[HISTORY: Adopted by the Town Board of the Town of Orchard Park as
Secs. C-2 through C-62 of the 1970 Code. Amendments noted where applicable.]
The Town Clerk is hereby directed and authorized to have the rules,
orders and regulations set forth herein, including the sections pertaining
to charges and trials, printed and copies of the same distributed to each
member of the Police Department.
The Police Department shall consist of the following:
The Chief of Police shall be the chief executive officer of the police
force, subject to the rules, regulations and orders of the Town Board.
A senior commissioned officer within the Police Department may be designated
as Acting Chief of Police to assume all of the powers and responsibilities
of the Chief of Police in the absence of the Chief of Police. The functions
assigned to any officer by title of office devolve upon the officer acting
in his place. An officer in temporary command shall not, however, except in
urgent cases, alter or annul a standing order of the Chief of Police.
The Chief of Police shall have the power to promulgate orders through
the police force, not inconsistent with law or the rules and regulations of
the Department.
All standing orders promulgated by the Chief of Police pursuant to § 27-5 shall be recorded either in a book or on a bulletin board at police headquarters.
All orders of the Police Department shall be issued by the Chief of
Police, or in his absence the Acting Chief, and communicated to the police
force through the Lieutenants or in such manner as circumstances may require,
but whenever practicable, orders shall be passed down through the line of
command.
It shall be the responsibility and the duty of the Chief of Police to
assign the supervisory officers of the Department to duty and to instruct
them concerning their duties, seeing that they conform to all provisions of
law relating to police officers and the rules and regulations of the Police
Department.
The Chief of Police shall attend to all of the correspondence of the
Department and shall also be responsible for the preparation of all reports
to the Town Board or other governmental agencies. The Chief shall have the
right to delegate all or any portion of these duties to any officer competent
to attend to the same.
When necessary, the Chief of Police will repair to all serious or extensive
fires, riots or other emergencies within the town. He may order any or all
of the police to duty as he may deem proper when such emergencies arise and
may in his judgement require the services of extra policemen.
The Chief of Police shall be in charge of all school crossing guards
employed by the town. The instruction, training, assignment, control and discipline
of the school crossing guards shall be the responsibility of the Chief.
A.
Generally. The police force shall consist of one or more
Lieutenants, who shall rank next highest to the Chief of Police or Acting
Chief of Police and shall be obeyed and respected as such.
B.
Obedience to orders. The Lieutenants shall promptly obey
all lawful orders received from the Chief of Police or Acting Chief of Police.
C.
Responsibilities generally. The Lieutenants shall be
held responsible for the general good order and discipline of the men under
them and shall make themselves thoroughly acquainted with the capabilities
of the patrolmen under their command. It is their responsibility to see that
the men under them strictly adhere to all rules, regulations and orders.
Patrolmen of the police force shall promptly obey all lawful orders
of their superior officers.
A.
Courtesy; treatment of prisoners. Patrolmen assigned
to the desk must be courteous and respectful to persons who may telephone
or visit the police station on business. They will be held personally responsible
for the treatment of the prisoners in the station and under no circumstances
shall they allow unnecessary violence in the handling of a prisoner. They
shall allow no one except a police officer or the prisoner's attorney
to have any conversation with the prisoner except in their presence.
B.
Condition of station. Patrolmen assigned to the desk
shall be held personally responsible for the condition of the police station
while on duty.
C.
Duty to visit cells. Patrolmen assigned to the desk shall
visit the cells when prisoners are being held at least once every hour.
D.
Taking of bail; relaying, recording messages. The patrolmen
assigned to the desk on duty shall be charged with the responsibility of the
taking of bail and relaying or recording all messages received by telephone,
teletype, radio or by other means and shall fully cooperate with all other
government agencies in the recording or relaying of messages.
E.
Department books, records, reports. The patrolman assigned
to the desk shall be charged with the responsibility of keeping all Department
books and records and the making or filing of all reports in accordance with
the orders of his superiors.
A.
Care of cars. Patrolmen in police cars shall be held
responsible for the cleanliness and general condition of the cars. The need
for any repair work or maintenance other than routine maintenance shall immediately
be reported to a superior officer.
B.
Use of car. It shall be the duty of the patrolman to
whom a particular police car is assigned to use it only in accordance with
the rules, orders and regulations of the Police Department.
Every member of the police force is expected to make a continuing effort
by study, observation and training to better his skill as a police officer.
He is expected to refrain from any acts or conduct which, while not expressly
enumerated in this chapter, would be unbecoming to a police officer and a
gentleman. His primary concern shall be the enforcement of the law and the
prevention of crime.
Every member of the police force, upon initially being appointed by
the town, shall first serve on a probationary basis, it being fully understood
that no civil service, seniority or any other rights will accrue prior to
the conclusion of said probationary period. It is further understood that
the hiring during this probationary period is terminable at will by the town,
and that the town is not obligated to afford any hearing or give any notice
to said probationary appointee prior to discharging him.
Members of the Police Department appointed since July 1, 1961, must
reside within the Town of Orchard Park. Each Department member must file his
current address at police headquarters.
Every member of the Police Department must maintain at his residence
and at his own expense a telephone, with the current number of such telephone
listed at police headquarters.
All members of the Police Department shall devote the major portion
of their time and attention to the business of the Department.
Any employment outside the Police Department in excess of 24 hours in
one calendar week is expressly prohibited.
All members of the Police Department are expressly prohibited from following
any calling or being employed in any business that might be degrading to a
police officer.
If a Police Department member holds an outside job which is not contrary to § 27-22 of these rules, orders and regulations, he must file with the department the name, address and telephone number of said outside employer.
Every member of the Police Department is required to attend such police
training schools as may be designated and approved by the town. While this
rule does not require regular attendance at such schools, the town or the
Chief of Police shall determine how often members of the police force must
attend.
All members of the Police Department shall be deemed to be always on
duty, subject to such relief therefrom as shall be allowed by proper authority,
and the same responsibility as to the suppression of disturbances and arrest
of offenders rests upon them when not in uniform as when on duty.
All members of the Police Department shall report to police headquarters
at least 10 minutes prior to the commencement of their tour of duty. When
reporting, they shall be clean and presentable and in the proper uniform.
During this period and prior to the commencement of his tour of duty, it shall
be the duty of every member of the Department to familiarize himself with
any significant events or occurrences which may have occurred during the tour
of duty of the officer whom he is relieving and to thoroughly familiarize
himself with all significant communications which may have come to the attention
of the Department since he was last on duty.
Except where not possible due to the scheduling of shifts or due to
emergencies within the Police Department, no member of the Department shall
report for duty who has not had eight full hours of rest during the sixteen-hour
period immediately preceding the commencement of his tour of duty.
No member of the Police Department shall report for duty in such condition
that he would be deemed to be under the influence of alcohol by his superior
officers, and no member of the Department shall consume any beverages of an
alcoholic nature while on duty.
A.
Department to be notified. A member of the police force
unable to report for duty because of illness shall notify the patrolman assigned
to the desk at least one hour prior to the commencement of his tour of duty.
The patrolman at the desk shall thereupon immediately inform the Chief of
Police or the Acting Chief of Police of this fact, or in the absence of the
Chief or Acting Chief, a Lieutenant on duty shall be informed.
B.
Physical examination. If there is any question about
the physical condition of the member of the force alleged to be ill, he shall
immediately be required, in the discretion of the Chief of Police, the Acting
Chief of Police or the Lieutenant, to submit to a physical examination by
a physician chosen by the Police Department.
Any member of the Police Department who has missed more than five days
of duty because of illness or other disability shall be required to submit
to a physical examination prior to returning to duty.
The use of Police Department facilities, vehicles, telephones and other
equipment for other than Police Department work is hereby expressly prohibited.
Going to and from work is not deemed to be Police Department work under this
section.
Only members of the Police Department or civilian defense or other duly
authorized auxiliary police on duty or other persons necessary to the performance
of police work shall be permitted to ride in police cars. Only members of
the Police Department may operate police cars.
Members of the Police Department will notify the patrolman assigned
to the desk when going to lunch and also upon returning for duty. A lunch
period shall not exceed 30 minutes. When two patrols are on the road, they
shall not go for lunch at the same time.
Members of the Police Department, in dealing with the public and in
securing the services of private citizens for the purposes of the towing of
vehicles, the treatment of the injured or any other activities where the services
of private citizens may be necessary, shall show no favoritism towards nor
any bias against any particular individual or firm, and wherever practicable,
especially with regard to the towing or servicing of vehicles, shall avail
themselves of the services of residents of the town in rotation.
A.
No member of the Police Department shall solicit for
any attorney in connection with civil or criminal cases or advise prisoners
whom to engage. No member of the Department shall perform any services for
pay for any attorney, including the procuring of photographs or the assitance
in investigation of an accident or crime. This does not prohibit a member
of the Department from appearing in court for an attorney pursuant to a subpoena,
nor does it prohibit a member of the Department from serving legal papers
for attorneys while off duty, provided a uniform charge is made for such service
by all members of the Department.
B.
Members of the Orchard Park Police Department are prohibited
from contributing any money, directly or indirectly, to or soliciting, collecting
or receiving any money for any political fund or joining or becoming a member
of any political club, association, society or committee.
[Added 11-7-84]
C.
A member of the Orchard Park Police force or Department
is prohibited from affiliating with any organization or body, the constitutions
or regulations of which would in any way exact prior consideration and prevent
him from performing his departmental duties, unless he first obtains permission
from the Chief of Police; and he shall immediately advise the Chief of Police
of any change in his classification in relation to selective service or status
concerning his membership in any federal or state military organization or
reserve program. At no time shall more than 10% of the Department be allowed
to be members in such military organization or reserve program, and, in any
event, no more than one member of the Department shall be on military or reserve
leave at any one time.
[Added 2-18-87]
When appearing either as a witness or as an arresting officer in any
court, a member of the police force shall be attired in full uniform, if on
duty, or in a business suit with tie if not on duty.
Any member of the police force shall be subject to suspension, reduction
in pay, dismissal or such other penalty as may be determined by the town if
found guilty of any of the following violations:
A.
Intoxication while on duty.
B.
Neglect of duty.
C.
Disrespect toward a superior officer.
D.
Unnecessary violence to prisoners.
E.
Voluntarily divulging police information which is confidential.
F.
Violation of any rule, order or regulation of the Police
Department.
G.
Publicly commenting upon the official action of a superior
officer.
H.
Incompetency.
I.
Absence without leave.
The Town Board, pursuant to the authority conferred upon it by § 155
of the Town Law, has adopted the rules and regulations set forth hereinafter
for the examination, hearing, investigation and determination of charges made
or preferred against any member of the Police Department.
Charges may be brought or preferred against any member of the Police
Department where an offense has been committed which constitutes a violation
of the rules, orders and regulations of the Police Department.
A.
Charge to be in writing, sworn to. The charge preferred
against a member of the Police Department must be in writing and must be sworn
to by the person preferring the same.
B.
Delay prior to charging. Such charges shall not be brought
more than 60 days after the time when the facts upon which such charges are
based are known to the Town Board.
C.
Contents; each offense to form separate charge. The written
charge shall state the name and rank of the accused and the time and place
of the alleged act or omission constituting the offense. Each distinctive
offense shall form a separate charge.
If a charge is against a member of the Police Department other than
the Chief of Police, it shall be preferred by the Chief. If, because of physical
or legal disability, the Chief is unable to act, or upon his failure to do
so, the Town Board may designate an officer to prefer charges.
In a case where charges are preferred against the Chief of Police, such
charges shall be preferred by the Supervisor of the town or any deputy or
employee designated by him.
A.
Pending the hearing and determination of charges preferred
against a member of the Police Department, the accused officer or employee
against whom such charges have been preferred may be suspended without pay
for a period not exceeding 30 days.
A.
A written notice designating the time and place of the
trial or hearing, together with a written copy of the charge or charges, shall
be served upon any member of the Police Department against whom charges have
been preferred in either one of the two following manners:
B.
The date designated on which the trial or hearing is
to take place shall be at least 20 days following the service of the notice
of trial or hearing and charges.
A member of the Police Department against whom charges have been preferred
shall be allowed eight days, or in the case of service by registered mail,
12 days, in which to make written answer to the charges. The accused is not
required to answer the charges in writing, but if he elects to do so, such
answer must be sworn to.
A member of the Police Department against whom charges have been preferred
shall have the right to a public hearing.
The person or persons holding the hearing or trial of a member of the
Police Department against whom charges have been preferred shall, upon the
request of the accused, permit him to be represented by counsel and shall
allow him to summon witnesses in his behalf.
[Amended 11-7-84]
No person who has preferred charges or any part of the same against
a member of the Police Department shall sit as judge upon such hearing or
trial. Where the charges are preferred by the Chief of Police or someone designated
to act in his stead, the trial or hearing shall be before the Town Board,
with one of them designated to preside over the same. Where the charges are
preferred by the Town Board, the trial and hearing shall be before a panel
of three members, one appointed by the Town Board, one appointed by the accused
and the third appointed by the first two members.
All witnesses who testify at the trial or hearing of a member of the
Police Department shall testify under oath.
The person presiding over the trial or hearing of a member of the Police
Department shall, at the expense of the town, employ a competent shorthand
reporter to record all the testimony.
The burden of proving incompetency or misconduct shall be upon the person
alleging the same.
Compliance with technical rules of evidence shall not be required during
the trial or hearing of a member of the Police Department against whom charges
have been preferred under the provisions of this chapter.
The person or persons hearing and determining the charges against a
member of the Police Department shall also designate the punishment, if any.
Except in the case where the charges have been preferred by the Town Board,
the Town Board may, by a vote of at least 3/4 of its members, vacate or modify
the punishment.
If a member of the Police Department is found guilty of the charges
preferred against him, he may be punished as follows:
A.
By reprimand;
B.
By forfeiture and withholding of salary or compensation
for a specified period not exceeding 20 days;
C.
By extra tours or hours of duty during a specified period
not exceeding 20 days;
D.
By suspension from duty for a specified time not exceeding
20 days and withholding of salary or compensation during such suspension;
or
E.
By dismissal from the Police Department.
No member of the Police Department who shall have been dismissed pursuant
to these rules and regulations shall be reinstated unless he shall, within
12 months of his dismissal, file with the Town Board a written application
for a rehearing of the charges upon which he was dismissed. The Town Board
shall have the power to rehear such charges and, in its discretion, may reinstate
a member of the Police Department after he has filed such written application
therefor.
The conviction of a member of the Police Department shall be subject
to review by the Supreme Court, Erie County, in the manner provided by Article
78 of the Civil Practice Law and Rules, provided that the proceeding is commenced
within 30 days from the determination of such conviction.
