There shall be in the City of Albany a department known as the "Department of Police."
[Amended 12-2-1985 by L.L. No. 2-1986; 2-6-1989 by L.L. No. 3-1989]
A. 
There shall be appointed by the Mayor to serve at his pleasure, a Chief of the Police Department, who shall be the head of the Police Department and whose appointment shall be evidenced by a certificate in writing, signed by the Mayor and filed in the office of the City Clerk.
B. 
The Police Chief shall appoint Deputy Chiefs, Assistant Chiefs and such other supervisory personnel in accordance with § 42-7 of this Code. Whenever the Police Chief is unavailable or otherwise unable to perform the functions of his office, the most senior Deputy Chief available shall have the powers, duties and obligations thereof and shall act in the Police Chief's place and stead.
[Amended 10-17-1994 by L.L. No. 9-1994; 8-21-1995 by L.L. No. 8-1995]
C. 
Whenever the Chief and the Deputy Chiefs are unavailable as aforesaid, the powers, duties and obligations of the office of Chief shall be vested in the most senior of the Assistant Chiefs then available.
[Amended 10-17-1994 by L.L. No. 9-1994; 8-21-1995 by L.L. No. 8-1995]
[Amended 12-2-1985 by L.L. No. 2-1986]
Whenever a vacancy occurs in the office of the Chief of Police, the Mayor shall appoint, in his discretion, a person deemed by him to be suitable and competent to fill the same.
[Amended 12-2-1985 by L.L. No. 2-1986]
The Chief shall make all appointments, 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.
[Added 7-2-2018 by L.L. No. 4-2018]
The Chief shall submit to the Common Council quarterly reports on current staffing levels and vacancies based on each calendar quarter. Such reports shall also include the amount of overtime extended in each quarter as expressed in shifts deployed and total hours extended and shall include a comparison of the overtime extended within a quarter to the amount of overtime extended in the immediate preceding quarter.
[1]
Editor's Note: Former § 42-5, Powers and duties of Chief of Police, as amended, was repealed 2-22-2001 by L.L. No. 1-2001.
[Added 1-4-2021 by L.L. No. 2-2021]
A. 
The City of Albany Police Department, using a form to be developed in consultation with the Community Police Review Board, shall record and retain the following information:
(1) 
The number of persons stopped for traffic violations and the number of persons patted down, frisked, and searched;
(2) 
The characteristics of race, color, ethnicity, gender and age of each such person, provided the identification of such characteristics shall be based on the observation and perception of the officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped;
(3) 
If a vehicle was stopped, the number of individuals in the stopped motor vehicle;
(4) 
The basis for the conduct that resulted in the individual being stopped and frisked or searched, the alleged violation that resulted in the individual being stopped, or nature of the alleged traffic violation that resulted in the stop;
(5) 
Whether a search was conducted and, if so, the result of the search;
(6) 
If a search was conducted, whether the search was of a person or the person's property, and whether the search was conducted pursuant to consent and if not, the basis for conducting the search, including any alleged criminal behavior that justified the search;
(7) 
Whether a warning citation was issued;
(8) 
Whether an arrest was made and for what charge;
(9) 
The approximate duration of the stop; and
(10) 
The time and location of the stop.
B. 
The Police Department shall compile the information set forth in this section for the calendar year into a report to the Common Council. The data shall be provided on a City-wide, ward-wide, and month-by-month basis. The report shall be submitted no later than March 1 of each year.
[Amended 12-2-1985 by L.L. No. 2-1986]
A. 
The Chief of Police 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 the Department under his jurisdiction.
B. 
He 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 and for a hearing, examination, investigation, trial and determination of charges made or prepared against any officer or member of said Department for neglect of official duty or incompetency to perform his official duties or some delinquency seriously affecting his general character or fitness for office and may, in his discretion, punish any such officer or member found guilty thereof by reprimand, forfeiting and withholding pay for a specified time or suspension during a fixed period or dismissal from office; but no officer or member of said Department shall be removed or otherwise punished for any cause until specific charges, in writing, have been preferred against and served upon him, and until he shall have been found guilty thereof after reasonable notice and upon due trial before the Chief in the form and manner prescribed by law and the rules and regulations of the Department.
C. 
Reinstatement.
(1) 
At any time within 10 years after the date of dismissal, any officer or member dismissed may make application to the Chief for reinstatement. Such application must be in writing and contain a release of the City from all claims for back compensation. The Chief may, in his discretion, rehear and redetermine the charges and reinstate such officer or member with or without an allowance of the whole or a part of the time since such dismissal, to be applied on his time of service in the Department, or may affirm such dismissal.
(2) 
At any time after the date of resignation, an officer or member who has resigned may make application to the Chief for reinstatement, and the Chief may, in his discretion, reinstate him, but the time between the date of resignation and reinstatement shall not apply on his time of service in the Department.
[Added 1-4-2021 by L.L. No. 3-2021]
A. 
Video cameras issued to police officers or installed on police vehicles shall be used to record any interaction with the public and shall continue to record until the entire interaction is over. Individuals can require that any officer turn on the camera if not already turned on.
B. 
Video cameras shall not be used to record in places where a reasonable expectation of privacy exists, such as in a restroom, unless there is an emergency situation or a crime is being committed. Officers shall ask permission to film before entering a private home or apartment for interviews.
C. 
A supervisor must approve any request to turn off a camera, and this request, along with the reason, shall be documented.
D. 
The Chief of Police shall submit to the Common Council on a quarterly basis, based on the calendar year, a report of the number of times cameras have been turned off and a summary of the reasons the request was approved.
(1) 
The report shall identify any officer who has turned off their camera more than once in a reporting period.