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The commissioner, upon the requisition of the department of health and mental hygiene, shall detail suitable officers to the service of such department of health and mental hygiene for the purpose of the enforcement of the provisions of the health code, and of the acts relating to multiple dwellings. Such officers shall belong to the sanitary company of police, and shall report to the department of health and mental hygiene. The department of health and mental hygiene may report back to the department for punishment any member of such company guilty of any breach of order or discipline or of neglecting his or her duty. Thereupon the commissioner shall detail another officer in his or her place. The discipline of such members of the sanitary company shall be in the jurisdiction of the department, but at any time the department of health and mental hygiene may object to any member of such company on the ground of inefficiency.
A transfer, detail or assignment to special duty of any member of the force, except in cases authorized or required by law, shall not hereafter be made or continued, except for police purposes and in the interests of police service. The commissioner, however, whenever the exigencies of the case require it, may make a detail to special duty for a period not exceeding three days, at the expiration of which the member or members so detailed shall report for duty to the officer of the command from which the detail was made.
The commissioner shall have power to relieve from active duty on patrol any member of the police force, who, while in the actual performance of duty and without fault or misconduct on his or her part, shall have become disabled, physically, as a result of injuries or illness attributable thereto, so as to be unfit to perform full police duty, such disability having been certified to by so many of the police surgeons as the commissioner may require. Such member may be assigned to the performance of such light duties as he or she may be qualified to perform. The term "disabled" as used in this section shall not include those members of the police force who can fully perform police duties with the use of a hearing assistance device.
(Am. 2019 N.Y. Laws Ch. 341, 10/4/2019, eff. 10/4/2019)
a. A member of the force in the rank of police officer, other than an officer who is detailed or designated as a detective or who holds the position of sergeant or any position of higher rank in such force, shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a member of the force, as determined by the department.
b. A member of the force who is detailed or designated as a detective or who holds the position of sergeant or any position of higher rank in such force shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a member of the force, as determined by the department, only in the event that a collective bargaining agreement granting such entitlement pursuant to this section has been made by the city and the certified employee organization representing such member. The first entitlement of any such member of the force to the full amount of regular salary under this section shall commence on the date of execution of the collective bargaining agreement providing for such entitlement with respect to such member.
c. Nothing in this section shall be construed to affect the rights, powers and duties of the commissioner pursuant to any other provision of law, including, but not limited to, the right to discipline a member of the force by termination, reduction of salary, or any other appropriate measure; the power to terminate an appointee who has not completed his or her probationary term; and the power to apply for ordinary or accident disability retirement for a member of the force.
d. Nothing in this section shall be construed to require payment of salary to a member of the force who has been terminated, retired, suspended or otherwise separated from service by reason of death, retirement or any other cause.
e. A decision as to eligibility for benefits pursuant to this section shall not be binding on the medical board or the board of trustees of any pension fund in the determination of eligibility for an accident disability or accidental death benefit.
f. As used in this section the term "incapacity" shall mean the inability to perform full, limited, or restricted duty.
The commissioner shall have power to suspend, without pay, pending the trial of charges, any member of the force. If any member so suspended shall not be convicted by the commissioner of the charges so preferred, he or she shall be entitled to full pay from the date of suspension, notwithstanding such charges and suspension.
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