It is the duty of the Sag Harbor Village Police Department to preserve the public peace, prevent crime, detect and arrest offenders, protect the rights of persons and property and enforce all laws and ordinances applicable to the Village. The members of the Department are responsible for this police mission and shall constantly direct their best efforts toward the intelligent and efficient accomplishment of that end wherein the Sag Harbor Village Police Department has jurisdiction.
A member of the Department shall be fit for and subject to fulfill his duties at all times, except when authorized to be absent or relieved of duty. Permanent physical or mental incapacity to perform police duties can be cause for dismissal from the Police Department, if such incapacitated member refuses or delays in voluntarily terminating his service.
A member of the Department shall leave the telephone number of his residence or the telephone number of the location where he can be contacted with his commanding officer, when he anticipates being away from home more than 24 hours.
A. 
A member of the Department shall devote his entire time and attention to the service of the Police Department and shall not engage in any other business or employment without the written permission of the Chief of Police and the Commissioner.
B. 
When such permission is granted, it must be renewed annually. When such business or employment for which permission has been granted is terminated, the member must report this termination in writing to the Chief of Police and the Commissioner.
A member of the Department, when suspended from duty without pay, may engage in another lawful business or employment during the period of suspension. He must keep accurate record of the amount of compensation which he may have earned in any other lawful business or employment and any unemployment insurance benefits he may have received during such suspension period.
A member of the Department is prohibited from affiliating with any organization or body the constitution or regulations of which would in any way exact prior consideration and prevent him from performing police duty, nor can he join in any federal or state military organization without the written permission of the Chief of Police and the Commissioner.
The right of every member of the Department to entertain political or partisan opinion and to express the same freely when such expression does not concern the immediate discharge of his official duties and also the right of the elective franchise is deemed sacred and inviolate, but no member of the Department is permitted to be a delegate or representative to or take active part in any movement for the nomination or election of candidates for political office. Upon the days of election for public offices, held under the laws of the state, he, whether specially assigned to attend the polls or otherwise, shall do all in his power to preserve the peace, protect the integrity of the ballot box, enforce the rights of lawful voters and prevent illegal and fraudulent voting.
Section 426, as set forth in the Election Law,[1]relative to police and political activities, governs the personnel of the Department. This section of law reads as follows:
§ 426. Misdemeanors concerning police commissioners or officers or members of any police force.
Any person who, being a police commissioner or an officer or member of any police force in this state:
1.
Uses or threatens or attempts to use his official power or authority, in any manner, directly or indirectly, in aid of or against any political party, organization, association or society, or to control, affect, influence, reward or punish the political adherence, affiliation, action, expression or opinion of any citizen; or
2.
Appoints, promotes, transfers, retires or punishes an officer or member of a police force or asks or aids in the promotion, transfer, retirement or punishment of an officer or member of a police force, because of the party adherence or affiliation of such officer or member, or for or on the request, direct or indirect, of any political party, organization, association or society or of any officer, member of committee or representative official or otherwise of any political party, organization, association or society; or
3.
Contributes any money, directly or indirectly, to or solicits, collects or receives any money for any political fund, or joins or becomes a member of any political club, association, society or committee.
Is guilty of a misdemeanor.
[1]
Editor's Note: See now § 17-110.
Orders of the members of the Department assigned to the Office of the Chief of Police, when so directed, are deemed to be the orders of such members' superior and are promptly obeyed as such.
A. 
A member of the Department shall not be deprived of the right of appeal to the Legislature or to any public official, board, commission or other public body for the redress of grievances on account of employment in the civil service of the County of Suffolk. A member of the Department, before availing himself of this privilege shall first submit to the Chief of Police, in writing, a copy of the subject matter of such appeal.
B. 
A member of the Department shall not be deprived of the right to institute legal action against a third party. Whenever such action would involve this Department in any manner, said member shall advise the Chief of Police, in writing, prior to the commencement of such action.
Members of the Department shall promptly obey all lawful orders, instructions and requests of superior officers.
A. 
The order of rank in the Department is as follows:
(1) 
Chief of Police.
(2) 
Sergeant.
(3) 
Police officers.
B. 
Seniority in the Department is determined as follows:
(1) 
First: by rank.
(2) 
Second: by continuous service in rank.
(3) 
Third: by date of appointment to previous rank or ranks.
(4) 
Fourth: by date of appointment to the Department.
(5) 
Fifth: by age.
Members of the Department directed to report to the office of any officer of this Department above the rank of Sergeant or at the Department trial room or to any court or hearing within the County of Suffolk, New York, in regard to any departmental matter shall do so in uniform, excepting members permitted to wear civilian clothing or as otherwise directed.
Members of the Department shall be respectful in their contact with superior officers and all other persons, within and without the Police Department, and shall give their rank, name, shield number and command to any person who requests same.
As far as possible, departmental business shall be transacted by means of departmental communications systems or as otherwise directed.
A. 
A member of the Department shall be responsible for the safekeeping, good care, proper maintenance and serviceable condition of departmental property issued for or assigned to his use. He shall immediately report to his commanding officer damage to or unserviceable condition of any departmental property issued for or assigned to his use. If such loss or damage results from carelessness or negligence, it may become the cause for departmental charges. He shall not alter police equipment by changing same, in any way, except in cases of emergency or as ordered by the Chief of Police.
B. 
In all cases where an officer causes damage to any departmental property, including vehicles, he shall immediately submit a written report, describing the incident and how the damage was incurred, to the Chief of Police.
C. 
A member of the Department shall not litter with refuse any departmental property, building, booth, vehicle or boat.
A member of the Department shall not smoke in public while in uniform, unless he is in a Department vehicle or in a restaurant during meal period or in offices and rooms of a police building which are not normally open to the public. Smoking may also be permitted at such times as authorized by a superior officer. All such smoking shall be done in a discreet manner.
A. 
A member of the Department shall not indulge in intoxicants while in uniform. A member who is not required to wear a uniform and a uniformed member while out of uniform shall not indulge in intoxicants to an extent unfitting him for duty.
B. 
A member of the Department shall not bring or permit to be brought any intoxicant into a departmental building, booth, vehicle or boat, except in the performance of police duty or when required for prompt administration under the personal direction of a physician.
C. 
A member of the Department shall not enter, while in uniform, any premises which are used for the manufacture, storage, shipping or sale of intoxicants, except in the performance of a police duty or for the purpose of eating a meal in a duly licensed hotel or restaurant.
A member of the Department shall be responsible for the proper care and condition of equipment contained in any Department building, booth, vehicle or boat.
A. 
A member of the Department shall operate a departmental vehicle in a careful and prudent manner at all times, even though responding to an emergency or engaged in close pursuit.
B. 
Any time a police vehicle is in an accident or disabled or is to be sent to any garage or repair shop, it shall be the duty of the operator of that police vehicle to remove the radio (walkie-talkie) to his command office. In the event that the police vehicle operator is unable to remove the above-mentioned equipment due to his being disabled, another officer shall be assigned by the shift supervisor to perform this function.
A. 
A member of the Department shall not use or have in his possession any departmental property unless its use or possession is authorized by proper authority.
B. 
He shall not requisition supplies without the certified approval of the Chief of Police on the appropriate form.
A member of the Department shall not indulge in games of cards or chance while on duty.
A member of the Department shall apply for an interview with the Chief of Police through official channels and in writing, unless extenuating personal circumstances or the good of the Department warrants direct contact. The special orders dealing with chain of command shall be followed.
A member of the Department shall not unjustifiably interfere with or attempt to influence the lawful business of any person.
A. 
A member of the Department shall notify the Chief of Police immediately whenever there is any change in his marital status, telephone number, residence and/or dependents.
B. 
When a payroll change is to be made regarding federal and state withholding taxes, a federal employees' withholding certificate shall be forwarded to the Chief of Police, then to the Village Clerk.
A member of the Department shall promptly pay just debts and shall not incur liabilities which he is unable or unwilling to discharge.
A member of the Department shall not incur any unauthorized liability chargeable against the Village.
A. 
A member of the Department shall not leave the Village on police business, except by the authority of his superior officer or while engaged in close pursuit.
B. 
A member of the Department who leaves the county in a Department vehicle must notify the Communications Bureau as to rank, name, shield number, command destination and vehicle identification number. Such notification shall also be made upon the member's return.
C. 
A member of the Department shall not leave the county in uniform in any event, except in close pursuit, extreme police emergency or as otherwise directed by a superior officer.
A member of the Department shall carry, at all times, the authorized Police Department, Village of Sag Harbor, laminated identification card. The identification card shall be issued to the members of the Police Department by direction of the Chief of Police and shall identify the member by name, rank or title, photograph, signature and blood type. Such identification card shall not be issued to any person who is not employed by the Sag Harbor Village Police Department.
A member of the Department is forbidden to have or to use personal business cards of any description which would show his association with this Department.
A member of the Department shall carry only designated equipment when in the performance of police duty.
A member of the Department in charge of other members shall form and march in the manner prescribed in the United States Infantry Drill Regulations.
A member of the Department shall not handle or dismantle or dispose of any bomb, explosive or suspicious package liable to contain any bomb or explosive unless under the immediate supervision and direction of the Suffolk County Police Arson Squad.
A member of the Department shall be excused for a forty-five-minute meal period and two ten-minute coffee breaks during each tour of duty.
A member of the Department shall not permit anyone other than members of the Department to enter or remain in a departmental building, booth, vehicle or boat, except on official business or as otherwise directed.
A member of the Department is responsible for familiarizing himself with all current forms and records. The designated forms and record books, authorized by the Chief of Police, have the same force and effect as the rules and procedures.
A member of the Department is not considered a "finder" as outlined under the provisions of the Personal Property Law, Article 7-B, of the State of New York. Property of any type coming into a member's possession while in the performance of a police duty is processed in accordance with the rules and procedures.
A. 
When a member of the Department is served with a subpoena, summons or legal process and such subpoena, summons or legal process involves accidents to police vehicles, suits for alleged false arrest or any action which involves the member and the Department, he shall enter on the item served his signature and the place, time and date of service. Immediately upon service, the papers shall be hand-delivered to the Chief of Police. This does not apply to personal-service subpoena and subpoena duces tecum.
B. 
When a member of the Department is served with a subpoena by the defendant or defense counsel in a pending criminal action or is otherwise directed to appear as a witness for the defendant in a criminal action, he shall promptly notify his respective commanding officer of same, giving all pertinent information that said member has familiarized himself with concerning said criminal action. The commanding officer of the member concerned will then notify the commanding office of the District Attorney Squad of the receipt of said subpoena and/or pending appearance of said member and all other pertinent information involving said criminal action. The commanding officer of the District Attorney Squad is then responsible for notifying the appropriate prosecutor within the Suffolk County District Attorney's office or other prosecuting agency.
When a member of the Department receives a notice to appear for examination as to his qualifications as a juror, he shall promptly forward such notice to the Chief of Police who shall return the notice by mail with an attached letter certifying that the person named in the notice is a member of the Police Department.
A. 
A member of the Department shall make entries in departmental records and complete the designated forms accurately and concisely without unnecessary delay. Entries shall be made in accordance with the designated record and form instructions.
B. 
Erasures shall not be made in any record or on any designated form. When a correction is necessary, an ink line shall be drawn through the incorrect matter and the correction entered immediately above and initialed by the person making same.
A member of the rank of Sergeant or above shall be the only authority for any teletype message unless otherwise directed by the Chief of Police.
A. 
The teletype message or other alarm shall be canceled only by the authority of the originating member or his superior.
B. 
Said member and/or superior shall then be responsible for promptly notifying the Communications Bureau to cancel the teletype message or other alarm.
C. 
Said member and/or superior shall then be responsible for promptly notifying the command responsible for the case investigation by phone and shall forward a supplementary report copy as required.
A. 
A member of the 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 impart information relating to the official business of the Department to anyone except:
(1) 
Under due process of law.
(2) 
As directed by, or with the permission of, the Chief of Police.
(3) 
As directed by the rules and procedures.
(4) 
As directed by departmental orders.
B. 
A representative of the press, upon establishing his identity, may be advised of the current news if the ends of justice are not thereby defeated or laws violated, in accordance with the provisions of the special orders relating thereto.
C. 
An employee of the State of New York or the County of Suffolk Civil Service Commission, upon being properly identified, may be furnished with such information which, in the opinion of a superior officer, may be necessary to aid those Commissions. Information concerning applicants for positions in the Federal Service may be given to properly identified representatives of the United States Government.
Members of the Department shall not ask for, receive or consent or agree to receive any emolument, gratuity or reward or any promise of same or any personal advantage; nor shall they solicit, contribute or cause to be solicited, contributed or paid, directly or indirectly, any money or valuable offering, selling or giving of any tickets, objects or promises by any group or individual member of this Department, except if authorized by the Chief of Police. This does not apply to membership dues or assessments paid to authorized Department organizations or for other authorized purposes. The above shall also be subject to the provisions of the Village Code of Ethics.[1]
[1]
Editor's Note: See Ch. 25, Ethics, Code of.
A. 
In the investigation of an alleged crime or suspicious death, a member of the Department shall make every effort to protect evidence on bodies, effects and surrounding property, particularly avoiding the destruction of fingerprints by unintelligent handling. In the case of death, search of the body shall be by direction or under the supervision of a medical examiner only. He shall prevent unauthorized persons from entering upon the scene of the crime until the Chief of Police has arrived.
B. 
Pending the arrival of the Chief of Police, the member of the Department first upon the scene shall make an immediate and thorough investigation into the circumstances of the crime and obtain the names and addresses of witnesses and all pertinent information possible. Supervising officers are held responsible for the completeness of this investigation. If the perpetrator is not apprehended, all evidence shall be submitted to the Chief of Police, who shall assume charge of the case.
C. 
A member of the Department shall promptly mark for future identification and secure against tampering all articles of value, as evidence, that are obtained in connection with a case.
D. 
When analysis of any substance or liquid for use as evidence is required, same shall be forwarded with written request to the police laboratory in the prescribed manner.
A. 
All communications and enclosures to any office within the Department shall be forwarded by messenger unless otherwise directed.
B. 
Any communication containing matter relating to the official business of the Department, or a member of it, is an official communication or record. It shall be promptly forwarded to its addressed destination through official channels, unless otherwise directed.
A member of the Department shall not employ, engage, solicit or obtain or cause to be employed, engaged, solicited or obtained, whether directly or indirectly, either with or without compensation, the services of any artist, entertainer or performer in connection with any dinner entertainment or other function sponsored by the individual member of the Department, or organization or group composed of or including members of the Department, without the written permission of the Chief of Police. Nothing herein is construed as restricting the rights of members of the Department in the regulation of their personal affairs, which are strictly private in nature.
A member of the Department shall not sign any note or other instrument as co-maker, guarantor or endorser for any money borrowed by any other member of the Department.
A member of the Department, individually or representing a police organization, is prohibited from issuing to any person any card, shield, button or other device without permission from the Chief of Police.
Members of the Department, regardless of assignment or duty, shall cooperate with each other. When a member of the Department obtains information which may be of value to a unit other than his own, he shall report the facts to his commanding officer, who shall transmit the information to the command affected.
A Chaplain of the Department or Chaplains of the authorized departmental organizations shall be treated with the courtesy and respect of their rank. Chaplains are authorized to visit departmental buildings and to converse with any member of the Department. They shall visit the sick, injured or dying and minister to the spiritual welfare of the Department.
A. 
Expenses involved in traveling on official business shall be itemized on claim vouchers provided by the Village of Sag Harbor. All other purchases must first be authorized by the Chief of Police, then by the Police Commissioner, who will direct that a purchase order be issued from the Village Clerk's office.
B. 
Any member, while traveling on official county business, who pays an individual toll of $1 or more, must obtain a receipt for this toll and attach it to his expense voucher in order to be reimbursed.
C. 
A member of the Department desiring to attend an official police conference school or meeting shall submit a request to the Commissioner at least one week in advance.
D. 
A member purchasing gasoline on a credit card must submit the paper copy he receives to the Village Clerk on a daily basis.
(1) 
Purchasing gasoline for any Department vehicle by means of a credit card within the Village of Sag Harbor is prohibited, except that, if, on an emergency call, search, etc., the vehicle or vehicles involved have insufficient fuel to respond to a Department's gasoline dispensing station, the operator is permitted to make a one-dollar purchase, which will give him sufficient gasoline to travel to said dispensing station.
(2) 
Any emergency gassing which exceeds the $1 specified must be explained by the operator, in writing, submitted to the Chief of Police, through channels, with endorsement by the operator's superior officer.
E. 
Vehicles assigned to leave Suffolk County must be completely fueled prior to departure. Normal travel to Nassau County or New York City should not require fueling outside Sag Harbor unless assignment requires extensive travel in that area.
A. 
A member of the Department shall make application for a desired change of detail or assignment to the Chief of Police, through official channels, typewritten on official designated forms. The member shall not permit anyone else to do so, for or in his behalf.
B. 
A member of the Department shall be detailed or assigned as directed by the Chief of Police.
C. 
A member of the Department shall perform the tours of duty prescribed by the Chief of Police and as indicated by the duty charts.
D. 
Sergeants shall report for duty in accordance with duty charts or as otherwise directed.
E. 
Patrolmen shall report for duty 15 minutes prior to the beginning of each tour of duty to familiarize themselves with orders, alarms, notifications and conditions requiring their attention or as otherwise directed.
Members of the Department must notify the Chief of Police and the Police Commissioner, in writing, prior to the time such members file for any type of retirement with the New York State Employees' Retirement System.
A. 
Members of the Department must immediately report, in writing, on designated forms, to the Chief of Police, all concealable firearms owned, possessed or disposed of by them. The Chief of Police shall make proper entries in the member's records and shall return a certified copy of the form to the reporting member to verify compliance with this rule.
B. 
Members of the Department who sell, give away or dispose of any concealable firearm shall immediately notify the Chief of Police, in writing, on the designated forms. This report must contain sufficient information and facts to properly identify firearm and vendee. A certified copy of the form shall be returned to the reporting member to verify compliance with this rule.
C. 
Members of the Department who are duly licensed gun dealers and who have written permission from the Chief of Police on the prescribed form as part of their Department record only shall report those firearms issued to them and/or personally owned by them.
A. 
The term "signature" includes name, rank and shield number, except where any form requires otherwise or as otherwise directed.
B. 
The terms "he" and "his" as used throughout the rules and procedures, general orders, special orders, memorandum, etc., apply to both the male and female members of the Department where applicable. Where the designation of "civilian" is used, it applies to both sexes as well.
A. 
Members of the Department must be proficient in the use and handling of their service revolvers and other designated firearms.
B. 
Periodic qualification shall be scheduled by the Chief of Police or supervisor to determine the proficiency of each member of the Department, and departmental recognition is awarded dependent upon the degree of qualification as directed by the Chief of Police. The current firearms qualification record shall be filed in the member's personnel file.
C. 
A member of the Department who discharges a firearm, except at an authorized range, shall promptly notify the Chief of Police who shall cause an immediate investigation of the cause and effect of such discharge, and the results of such investigation shall be forwarded as a certified report to the Chief of Police, through channels. An appropriate daily journal entry concerning such notification shall be made by the receiving desk officer where applicable. When the aforementioned incident occurs outside of the Village of Sag Harbor, the member shall promptly notify the local Police Department and telephone the communications duty officer, who shall cause the required investigation to be made upon the member's return.
D. 
Authorized use of firearms.
(1) 
The responsibility for any use of a firearm shall be borne by the member of the Department who fires same in violation of existing statutes and/or these rules and procedures.
(2) 
Penal Law § 35.30 lists the circumstances under which deadly physical force may be used by a peace officer. Members of the Department shall read and become familiar with this section.
E. 
Chemical mace.
(1) 
All members of the Department shall be issued chemical mace, a nonlethal weapon.
(2) 
All members of the Department shall be required to carry the issued chemical mace weapon when on duty.
(3) 
The use of chemical mace is controlled by the same sections of the Penal Law that now control the use of our existing issued weapons and the use of physical force. Chemical mace shall not be used on a subject unless the member of the Department reasonably believes that the use of chemical mace is necessary to effect an arrest, for self-defense or for the defense of a third party against unlawful physical force.
(4) 
When chemical mace is used, the member of the Department involved shall cause the face and eyes of the subject to be washed or flushed with cold water as soon as possible. In addition, the subject shall be examined by a police surgeon or other medical doctor.
(5) 
When a chemical mace weapon is used or discharged or is lost for any reason and in any manner, the reporting and recording of such action shall be as now required for a weapon discharged or lost by any member of the Department as outlined in these rules and procedures.
(6) 
When a chemical mace weapon is exhausted or inoperative, it shall be turned in to the Chief of Police for a replacement.
A. 
A member of the Department whose identification card, shield, cap device or firearm is lost or stolen shall notify the Chief of Police immediately. He shall prepare a field report and a supplementary report, in duplicate, to fully explain the circumstances which cause said loss. The supplementary report shall be submitted to the Chief of Police or desk officer who shall authorize the transmission of a teletype message (lost or stolen property) and forward the report verified by his signature, as follows: original to the records file, duplicate to the Chief of Police. The Chief of Police shall cause an investigation of the incident to determine if charges are to be preferred against the member and shall forward all reports to personnel records for inclusion in the member's departmental record after a final determination.
B. 
A member of the Department who is on sick report, injured and/or is to be admitted to a hospital or other similar institution for any reason and who cannot, in the judgment of his commanding officer, immediate supervisor or other superior officer delegated to act in this capacity by the member's commanding officer, properly safeguard his weapons, shield, cap device, identification card and other equipment, such as but not limited to handcuffs, billy and batons, shall surrender these articles to his commanding officer, supervisor or other superior officer delegated to act in this capacity by the member's commanding officer. The officer to whom these articles are surrendered shall prepare a field report. All items shall be invoiced into the police blotter and shall be retained in a secure place by the officer and he shall be held responsible for said items until he can turn them over to the Chief of Police.
C. 
A member of the Department shall not wear, use, display or have in his possession a police shield or other similar object, except as authorized by the Chief of Police.
A. 
Ambassadors and ministers accredited by foreign governments as their representatives, members of embassies and legations in Washington, D.C. and members of delegations to the United Nations shall have diplomatic immunity. They shall not be liable for punishment in this state. This immunity shall extend to their families and to their staffs. Each diplomat shall possess an identification card containing his name, title, country represented and his photograph. The cards shall be signed by the Secretary of State of the United States and by the Chief of Protocol of the State Department.
B. 
Members of the Department shall extend every courtesy to such persons, their families and employees on official business. They shall not be arrested, summoned or their vehicles tagged. They shall not be detained once their identification is satisfactorily established. The same consideration shall be granted to consuls and vice consuls of foreign nations, although they are not issued identification cards by any governmental agency of the United States. As an aid to their identification, it is noted that the Bureau of Motor Vehicles of the State of New York issues automobile registration plates bearing the letters "FC" preceded by a numeral or numerals for vehicles owned or used by foreign consuls. However, all consuls entitled to immunity may not have such plates due to the limited number available. Similarly, all registration plates bearing the letters "DPL" indicate issuance for automobiles owned or used by members of delegations to the United Nations or other representatives of governments who are accorded diplomatic immunity.
C. 
Instead of arrest or summons, the officer shall obtain the name and title of the person and the name of the government represented or, in the case of a parking violation, the license number of the vehicle and shall report the incident to his Chief of Police, in duplicate, direct. If other than a parking violation, the member concerned shall immediately report the details of the incident, without delay, to the Chief of Police. Notifications shall be made when the person possessing diplomatic immunity is the victim of a crime, is involved in a motor vehicle accident or is directly involved in any incident of a police nature.
D. 
A member of the Department having occasion to resolve a question of identity or status of an individual claiming to be a foreign representative or claiming diplomatic immunity shall promptly telephone the Chief of Police, from the scene of occurrence, if possible. Such a person claiming diplomatic immunity shall not be brought into headquarters merely for the purpose of identification. The member of the Department shall be guided by whatever instruction received regarding his inquiry. Members of the Department shall afford any necessary protection to and expedite the movement of members of delegations to the United Nations, officials of the United Nations, their families, accredited representatives of the press and others having official business.
E. 
A minister or an ambassador is required to file with the State Department a list of the members of his staff, his employees and servants. A copy of this list is filed with the United States Marshal in the District of Columbia. Police Departments concerned with a problem of the identification of an individual may consult the Marshal when in doubt.
A. 
It is the policy of the Department to assist newspapers, radio, television and other news media to gather news information.
B. 
Every effort shall be made to release current information without partiality. Information shall not be withheld or delayed in order to favor any particular news media representative or agency.
C. 
Authorized news media representatives shall be issued press cards by the Department. When not known, they shall be required to identify themselves by this means. The press cards issued by the Police Departments of the City of New York and Nassau County shall be acceptable by this Department as authorized news media representative identification.
D. 
Information may be released by the officer in charge of an investigation or other incident involving the police, but only in accordance with the provisions of the special orders relating thereto. He shall impose restrictions on access to the crime scene or the release of information by subordinates when he believes it necessary for the success of the investigation. Information concerning investigations or other police incidents shall be withheld only when the release of names of suspects, undeveloped leads or other such information would jeopardize the successful conclusion of the investigation or proper handling of the incident. Members of the Department will seek the cooperation of news media representatives in such matters.
E. 
Information released from the Communications Section shall only be released with the approval of the Chief of Police and the Commissioner as provided in the special orders.
F. 
Names of persons arrested shall not be released until after arraignment.
G. 
When news media representatives refuse to cooperate or violate an agreed-upon confidence, the incident shall be reported to the Chief of Police.
H. 
Names of victims shall not be released until next of kin is notified.
No member of the Department shall associate or fraternize with persons known to have been convicted of any misdemeanor or felony under the laws of this state or any similar conviction under the laws of any other state or under the federal law. A conviction under this rule shall not mean a conviction for any offense under the Vehicle and Traffic Law or a violation of an ordinance of a political subdivision of this state.
A member of the Department shall study these rules and procedures, as well as other manuals that apply to his assignments, and thoroughly familiarize himself with the applicable provisions. He shall be held responsible for maintaining these rules and procedures, as well as other manuals that apply, by keeping them up-to-date with such amendments that may be provided from time to time and in the prescribed manner.
A member of the Department shall not admit any liability of the Police Department, Village of Sag Harbor, New York, or any other governmental jurisdiction, nor shall be make any recommendations as to the collection of claims, except as specifically provided herein. This applies, but is not limited to, formal, informal, oral or written admissions. The term "admissions" includes, but is not limited to, direct statements affixing responsibility or any statement in any form which could be used in any legal proceedings against the Department or any other governmental jurisdiction.
A member of the Department who becomes involved in an injury or damage case in any manner, upon request, shall advise the person involved to write a letter or go in person to the office of the Village Attorney, Village of Sag Harbor, New York, setting forth his claim.
A. 
The speedometers of the Sag Harbor Village Police Department vehicles assigned to the patrol force shall be tested and calibrated monthly or as often as possible. Vehicles shall be tested and calibrated by use of the track test fifth wheel.
B. 
The track test wheel is a fifth-wheel device that is attached to the rear bumper of the vehicle tested. Revolutions of the wheel activate a direct-current generator, creating voltage that is registered on a voltmeter in miles-per-hour calibration.
(1) 
Tests shall be conducted by personnel competent to perform such tests and in the presence of the operator of the vehicle.
(2) 
The testing officer shall issue a speedometer card, in duplicate, having recorded thereon the vehicle speedometer readings and miles-per-hour calibrations made during the test. Each counterpart shall be dated and attested to by the testing officer and the operator of the vehicle, identifying the vehicle by radio call number, fleet number, year of manufacture and make. The original shall be filed in the Communications Section; the second copy shall remain in the vehicle.
It is the responsibility of all members of this Department to take every lawful means to suppress all forms of commercialized vice, gambling and the illegal use and distribution of drugs. All information concerning alleged narcotic addicts shall be forwarded on internal correspondence to the Chief of Police.
Any member of the Department who is approached by any person requesting information as to how he could apply (under the provisions of the New York State Mental Hygiene Law, Article 9, and in a noncriminal involvement) for an order directing a civil commitment of a possible or alleged narcotic addict to the care and custody of the Narcotic Addiction Control Commission shall:
A. 
Note the name, address and age of the person for whom such civil commitment is being requested.
B. 
Advise the person to call 727-0400, Supreme Court, Riverhead, Monday through Friday, 0900 to 1700 hours, for an appointment.
C. 
Submit the noted information on internal correspondence to his Chief of Police.
The responsibility for the taking of fingerprints shall be as follows:
A. 
Uniformed Division: in all criminal cases necessitating the taking of fingerprints.
The Code of Ethics of the Village of Sag Harbor, an ordinance adopted April 3, 1972, is an ordinance establishing standards of conduct for officers and employees of the Village of Sag Harbor. Pursuant to the provisions of § 806 of the General Municipal Law, the Village Board of the Village of Sag Harbor recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this ordinance to promulgate these rules of ethical conduct for the officers and employees of the Village of Sag Harbor. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Sag Harbor. The rules of ethical conduct of this ordinance, as adopted, shall not conflict with but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contract of municipal officers and employees. The Sag Harbor Village Code of Ethics follows on the next four pages.[1]
[1]
Editor's Note: See Ch. 25, Ethics, Code of.
No printing matter of any nature, other than normal and routine replenishment of authorized departmental forms, shall be undertaken by personnel on equipment of this Department or contracted for in any manner without a written memo signed by the Chief of Police. The Chief of Police renders final approval for the printing of any and all forms.
Commanding officers and supervising officers are responsible for the enforcement of these rules and procedures and all authorized orders. They are also responsible for the critical supervision of their subordinates and their strict compliance to these rules and procedures and all authorized orders.
A. 
All funerals taking place shall be properly recognized and assisted by Department personnel. At least one officer shall direct traffic at the location of the funeral service in order to accommodate the safe arrival and departure of funeral participants, and a patrol shall escort each funeral procession to its destination within the Village or to the Village line.
B. 
Security escorts shall be handled, upon request, by either vehicle or foot patrol.
All large public gatherings, such as school concerts and other school activities, movie breaks and church services, shall receive proper attention by personnel on duty for the safe conduct of vehicular and pedestrian traffic. If no request exists relative to an event, officers are fully expected to take the responsibility upon themselves to determine the nature of the event and will station themselves at the necessary time and most appropriate location to assist such traffic flow.
A. 
Appearing in court and testifying at a case in which an officer is involved is a serious obligation and responsibility. Officers notified by either subpoena, summons, court notice, blotter entry or any communication, verbal or written, from any officer or radio operator of this Department, court representative or member of the District Attorney's staff shall consider such notification official and shall respond and appear at the particular court in question. Officers failing to appear when so notified shall submit a written report within 72 hours to the Chief of Police, stating the reason for his failure to appear. The Chief of Police, in his discretion, may deduct two hours of compensatory time for each such case of failure to appear.
B. 
Dress. Officers testifying in court shall have the option of wearing a complete police uniform or civilian clothes. If civilian clothes are worn, they shall include a dress jacket, shirt and tie.