[Amended 3-28-1978 by L.L. No. 2-1978[1]; 9-23-1980 by L.L. No. 11-1980; 2-22-1983 by L.L. No.
4-1983; 11-4-2008 by L.L. No. 10-2008]
There shall be a Police Department, the head of which shall
be the Police Commissioner, who shall be appointed by, and serve at
the pleasure of, the Mayor. The Commissioner so appointed shall have
all of the qualifications and experience necessary for said office.
In addition to such other subordinates as may be provided him or her
by law, the Police Commissioner may detail from among those holding
the permanent rank of Captain, an Inspector for Investigational Services,
an Inspector for Support Services and an Inspector for Field Services.
Such Inspectors may be returned to their permanent ranks by the Police
Commissioner at any time, and such detail shall not be deemed a promotion.
The Police Commissioner shall be the appointing authority with respect
to all sworn uniformed members of the Department.
[1]
Editor's Note: Sections 3, 4 and 5 of this local law provided
as follows: "Section 3. Upon the retirement or resignation of the
incumbent Chief of Police or a vacancy in said office occurring after
the date of the adoption of this local law, the office of Chief of
Police shall be deemed abolished. "Section 4. Whenever the phrases
`Chief of Police' or any word or combination referring to said Chief
appears in any law (general, special or local), ordinance or resolution,
it shall be deemed a reference to the Police Commissioner. "Section
5. This local law shall take effect July 1, 1978, except that Section
3 shall take effect immediately."
The Police Commissioner shall have cognizance, jurisdiction,
supervision, command and control of the government, administration,
disposition and discipline of the Police Department and the officers
and members of the Police Department, and he or she shall possess
and exercise fully all powers and perform all duties pertaining to
the government, maintenance and direction of said Department and the
property thereof and buildings furnished therefor, and he or she shall
have the general direction and supervision of the expenditure of all
money appropriated to said Department. In the same manner, the Police
Commissioner shall have cognizance, jurisdiction, supervision and
control of the city jail. The Police Commissioner shall be responsible
to the Mayor for the conduct of all affairs within the Police Department,
and he or she shall possess such other powers and perform such other
duties as may be prescribed by law. The Chief of Police shall have
such powers and duties as the Police Commissioner may delegate.
[1]
Editor's Note: Sections 3, 4 and 5 of this local law provided
as follows: "Section 3. Upon the retirement or resignation of the
incumbent Chief of Police or a vacancy in said office occurring after
the date of the adoption of this local law, the office of Chief of
Police shall be deemed abolished. "Section 4. Whenever the phrases
`Chief of Police' or any word or combination referring to said Chief
appears in any law (general, special or local), ordinance or resolution,
it shall be deemed a reference to the Police Commissioner. "Section
5. This local law shall take effect July 1, 1978, except that Section
3 shall take effect immediately."
[Amended 3-28-1978 by L.L. No. 2-1978; 11-4-2008 by L.L. No.
10-2008]
The Police Commissioner shall make, adopt and enforce such reasonable
rules, orders and regulations, not inconsistent with law, as may be
reasonably necessary to effect a prompt and efficient exercise of
all the powers conferred and the performance of all duties imposed
by law upon him or her or the Police Department. He or she is authorized
and empowered to make, adopt, promulgate and enforce reasonable rules,
orders and regulations for the government, discipline, administration
and disposition of the officers and members of the Police Department.
All rules, orders and regulations issued heretofore by the Commissioner
of Public Safety in regard to the Police Bureau and in effect immediately
prior to the enactment of this local law shall continue in full force
and effect as rules, orders and regulations of the Police Commissioner
until such time as they are amended, superseded or rescinded by him
or her.
[Amended 2-22-1983 by L.L. No. 4-1983; 11-4-2008 by L.L. No.
10-2008]
Discipline in the Police Department, City of Yonkers, shall
be in accordance with the rules and procedures prescribed in § 75
of the Civil Service Law of the State of New York and any and all
other rules, regulations, ordinances, local laws not inconsistent
therewith. Said discipline shall include all formal charges made,
prepared or preferred against any officer or member of the Police
Department, City of Yonkers, for neglect of official duty or incapacity
to perform his or her official duties or some delinquency seriously
affecting his or her general character or fitness for the office.
Nothing contained herein shall prevent the disposition of minor derelictions
of duty pursuant to the rules and regulations of the Police Department,
City of Yonkers.
No person shall be appointed to membership in the Police Department
of the city, or continue to hold membership therein, who is not a
citizen of good moral character and/or who has ever been convicted
of a felony. The Chief of Police shall make all promotions and changes
of status of the officers and members of the Police Department in
accordance with the provisions of the Civil Service Law of the state,
except as otherwise provided herein. In making promotions, seniority
and superior capacity, as shown by competitive examination, shall
be taken into account.
[Amended 11-4-2008 by L.L. No. 10-2008]
No officer or member of the Police Department shall be a member of or delegate to any political convention, nor shall be or she be present at such convention except in the performance of duty relating to his or her position as such officer or member. He or she shall not solicit any person to vote at any political primary or election, nor challenge, nor in any manner attempt to influence any voter thereat. He or she shall not be a member of any political committee. Any officer or member violating any provision of this section shall be subject to a disciplinary hearing pursuant to § C12-4 of this Article.
[Amended 11-4-2008 by L.L. No. 10-2008]
No fee or compensation other than as authorized herein shall
be charged or received by any policeman or special officer for the
arrest, confinement or discharge of any person, or for serving any
process or warrant, or for discharging any other duty of his or her
office. But any reasonable or necessary expense incurred and actually
paid by any policeman, when traveling in the discharge of his or her
duties as policeman shall be paid by the Commissioner of Finance of
the City of Yonkers, on the warrant of the Chief of Police, and for
any service performed for or on behalf of the County of Westchester,
or of any town therein, and for any expense incurred therein by him
or her in such service, the Chief of Police is authorized to charge
such service and expense to said county or town, as the case may be,
and the same shall be audited and allowed by the fiscal officer or
legislature of said county or town against said county or town, to
and for the benefit of the City of Yonkers, and the same shall be
levied and collected by tax as other county or town charges and shall
be paid to the Commissioner of Finance of the City of Yonkers and
by him or her placed to the credit of the Police Department.
No member of the Police Department shall receive any present
or reward for services rendered, or to be rendered, unless with the
approval of the Chief of Police, upon application in writing, filed
with the Chief of Police; and any such member who shall receive any
fee or reward in violation of this section shall be subject to disciplinary
proceedings.
The minimum salaries, wages or compensation of members of the
Police Department as set forth in the schedule attached to the labor
contracts in force at the time this Article takes effect are hereby
continued. The City Council shall have and retain power to fix salaries,
wages or compensation of members of the Police Department at amounts
different than those in force when this Article takes effect. The
City Council may create new positions in the Police Department constituting
positions other than those referred to in said schedule or those now
existing, and other than positions of the rank, class, grade or title
specified in said schedule or now existing; and the Mayor shall have
power to fix the salaries of such new positions, subject to any limitations
which the City Council may impose; and the Mayor may recommend any
changes in salaries and any such new positions.
[Added 2-26-1974 by L.L. No. 3-1974]
There is hereby created a K-9 Bureau within the Police Department.
Said Bureau shall be headed by a superior police officer of the rank
of sergeant or above who shall be appointed by the Police Chief with
the approval of the Mayor. The K-9 Bureau shall be responsible for
the maintenance and care of specially trained police dogs and it shall
be composed of police officers who have the requisite knowledge and
experience to use police dogs to combat crime.
[Added 7-13-1989 by L.L. No. 12-1989; 11-4-2008 by L.L. No.
10-2008]
A.
The City of Yonkers shall provide for the defense of any civil action
or proceeding brought against a duly appointed police officer of the
City of Yonkers and shall indemnify and save harmless such police
officer from any judgment of a court of competent jurisdiction whenever
such action, proceeding or judgment is for punitive or exemplary damages
arising out of a negligent act or other tort of such police officer
committed while in the proper discharge of his/her duties and within
the scope of his/her employment.
B.
The determination of whether any such police officer properly discharged
his/her duties within the scope of his/her employment shall be made
by a majority vote of a three-member panel. The panel shall consist
of the police commissioner, the corporation counsel or his/her designee
and the Mayor or his/her designee.
