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,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.
|
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:
B. Seniority in the Department is determined as follows:
(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.
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.
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.
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.