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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.
No member of the police force in the department, except surgeons of police, a roentgenologist and a veterinarian, who is or hereafter attains the age of sixty-three years shall continue to serve as a member of such force but shall be retired and placed on the pension rolls of the department, provided, however, that any member who is not eligible for retirement at age sixty-three shall continue to serve as a member only until such time as he or she becomes eligible for such pension service retirement, provided further that any member participating in the social security program may elect to remain in the department but only until such time as he or she has earned the minimum number of quarters of coverage required to assure future eligibility for social security retirement benefits, but in no event beyond sixty-five years of age. Notwithstanding the provisions of this section or of any other section of law, any member who shall not have completed thirty-five years of creditable city service within the meaning of subdivision j of section 13-206, prior to attaining the age of sixty-three years may continue to serve as a member until he or she shall have completed such thirty-five years of creditable city service.
a. Upon written application to the mayor by the person aggrieved, setting forth the reasons for demanding such rehearing, the commissioner may rehear the charges upon which a member or a probationary member of the uniformed force has been dismissed, or reduced from the rank theretofore held by him or her. Such person or persons shall be required to waive in writing all claim against the city for back pay and shall obtain from the mayor his or her consent to such rehearing, such consent to be in writing and to state the reasons why such charges should be reheard.
b. Such application for a rehearing shall be made within one year from the date of the removal or reduction in rank.
c. If the commissioner shall determine that such member has been illegally or unjustly dismissed or reduced, the commissioner may reinstate such member or restore him or her to the rank from which he or she was reduced, as the case may be, and allow him or her the whole of his or her time since such dismissal, to be applied on his or her time of service in the department, or the commissioner may grant such other or further relief as he or she may determine to be just, or the commissioner may affirm the dismissal or reduction, as he or she may determine from the evidence.
d. If the applicant be a probationary member of the department, the commissioner may allow him or her the time already served as a probationary member to count as time served, but shall not allow the time between the date of his or her dismissal and his or her restoration to count as service in the department.
e. Employees of the department, not entitled to a trial before dismissal, and who were given an opportunity to explain charges before they were removed, may apply to the mayor, within one year from the date of the order separating them from the service, for a further opportunity to explain, setting forth the reasons for such action. The mayor, in his or her discretion, may grant such application. The commissioner, thereupon, shall afford a further opportunity to the dismissed employee to explain the charges filed against him or her, on which the removal was based. Thereafter the commissioner, in his or her discretion, may reinstate the dismissed employee or reaffirm the previous removal. Prior to any reinstatement hereunder, such former employee shall file a written statement waiving all claim or claims for back salary and damages of any kind whatsoever.
a. A member of the force, under penalty of forfeiting the salary which may be due such member, shall not withdraw or resign, except by permission of the commissioner.
b. Absence, without leave, of any member of the force for five consecutive days shall be deemed and held to be a resignation, and the member so absent shall, at the expiration of such period cease to be a member of the force and be dismissed therefrom without notice.
c. Leave of absence, other than for sickness, exceeding thirty days in any one year shall be granted or allowed to any member of the force, only upon the condition that such member shall waive and release not less than one-half of all salary and claim thereto during such absence.
a. The commissioner of finance shall from time to time pay over and advance to the commissioner such portions of the appropriation made to the department for contingent expenses, not exceeding one hundred fifty thousand dollars at any one time, for which requisition may be made by such commissioner. The commissioner shall transmit to the department of finance the original vouchers for the payment of all sums of money disbursed by such commissioner on account of such contingent expenses, and no greater sum than one hundred fifty thousand dollars in excess of the amount duly accounted for by such vouchers shall be advanced to the commissioner at any one time.
b. The commissioner shall give a bond of one hundred fifty thousand dollars, with two sufficient sureties, to be approved by the comptroller, for the faithful performance of the duties imposed and privileges conferred upon such commissioner by this section.
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