There shall be a Police Department headed by a Police Chief who shall be appointed by the Mayor pursuant to the procedure as set forth in §
C4-3C. They shall be qualified on the basis of their training and experience in police administration. Unless otherwise provided in this Charter, they shall be directly responsible to the Mayor.
[Amended 11-20-1983 by L.L. No. 3-1983]
The Police Chief shall have the powers and duties to:
A. Assign officers and men of the Department to their posts and prescribe
their tours of duty and provide for their discipline consistent with
applicable law.
B. Enforce or cause to be enforced within the City all state statutes
and local laws and ordinances relating to police matters, including
without limitation thereto the preservation of the public peace, the
care of City property and the enforcement of police regulations and
municipal ordinances.
C. Possess, with the officers and men of the police force, the powers
and authority of Constables at common law and of police officers conferred
by the statutes of the State of New York, other than in civil actions
or proceedings.
D. Maintain in temporary custody all apprehended persons until they
shall by due process be discharged or remanded to higher authority.
E. Perform such related, lawful and nonconflicting duties as may be
delegated to them by the Mayor or by the Common Council through the
Mayor.
F. Appoint all subordinate personnel consistent with applicable law.
G. Acquaint the members of the Department with the table of organization
prepared by them and control and regulate the conduct of the Department
and the custody and use of its firearms, communications and other
equipment and supplies.
H. Provide for and maintain or cause to be maintained records of the
work of the Department and of all property which may come into its
custody.
I. Supervise the training of all police officers.
J. Prepare and promulgate, with the approval of the Police Commission
and the Mayor, rules and regulations for the Department.
K. Appoint special police officers to serve without pay.
There shall be a Police Commission consisting of three members
who shall be appointed by the Mayor with confirmation by the Common
Council. The Commissioners shall serve three-year terms with no compensation,
except the Common Council may authorize compensation for expenses.
The Police Commission shall at the beginning of each year elect one
of its members as Chair.
[Amended 11-20-1983 by L.L. No. 3-1983]
The Police Commission shall have the powers and duties to:
A. Submit to the Mayor the names of at least three qualified candidates, if there are three qualified candidates on the list of names reviewed and evaluated pursuant to §
C4-3C for the position of Police Chief.
B. Assist the Police Chief when requested with regard to promotions,
disciplinary and other personnel matters.
C. Review the estimates of revenues and proposed expenditures and capital
program of the Police Department and make recommendations to the Mayor
and Capital Program Committee, respectively.
D. Review all complaints by citizens and, with the Police Chief, devise
solutions to valid problems in departmental operations.
E. Advise the Police Chief on the administration and operations of the
Department as they or the Mayor may request or as the Commission may
deem necessary.
No person may be appointed to membership in the Police Department
or continue to hold membership therein who is not a citizen of the
United States, who is not of good moral character, who has ever been
convicted of any crime or who does not meet all requirements set by
civil service and the Department.