constantly and
alertly patrol their areas, giving particular attention to those locations
most vulnerable to the commission of crime.
D.
Patrol officers shall thoroughly acquaint themselves with their assigned
area of patrol and do all in their power to prevent any breach of
the peace or violation of law.
E.
Patrol officers shall familiarize themselves with the location of
all police, fire and other communication facilities in the City.
F.
Patrol officers shall continually check the security of the business
places on their posts after closing hours.
G.
Patrol officers shall continually inspect their patrol areas carefully,
noting any condition requiring police attention and shall take whatever
action is necessary in the situation.
H.
Frequent occurrence of crime on any post may indicate lack of ability
or attention to duty by the officer assigned and shall be the subject
of review and possible disciplinary action.
I.
Patrol officers shall make a memorandum of current complaints and
all matters of police interest relating to their posts and give proper
attention to the same.
J.
Patrol officers shall keep a memorandum of all occurrences or information
received which may be of interest to any branch of the Department
or other agency, or upon which he may be required to report, and promptly
transmit the same.
K.
Patrol officers shall give particular attention to premises where
liquor, vice or gambling laws may be violated and shall do all in
their power to prevent such activity. They shall promptly report their
observations and action taken to their ranking officer.
L.
Patrol officers shall carefully observe conditions which could lead
to the development of crime or criminal opportunities, take such preventive
action as the condition may indicate and report their observations,
actions or recommendations to their ranking officer.
M.
Patrol officers shall give particular attention to streets of heavy
traffic, signalized intersections and traffic control signs. The responsibility
of the patrol officers in the enforcement of traffic violations is
as great as in the enforcement of other laws. Members failing to take
appropriate action upon view of a traffic violation are subject to
the disciplinary action as for any other neglect of duty.
A.
The Detective Division shall be under the direct command of the member
of the force designated as commanding officer of the Detective Division
by the Chief of Police.
B.
The Detective Division shall be composed of such number of officers
and of such rank as may be assigned to it by the Chief of Police.
C.
Members of the Detective Division shall work such hours, perform
such duties and submit such reports as may be required of them by
the orders of their commanding officer and by the rules and orders
of the Department.
D.
The Detective Division has ultimate responsibility for the clearance
of all crimes, by the arrest of the perpetrator, and for the recovery
of any stolen property.
E.
Detectives shall continue the crime investigations that are initiated
by the Patrol Division and shall assist the members of the Patrol
Division in their preliminary investigations.
F.
Detectives shall dress in civilian clothes, unless directed otherwise
by their commanding officer.
G.
Detectives shall have in readiness at all times an approved regulation
uniform and shall appear in the same at Department inspections and
on such other occasions as may be required of them by the Chief of
Police, unless excused for good reason.
H.
Detectives shall, unless otherwise directed, serve all warrants and
legal papers and execute the required returns.
I.
The Detective Division shall follow up all complaints and cases assigned
to them. They shall interview complainants without delay and obtain
all pertinent information unless a case has been officially closed.
They shall consult the complainant from time to time.
J.
No record or legal papers served or maintained by the Division shall
be destroyed, altered or removed, except in compliance with the law
and Department procedures.
K.
The Detective Division shall assist in returning offenders to requesting
jurisdictions and shall maintain proper relations with outside law
enforcement agencies by assisting in the apprehension of offenders
and by providing them with criminal records and other information
useful to them.
L.
At the scene of a crime investigation, the commanding officer of
the Detective Division shall be in charge. In his absence, the ranking
member of the Detective Division present shall be in charge and shall
coordinate and direct the activities of members of the Detective Division
and uniform force.
M.
The commanding officer of the Detective Division shall confer with
the commanding officer of the patrol force on all cases of importance
occurring within the jurisdiction of the Department.
N.
Detectives shall request any needed assistance from the Uniformed
Patrol Division through the ranking officer of that Division then
on duty.
The Identification Officer shall:
A.
Be in charge of the Identification Section and shall be under the
command of the Chief of Police.
B.
Work such hours as may be assigned by the Chief.
C.
Be responsible for the efficient operation of the system of criminal
identification established in the Department and shall also perform
such other related duties as may be assigned to him.
D.
Take fingerprints and photographs of all arrested persons sent to
him by a commanding officer or a member of the Investigative Unit,
provided that the taking of such prints and photographs is allowed
or required by law, and shall have such fingerprints and photographs
filed in the manner and form provided.
E.
Obtain as complete a record as is possible of every defendant brought
to him for identification.
F.
When required by an investigating officer at the scene of a crime
or accident, take photographs and search for latent prints.
G.
Obtain fingerprints, photographs and measurements of all unknown
deceased persons when such cases are under the jurisdiction of the
Chief of Police.
H.
Promptly forward copies of all fingerprints of persons arrested and
fingerprinted to the New York State Division of Criminal Justice Services
and to such other police agencies as he may be directed by the Chief.
I.
Fingerprint applicants for various licenses and City residents applying
for pistol permits.
J.
Assist members of the Department in the preparation of evidence to
be forwarded to a scientific laboratory.
K.
Maintain all files assigned to the Identification Section.
L.
Be responsible for all information contained in the files and shall
not allow any but authorized persons to inspect or remove any records.
He may request a receipt from any member of the Department who has
reason to remove a file or photograph from the section.
M.
At all times, when no one is on duty in the office, cause the door
to be kept locked, and no one other than a commanding officer may
inspect or remove a record or photograph without his knowledge and
consent. Any commanding officer who removes a photograph or record
for which the Identification Officer is responsible, during his absence,
shall leave a signed receipt on the desk in the identification room
listing the articles taken.
N.
Make or cause to be made a daily report detailing the activities
of the section for the day covered by the report.
O.
File an annual report detailing the activities of the section for
the year covered in the report. This report shall also list the amount
of supplies used and the number of assignments covered for other City
offices. It shall also include any recommendations which, in his judgment,
will improve the service.
A.
Command is exercised by virtue of office or by special assignment
of officers who are eligible by law to exercise command. Subject to
direction from higher command, a commanding officer has direct control
over all members and employees within his command.
B.
When officers of equal rank are present and in the performance of
the same operation, the senior ranking officer shall be in command,
unless otherwise directed.
C.
A member who succeeds to any command or duty stands in regard to
his duties in the same situation as his predecessor. The member relieved
shall turn over to his successor all orders relating to that position
in force at the time and all funds and properties pertaining to it.
He shall receive, upon request, receipts showing the condition of
each article so transmitted.
D.
An officer relieving or temporarily filling the position of a superior,
in an acting capacity, shall be vested with all the authority and
responsibilities of the superior, but the acting officer shall not
interfere with, countermand or modify the orders previously issued
by the superior, except in extreme emergency.
E.
Members acting in the capacity of a higher rank shall be accorded
the same obedience and respect as the permanent ranking officer.
F.
Should an order conflict with any previous order issued by any other
ranking officer or with any department or provision of the Department
rules and regulations, the member to whom such order is issued shall
respectfully call attention to the conflict; responsibility for countermanding
the original order then rests with the individual issuing the second
order. If so directed, the latter command shall be obeyed.
G.
Issuance of orders to a subordinate does not relieve a ranking officer
from the responsibility to see that the orders are obeyed.
H.
Ranking officers shall not perform the duties regularly assigned
to a subordinate when the subordinate is available to perform them.
I.
Adherence to the chain of command shall not be bypassed except in
an emergency.
J.
Ranking officers may exercise command over subordinates not of their
regular command whenever, in their judgment, such action is necessary
in order not to jeopardize the police purpose or the reputation of
the Department.
K.
Ranking officers in command of the various branches of the Department
shall establish methods, techniques and procedures best suited for
the accomplishment of the functional objectives of their particular
bureaus. Such procedures and techniques shall be subject to the approval
of the Chief of Police and shall not be in conflict with the law or
any rule or order of the Department.
L.
Whenever authority is delegated to a member of the Department, he
shall be held accountable for the proper use of such authority.
M.
In order to maintain a proper chain of command, a member will, as
a general rule, be required to take direct orders from and be responsible
to one ranking officer. Ranking officers, however, shall exercise
direct command over lower ranks outside their usual command in all
situations where the police purpose or the reputation of the Department
is jeopardized or if no other provision is made for personnel temporarily
unsupervised. If a ranking officer requires a subordinate not of his
command to leave a regular assignment, the ranking officer so directing
will inform the subordinate's superior as soon as possible.
A.
A member of the Department shall not violate, either by commission
or omission, any of the following acts:
(1)
Conduct which brings discredit upon the Department.
(2)
Failure to perform a duty.
(3)
Disobedience of an order.
(4)
Insubordination or disrespect toward a superior officer.
(5)
Inattention to duty.
(6)
Lounging or sleeping on duty.
(7)
Being absent from duty without proper authorization.
(8)
Leaving duty assignment without being properly relieved or without
proper authorization.
(9)
Incompetency or inefficiency in the performance of duty.
(10)
Entering any tavern, liquor store or bar in uniform or any part
thereof except when it is necessary for inspection or for the immediate
performance of a police duty.
(11)
Drinking alcoholic beverages while on duty. Members in plain
clothes may drink alcoholic beverages while on duty only when necessary
to accomplish a police purpose while acting under specific orders
of a superior officer.
(12)
Drinking alcoholic beverages while in uniform or any part thereof
whether on or off duty.
(13)
Intoxication, whether on or off duty.
(14)
Violation of any duly constituted law.
(15)
Disorderly conduct.
(16)
Immoral conduct.
(17)
Using coarse, profane or insolent language to any person.
(18)
Failure to treat any person civilly and respectfully.
(19)
Willful maltreatment of any person.
(20)
Knowingly making a false report, written or oral.
(21)
Failure to wear the regulation uniform when on duty or on official
business unless otherwise authorized by the Chief of Police or commanding
officer.
(22)
Failure to maintain a neat and clean appearance of self, uniform
and equipment.
(23)
The use of any tobacco or chewing gum while in uniform in public
except while on meal period or authorized break.
(24)
Standing or walking with hand in pocket of uniform.
(25)
Receiving or attempting to receive a fee, gift, present or other
thing of value from a person under arrest or from someone else on
behalf of the arrested person.
(26)
Receiving, soliciting or attempting to solicit a bribe in any
form.
(27)
Publicly criticizing the official actions of a Department member.
(28)
Disseminating or releasing any information contained in a Department
record except in conformance with Department procedures.
(29)
Failure to pay a just indebtedness within a reasonable time.
(30)
Failure to identify self by name, rank and shield number when
requested.
(31)
Failure to seize, record, process and dispose of recovered or
prisoner's property in conformance with Department orders and procedure.
(32)
Failure to handle stray or dead animals in conformance with
Department orders and procedure.
(33)
Failure to notify a superior officer that a member of the Department
is violating a rule or order of the Department.
(34)
Deliberate violation of Civil Service Laws or regulations pertaining
to police management and control.
(35)
Possessing or transporting when on duty or on Department property
any intoxicating liquor, dangerous drug or narcotics except when in
performance of police duty or when authorized by competent medical
authority. In the latter instance, the Chief of Police will be notified
in writing of the need for such prescription by the member concerned.
(36)
Defacing or neglecting to protect and preserve Department property.
(37)
Failure to obey Department orders concerning other employment,
occupations or professions.
(38)
Engaging directly or indirectly in the forbidden ownership,
maintenance or operation of a tavern or retail liquor establishment.
(39)
Allowing the publication of any photograph of oneself in the
regulation uniform which advertises any commodity or commercial enterprise
without the permission of the Chief of Police.
(40)
Communicating or corresponding with other police agencies or
individuals concerning police matters except as provided by departmental
procedures.
(41)
Participating in, or contributing to, any partisan political
activity or campaign.
(42)
Failure to keep Department vehicle in public view while assigned
to general patrol duty except when authorized by a superior officer.
(43)
Concealing a Department vehicle for the sole purpose of apprehending
traffic violators except when authorized by a superior officer.
(44)
Permitting any person not on official business to ride in a
Department vehicle unless specifically authorized.
(45)
Riding in or on a non-Department vehicle during duty hours except
when authorized by a superior officer or in pursuit of official police
business.
(46)
Operating a Department vehicle out of the City except in immediate
pursuit of law violators or when on official police business authorized
by the Chief of Police.
(47)
Operating a Department vehicle without proper authorization
or on other than official police business.
(48)
Pulling, pushing or towing any vehicle with a Department vehicle
except as authorized by the Chief of Police.
(49)
Altering Department equipment in any way except as authorized
by the Chief of Police.
(50)
Carrying any rifle, shotgun, machine gun, gas gun or substituting
for the regulation service revolver any weapon not authorized by the
Chief of Police or adding a concealed auxiliary handgun while on duty
not authorized by the Chief of Police.
(51)
Unlawful or unnecessary use or display of a weapon.
(53)
Selling, giving, lending or disposing of a dangerous weapon
as outlined in § 265.05 of the Penal Law of the State of
New York contrary to the provision of § 265.10 of the Penal
Law and the rules and regulations of the Department.
(54)
Giving an opinion as to fine or penalty to a violator or suspect.
(55)
Giving an opinion as to bail except by those specifically authorized
to admit to bail.
(56)
Failure to take, record and act upon complaints except as prescribed
by Department orders.
(57)
Removing, altering or changing any official Department record
except as provided for in Department orders.
(58)
Issuing any device which purports to grant special privileges
to the holder.
(59)
Displaying in any manner nondepartmental or departmental posters
or pictures in or on any Department property or equipment except in
conformance with Department orders or procedures.
(60)
Obligating the Department financially in any manner except as
authorized by the Chief of Police or the Board of Public Safety.
(61)
Recommending to any citizen any bondsman, lawyer, undertaker,
physician, hospital, towing or repair service or other professional
or commercial service.
(62)
Failure to report any information of a police nature in conformance
with Department orders and rules and regulations.
(63)
Failure to obtain official permission to participate in public
discussions of police or Department business except as provided for
in Department orders.
(64)
Interviewing, questioning or interrogating any person in a cell.
(65)
Entering any police lockup except on official police business.
(66)
Associating or fraternizing with known criminals or persons
of ill repute except in the immediate discharge of official duties
or with authorization of the Chief of Police.
(67)
Soliciting or accepting a gift, present, reward, gratuity or
other thing of value for any service rendered as a Department member,
excluding gifts received from relatives or close friends upon appropriate
occasions, without the consent in writing of the Chief of Police.
(68)
Seeking or soliciting contributions of any kind from anyone,
by any means, for any purpose, under any circumstances, including
collections for charitable purposes by any member, group of members
or their agent, except as specifically authorized by the Chief of
Police.
(69)
Accepting any food or beverage or other valuable consideration
without cost or at reduced cost at any time because of his official
position as a member of the Department.
(70)
Receiving any gift, present or gratuity from any subordinate.
(71)
Giving any gift, present or gratuity to another Department member
or a member of his family without the specific approval of the Chief
of Police, excluding a donation not to exceed $5 given in honor of
retirement or to hospitalized or deceased members, provided that approval
of the Chief of Police is obtained for the donations. Party, dinner
and entertainment fees will be paid for individually by persons attending
without prior collection through Department channels.
(72)
Failure to submit a written report that he is under investigation
by another law enforcement agency to the Chief of Police within 24
hours of becoming aware of such investigation.
(73)
Refusal to sign an immunity waiver when so ordered in a matter
connected with his official duties.
(74)
Refusal to testify on the grounds of possible self-incrimination.
(75)
Participation by Department members or urging the participation
by other members in any strike, slowdown or other concerted action
which is in any degree adverse to the maintenance of the public safety
or welfare.
(76)
Affiliation with any organization or body, the constitution
or regulations of which would in any way exact prior consideration
and prevent him from performing his Departmental duties. However,
membership in any union or other organization in connection with and
relating solely to approved secondary employment of members of the
Department and required membership in military reserve units are specifically
excepted from this regulation.
(77)
No member of the Department may seek the influence or intervention
of any person outside the Department for the purpose of personal preferment,
advantage, transfer or advancement.
(78)
No member or members of the Department shall initially contact
the Common Council or members of the Board of Public Safety on police
problems except through regular channels or by permission of the Chief
of Police.
(79)
No member of the force, unless authorized by the Chief of Police,
shall possess keys to any premises not his own on or near his beat.
(80)
No member of the Department shall use habit-forming or dangerous
drugs or narcotics unless properly prescribed by a dentist or physician.
In such instance, the Chief of Police will be notified in writing
of such need.
(81)
No member of the Department shall play games of cards or chance
in a Department building or engage in illegal gambling anywhere.
B.
A member violating any of the provisions of this section shall be
subject to disciplinary action as provided by law.
All members of the Police Department shall be subject to the
rules and regulations. Members of the Department are not merely employees,
but are officers of this state and City charged with specific duties
in maintaining public order and administering justice. Therefore,
every member's sole responsibility must be to the Chief of Police,
and through him to the public.
A.
It is the duty of the Police Department and the members of the force,
at all times of the day and night, to protect life and property, prevent
crime, detect and arrest offenders, preserve the public peace and
enforce all laws and ordinances over which the Police Department has
jurisdiction.
B.
A patrolman, regularly performing patrol duty, shall proceed to his
designated post or relieving point without unnecessary delay, inspect
his post immediately, remain constantly alert and observant, note
any condition thereon requiring police attention and take appropriate
action. He is charged with the enforcement of all laws and ordinances,
especially with those relating to vice, gambling, narcotics and dangerous
drugs, public morals and intoxicating liquors; also with the proper
condition and maintenance of departmental equipment, traffic control
equipment of all types, streetlights, public highway, curb and sidewalk
conditions within the boundaries of the post to which he is assigned.
He shall promptly report through official channels any condition requiring
attention and shall provide safeguards when necessary.
C.
A member of the force or Department shall be fit for duty and subject
to duty at all times except when on sick report. He shall not engage
in any other occupation except when suspended from duty or when, having
filed his application for retirement, he is on continuous vacation
or other authorized leave or when, having made written notification
to the Chief of Police or the Supervisor on duty.
[Amended 12-4-2002 by L.L. No. 5-2002]
D.
Members of the force shall be held strictly accountable for all information
acquired by them on or off duty, regarding all suspicious persons
or places within the City.
E.
A member of the force or Department shall treat as confidential the
official business of the Police Department. He shall not talk for
publication, nor be interviewed, nor make public speeches, nor shall
be impart information relating to the official business of the Department
to anyone except under due process of law and as directed or with
the permission of the Chief of Police.
F.
Firearms.
(1)
The indiscriminate and careless use of firearms is strictly prohibited.
(2)
The following rules for the proper use of firearms will be adhered
to:
(a)
Unauthorized use of firearms will be cause for disciplinary
action.
(b)
No officer shall fire so-called "warning shots."
(c)
Dry firing or snapping the action of a firearm is forbidden
in or on any departmental premises except when authorized during a
firearms training program.
(d)
No officer shall fire at a vehicle, conveyance or structure
when the identity of the occupants is not known to him, except in
defense of himself or others as permitted by law.
(e)
The responsibility for any use of a firearm shall be borne by
the officer who fires the weapon.
(f)
Officers shall discharge firearms only in self-defense or in
defense of the life of another and always only to the extent permitted
by law. Firearms shall be fired only when their use is permitted by
§ 35.30 of the Penal Law or in accordance with the provisions
of the Criminal Procedure Law and Agriculture and Markets Law dealing
with the destruction of animals.
(h)
Only an officially approved revolver shall be carried on and
off duty.
(i)
Members shall be responsible for the security of their firearms
at all times.
(j)
While on duty, members shall wear their sidearms in the prescribed
manner.
(k)
Members shall report the loss or theft of a firearm capable of being concealed on the person or the discharge of their weapon in accordance with the provisions of § 43-12A(52).
G.
A member of the Department found guilty of violating a rule or regulation
of the Department, or of the provisions of any order or orders, or
of disobedience of orders, or of conduct unbecoming an officer or
of making a false official communication, record or statement, or
a member of the Department convicted in a court having criminal jurisdiction,
may be dismissed from the Department, or suffer such other punishment
as the Board of Public Safety may direct.
H.
Disorder or neglect to the prejudice of good order, efficiency or
discipline, though not specifically mentioned in the rules and regulations,
shall be taken cognizance of by the Department, and members of the
Department found guilty thereof will be punished at the discretion
of the Board of Public Safety.
A.
BOARD OF PUBLIC SAFETY
CITY
COMMON COUNCIL
LAWS AND ORDINANCES
MEMBER
OFF DUTY
OFFICER
ON DUTY
POLICE DEPARTMENT or DEPARTMENT
POLICE FORCE or FORCE
PROFESSIONAL
REGULATION EQUIPMENT
SUPERIOR OFFICER
SUPERVISORY OFFICER
The following definitions govern the use of these terms in the duties
and rules of conduct of the Department:
The Mayor, City Treasurer and City Clerk, by virtue of their
office, while in office shall be and are hereby constituted Commissioners
and members of the Board of Public Safety.
The City of Rensselaer, Rensselaer County, New York.
The Common Council as constituted by law.
Those laws, both state and local, and ordinances, the enforcement
of which is the responsibility of the Department.
Any employee of the Department.
All hours other than when on duty.
A member of the police force possessing the power of arrest.
Hours specifically assigned to a member, or any time involved
serving during a police emergency, even though a member was not specifically
assigned.
The Department of Police of the City of Rensselaer, Rensselaer
County, New York, and such term includes the term "police force."
Includes all members of the Police Department who have taken
the oath of office and who possess the police power of arrest.
Conduct in accordance with the tenets of the Law Enforcement
Code of Ethics which is a part of these rules.[1]
Equipment which meets specifications established by a Department
order.
A person holding a higher supervisory or command position.
Any member, other than the Chief of Police, who is authorized
to direct the activities of others.
B.
Pronouns. All pronouns include the masculine and feminine genders
unless otherwise specified.
