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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.
a. The commissioner shall, in cooperation with the board of education, local school boards and private schools, institute a program to train persons designated by the appropriate school authority to administer the voluntary fingerprinting of New York city public and private school students in grades kindergarten through twelve and such persons to be trained shall not be police or police auxiliary personnel.
b. The program shall provide resources so that every school may offer the parents or legal guardians of a child the opportunity to have the child fingerprinted at school.
c. No child may be fingerprinted without first presenting an authorization form signed by a parent or legal guardian. Notwithstanding parental consent, any child over the age of fourteen shall also sign an authorization form, or may refuse to participate in the program.
d. Any fingerprints or other information supplied under the program shall be placed in the sole custody of the child's parents or legal guardians on the same day as supplied and no copy or record of such fingerprints shall be retained by the commissioner or the school. Upon the child attaining the age of eighteen years, said child shall be entitled to the return of his/her fingerprints from the parents or legal guardians.
a. Notwithstanding any other provision of law, the commissioner may employ persons who shall not be police officers to engage in the performance of duties involving the enforcement of laws and regulations relating to (1) the parking of vehicles and (2) the regulating, directing, controlling and restricting of the movement of vehicular and pedestrian traffic, both such duties in furtherance of the facilitation of traffic, the convenience of the public and the proper protection of human life and health.
b. Nothing contained herein shall be construed to entitle such employees to the privileges and benefits of police officers, or to become members of the police pension fund.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/058 and L.L. 2006/022.
a. It shall be the duty of the department, and of its officers and members of the force, as the commissioner shall direct, to promptly advise the department of health and mental hygiene of all threatened danger to human life and health, and of all matters thought to demand its attention, and to regularly report to the department of health and mental hygiene all violations of its rules and ordinances, and of the health laws, and all useful sanitary information.
b. It shall be the duty of the department, by and through its proper officers, members and agents, to faithfully and at the proper time enforce and execute the sanitary rules and regulations, and the orders of the department of health and mental hygiene, made pursuant to the power of the department of health and mental hygiene, upon the same being received in writing and duly authenticated.
c. In and about the execution of any order of the department of health and mental hygiene, or of the department made pursuant thereto, members of the force shall have power and authority as when obeying any order of or law applicable to the department; but for their conduct they shall be responsible to the department and not to the department of health and mental hygiene. The department of health and mental hygiene may, with the consent of the department, impose any portion of the duties of subordinates in such department upon subordinates in the department.
d. The department is authorized to employ and use the appropriate persons and means, and to make the necessary expenditures for the execution and enforcement of the rules, orders and regulations of the department of health and mental hygiene, and such expenditures, so far as the same may not be refunded or compensated by the means herein elsewhere provided, shall be paid as the other expenses of the department of health and mental hygiene are paid.
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