[Added 9-29-2020 by L.L. No. 3-2020]
A. 
Duty to intervene-any officer present and observing another officer using force that he/she reasonably believes to be clearly beyond that which is objectively reasonable under the circumstances shall intervene to prevent the use of that unreasonable force, if and when the officer has a realistic opportunity to prevent harm.
B. 
Police Officers-any sworn police officer of the Buffalo Police Department pursuant to Criminal Procedure Law 1.20 § 34, regardless of rank, who is responsible for preserving the safety and quality of life of the community they serve.
C. 
Use of force-using only that amount of physical force that is objectively reasonable to achieve a legitimate law enforcement purpose, including but not limited to protecting a person from the imminent use of physical force, effecting an arrest or preventing an escape from custody. Any use of force must be consistent with Article 35 of the New York State Penal Law.
i. 
Physical force shall only be used when no other viable option is available.
ii. 
The use of force must be reasonable and can never be reckless.
iii. 
During an encounter in which force has become necessary, the level of resistance or aggression displayed by the subject may vary at different points in the encounter. The level of force used by the Officer shall be adjusted to changes in the suspect's level of resistance or aggression.
iv. 
Members are prohibited from using force against persons engaged in First Amendment protected activities or to punish persons for fleeing, resisting arrest or assaulting a member, or for any other reason.
D. 
Objectively Reasonable - An objective standard used to judge an officer's actions. Under this standard, a particular application of force must be judged through the perspective of a reasonable officer facing the same set of circumstances, without the benefit of 20/20 hindsight, and be based on the totality of the facts that are known to that officer at the time that the force was used.
E. 
Deadly Physical Force - Physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.
F. 
Physical Injury - Impairment of physical condition or substantial pain.
G. 
Serious Physical Injury - Physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
Any on-duty police officer who observes another officer using inappropriate or unnecessary excessive force against a civilian and intervenes to protect the Constitutional and Civil Rights of the victim, shall not be unlawfully retaliated against by any employee, officer, director or agent of the City of Buffalo or the Commissioner of Police. Retaliation against officers or Good Samaritans who intervene to prevent objectively unnecessary police use of force may be grounds for termination of employment. Prohibited actions shall include, but not be limited to:
i. 
Termination or layoff
ii. 
Demotion of officer
iii. 
Denial of overtime or promotion
iv. 
Discipline of officer
v. 
Denial of benefits
vi. 
Failure to hire or rehire
vii. 
Intimidation or harassment
viii. 
Making threats
ix. 
Reassignment
A. 
Police Officers who fail to intervene in situations where an objectively reasonable officer would determine that excessive physical force is unnecessary or is being inappropriately applied, may be held criminally liable for any Penal Law offense under which the failure to intervene satisfies all of the elements of the offense.
B. 
An officer who fails to intervene while a fellow officer violates a victim's Constitutional rights may be disciplined internally for failure to intervene to stop the Constitutional violation if he (1) had a reasonable opportunity to intervene to prevent the harm from occurring and did not, (2) the actions complained of was committed by an officer acting under color of state law' and (3) deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.
C. 
An officer who had a reasonable opportunity to intervene but did not, may be found to be in dereliction of his/her duty to intervene pursuant to section 13-21(a) and asked to reimburse the City for any civil judgments rendered by a court of law for his actions where that officer observes or has reason to know:
(i) 
That excessive force is being used;
(ii) 
That a citizen has been unjustifiably arrested; or
(iii) 
That any constitutional violation has been committed by a fellow officer.
D. 
The Commissioner shall cause to be examined any allegations of an officer's failure to intervene by authorized agents appointed to carry out such investigation, it shall not be uncommon for said officer to be placed on administrative leave during the period of investigation.
E. 
Whenever an officer fails to intervenes in an incident resulting in death or serious bodily injury, said incident shall be referred to the Office of the District Attorney (DA). Charges may be brought against the offending officer as well as supervisory officers who observed use of excessive force without stopping them, or who actively encouraged use of excessive force while not directly participating in it.
F. 
Police officers who falsify reports of inappropriate or excessive use of force by a fellow officer may be criminally charged with filing a false report, pursuant to Penal Law § 240.60.
A. 
Any Police Officer who is convicted of any of the criminal charges detailed in this law in a competent court of law, will be terminated upon conviction. Any police officer who is convicted of any other criminal charges stemming from failure to intervene, such as assault conviction, may be terminated. Any police officer who is found civilly liable for objectionable unreasonable use of force, outside the scope of their duty, is liable to the party aggrieved for the damages sustained by him, in addition to any other punishment or proceeding authorized by law, including but not limited to any punitive judgments awarded against the City pursuant to the theory of vicarious liability by a competent court of law.
B. 
No officer, pursuant to Public Officer Law § 3 shall be capable of holding a civil office who shall stand convicted of a felony defined in article 200, or 496 or § 195.20 of the Penal Law.
C. 
Any police officer pursuant to Public Officer Law § 3 who stands convicted of a misdemeanor defined in article 200, or 496 or section 195.00 of the Penal Law may not hold civil office for a period of five years from the date of conviction, provided that in the event such conviction is the result of a plea agreement resulting in a plea to such charge in lieu of a plea or conviction of a felony defined in section 195.20, article 200 or article 496 of the Penal Law, all parties to such agreement may agree that the period of such bar may be for a period of up to ten years from the date of conviction.
Any police officer that observes another officer in the act of applying excessive force to effectuate a stop, seizure, or an incidental arrest, has an affirmative duty to intervene pursuant to § 13-21A and to make a formal report with their department head. Reporting requirements shall apply whether the use of force occurred while the offending officer was on or off-duty. All involved and witnessing officers shall prepare a Use of Force Report in accordance with the City of Buffalo Police Department Use of Force Protocol. Failure to report shall be grounds for discipline up to and including termination, if it is determined that the actions of the officer violated the public trust or breached a duty. Any final disciplinary action is subject to review pursuant to CPLR Article 75.
Any police officer found to have been terminated for reporting the objectively unreasonable use of force against a civilian or intervening to stop the use of objectively unreasonable force by a fellow officer within the twenty year period preceding the adoption of this law, may have said finding reviewed by a court with competent jurisdiction.