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a. Promotions of officers and members of the force shall be made by the commissioner, as provided in section eight hundred seventeen of the charter, on the basis of seniority, meritorious service and superior capacity, as shown by competitive examination, but a detail to act as inspector, or to service in the detective bureau, as hereinafter provided, shall not be deemed a promotion. Individual acts of personal bravery or honorable service in the United States army, navy, marine corps or army nurse corps in times of war may be treated as an element of meritorious service in such examination, the relative rating therefor to be fixed by the commissioner of citywide administrative services. The police commissioner shall transmit to the commissioner of citywide administrative services in advance of such examination the complete record of each candidate for promotion.
b. Sergeants shall be selected from among police officers of the first grade. Lieutenants shall be selected from among sergeants who shall have served at least one year continuously as such. Captains shall be selected from among lieutenants who shall have served at least one year as lieutenants.
c. The commissioner shall, in the exercise of his or her discretion, from time to time, detail nineteen captains and so many others as the mayor may authorize upon the recommendation of the commissioner to act as inspectors, with the title, while so acting, of inspectors of police and at his or her pleasure may revoke any or all such details. While so detailed, such officers shall receive a salary to be fixed by the mayor, in addition to the amount of salary which regularly attaches to the office of captain. When a captain shall have acted under regular detail in any capacity above the rank of captain, during a period or periods aggregating two years, such officer, upon becoming eligible therefor, shall be entitled to a pension of not less than one-half of the salary received by him or her per year. When the commissioner, however, designates a captain to act in the place of a captain under regular detail as inspector, during the temporary absence or disability of the latter the officer so designated shall not be entitled to any additional salary, and the period of such designation shall not be counted in his or her favor in computing such two-year period. When a captain shall have served in the rank of captain for a period of fifteen years, he or she shall have the same rights in respect to the police pension fund as a captain detailed to act as deputy chief who shall have served as such for a period of time aggregating two years. A captain who shall have served as such less than fifteen years and more than ten years shall have the same rights in respect to the police pension fund as a captain detailed to act as inspector who shall have served as such for a period of time aggregating two years. A captain who shall have served as such less than ten years and more than five years shall have the same rights in respect to such police pension fund as a captain detailed to act as a deputy inspector who shall have served as such for a period of time aggregating two years. A period beginning March thirtieth, nineteen hundred sixty-five, and ending November thirtieth, nineteen hundred sixty-six, during which a captain shall have served as a provisional captain immediately prior to a permanent promotion to such rank shall be deemed to have been service as a permanent captain for the purposes of this section. A captain, while detailed to act as inspector, shall be chargeable with and responsible for the discipline and efficiency of the force under his or her command.
(2015 N.Y. Laws Ch. 552, 12/11/2015, eff. 12/11/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
a. The commissioner shall have power, in his or her discretion, on conviction by the commissioner, or by any court or officer of competent jurisdiction, of a member of the force of any criminal offense, or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct or conduct unbecoming an officer, or any breach of discipline, to punish the offending party by reprimand, forfeiting and withholding pay for a specified time, suspension, without pay during such suspension, or by dismissal from the force; but no more than thirty days' salary shall be forfeited or deducted for any offense. All such forfeitures shall be paid forthwith into the police pension fund.
b. Members of the force, except as elsewhere provided herein, shall be fined, reprimanded, removed, suspended or dismissed from the force only on written charges made or preferred against them, after such charges have been examined, heard and investigated by the commissioner or one of his or her deputies upon such reasonable notice to the member or members charged, and in such manner or procedure, practice, examination and investigation as such commissioner may, by rules and regulations, from time to time prescribe.
c. The commissioner is also authorized and empowered in his or her discretion, to deduct and withhold salary from any member or members of the force, for or on account of absence for any cause without leave, lost time, sickness or other disability, physical or mental; provided, however, that the salary so deducted and withheld shall not, except in case of absence without leave, exceed one-half thereof for the period of such absence; and provided, further, that not more than one-half pay for three days shall be deducted on account of absence caused by sickness.
d. Upon having found a member of the force guilty of the charges preferred against him or her, either upon such member's plea of guilty or after trial, the commissioner or the deputy examining, hearing and investigating the charges, in his or her discretion, may suspend judgment and place the member of the force so found guilty upon probation, for a period not exceeding one year; and the commissioner may impose punishment at any time during such period.
a. Actions or proceedings, either at law or in equity, shall be commenced or maintained against the police department, or any member thereof, or against the commissioner, or against the mayor, or against the city by any member or officer, or former member or officer of the force or department to recover or compel the payment of any salary, pay, money or compensation for or on account of any service or duty, or to recover any salary, compensation or moneys, or any part thereof forfeited, deducted or withheld for any cause, only if such action, suit or proceedings shall be commenced within two years after the cause of action shall have accrued.
b. A proceeding may be brought to procure the restoration or reinstatement to the force or department of any member or officer thereof, if such proceeding be instituted within four months after the decision or order sought to be reviewed. Such proceeding when so brought shall be placed upon the calendar by the party instituting the same for hearing by a term of the court not later than the second term after the filing of the answer or return and of service of notice of such filing upon the party instituting the proceeding. In the event of the failure of the party instituting the proceeding to place it upon the calendar, then such proceeding shall be dismissed for want of prosecution upon application therefor by the corporation counsel, unless the court for good and sufficient cause shall otherwise order.
a. Notwithstanding the provisions of section 14-117 of this title, the commissioner may employ persons to be known as school crossing guards, for such periods of time as in his or her discretion the commissioner deems advisable. Such school crossing guards shall be empowered to direct pedestrian and vehicular traffic at locations to which they may be assigned, and shall perform such other related duties as may be prescribed by the commissioner.
b. Nothing contained herein shall be construed to constitute such school crossing guards members of the police force, or to entitle them to the privileges and benefits of the members of the police force, or to become members of the police pension fund.
c. The commissioner shall have authority to promulgate rules and regulations governing the conduct of such school crossing guards. The commissioner shall prescribe the insignia or uniform to be worn by the guards while on duty.
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