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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.
The three platoon system shall not apply to or govern the hours or tours of duty of sergeants or police officers of the city of New York, who may from time to time be detailed or assigned to what is known and designated as the traffic squad, provided, nevertheless, that the total number of members of the police force or department of such city, so detailed or assigned to such traffic squad, shall not at any time exceed in the aggregate one-third of the entire police force or department.
a. The number and boundaries of the precincts shall be fixed by the commissioner. The commissioner shall, from time to time, with the approval of the mayor, within the appropriation provided therefor, establish, provide and furnish stations and station houses, or substations and substation houses, at least one to each precinct, for the accommodation thereat of members of the force, and as places of temporary detention for persons arrested and property taken within the precinct. However, the commissioner shall provide written notice with supporting documentation at least forty-five days prior to the permanent closing, removal or relocation of any permanent station, station house, substation or substation house to the council members, community boards and borough presidents whose districts are served by such facility and the chairperson of the council's public safety committee. For purposes of this section, the term "permanent" shall mean a time period in excess of six months. In the event that the permanent closing of any stations and station houses, or substations and substation houses does not occur within four months of the date of the written notice, the commissioner shall issue another written notice with supporting documentation prior to such permanent closing. The four months during which the written notice is effective shall be tolled for any period in which a restraining order or injunction prohibiting the closing of such noticed facility shall be in effect.
b. A sufficient sum of money shall be appropriated annually for the purpose of furnishing horses, automotive equipment and apparatus connected therewith, and the maintenance thereof, and for the other purposes authorized by this section.
a. Every arrest made by any member of the force shall be made known immediately to the superior on duty in the precinct wherein the arrest was made, by the person making the same. It shall be the duty of such superior, to make written return of such arrest within twenty-four hours, according to the rules and regulations of the department, with the name of the party arrested, the alleged offense, the time and place of arrest, and the place of detention.
b. Each member of the force, under the penalty of ten days' fine, or dismissal from the force, at the discretion of the commissioner, immediately upon an arrest, shall convey in person the offender before the nearest sitting judge of the criminal court, that he or she may be dealt with according to law. If the arrest is made during the hours that the judge of the criminal court does not regularly hold court, or if the judge of the criminal court is not holding court, such offender may be detained in a precinct or station house thereof, until the next regular public sitting of the judge of the criminal court, and no longer, and shall then be conveyed without delay before the judge of the criminal court to be dealt with according to law.
The commissioner shall designate one or more station houses for the detention and confinement of women under arrest in the city. The commissioner shall provide sufficient accommodations for women held under arrest, keep them separate and apart from the cells, corridors and apartments provided for males under arrest, and so arrange each station house that no communication can be had between men and women therein confined, except with the consent of the officer in command of such station house. Officers or employees other than female staff assigned to this detail, shall be admitted to the corridors or cells of the women prisoners only with the consent of the officer in command of such station house. In every station house to which female members of the force or other female staff are detailed, toilet accommodations shall be provided for female staff, which accommodations shall be wholly separate and apart from the toilet accommodations provided for prisoners, or for male personnel attached to such station house.
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