[Adopted 12-15-1987]
The Law Enforcement Code of Ethics is as follows:
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As a Law Enforcement Officer, my
fundamental duty is to serve mankind; to safeguard lives and property;
to protect the innocent against deception, the weak against oppression
or intimidation and the peaceful against violence or disorder; and
to respect the Constitutional rights of all men to liberty, equality
and justice.
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I will keep my private life unsullied
as an example to all; maintain courageous calm in the face of danger,
scorn or ridicule; develop self-restraint; and be constantly mindful
of the welfare of others. Honest in thought and deed in both my personal
and official life, I will be exemplary in obeying the laws of the
land and the regulations of my Department. Whatever I see or hear
of a confidential nature or that is confided to me in my official
capacity will be kept ever secret unless revelation is necessary in
the performance of my duty.
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I will never act officiously or
permit personal feelings, prejudices, animosities or friendships to
influence my decisions. With no compromise for crime and with relentless
prosecution of criminals, I will enforce the law courteously and appropriately
without fear or favor, malice or ill will, never employing unnecessary
force or violence and never accepting gratuities.
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I recognize the badge of my office
as a symbol of public faith, and I accept it as a public trust to
be held so long as I am true to the ethics of the police service.
I will constantly strive to achieve these objectives and ideals, dedicating
myself before God to my chosen profession...law enforcement.
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A.
It is the goal of the Niskayuna Police Department
to provide the community with well-trained, well-educated, well-disciplined,
professional personnel who are committed to fair and impartial law
enforcement and public service. These personnel will assist the community
to maintain, in a democratic manner, that degree of safety and order
which is an indispensable fact of life in our present-day society.
These goals are best obtained through the use of the written directive,
an organizational tool, which establishes the level of expected behavior.
B.
It is the object of the following directives to resolve
citizens' allegations of misconduct, to reduce personnel violations
of codes of conduct and to maintain policies and procedures which
are both current with the law and constitute sound management/employee
practices.
C.
A police force that voluntarily and enthusiastically
conforms to its Department's rules and regulations is considered to
be well-trained and well-disciplined. Each officer must be cognizant
of this premise and accept his individual responsibility to attain
these goals.
D.
Nothing in these rules and regulations will conflict
with or supersede any law or the Public Employment Agreement entered
into between the Niskayuna Police Benevolent Association and the Town
of Niskayuna.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
DEPARTMENT (MEMBERS OF)
FORCE (MEMBERS OF)
GENERAL ORDERS
INSUBORDINATION
LAWS AND ORDINANCES
MEMBER
MEMORANDA
OFF DUTY
OFFICER
OFFICER IN CHARGE (OIC)
ON DUTY
POLICE AND SAFETY COMMITTEE
PROFESSIONAL
REGULATION EQUIPMENT
RULES AND REGULATIONS
SPECIAL ORDERS
STANDARD OPERATING PROCEDURES (SOP)
SUPERIOR OFFICER
SUPERVISORY OFFICER
The following definitions govern the use of these terms in the duties
and rules of conduct of the Department:
The Department of Police of the Town of Niskayuna, Schenectady
County, New York, and such term includes the term "police force,"
civilian members, school traffic officers and dog control officer.
Includes all members of the Police Department who have taken
the oath of office and who possess the police power to arrest.
Permanent procedural directives which can be modified only
by the authority of the Chief of Police and are in effect until so
altered or superseded by another order.
The unwillingness or failure to submit to authority.
Those laws, both state and local, and ordinances, the enforcement
of which is the responsibility of the Department.
Any employee of the Department.
Directives designed to either inform or inquire or to direct.
They are personal in nature and are usually addressed to one person
or a restricted number of persons. "Memoranda" are utilized to disseminate
information or instructions which do not warrant a formal order. They
are also used to explain or emphasize previously issued orders.
All hours other than when on duty.
A member of the police force possessing the power of arrest.
That person assigned by virtue of rank or directive to be
in command of a shift or detail of Department members.
Hours specifically assigned to a member or any time involved
serving during a police emergency even though a member was not specifically
assigned.
The Police Department of the Town of Niskayuna, Schenectady
County, New York, shall be supervised by a "Police and Safety Committee"
which shall consist of members appointed by the Town Board and designated
to serve in this capacity.
Conduct in accordance with the tenets of the Law Enforcement
Code of Ethics which is a part of these rules.
Equipment which meets specifications established by a Department
order.
Directives designed to cover situations in which no deviations
or exceptions are permitted. The essence of a rule is its inflexibility.
A rule, properly enforced, applies equally to all persons effected
by the rule.
Generally of a temporary nature for a specific length of
time and a specific subject; need not be included in books of rules
but may be posted on Department bulletin board; have the same effect
as a rule or regulation.
General guides which set out a specific way of performing
a job or task. They generally permit some flexibility within certain
constraints.
A person holding a higher supervisory or command position.
Any member, other than the Chief of Police and the Deputy
Chief of Police, who is authorized to direct the activities of others,
also known as the "officer in charge."
B.
Pronouns. All pronouns include the masculine and feminine gender
unless otherwise specified.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
Police Department. The Police Department of the Town of Niskayuna
shall consist of a Chief of Police and such other police officers
as the Town Board shall deem necessary. The duties of the Chief of
Police and members of the force and Department shall be as prescribed
by the law of the State of New York and the rules and regulations
adopted for the control of the government, administration, disposition
and discipline of the Police Department, the police force and the
members thereof.
B.
Police and safety committee. The Police Department of the Town of
Niskayuna, Schenectady County, New York, shall be supervised by the
Chief of Police and a Police and Safety Committee, of which members
of the Town Board have been designated to serve in this capacity.
C.
Duties and responsibilities. The Police Department and its police
force have the power and it is their duty to:
D.
Temporary absence or disability of the Chief of Police. During the
temporary absence or disability of the Chief of Police, when no special
designation is made by competent authority, the command automatically
devolves upon the senior ranking member of the command. He shall possess
all the powers and perform all the duties of the Chief of Police,
except the power to make any changes in the rules and regulations,
appointments, promotions, changes of assignment or detail, and he
shall carry out the orders previously given, and such orders shall
not, except in cases of extreme emergency, be countermanded nor set
aside; however, when such action is taken, a report shall be made
to the Chief of Police in writing stating the reasons thereof in such
instances.
E.
Order of rank in command. In no event, does the listing of particular
positions in this section obligate the Town to create and/or fill
such positions.
G.
The Chief of Police will post a current seniority list and make corrections
when necessary.
H.
The Chief of Police will post a current organizational chart.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
General duties. Within the boundaries of the Town, the Chief of Police
shall be charged with and responsible for:
B.
Specific duties. The Chief of Police shall:
(1)
Enforce the rules and regulations of the Police Department and is
charged with and responsible for the discipline and efficiency of
the members of the force and Department.
(2)
Provide each member with a copy of the rules and regulations and
see that he is properly instructed in his duties and that he performs
them in such a manner as to render effective police service; also
that he is instructed with regard to his conduct, on and off duty,
so that his conduct will not be detrimental to the good order and
efficiency of the Police Department.
(3)
Assure the accurate preparation, maintenance and forwarding of reports
and records.
(4)
Carefully examine frequently all books and records required to be
kept in conformity with the laws of the State of New York and the
rules and regulations of the Department and see that entries therein
are properly made.
(5)
As directed, take inventory, inspect and maintain department building,
property and equipment and forward a report to the Police and Safety
Committee.
(6)
Account for the property assigned to and issued for the use of members
of the Department and is responsible for the proper care, economical
use, sufficiency and serviceability thereof and shall make frequent
inspections thereof.
(7)
Submit the annual budget to the Police and Safety Committee as directed.
(8)
Frequently visit every building or parts thereof assigned to his
Department and all parts of the territory within the boundaries of
the Town at intervals of the day and night and take or direct to be
taken such action as may be required to render effective police service
and to maintain proper discipline. He shall frequently test the knowledge
of subordinates as to conditions upon their posts.
(9)
Carefully investigate the following, occurring within his Department,
and shall forward a written report in full detail to the Police and
Safety Committee:
(a)
The reported death of any member of the Department while acting
in the discharge of duty.
(b)
Cases of special faithfulness to duty, exceptional skills and
bravery in the performance of duty and where first-aid of an exceptional
nature has been rendered by any member of the force or Department.
(c)
Cases of civilians who render assistance to the Police Department
or any member thereof in the apprehension of a criminal or in an emergency.
(10)
Carry out the following, in addition to all other reports, when a
member of the force is injured:
(a)
Make a careful investigation of the circumstances of the injury
and interview and obtain a signed statement from each witness.
(b)
Make a report of the results of the investigation. This report
shall show whether or not, in his opinion, such injury was sustained
in the performance of police duty, whether or not negligence on the
part of the injured member contributed to the injury and the names
and addresses of all witnesses.
(c)
Forward a written report to the Police and Safety Committee.
(11)
Occasionally inspect the uniform and equipment of members of the
Department at an outgoing roll call of the platoon to which the member
is assigned. He shall at all times give particular attention to the
uniforms, equipment and general appearance of the members of the force.
(12)
Carefully observe the police duty performed by probationary police
officer and shall report to the Police and Safety Committee at a meeting
previous to the expiration of the probationary period the manner in
which such duty was performed.
(13)
Obtain all Police Department property in the possession of a member
of the force who resigns, retires, is dismissed, is suspended or enters
active military service and shall obtain all Police Department property
and all unlicensed pistols and revolvers from among the effects of
a member who dies. Said firearms are to be held for safekeeping pending
proper licensing (§ 265.20, Subdivision 3, of the Penal
Law).
(14)
Divide into posts the territory within the police jurisdiction of
the Town. A post shall be designated as indicated:
(a)
A patrol post includes the public thoroughfares within the boundaries
of the post. It does not include the interior of buildings, except
as otherwise specified.
(b)
A traffic post includes the portion of the public thoroughfare
necessarily included in the regulation of vehicular and pedestrian
traffic.
(c)
A hospital post shall include that portion of the hospital in
which a prisoner or prisoners are confined under police jurisdiction.
(15)
Issue written and verbal orders and SOP's to attain Department
goals.
(16)
When a serious crime is committed or a serious accident occurs under
circumstances which indicate that the member of the force on post
might have prevented it, cause an investigation to be made, and if
the investigation reveals facts that indicate neglect or inattention
to duty, he shall prefer charges against the member.
(17)
Establish duty charts which best serve the operations and most effectively
discharge the responsibilities of the Department. Such charts have
the force and effect of rules and regulations when authenticated with
the original signature of the Chief of Police or his designate.
(18)
Evaluate programs.
(19)
Draft specifications for equipment, uniform and insignia; prescribe
uniform, equipment and insignia to be worn by Department members;
and approve requisitions for purchases of the same.
(20)
Develop plans to meet Department needs.
(21)
Control Department expenditures.
(22)
Maintain suitable relations with mass communications media.
(23)
Cooperate with all law enforcement agencies and officers in matters
of mutual interest.
(24)
Provide leadership and guidance in developing loyalty and dedication
to the police profession.
(25)
Train, direct, supervise and evaluate members in their assigned duties
and recommend remedial or disciplinary action for inefficient, incompetent
or unsuitable members.
(26)
Sustain a member of his command who is properly performing his duty.
(27)
Correct subordinates in a dignified and, if possible, private manner.
(28)
Ensure the security, welfare and care of prisoners and sick, injured
or unconscious persons and obtain medical care when needed.
(29)
Deal fairly and equitably with subordinates.
(30)
Conduct formal parades and roll calls in a professional manner.
(31)
At all times conduct himself in a manner which will provide leadership
and guidance to the members of his Department and enhance the public
image of police in general.
(32)
Prepare the vacation list for the year by the first of January.
C.
The Chief of Police may excuse for one tour of patrol duty a member
of the Department who performs any exceptional act or deed of particular
merit which, in his opinion, deserved recognition, provided that the
exigencies of the service permit. A brief but comprehensive report
of the act or deed for which he rewards such member shall be forwarded
to the Police and Safety Committee, and he shall file a copy in the
member's service record.
D.
The Chief of Police may, in his discretion, suspend from duty any
member or employee of the Department for any violation of the rules
and regulations or for any insubordination.
A.
General duties. Within the boundaries of the Town,
the Deputy Chief of Police shall be charged with and responsible for:
B.
Specific duties. The Deputy Chief shall:
(1)
Be responsible to and under the supervision of the
Chief of Police.
(2)
Have such hours of duty as the Chief of Police may
prescribe.
(3)
Be acquainted with and enforce all laws of the State
of New York and the ordinances of the Town that the Police Department
is charged with the responsibility of enforcing.
(4)
Familiarize himself with administrative policy and
be responsible for the enforcement of all Department orders and the
rules and regulations; and he shall maintain discipline and efficiency
in every branch of the Department.
(5)
Investigate thoroughly during his tour of duty any
complaints of misconduct of laxity made against any member of the
Department and submit a written report without delay to the Chief
of Police.
(6)
Require the accurate preparation, maintenance and
forwarding of reports and records by Department members.
(7)
At intervals, patrol the Town in a radio-equipped
vehicle, observing, inspecting and supervising the performance of
duty by subordinates assigned to patrol. During such patrol, he shall
maintain radio contact with the radio dispatcher.
(8)
In the event of a serious emergency (extensive fire,
explosion, heavy snow, plane crash, major hold-up, etc.) during his
tour of duty, immediately exercise his command function in the disposition
of men and equipment. He shall immediately cause the Chief of Police
to be notified and those Town departments whose operations would be
affected by such emergency.
(9)
Deal fairly and equitably with subordinates.
(10)
When in uniform, maintain a professional bearing and
render professional courtesy to ranking officers.
(11)
Be subject to any other duties assigned by the Chief
of Police.
A.
General duties. A supervisor will be responsible for
the enforcement of all laws and ordinances, Department rules and regulations,
orders, procedures, discipline, punctuality and attendance, appearance,
good order and efficiency of members within his assigned jurisdiction.
B.
Specific duties. A supervisory member will:
(1)
Perform specific duties and functions as assigned
by his commanding officers.
(2)
Obey all lawful orders.
(3)
Perform assigned tasks.
(4)
Provide leadership and guidance in developing loyalty
and dedication to the police profession.
(5)
Train, direct, supervise and evaluate members in their
assigned duties and recommend remedial or disciplinary action for
inefficient, incompetent or unsuitable members.
(6)
Communicate orders, information and instructions.
(7)
Inform his relief of all necessary police matters.
(8)
Be present at prescribed roll calls.
(9)
At established intervals, inspect personnel, vehicles
and equipment.
(10)
Report to his commanding officer absentees and any
deficiencies in men and equipment.
(11)
Ensure that Department resources are used effectively.
(12)
Ensure that recovered property is handled in accordance
with Department orders.
(13)
Account for all moneys and valuables received, processed
and disbursed in conformance with Department orders.
(14)
Inquire into the circumstances of all arrests to assure
that all persons are handled in conformance with Department orders.
(15)
Know and conform to the current bail provisions of
the Criminal Procedure Law, State of New York.
(16)
Report promptly matters of police importance to his
commanding officer.
(17)
Ensure that all appropriate Town departments are informed
of emergencies which require their attention.
(18)
Direct activities of subordinate members for the purpose
of achieving the objectives of the Police Department.
(19)
Perform those duties of the members of the force that
are applicable to him.
(20)
When in uniform, maintain a professional bearing and
render professional courtesy to ranking officers.
(21)
Assemble and remove details and parades in a professional
manner.
(22)
Receive, during his tour of duty, any complaint of
misconduct or laxity made against any member of the Department and
submit a written report, without delay, to the Chief and/or Deputy
Chief of Police.
(23)
At all occurrences of a serious nature, respond to
the scene and take command.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
General duties. A member of the force will be responsible at all
times for the prevention of crime, enforcement of all laws, ordinances,
preservation of the public peace, protection of life and property,
arrest and prosecution of law violators and professional adherence
to Department rules and regulations.
B.
Specific duties. A member of the force will:
(1)
Know and conform to Department rules and regulations, orders and
procedures.
(2)
Perform assigned duties in a professional manner.
(3)
Obey all lawful orders.
(4)
Be in attendance for those hours specifically assigned and will be
considered on duty at all times for the purpose of rendering emergency
police service, as prescribed by Criminal Procedure Law of New York.
(5)
Participate in formal parades and roll calls in a professional manner.
(6)
When in uniform, maintain a professional bearing and render professional
courtesy to superior officers and subordinates.
(7)
Treat superior officers, subordinates and associates with respect.
They shall be courteous and civil at all times with their relationship
with one another. When on duty, and particularly in the presence of
other members, employees or the public, officers will be referred
to by rank.
(8)
Identify self by Department rank and name when answering Department
telephones and at other times when so requested.
(9)
Have a residence as provided in the laws of the State of New York
and the Town of Niskayuna resolutions and local laws.
(10)
Report immediately any incapacity or inability to perform Department
duties in the manner prescribed by the rules and regulations.
(11)
Report any change of personal status.
(a)
Members who change their address or telephone number shall notify
the desk officer on the day the change is effective. Every member
shall have a telephone at his residence address.
(b)
Members who have a change in their personal status shall report
such changes in writing to the Chief. Such changes include marital
status, death or birth in the immediate family, change in identity
or address of person to be notified in case of an emergency.
(c)
Members shall not have personal mail addressed to them at headquarters
and shall encourage their correspondents to address them at their
residences.
(d)
Members shall not undertake any financial obligations which
they know or should know that they will be unable to meet and shall
pay all just debts when due. An isolated instance of financial irresponsibility
will not be grounds for discipline except in unusually severe cases.
However, repeated instances of financial difficulty may be cause for
disciplinary action. Filing for a voluntary bankruptcy petition shall
not by itself be cause for discipline. Financial difficulties stemming
from unforeseen medical expenses or personal disaster shall not be
cause for discipline, provided that a good faith effort to settle
all accounts is being undertaken. Officers shall not cosign a note
for any superior officer.
(e)
Members who institute a civil action that might in any way involve
the Department or any member of the force shall notify the Chief,
in writing, of their actions and the nature of the litigation without
delay. A member shall not institute a civil action arising out of
an incident occurring in the line of duty without first notifying
the Chief in writing of such intent.
(12)
Receive, record and service as soon as possible all complaints
and requests for service and refer and transfer complaints and requests
only in accordance with Department orders.
(13)
Possess a valid State of New York operator's or chauffeur's
license. If suspended or revoked, the member shall immediately report
the same to the Chief of Police.
(14)
Remain on his duty assignment and leave only for a police or
personal necessity. If required to leave, he will record the time
of departure and the reason and report this information to the desk
officer and should receive permission prior to leaving his post.
(15)
Provide security and care for prisoners and others delivered
to his custody.
(16)
Search all prisoners as necessary and particularly before transportation
in Department vehicles.
(17)
Have a female member of the Department conduct a body search
of female prisoners.
(18)
Help secure medical attention for all sick and injured persons.
(21)
Submit leave requests in conformance with Department SOP.
(22)
Give a minimum of two weeks' notice of intention to resign
from the Department.
(23)
Wear the regulation uniform in the prescribed manner when assigned
to uniform duty.
(24)
Report immediately the loss or damage of any Departmental equipment.
(25)
Notify the Fire Department when a fire is discovered and assist
and cooperate with the Fire Department.
(26)
Attend court promptly when required or ordered.
(27)
Report the reason for court absence or tardiness to the Chief
of Police.
(28)
Appear in court in the regulation uniform or civilian dress
and then in suitable attire consisting of shirt, tie, suit or slacks
and sport coat.
(29)
When subpoenaed or requested to testify in behalf of the defense
in any criminal prosecution or in behalf of the plaintiff or defendant
in a civil matter in which the Town, county or state is a party thereto,
report immediately the receipt of such subpoena or request to the
Chief of Police before appearing at any hearing or before entering
into any discussion of the matter with anyone other than the legal
representatives of the Town, county or state.
(30)
Report to the Chief of Police any information of a police nature,
including offenses allegedly involving himself or others and offenses
with which he has been charged, except minor traffic offenses.
(31)
Give evidence before the Grand Jury, court or other governmental
administrative bodies and the Police and Safety Committee when requested.
(32)
Investigate any person suspected of operating a motor vehicle
while in an intoxicated condition and/or under the influence of drugs
and supervise the administration of a chemical test to said person
in accordance with the procedure prescribed by the Police Department.
(33)
Obey the laws and ordinances which he is obligated to enforce.
(34)
Not compound any offense against persons nor withdraw nor reduce
any complaint or traffic summons unless permitted to do so by the
Chief or Deputy Chief.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
Patrol officers shall be under the direction and command of and shall
be responsible to the member of the force designated as officer in
charge of the Patrol Division by the Chief of Police.
B.
Patrol officers shall be responsible for the diligent and conscientious
performance of the duties imposed upon them by law, by the rules and
regulations of the Department and the lawful orders of their superior
officers.
C.
Patrol officers, unless otherwise directed, shall constantly and
alertly patrol their areas, giving particular attention to those locations
most vulnerable to the commission of crime.
D.
Patrol officers shall thoroughly acquaint themselves with their assigned
area of patrol and do all in their power to prevent any breach of
the peace or violation of law.
E.
Patrol officers shall familiarize themselves with the location of
all police, fire and other communication facilities in the Town.
F.
Patrol officers shall periodically check the security of the business
places on their posts after closing hours.
G.
Patrol officers shall continually inspect their patrol areas carefully,
noting any condition requiring police attention, and shall take whatever
action is necessary in the situation.
H.
Frequent occurrence of crime on any post may indicate lack of ability
or attention to duty by the officer assigned and shall be the subject
of review and possible disciplinary action, if substantiated.
I.
Patrol officers shall make a memorandum of current complaints and
all matters of police interest relating to their posts and give proper
attention to the same.
J.
Patrol officers shall keep a memorandum of all occurrences or information
received which may be of interest to any branch of the Department
or other agency or upon which he may be required to report and promptly
transmit the same.
K.
Patrol officers shall give particular attention to premises where
liquor, vice or gambling laws may be violated and shall do all in
their power to prevent such activity. They shall promptly report their
observations and action taken to their ranking officer.
L.
Patrol officers shall carefully observe conditions which could lead
to the development of crime or criminal opportunities, take such preventive
action as the condition may indicate and report their observations,
actions or recommendations to their ranking officers.
M.
Patrol officers shall give particular attention to streets of heavy
traffic, signalized intersections and traffic control signs. The responsibility
of the patrol officers in the enforcement of traffic violations is
as great as in the enforcement of other laws. Members failing to take
appropriate action upon view of a traffic violation are subject to
the disciplinary action as for any other neglect of duty.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
The Detective Division shall be under the direct command of the member
of the force designated as commanding officer of the Detective Division
by the Chief of Police.
B.
The Detective Division shall be composed of such number of officers
and of such rank as may be assigned to it by the Chief of Police.
C.
Members of the Detective Division shall work such hours, perform
such duties and submit such reports as may be required of them by
orders of their commanding officer and by the rules and orders of
the Department.
D.
Detectives shall continue the crime investigations that are initiated
by the Patrol Division and shall assist the members of the Patrol
Division in their preliminary investigations.
E.
Detectives shall dress in civilian clothes, consisting of suit, sport
coat and slacks and shirt and tie, unless directed otherwise by their
commanding officer.
F.
Detectives shall have in readiness at all times an approved regulation
uniform and shall appear in the same at Department inspections and
on such other occasions as may be required of them by the Chief of
Police, unless excused for good reasons.
G.
Detectives shall, unless otherwise directed, serve all warrants and
legal papers and execute the required returns.
H.
The Detective Division shall follow up all complaints and cases assigned
to it. They shall interview complainants without delay and obtain
all pertinent information. Unless a case has been officially closed,
they shall consult the complainant from time to time.
I.
Detectives shall be responsible for the maintenance, care and accuracy
of all identification records required to be kept by the Division.
J.
They shall be responsible for the prompt filing of information relating
to the descriptions of persons arrested, photographed and fingerprinted
in the records maintained for such purpose by the Department.
K.
They shall have photographed and fingerprinted, in conformity with
the law, all persons brought to them for that purpose. They shall
see to it that photographs are promptly made and forwarded to the
proper designations and that copies of such persons' fingerprints
are processed in accordance with law.
L.
Photos, fingerprints and other files maintained by the Division are
for the official use of the Department and shall not be exhibited
to any unauthorized person.
M.
No records or legal papers served or maintained by the Division shall
be destroyed, altered or removed, except in compliance with the law
and Departmental procedures.
N.
The Detective Division shall assist in returning offenders to requesting
jurisdictions and shall maintain proper relations with outside law
enforcement agencies by assisting in the apprehension of offenders
and by providing them with criminal records and other information
useful to them.
O.
At the scene of criminal investigation, unless otherwise directed
by the Chief or Deputy Chief, the commanding officer of the Detective
Division shall be in charge. In his absence, the ranking member of
the Detective Division shall be in charge and, together with the ranking
supervisory officer, shall coordinate and direct the activities of
the members of the Detective Division and uniform force.
P.
The commanding officer of the Detective Division shall confer with
the commanding officer of the patrol force on all cases of importance
occurring within the jurisdiction of the Department.
Q.
Detectives shall request any needed assistance from the Uniformed
Patrol Division through the ranking officer of that Division then
on duty.
R.
The Detective Division will be the custodian of all evidence. Said
evidence shall be stored at the police station in the place prescribed
as evidence storage and in no other location.
A.
Command is exercised by virtue of office or special
assignment of officers who are eligible by law to exercise command.
Subject to direction from higher command, a commanding officer has
direct control over all members and employees within his command.
B.
When officers of equal rank are present and in the
performance of the same operation, the senior ranking officer shall
be in command unless otherwise directed.
C.
A member who succeeds to any command or duty stands
in regard to his duties in the same situation as his predecessor.
The member relieved shall turn over to his successor all orders relating
to that position in force at the time and all funds and properties
pertaining to it. He shall receive, upon request, receipts showing
the condition of each article so transmitted.
D.
An officer relieving or temporarily filling the position
of a superior, in an acting capacity, shall be vested with all the
authority and responsibilities of the superior, but the acting officer
shall not interfere with, countermand or modify the orders previously
issued by the superior, except in extreme emergency.
E.
Members acting in the capacity of a higher rank shall
be accorded the same obedience and respect as the permanent ranking
officer.
F.
Should an order conflict with any previous order issued
by any other ranking officer or with any department or provision of
the Department rules and regulations, the member to whom such order
is issued shall respectfully call attention to the conflict; responsibility
for countermanding the original order then rests with the individual
issuing the second order. If so directed, the latter command shall
be obeyed.
G.
Issuance of orders to a subordinate does not relieve
a ranking officer from the responsibility to see that the orders are
obeyed.
H.
Ranking officers shall not perform the duties regularly
assigned to a subordinate when the subordinate is available to perform
them.
I.
Adherence to the chain of command shall not be bypassed
except in an emergency.
J.
A ranking officer may exercise command over subordinates
not of his regular command whenever, in his judgment, such action
is necessary in order not to jeopardize the police purpose or the
reputation of the Department.
K.
Ranking officers in command of the various branches
of the Department shall establish methods, techniques and procedures
best suited for the accomplishment of the functional objectives of
their particular bureaus. Such procedures and techniques shall be
subject to the approval of the Chief of Police and shall not be in
conflict with the law or any rule or order of the Department.
L.
Whenever authority is delegated to a member of the
Department, he shall be held accountable for the proper use of such
authority.
M.
In order to maintain a proper chain of command, a
member will, as a general rule, be required to take direct orders
from and be responsible to one ranking officer. Ranking officers,
however, shall exercise direct command over lower ranks outside their
usual command in all situations where the police purpose or the reputation
of the Department is jeopardized or if no other provision is made
for personnel temporarily unsupervised. If a ranking officer requires
a subordinate not of his command to leave a regular assignment, the
ranking officer so directing will inform the subordinate's superior
as soon as possible.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
A member of the Department shall not violate, either by commission
or omission, any of the following acts:
(1)
Conduct which brings discredit upon the Department by:
(a)
Failure to perform a duty.
(b)
Disobedience of an order.
(c)
Insubordination or disrespect toward a superior officer.
(d)
Lounging or sleeping on duty.
(e)
Being tardy in reporting for his tour of duty or assigned post.
(f)
Being absent from duty without proper authorization.
(g)
Leaving duty assignment without being properly relieved or without
proper authorization.
(h)
Incompetency or inefficiency in performance of duty.
(i)
Entering any tavern, liquor store or bar in uniform or any part
thereof, except when it is necessary for inspection, meals or for
the immediate performance of a police duty. The Chief shall have the
authority to rule a premises off limits for the purpose of meals.
(j)
Drinking alcoholic beverages while on duty. Members in plain
clothes may drink alcoholic beverages while on duty only when necessary
to accomplish a police purpose while acting under specific orders
of a superior officer.
(k)
Not keeping themselves mentally and physically fit at all times
and shall not suffer illness or injury by reason of neglect, improper
conduct, bad habits or the use of intoxicants.
[1]
Members shall not use anything intoxicating before coming on
duty. Members shall not use intoxicants in a public place or in the
public view while on duty. Members shall not use intoxicants to excess
at any time. Members determined to be intoxicated while on duty, or
off duty in uniform, shall be taken without delay to the officer in
charge. Members who are intoxicated on duty may be relieved from duty.
[2]
Members reporting for duty who are not ready, able and willing
to perform their duties shall be relieved from duty.
[3]
Members shall not at any time knowingly use any narcotics or
habit-forming drug, except for medically approved purposes, and only
then by direction of medical authority.
[4]
Members shall not feign or simulate illness or disability.
[5]
Members under the care of a doctor shall comply with his instructions.
[6]
Officers, while off duty, shall refrain from consuming intoxicating
beverages to the extent that it results in impairment, intoxication
or obnoxious or offensive behavior which would discredit them or the
Department or render the officers unfit for their next regular tour
of duty.
(l)
Violation of any duly constituted law.
(m)
Disorderly conduct.
(n)
Failure to maintain a level of moral conduct in their personal
and business affairs which is in keeping with the highest standards
of the law enforcement profession. Officers shall not participate
in any incident involving moral turpitude which impairs their ability
to perform as a law enforcement officer or cause the Department to
be brought into disrepute.
(o)
Using coarse, profane or insolent language to any person while
on duty or while in uniform.
(p)
Failure to treat any person civilly and respectfully.
(q)
Willful maltreatment of any person, including unnecessary physical
force.
(r)
Knowingly make a false report or statement, written or oral.
(s)
Failure to wear the regulation uniform when on duty or on official
business unless otherwise authorized by the Chief of Police.
(t)
Failure to maintain a neat and clean appearance of self, uniform
and equipment. Personnel shall comply with the following standards
unless excluded by the Chief of Police:
[1]
Male officers.
[a]
Haircuts. While on duty, hair shall be neatly cut
and trimmed at all times. Hair at the neck line shall not extend lower
than the top of the shirt collar when standing with the head at a
normal posture and shall not extend over the ears.
[b]
Sideburns. Sideburns shall not extend below the
ear and shall be trimmed level. The width of the bottom of the sideburn
shall not exceed the width of the sideburn by more than 1/4 inch.
[c]
Mustaches. A short, neatly trimmed mustache may
be worn. Said mustache shall not extend over the top of the upper
lip or beyond the corners of the mouth. Mustaches may not be waxed,
and ones of the handlebar variety are prohibited.
[d]
Beards and goatees. Personnel shall be clean shaven
when reporting for duty. Beards, goatees, etc., shall not be worn
while on duty.
[2]
Female officers.
[a]
Hair must be clean, neat and combed. Hair shall
not be worn longer than the top of the shirt collar at the back of
the neck when standing with the head in a normal posture. The bulk
or length of the hair shall not interfere with the normal wearing
of all standard head gear.
[b]
Wigs or hairpieces are permitted if they conform
to the above standards for natural hair.
(u)
The use of any tobacco or chewing gum while in uniform in public,
except while on meal period or authorized break.
(v)
Receiving or attempting to receive a fee, gift, present or other
thing of value from a person under arrest or from someone else on
behalf of the arrested person.
(w)
Receiving, soliciting or attempting to solicit a bribe in any
form or failing to report an offer of bribery immediately to the officer
in charge, followed by a written report.
(x)
Publicly criticizing the official actions of a Department member.
(y)
Disseminating or releasing any information contained in a Department
record, except in conformance with Department orders.
(z)
Failure to identify self by name, rank and shield number when
requested.
(aa)
Failure to seize, record, process and dispose of recovered or
prisoner's property in conformance with Department order and
procedure.
(bb)
Failure to notify a superior officer that a member of the Department
is violating a rule or order of the Department.
(cc)
Deliberate violation of Civil Service Laws or regulations pertaining
to police management and control.
(dd)
Possessing or transporting when on duty or on Department property
any intoxicating liquor, dangerous drugs or narcotics, except when
in performance of police duty or when authorized by competent medical
authority. In the latter instance, the Chief of Police will be notified
in writing of the need for such prescription by the member concerned.
(ee)
Defacing or neglecting to protect and preserve Department property.
(ff)
Failure to obey Department orders concerning other employment,
occupations or professions.
(gg)
Engaging directly or indirectly in the forbidden ownership,
maintenance or operation of a taxicab, tavern or retail liquor establishment.
(hh)
Allowing the publication of any photograph of oneself in the
regulation uniform which advertises any commodity or commercial enterprise
without the permission of the Chief of Police.
(ii)
Communicating or corresponding with other police agencies or
individuals concerning police matters, except as provided by Departmental
procedures.
(jj)
Participating in or contributing to any partisan political activity
or campaign.
(kk)
Permitting any person not on official business to ride in a
Department vehicle unless specifically authorized by the officer in
charge.
(ll)
Riding in or on a non-Department vehicle during duty hours,
except when in pursuit of official police business.
(mm)
Operating a Department vehicle out of the Town, except in immediate
pursuit of law violators, patrol functions or when on official police
business authorized or directed by the officer in charge.
(nn)
Operating a Department vehicle without proper authorization
or on other than official police business.
(oo)
Starting, pushing or towing any vehicle with a Department vehicle,
except as authorized by the officer in charge.
(pp)
Altering any Department equipment in any way, except as authorized
by the Chief of Police, or failing to exercise due care in the safeguard
of said equipment.
(qq)
Carrying any rifle, shotgun, machine gun, gas gun or substituting
for the regulation service firearm any weapon not authorized by the
Chief of Police or adding a concealed auxiliary handgun while on duty
not authorized by the Chief of Police.
(rr)
Unlawful or unnecessary use or display or a weapon.
(tt)
Selling, giving, lending or disposing of a dangerous weapon
contrary to the Penal Law of the State of New York, rules and regulations
of the Department and the Federal Firearms Act.
(uu)
Giving an opinion as to fine or penalty to a violator or suspect.
(vv)
Giving an opinion as to bail, except by those specifically authorized
to admit to bail.
(ww)
Failure to take, record and act upon complaints, except as prescribed
by Department orders.
(xx)
Removing, altering or changing any official Department record
or order, except as provided for in Department regulations.
(yy)
Issuing any device which purports to grant special privileges
to the holder.
(zz)
Displaying in any manner non-Departmental or Departmental posters
or pictures in or on any Department property or equipment, except
in conformance with Department regulations.
(aaa)
Obligating the Department financially in any manner, except
as authorized by the Chief of Police.
(bbb)
Recommending to any citizen any bondsman, lawyer, undertaker,
physician, hospital, towing or repair service or other professional
or commercial services.
(ccc)
Failure to report any information of a police nature in conformance
with Department orders and rules and regulations.
(ddd)
Failure to obtain official permission to participate in public
discussions of police or Department business, except as provided in
Department orders or with permission of the Chief of Police.
(eee)
Associating or fraternizing with known criminals or persons
of ill repute, except in the immediate discharge of official duties
or with authorization of the Chief of Police.
(fff)
Soliciting or accepting a gift, present, reward, gratuity or
other thing of value for any service rendered as a Department member,
excluding gifts received from relatives or close friends upon appropriate
occasions, without the consent in writing of the Chief of Police.
(ggg)
Seeking or soliciting contributions of any kind from anyone,
by any means or for any purpose, under any circumstances, including
collections or charitable purposes by any member, group of members
or their agent, while in Department uniform and/or on duty, except
as specifically authorized by the Chief of Police.
(hhh)
Accepting any food or beverage or other valuable consideration
without cost or at reduced cost at any time because of his official
position as a member of the Department.
(iii)
Receiving any gift, present or gratuity from any subordinate.
(jjj)
Giving any gift, present or gratuity to another Department member
or a member of his family without the specific approval of the Chief
of Police, excluding donations given in honor of retirement or to
hospitalized or deceased members, provided that approval of the Chief
of Police is obtained for the donations. Party, dinner and entertainment
fees will be paid for individually by persons attending without prior
collections through Department channels.
(kkk)
Failure to submit a written report that he is under investigation
by another law enforcement agency to the Chief of Police within 24
hours of becoming aware of such investigation.
(lll)
Participation by Department members or urging the participation
by other members in any strike, slow-down or other concerted action
which is in any degree adverse to the maintenance of the public safety,
welfare or Department function.
(mmm)
Affiliation with any organization or body, the constitution
or regulations of which would in any way exact prior consideration
and prevent him from performing his Departmental duties. However,
membership in any union or other organization in connection with and
relating solely to approved secondary employment of members of the
Department and required membership in military reserve units are specifically
excepted from this regulation.
(2)
No member of the Department may seek the influence or intervention
of any person outside the Department for the purpose of personal preference,
advantage, transfer or advancement.
(3)
No member of the force, unless authorized by the Chief of Police,
shall possess keys to any premises not his own on or near his beat
or patrol area, while on duty.
(4)
No member of the Department shall play games of cards or chance in
a Department building or engage in illegal gambling anywhere.
(5)
Failure to operate Department vehicles safely and in accordance with
procedure set forth in Department regulations, general orders and
standard operating procedures.
B.
A member violating any of the provisions of this section shall be
subject to disciplinary action as provided by law.
[Amended 5-24-2022 by L.L. No. 4-2022]
All members of the Police Department shall be subject to the
rules and regulations. Members of the Department are not merely employees
but are officers of this state and Town charged with specific duties
in maintaining public order and administering justice. Therefore,
every member's sole responsibility must be to the Chief of Police,
and through him to the public.
A.
It is the duty of the Police Department and the members of the force,
at all times of the day and night, to protect life and property, prevent
crime, detect and arrest offenders, preserve the public peace and
enforce all laws and ordinances over which the Police Department has
jurisdiction.
B.
A member of the force regularly performing patrol duty shall proceed
to his designated post or relieving point without unnecessary delay,
inspect his post immediately, remain constantly alert and observant,
note any condition thereon requiring police attention and take appropriate
action. A member of the force is charged with the enforcement of all
laws and ordinances and also with the proper condition and maintenance
of departmental equipment, traffic control equipment of all types,
streetlights and public highway, curb and sidewalk conditions within
the boundaries of the post of which he is assigned. He shall promptly
report through official channels any condition requiring attention
and shall provide safeguards when necessary.
C.
A member of the Department shall be fit for duty and subject to duty
at all times, except when on sick leave. He shall not engage in any
other occupation, except when suspended from duty without pay or when,
having filed his application for retirement, he is on continuous vacation
or other authorized leave or, when having made application on the
prescribed form, he has been granted a work permit by the Chief of
Police.
(1)
A member of the Department shall not work in any spare-time or off-duty
employment or engage in business without first making written application
to the Chief of Police for approval. Approval may be denied or removed
when it appears that the outside employment might:
(a)
Render the officer unavailable during an emergency;
(b)
Physically or mentally exhaust the officer to the point that
his performance may be affected;
(c)
Require that any special consideration be given to scheduling
of officer's regular duty hours;
(d)
Bring the Department into disrepute or impair the operation
or efficiency of the Department or officer; or
(e)
Require the officer to work more than 20 hours per week. An
exception to this subsection may be made when a member of the Department
is on vacation.
(2)
Members of the Department are prohibited from engaging in any business
or the undertaking of any employment which would place them in the
position of being:
(3)
Members of the Department are prohibited from engaging in off-duty
employment for any type of remuneration while carried officially in
a sick leave status.
D.
Members of the Department shall be held strictly accountable for
all information acquired by them, on or off duty, regarding all suspicious
persons or places within the Town.
E.
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 shall he impart
information relating to the official business of the Department to
anyone, except under due process of law and as directed, or with the
permission of the Chief of Police.
F.
Firearms.
(1)
The indiscriminate and careless use of firearms is strictly prohibited.
(2)
The following rules for the proper use of firearms will be adhered
to:
(a)
Unauthorized use of firearms will be cause for disciplinary
action.
(b)
No officer shall fire so-called "warning shots."
(c)
Dry-firing or snapping the action of a firearm is forbidden
in or on any Departmental premises, except when authorized during
a firearms training program.
(d)
No officer shall fire at a vehicle, conveyance or structure
when the identity of the occupants is not known to him, except in
defense of himself or others as permitted by law.
(e)
The responsibility for any use of a firearm shall be borne by
the officer who fires the weapon.
(f)
Officers shall discharge firearms only in self-defense or in
defense of the life of another and always only to the extent permitted
by law. Firearms shall be fired only when their use is permitted by
the Department rules and regulations, in accordance with the provisions
of the New York State Penal Law, Criminal Procedure Law and Agriculture
and Markets Law dealing with the destruction of animals.
(h)
Only an officially approved firearm shall be carried on duty.
(i)
Members shall be responsible for the security of their Department
firearms at all times and shall not allow them to be handled or fired
by persons not members of the Department.
(j)
While on duty, members shall wear their sidearms in the prescribed
manner.
(k)
Members shall report the loss or theft of a firearm capable
of being concealed on the person or the discharge of their weapon
in accordance with the provisions of § 37-15A(49).
G.
Members of the Department may be required, as part of an investigation,
to submit physical evidence such as fingerprints, hair samples, blood
typing, dental casts, photographs, line-ups and voice stress or polygraphic
testing. The obtaining of such evidence shall be subject to constitutional
safeguards.
H.
Members suspended for any period will return their badges, identification
cards, cap plates and firearms to the Chief and, during the period
of suspension, shall not wear any article of uniform or carry any
uniform equipment.
I.
Members of the department will maintain a copy of the Niskayuna Police
Rules, SOP's and special/general orders in a current status,
subject to inspection by the Chief or his designate, and said rules
and regulations, SOP's and special/general orders will be reviewed
annually for updating.
J.
Disorder or neglect to the prejudice of good order, efficiency or
discipline, though not specifically mentioned in the rules and regulations,
shall be taken cognizance of by the Department, and members of the
Department found guilty thereof will be punished at the discretion
of the Chief of Police or the Town Board.
K.
A member of the Department found guilty of violating a rule or regulation
of the Department or of the provisions of any order or orders or of
disobedience or orders or of conduct unbecoming an officer or of making
a false official communication, record or statement or a member of
the Department convicted in a court having criminal jurisdiction may
be dismissed from the Department or suffer such other punishment as
the Chief of Police or Town Board may direct.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
Discipline. "Discipline" is defined in both a positive
and negative context. Positively, it is training or counseling to
improve members' of the Department performances and encourage their
voluntary conformance to an established standard of conduct. Negatively,
it is to impose sanctions upon those members of the Department who
do not perform their duties in accordance with said standards of conduct.
B.
Training. Failure of an officer to perform his duties
as required may be due to a lack of knowledge of his assigned tasks.
Constant training and retraining, both on a formal and informal basis,
will tend to minimize substandard performances.
C.
Counseling. A member of the Department may be counseled
by a superior to help him improve his job performance. This counseling
will be followed by a memorandum. One copy of the memorandum shall
be given to the member counseled, and one copy shall be put into the
member's personnel file.
D.
Sanctions. Alleged violations by a member of the Department
are investigated under the direction of the Chief of Police or his
designate.
(1)
Command punishment.
(a)
Command punishment will be at the discretion
of the Chief or his designate; a determination of guilt or innocence
will be made and punishment of:
(b)
The accused member of the Department will then
have the option of either accepting or declining command punishment.
In the event that the member declines, proceedings may then be instituted
under § 75 or 76 of the Civil Service Law.
(2)
Section 75 or 76 of the New York State Civil Service
Law: Formal charge and specification are prepared by the Chief of
Police or his designate and presented to the Niskayuna Town Board
for a hearing and determination as provided by the Civil Service Law
of the State of New York. Penalties under this section may consist
of:
E.
Dismissal of a member of the Department by the Town
Board is warranted for incompetent, inept or inefficient performance
of duty. Repeated disciplinary actions, even for minor infractions,
will be considered prima facie evidence of unsuitability for police
service.
