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Any member of the uniformed force of the fire department, who immediately prior to his or her appointment or employment as such, has served or shall have served as a member of the uniformed transit police force or a member of the uniformed housing police force shall have the time served by such member in such force counted as service in the fire department in determining: (a) his or her eligibility to compete in a promotional examination; (b) his or her seniority credit for the purpose of grading a promotional examination; and (c) his or her seniority credit for the purpose of determining eligibility for transfers within the uniformed force of the fire department.
a. The commissioner shall divide the deputy chiefs, battalion chiefs, captains, lieutenants, engineers and firefighters, marine engineers and pilots in boats of the department into platoons, and such divisions shall be fully completed and the provisions hereof fully effectuated. None of such platoons, or any member thereof, shall be assigned to more than one tour of duty in any twenty-four consecutive hours. The commissioner shall install a two platoon system. The two platoon system shall consist of not more than two tours of duty of not more than nine hours each, to be followed by a rest period of at least forty-eight hours for all members. After such rest period there shall be not more than two tours of duty of not more than fifteen hours to be followed by a rest period for all members of at least seventy-two hours which shall continue in such sequence so that not more than six nine-hour tours of duty and six fifteen-hour tours of duty shall be worked in any twenty-five consecutive calendar days, except, in the event of conflagrations, riots or other similar emergencies or for the necessary time consumed in changing tours of duty, in which events such platoons or members thereof shall be continued on duty for such hours as may be necessary. This section shall in no manner affect any provision of law providing for furlough or leave of absence of such members of the department.
b. The mayor and all other officials charged with such duty are hereby authorized, empowered and directed to carry out the provisions of this section and to provide any and all necessary funds to effectuate the purposes thereof.
c. Notwithstanding the provisions of any other section of this title, the provisions of this section, as amended, in relation to the establishment and continuance of the platoon system and the tours of duty and the hours thereof shall not be repealed, superseded, supplemented or amended by local law, and the same may only be repealed, superseded, supplemented or amended as prescribed in section eleven of article nine of the constitution and upon the affirmative action of the qualified voters of the city of New York on a referendum submitted at a general election.
The commissioner shall have power, in his or her discretion on conviction of a member of the force of any legal offense or neglect of duty, or violation of rules, or neglect or disobedience of orders or incapacity, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct, or conduct unbecoming an officer or member, or other breach of discipline, to punish the offending party by reprimand, forfeiture and withholding of pay for a specified time, or dismissal from the force; but not more than ten days' pay shall be forfeited and withheld for any offense. Officers and members of the uniformed force shall be removable only after written charges shall have been preferred against them, and after the charges shall have been publicly examined into, upon such reasonable notice of not less than forty-eight hours to the person charged, and in such manner of examination as the rules and regulations of the commissioner may prescribe. The examination into such charges and trial shall be conducted by the commissioner, a deputy commissioner or other person designated by the commissioner in writing for that purpose; but no decision shall be final or be enforced until approved by the commissioner. The rules and regulations for the uniformed force of the department, as established from time to time by the commissioner, shall be printed, published and circulated among the officers and members of such department.
Any member of the department who shall withdraw or resign without the permission of the commissioner shall be subject to the forfeiture of salary due to such member. Unexplained absence, without leave, of any member of the uniformed force, for five days, shall be deemed and held to be a resignation by such member, and accepted as such.
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