City of Mount Vernon Police Department Administrative Guide

MOUNT VERNON POLICE DEPARTMENT
ROOSEVELT SQUARE NORTH, MOUNT VERNON, NEW YORK
ERNEST D. DAVIS
MAYOR
RICHARD BURKE
ACTING COMMISSIONER
JOHN ROLAND
CHIEF OF DEPARTMENT .
DEPARTMENT MANUAL
.
PREFACE
The ultimate source of all power is the people. Through their State Legislature the people of Mount Vernon established by Charter a City Government which provides for a Department of Public Safety.
Pursuant to these provisions, the Commissioner of Public Safety and all subordinates shall exercise all powers of peace officers granted them by statute, and within the City enforce all local ordinances and laws.
These regulations herein set forth are compiled, adopted and published by the Commissioner of Public Safety for the guidance and government of the Mount Vernon Police Department and the Members and employees thereof. These regulations supersede and cancel all regulations, Operations Orders, Interim Orders, and Memorandums that are inconsistent herewith and issued prior to the adoption and promulgation of these Regulations.
All references to the male gender shall automatically be understood to mean the female gender as well, unless common sense deems otherwise.
For information and directives governing the use and maintenance of this manual see Article IV, Written Order System.
INTRODUCTION
This manual is an official publication of the Mount Vernon Police Department and contains the policies, procedures, rules and regulations of the Department. The Department Manual is a summary of your moral and legal obligations as a Police Officer and briefly explains what is expected of you on the job.
Its purpose is to provide guidance for you in you daily activities. It sets forth the rules of conduct to which you must adhere in maintaining the standards of your profession. Every Member of the Department shall understand that no manual of regulations, however comprehensive, can be established that will cover every police duty that may be encountered and many procedures must, by necessity, be left to the common sense and judgment of the individual Member. You have the responsibility of becoming familiar with the regulations outlined in this manual and are expected to know and assume the duties and obligations.
You have the solemn obligation to serve the public, and should remember that in the execution of your duties you do not act for yourself, but for the public. Your opportunities to do this in an impartial, efficient and courteous manner are limited only by your own initiative and self-reliance.
Serving as a guide, the regulations herein contained should crystallize the impression that a good officer must be fair, courteous, and an expert in impartial law enforcement.
MISSION STATEMENT
The principal mission of the Mount Vernon Police Department is to preserve the rights of certain citizens and reduce fear in the community through the prevention of crime, protection of persons, property, and the maintenance of order in public places. To anticipate and respond to events that threatens public order and the protection of life and property.
It is essential that all members remember that in the execution of their duties they act not for themselves but for the good of the public. They shall respect and protect the rights of individuals and perform their services with honesty, zeal, courage, discretion, fidelity, and sound judgment. Police officers must seek and preserve public confidence by demonstrating impartial service to law, and by offering service and trust to all members of the public.
This department will strive to maintain the highest possible standard of performance, to be accomplished by a program of continuous training that stays in step with changing trends in law enforcement.
ORGANIZATION
Article No. I-I
ORGANIZATION
Date Issued 01/04/93 Effective 11/04/99 History OPS 92 02
Page 1 OF 1 Revised 11/04/99
SUBJECT: ORGANIZATION THE DEPARTMENT OF PUBLIC SAFETY SHALL CONSIST OF: 1. MEMBERS OF THE SERVICE The Department of Public Safety shall consist of sworn personnel known as Members of the Service (MOS). Members of the Service are those who are vested with police powers. 2. CIVILIAN PERSONNEL Personnel who are not vested with police powers. 3. RESPONSIBILITY AND AUTHORITY Members of the Service in charge will be the ranking officers. In the absence of a Member of the Service of higher rank, the senior Member of the Service will take charge and all others will obey his/her commands. At every level within this department, members of the service must be given the authority to make decisions necessary for the execution of their responsibilities. Each Member of the Service and civilian personnel will be held fully accountable for the use of, or failure to use, delegated authority. Any Member of the Service and/or civilian personnel who has any questions concerning his/her delegated authority should bring such questions to the attention of his/her Supervisor or the Chief of Department for prompt solution. Any gross improper use of authority or failure to accept authority will be reported through the chain of command as rapidly as possible.
ORGANIZATION
Article No. II
COMMISIONER OF PUBLIC SAFETY

Date Issued 1/4/93 Effective 1/18/93 History 1974 R & R
Page 1 of 2 Revised 1/4/93
SUBJECT: COMMISSIONER OF PUBLIC SAFETY

APPOINTMENT: 1. There shall be appointed by the Mayor, to hold office during his pleasure, a Commissioner of Public Safety. The Commissioner of Public Safety shall be a resident of the City of Mount Vernon and shall give his whole time to his duties and shall not accept any additional place of public trust or civil emolument. Chapter 20, Article 14 as amended by L.L. 1985 No.7 REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: 2. Good knowledge of modern principles and practices of police work; police administration; New York State Penal Law; New York State Vehicle and Traffic Law; local ordinances; ability to lead and direct subordinate officers; ability to deal courteously but firmly with the public; excellent judgment; observation; tact; integrity; and good physical condition.
AUTHORITY: 3. The Commissioner shall have cognizance, jurisdiction, supervision, and control, of the government, administration, disposition and discipline of the Police Department and of its officers and men and shall possess and exercise all powers and perform all duties pertaining to government, maintenance and direction of the department and its property, buildings and apparatus and general direction and supervision of expenditure of moneys appropriated to said Department. He shall possess such other powers and perform such other duties as may be prescribed by law or by ordinances of the City Council.
POWERS AND DUTIES: 4. The Commissioner of Public Safety shall be the head of the Department of Public Safety. He shall appoint to hold office during his pleasure, except as otherwise provided by law, a First Deputy Commissioner, a Second Deputy Commissioner, Superintendent of Weights and Measures, and such other subordinates as may be prescribed by the Board of Estimate and Contract. When vacancies exist in the ranks of Members of the Department of the Commissioner shall appoint, in his discretion, a person deemed by him to be
ARTICLE 2
PAGE 2 OF 2 competent and suitable to fill such vacancies, such person selected from an appropriate and extant list of certified eligibles for such office and in a manner prescribed under the New York State Civil Service Law.
5.
The Commissioner of Public Safety is responsible for the supervision and field operational services of the Mount Vernon Police Department and exercise direct supervision and control of all divisions and units that fall under the command of the Commissioner of Public Safety as described in the Organizational Chart of the Department of Public Safety. The Commissioner of Public Safety shall make, adopt, and enforce reasonable, rules, orders and regulations not inconsistent with law, as may be reasonably necessary to affect a prompt and efficient exercise of all duties imposed by law upon him or the Department. He is authorized and empowered to make, adopt, promulgate and enforce reasonable rules, orders and regulations for the government, discipline, administration and disposition of the officers and members of the Police Department and for the hearing, examination, investigation, trial and determinations of charges made prepared against any Officer or Member of said Department for the neglect of official duty or incompetence or incapacity to perform his official duties or some delinquency seriously affecting his general character or fitness for the office; an may in his discretion, punish any officer or member found guilty thereof by reprimand, forfeiting and withholding pay for a specified time, suspension during a fixed period or dismissal from office; but no officer or member of said department shall be removed or otherwise punished for any other cause, until specific charges in writing have been preferred against and served upon him and he shall have been found guilty thereof after reasonable notice and upon due trial before said Commissioner of Public Safety in a manner and form prescribed by law and the Rules and Regulations of the Department.
6.
7.
ORGANIZATION
Article No. III
DEPUTY COMMISSIONER OF PUBLIC SAFETY

Date Issued 01/04/93 Effective 1/18/93 History 1974 R&R
SUBJECT: DEPUTY COMMISSIONER OF PUBLIC SAFETY

1. During the absence or disability of the Commissioner of Public Safety, the Deputy Commissioner shall discharge the duties of the office until the Commissioner returns or his disability ceases. The Deputy Commissioner shall at all times have and possess all the powers of the Commissioner in order to discharge any of the duties of the Commissioner committed to such Deputy by the Commissioner. 2. The Deputy Commissioner shall make certain that the operation of all Divisions and Units mutually support one another in all matters requiring support and that a high degree of lateral cooperation and exchange of information is maintained. 3. The Deputy Commissioner shall be responsible for the good order, efficiency and discipline of the Department and the diligent enforcement of all laws and ordinances within its jurisdiction. 4. He shall require that each Member be provided with a copy of these regulations and ascertain that each Member is properly instructed in his duties and that they are performed in a manner as to render effective police services. 5. The Deputy Commissioner shall have the power to promulgate orders for the purpose of enforcing discipline and delegate duties to the members of the force, and it shall be the duty of the Members to obey such orders as issued, and such orders have the same force as the rules regulations of the Police Department. 6. The Deputy Commissioner may suspend any subordinate acting under him until the final hearing and disposition of charges, and any subordinate so suspend shall be reinstated only by order of the Commissioner of Public Safety. 7. The Deputy Commissioner shall make inventory of all property belonging to the Department once a year, and forwarded the same to the Commissioner of Public Safety. 8. The Deputy Commissioner shall have such authority and perform such duties as may be prescribed by the Commissioner of Public Safety.
ARITCLE III 9. The Deputy Commissioner is responsible for:
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A. Properly preparing, transmitting, filing, using and preserving official records, reports, returns, forms and correspondence, originating in, or forward to this department. B. The daily examination of all books and records required to be kept at headquarters in conformity with the rules and regulations and that entries therein are properly made B. The good order and sanitary condition of the Department buildings, and for the furnishings and equipment assigned thereto; and he shall make frequent inspections thereof. 10. The Deputy Commissioner has supervision over all Members of the Department and police conditions throughout the city. When absent from the city he shall keep the Desk Officer informed as to his whereabouts 11. The Deputy Commissioner may, in his discretion, excuse for one or more tours of duty, a Member who makes an arrest of more than usual importance, or who, in the line of duty, performs intelligently some act or deed of particular merit; provided the exigencies of the service permit. A comprehensive report of the act or deed shall be forwarded to the Commissioner of Public Safety and a report of the commendation made of the Personnel File of said Member of the Department. 12. The Deputy Commissioner may permit any Members of the Department who have similar duties to exchange one tour when such change is agreeable to both and there is no interference with police service. This privilege shall not be used in conjunction with leaves of absence or in allowing Members of the Department to perform two consecutive tours of desk or patrol duty. 13. The Deputy Commissioner shall report to the Commissioner of Public Safety during the first week of every month all the assets and dispositions of prisoners that have been made during the previous month. 14. The Deputy Commissioner shall cause to be kept the following books and or computer files: a. A book to be known as the Blotter or Arrest Book in which shall be kept a record of all prisoners, with name, sex, color, occupation, and residence, nature of complaint, name of officer making arrest, name of the Magistrate before whom the prisoner is brought, the disposition of case, also an entry, giving all particulars of the crime committed, and the name of the complainant. b. A book to be known as the Personnel Book containing registry of each Member of the Department, date of appointment, rank, age, residence, previous occupation and residence, previous occupation, and nativity, also a record of all charges preferred against him and disposition of same; also a record of any and all Department recognition.
ARTICLE III
PAGE 3 OF 4
c. An order file to be known as the Order Book, containing copies of all orders issued by the Commissioner of Public Safety and the Deputy Commissioner and Commanding Officers. d. A book to be known as the Lost and Found Book, containing a registry of lost or missing property, also any property found and brought to police headquarters. e. A book to be known as the Day Book, which shall be a record of all business of the Department. f. A book to be known as the Warrant Book in which shall be entered all warrants of any description sent to the police department for execution, also the name and address of the complainant and all other information to aid the officers in executing the warrants.
g. Summons Book. h. A book to be known as the Prisoners Property Book in which shall be entered all property taken from the prisoner, also receipt showing delivery of it to owner. i. A book to be known as the Transportation Book which shall contain a record of the transportation of prisoners to place of confinement, date of delivery, name of officers accompanying the prisoner, place of confinement and expense of transportation. A book to known as the Prisoners Receipt Book which shall contain a receipt showing the delivery of all prisoners to the place of confinement.
j.
15. The Deputy Commissioner shall detail one or more police officer, or special police officer, if necessary to prevent any violation of, or obstruction to, Registration Law on the days of registration. 16. The Deputy Commissioner shall, on an occasion of an election, detail at least one police officer or special police officer to each election polling place to preserve the peace and protect the ballot box. 17. It shall be the duty of the Deputy of Commissioner to require his subordinate officers to inspect all police officers at the commencement and termination of each tour of duty and report to him all cases of neglect or lack of cleanliness in attire, or lack of personal cleanliness, or unfitness for duty from any case. 18. The Deputy Commissioner shall obtain a leave of absence from the Commissioner of Public Safety whenever he intends to absent himself for more than two (2) days at a time. 19. The Deputy Commissioner shall have a daily inspection made of all automobiles, motorcycles, and equipment, by a designated Member of the Department who shall make a report to him as to the condition and serviceability of the same.
ARTICLE III
ARTICLE 4 OF 4
20. The Deputy Commissioner shall make a report semimonthly certifying the correctness of the pay roll, also stating the reason for nonattendance of any Member during that period. 21. The Deputy Commissioner shall cause to be made a map known as the Post Map which shall show the boundaries of all posts covered by police officers of the Department, said posts to be numbered and designated thereon.
ORGANIZATION
Article No. IV
WRITTEN ORDER SYSTEM

Date Issued 1/4/93 Effective 1/18/93 History OPS-89-01
SUBJECT:
WRITTEN ORDER SYSTEM
PURPOSE:
To identify issuing authorities and to establish a format and definitions for written orders and information, and to provide for proper preparation, indexing and distribution of Department policy, procedures and information.
PROCEDURE: 1. Written order must take one (1) of the following forms: A. B. C. D. E. F. G. 2. Department Manual Operations Orders Interim Orders Personnel Orders Training Orders Information Memorandums Division Memorandums
DEPARTMENT MANUAL A. B. C. Directives of Procedure affecting one or more subordinate units. Changes in the organization. Installation of permanent programs which affect more than one (1) unit.
3.
OPERATIONS ORDERS A. B. C. D. Directives of policy or procedure affecting one or more subordinate units Changes in the organization. Installation of permanent programs which affect more than one (1) unit. Operations Orders are issued subject to a six (6) month review. After review an Operations Orders may be; continued, cancelled, revised or made permanent and entered as a procedure in the Department Manual. All Operations Orders, prior to implementation shall be presented at the Commissioners Staff Meeting for review.
E.
ARTICLE IV
PAGE 2 OF 4
4. INTERIM ORDERS A. Statements, Directives or Policies regarding a specific circumstances or event, which is of a temporary or self-canceling nature. 5. PERSONNEL ORDERS A. Announces appointments, assignments, transfers, resignations, suspensions, retirements, dismissals, leaves of absence, Department recognition and disposition of disciplinary action. 6. TRAINING ORDERS A. B. Instructional material or bulletins. Successful completion of a school or course.
7. INFORMATION MEMORANDUMS A. Any general information which needs to be communicated and does not constitute a Department order, i.e. funerals, P.B.A. notices, sick and injured, confined to hospital, etc.
8. DIVISION MEMORANDUMS A. Any information which needs to be communicated to Members of that Division and does not affect any members of other units.
9. REVISION / ADDITION A.
B.
When an order is revised, it will retain the original order number, the fact that it has been revised and the date of revision will be noted.
When an order is revised the entire order is to be rewritten.
10. CANCELLATIONS A. All orders that are not self cancelling, shall be reviewed by the Chief of Police on a six (6) month basis. A determination shall be made whether to cancel, revise, enter into the Department Manual or continue in their present form.
11. ISSUING AUTHORITY A. All orders shall be issued by the Commissioner of Public Safety or by his direction or his designee.
12. DISTRIBUTION A. All personnel will be apprised of written orders affecting them either in person or by posting written orders on official bulletin board.
ARTICLE IV
PAGE 3 OF 4 B. Operations Orders will be distributed to all Members of the Department. Upon receiving the order each member will sign his name on the receipt log form. C. Completed receipt log forms will be kept on file in the Support Services Division. D. All Divisions will receive copies of all written orders with the exception of Division Memorandums. E. When an Operations Order is entered into the Manual of Procedures, each Member will receive a copy. Each Member will sign a receipt and place the new Procedure in its proper place in the manual.
13.
INDEXING AND GENERAL FORMAT A. Whenever applicable, orders shall carry notations and footnotes identifying source of information on related public documents. B. Orders shall be numbered consecutively, including the last two (2) digits of the year, according to classification. These numbers shall be issued and maintained by the office of the Chief of Police. C. Each order shall show the date of issue and the date the order takes effect, that date being at least seventy two (72) hours after date of issue.
14. SUPPORT SERVICE DIVISION A. It shall be the responsibility of the Support Services Division to issue all new Members of the Department current copies of the Department Manual. Members will be required to sign the Department Property Log indicating items received.
15.
MEMBERS RESPONSIBILITY:
A. Each Member shall be issued a copy of the Department Manual. Each Member is required to study it carefully, be fully aware of its contents and meaning, and conform to its directives. Each Member shall keep his Manual current and available for inspection by Supervisors. Changes or additions may be made from time to time and shall become effective and part of the Manual when published (as prescribed in 13,C. of this order). When new orders or revisions are issued, it will be the responsibility of each Member to update their Manual. The Department Manual is the property of the Mount Vernon Police Department. Each Member is responsible for the care and security of the Manual assigned to him or her. At no time shall any Member allow a copy of the Department Manual or any other Department Order or Directive to be viewed, copied or left in the possession of any person not
B. C.
D.
ARTICLE IV
PAGE 4 OF 4 a Member of the Mount Vernon Police Department without the permission of the Commissioner of Public Safety or his designee. E. Violation of any of the above directives may result in disciplinary action.
ORGANIZATION
Article No. V
ORDER OF RANK
SUBJECT: ORDER OF RANK

PURPOSE:
To describe the order of rank within the Department.

POLICY:
The order of rank of Members of the Department shall be as follows: CHIEF DEPUTY CHIEF CAPTAIN LIEUTENANT SERGEANT POLICE OFFICER 1. Seniority is determined: A. B. First: by rank in order designated above. Second: by continuous service in rank.
ORGANIZATION
Article No. VI
CHIEF
Date Issued 4/14/95 Effective 4/17/95 History OPS-ARTVI
SUBJECT: 1.
CHIEF: The Chief is subject to the Rules and Regulations prescribed by the Commissioner of Public Safety and is responsible to the Commissioner and Deputy Commissioner of Public Safety. The Chief is generally responsible for the supervision and field and operational services of the Mount Vernon Police Department and exercises direct control and supervision of the following units: a. b. c. d. Detective Division Patrol Division Support Service Division Special Operations Division
2.
3.
The Chief is responsible for the diligent enforcement of all laws and ordinances within the jurisdiction of his/her command and for the good order, efficiency and discipline of the Department. He/She shall see that each member is properly instructed in his/her duties and performs such in a manner that provides effective police services. He/She shall promulgate orders, carry out administrative duties and seek improvement in field services with regard to legality, efficiency, and morality of the police services rendered to the people of the City of Mount Vernon.
4.
5.
ORGANIZATION
Article No. VII-2
INTERNAL AFFAIRS UNIT

Date Issued 1/4/93 Effective 1/18/93 History
SUBJECT:
INTERNAL AFFAIRS UNIT
POLICY: 1. The Internal Affairs Unit shall be comprised of such personnel as may be directed by the Commissioner. The Commanding Officer of the Internal Affairs Unit shall be answerable and report to the Commissioner. As provided in Administrative Guide Section 2.061, subdivisions 5 and 6 the recording of complaints and assignment of the serial numbers shall be conducted by the Chief of Police. A. Internal Affairs investigations will be assigned a chronological serial number and shall be logged in a book, which shall be maintained by the Chief of Police. Records pertaining to Internal Affairs Investigations will be securely maintained in the office of the Chief of Police. Investigations assigned by the Chief shall include, but not be limited to, complaints alleging criminal activity on the part of any Member of the Department, or complaints that arise upon the receipt of a Notice of Claim or other civil process. All other investigations shall be conducted by the Members immediate Supervisor unless, in the opinion of the Chief of Police, the complaint should properly be directed for investigation to the Internal Affairs Unit.
2.
B.
C.
3.
The Internal Affairs Unit will also be responsible for the following: A. Confidential investigations assigned by the Commissioner or his/her designee. Supervision and maintenance of the Departments discipline. Making recommendations to the Commissioner to improve police efficiency, effectiveness, morale and other pertinent issues. Performances of such duties as may be delegated by the Commissioner.
B. C.
D.
ARTICLE VII
PAGE 2 OF 3
E.
The exacting of proper performance of duty by all Members of the Department. Any matter, which jeopardizes accomplishments of the mission of the Department or compromises the integrity or reputation of the Department.
F.
PROCEDURE: 1. Complaints against members of the Department shall be handled in accordance with the provisions of Administrative Guide Section 2.061. A. CRIMINAL CONDUCT: In the event the complaint against a Member of the Department is criminal in nature, and the investigation of said complaint indicates criminal conduct exists, this Department, prior to proceeding with the investigation of the complaint, will contact the District Attorneys Office immediately to coordinate the investigation
2.
At the completion of each investigation assigned to the Internal Affairs Unit a report shall be submitted by such unit to the Chief or Commissioner, as appropriate. Such reports shall include: A. B. C. D. E. Heading information, including date, standard salutation, and a brief description of the subject of the complaint. A recommended classification of the complaint after investigation. An in depth description of the specifics of the complaint. A body, which describes in depth the measures taken in the conduct of the investigation. Where necessary or appropriate a rationale describing the basis for the classification.
ARTICLE NO. VII-2
3.
If the internal investigation is not generated at the direction of the Commissioner the foregoing report shall be submitted to the appropriate originating authority. Upon receipt of the Internal Investigation report, said originating authority shall review the report for completeness and competence and shall endorse it to the Commissioner. Such endorsement shall include a recommendation of whether or not to accept the classification recommended by the Internal Affairs Unit.
ARTICLE NO. VII
PAGE 3 OF 3
4.
After final endorsement by the Commissioner, the complainant shall be notified in writing by the Commissioner, or his designee, that the complaint has been investigated. Such written communication shall contain a statement of the classification of the complaint after investigation.
ORGANIZATION
Article No. VIII
PATROL DIVISION
SUBJECT: PATROL DIVISION RESPONSIBILITIES: 1. The Patrol Division is responsible for providing general police services throughout the city, as well as certain specialized services. The Division is comprised of three (3) sections, Patrol Services, Special Operations, the Operations Section. All Members assigned to the Patrol Division shall actively seek to coordinate their efforts with Members of other Divisions and units of the Department in the spirit of cooperation. The ultimate goal of all such members shall be to conduct themselves in a manner that tends to accomplish the Departments mission. Members shall be aware that a commonality of effort is a necessary component to successfully accomplishing such mission.
2.
COMMANDING STRUCTURE: 3. COMMANDING OFFICER Generally of at least the rank of Captain. The Commanding Officer has full cognizance and jurisdiction over the administration, deployment, discipline, and general supervision of all personnel assigned to the Patrol Division. The Commanding Officer is specifically responsible for the supervision of Squad Commanders. The Commanding Officer reports and makes recommendations to the office of the Chief of Police. 4. EXECUTIVE OFFICER - Generally of at least the rank of Lieutenant The Executive Officer is the Administrative Assistant to the Commanding Officer. The Executive Officer shall assume full responsibility in the absence of the Commanding Officer, with all attendant authority. The Executive Officer reports directly to the Commanding Officer, except that in his/her absence, the Executive Officer reports directly to the office of the Chief of Police. The Executive Officer is also directly responsible for the Operations Sections.
ARTICLE VIII
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5.
SQUAD COMMANDERS Generally of at least the rank of Lieutenant. The Squad Commander is responsible for the proper administration of the Squad Unit (squad) and shall have cognizance and jurisdiction over the deployment of personnel assigned to the unit. Squad Commanders are responsible for the maintenance of discipline and morale and have general supervisory authority over all members of the department under his/her command, and are specifically responsible for the direct supervision of first line supervisors. Squad Commanders report directly to the Commanding Officer.
6.
DESK OFFICER - A Superior Officer, may be either a Lieutenant or Sergeant as assigned by the Squad Commander.
Duties of the desk officer refer to Organization, Article 14.
7.
FIRST LINE SUPERVISORS Rank of Sergeant First line supervisors report directly to the Squad Commander. In the absence of the Squad Commander, the senior ranking Sergeant is the acting Squad Commander, with all attendant authority and responsibility.
Refer to Organization, Article 13.
PATROL SERVICES SECTION 8. PATROL SQUADS are comprised five (5) units that are commonly referred to as Patrol Squads. Each such unit is comprised of a Squad Commander, first line supervisors, a number of police officers as determined by the Commanding Officer of the Patrol Division and civilian Communications Specialist. STREET INIATIVE TASK FORCE shall address and correct conditions that negatively impact upon the quality of life in the community. The Unit will have a wide range of duties, whether in uniform or plain clothes, as determined by the Division Commanding officer. The Street Iniative Task Force Supervisor shall formulate and implement plans to address concerns assigned to the unit and shall devise duty schedules and assignments consistent with the goals of the unit and the instruction of the Division Commander. The Street Iniative Task Force Supervisor shall report directly to the Division Commander.
9.
ARTICLE VIII
Page 3 of 4
10.
BICYCLE PATROL UNIT is responsible for the uniformed patrol duties of specific areas as determined by the Division Commander. The unit is intended to complement traditional foot patrol, effectively increasing visibility, mobility and the range of designated posts.
Refer Organization, Article 34
SPECIAL OPERATIONS SECTIONS
11.
EMERGENCY SERVICE UNIT is responsible for providing specialized police service, through specialized training and equipment. These services include, but are not limited to, tactical operations, emergency medical assistance, rescue operations, underwater search and recovery of articles involved in crimes, crime scene assistance and any other duties as prescribed by the Police Commissioner or his/her designee.
Members of the Special Operations Section are responsible to the Section and/or Unit Commanders as designated by the Division Commander. In the absence of the Section/Unit Commander, Members are responsible to the Patrol Supervisors.
OPERATIONS SECTION 12. OPERATIONS SECTION shall be responsible for the general administrative duties of the Division. Duties shall include but not limited to scheduling, vehicle accountability, scheduling and tracking of overtime, distribution of reports and memorandums and other duties as specified by the Division Commander. Staffing of the Operations Sections shall be determined by the Division Commander with the approval of the Chief of Department.
ARTICLE VIII
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13.
TRAFFIC ENFORCEMENT UNIT is responsible for specialized and proactive traffic enforcement on a citywide basis. The unit is also responsible for the supervision of the taxi and tow truck businesses licensed by the City. Additionally, the unit conducts the biannual inspections, required by the City Code, for the taxi and tow truck industry..
14.
COMMUNICATION SPECIALIST/EMERGENCY SERVICE DISPATCHERS a. Persons employed in the position of Communication Specialistn shall be guided by and comply with the Department Manual of Procedures. b. Communication Specialists shall answer all incoming calls, including calls for police service. c. Shall be thoroughly familiar with the operation of all special equipment that may be required nto be utilized in the performance of their duties. d. Shall direct police response to calls and conditions, using the police radio and telecommunications equipment. e. Shall be responsible to convey information, as is necessary. f. Shall be cognizant of the fact that they are the first, and in many instances the only contact that the public may have with the police. They shall conduct themselves in a professional manner at all times. g. Shall be knowledgeable of ancillary services, including the means by which contact with other agencies and organizations may be made when such interaction is required. h. Shall report and be accountable directly to the Desk Officer. i. Shall not engage in extensive conversation with persons who may call the Department. j. When calls are received that require more than a brief conversation to take and report an incident; the Communication Specialist shall attempt to determine as nearly as possible the appropriate person within the Department to whom such call should be routed. In the event the Communication Specialist is unable to make such a determination, such callers shall be connected to the Desk Officer.
ORGANIZATION
Article No. IX
POST BOUNDARIES
SUBJECT:
POST BOUNDARIES
PURPOSE:
To define Patrol Division post boundaries (both walking and radio motor patrol units.) 1. The City is divided into seven (7) Radio Motor Patrol sectors designated as follows: Sectors A, B, C, D, E, F, G. There is eight (8) Foot Posts designated as follows 1, 2, 3, 4, 5, 6, 7, 8. Radio Motor Patrol Sectors are assigned, as one-man units. A second man assigned will depend on available manpower working that tour.
2. 3.
FOOT POSTS POST 1. 1ST Street North Center line of New Haven Railroad South South side of 1st Street East Center line of Union Avenue West Center line of 5th Avenue POST 2 2nd Street North North side of 2nd Street South South side of 2nd Street East Center line of Union Avenue West Center line of 5th Avenue POST 3 3RD Street North North side of 3rd Street South South side of 3rd Street East Center line of Union Avenue West Center line of South 5th Avenue
ARTICLE IX
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POSTS 4. 4TH AVE. North Center line of New Haven Railroad South Center line of 4th Street East Eastside of 4th Avenue West West side 4th Avenue POST 5. GRAMATAN AVE. North Center line of Lincoln Avenue South Center line of New haven Railroad East Eastside of Gramatan Avenue West West side of Gramatan Avenue POST 6. PROSPECT AVE. North Prospect Avenue South Center line of New Haven Railroad West Center line of North 5th Avenue POST 7. MOUNT VERNON AVE. North North side Mt. Vernon Ave. South South side of Mt. Vernon Ave. East West Lincoln Avenue. West Yonkers City line POST 8. GRAMATAN AVE. North South side of Cross County Pkwy. South Center line of William Street. East West Lincoln Avenue West Melrose and Williams Street
RADIO MOTOR PATROL SECTOR BOUNDARIES RADIO MOTOR PATROL SECTOR A

North Center line of Sandford Boulevard South Mount Vernon, New York City line East Mount Vernon, Pelham, New York City line West Mount Vernon, New York City line
ARTICLE IX
PAGE 3 OF 3
RADIO MOTOR PATROL SECTOR B

North Center line of East and West Third Street South Center line of West Sandford Boulevard East Center line of South Fulton Avenue West Mount Vernon, New York City line
RADIO
MOTOR PATROL SECTOR C
North Center lines of Washington Street, Beechwood Avenue, Bradford Road, East First Lincoln Avenue South Center line of East Sandford Boulevard East Mount Vernon, Pelham City line West Center line of South Fulton Avenue
RADIO MOTOR PATROL SECTOR D

North Center lines of Mount Vernon Avenue, Scotts Bridge, and West and East First Streets South Center line of West and East Third Streets East Center line of South Fulton Avenue West - Yonkers, New York City lines
RADIO MOTOR PATROL SECTOR E

North Center line of West Grand Street South Center lines Mount Vernon Avenue, Scotts Bridge, and West First Street East Center line of Westchester Avenue to center line of East Lincoln Avenue to center line of Gramatan Avenue West Mount Vernon, Yonkers City line
RADIO MOTOR PATROL SECTOR F

North Center lines of East Grand Street, North Columbus Avenue, and East Lincoln Avenue South Center lines of East First Street, South Fulton Avenue, Washington Street, Beechwood Avenue, Bradford Road, and East Lincoln Avenue East Center line of Bradford Road West Center lines of Westchester Avenue, East Lincoln Avenue, and Gramatan Avenue
RADIO MOTOR PATROL SECTOR G

North Mount Vernon, Eastchester, Bronxville City line South Center lines of West and East Grand Streets, North Columbus Avenue, East Lincoln Avenue East Mount Vernon, Pelham City line West Mount Vernon, Yonkers City line
ORGANIZATION
Article No. X-3
DETECTIVE DIVISION
Date Issued 9/29/95 Effective 9/25/95 History OPS-ART X-1
SUBJECT:
DETECTIVE DIVISION
RESPONSIBILITIES: 1. The Detective Division shall have role of supporting the Patrol Division. While this Division provides special services, its Members are Police Officers and have the same responsibilities as do other Members of the Service. The Division shall have a special mission to investigate all serious crimes and any other crimes that may be delegated to their attention. It shall continue crime investigations initiated by the Patrol Division and shall also locate missing persons, compile criminal records, and collect intelligence information that may be of assistance to prevent and investigate criminal activity. Recover stolen property.
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ORGANIZATION: 3. The Detective Division shall be composed of a Commanding Officer, Superior Officers and personnel of such rank and numbers as may be assigned to it by the Commissioner of Public Safety. The Detective Division shall consist of the following squads/units; A. B. C. D. E. F. Investigation Squad; Narcotic Squad; Major Case Squad; Criminal Identification Unit; Special Investigation Unit; Youth Unit
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ARTICLE X-3
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COMMANDING OFFICER 5. The Commanding Officer of the Detective Division shall have the responsibility for the operation of the Division and shall be held accountable for the successful completion of the investigation of all crimes that are assigned to the Division and shall require his/her subordinates to exert their best efforts in the investigation of such crimes and their clearance by arrest. The Commanding Officer shall ascertain that the workload of the Division is equitably distributed amongst the personnel under his command. When circumstances require it, the Commanding Officer shall personally visit the scene of a major crime or those of unusual nature. The Commanding Officer shall be responsible for the complete, accurate and prompt preparation of reports by his subordinates and to ascertain that such reports contain the names of members of other units of the Department who have assisted in an arrest. The Commanding Officer shall advise the Members under his command in the collection, identification and preservation of evidence. He shall see that the chain of custody of all evidence is established to ensure its proper presentation in court. A spot check on the activities and efficiency of the personnel should be made and an appraisal of their daily work production shall be made to ascertain if personnel should be retained. When the reports indicate otherwise, he shall request a transfer of such member. The Commanding Officer shall require his detectives to give special attention to professional criminals and to use every legal means to convict them of their offenses, and to suppress their criminal activities. The Commanding Officer shall make certain that cases and reports made at the time of arrest by a subordinate are properly drawn and contain all necessary specific information. The Commanding Officer shall assist as far as he is able, in returning offenders from other jurisdiction and shall maintain proper relations with outside law enforcement agencies by assisting them in the apprehension of offenders and by providing them with criminal records and other information useful to them.
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SQUAD / UNIT COMMANDERS 14. Superior Officers shall be held strictly responsible for the conduct, discipline and efficiency of all members under their supervision. They shall daily investigate and check the work of members under their supervision with the view of determining whether cases assigned them have been promptly and properly investigated. Whenever it appears that a detective, after a reasonable period of instruction shows no indication of development or improvement or for any reason they believe a member under their supervision is not fit for Detective duty they shall promptly inform the Commanding Officer of their observation. A. Squad/Unit Commander shall assist the Commanding Officer in the administration of the Detective Division.
DETECTIVES DUTIES GENERAL 15. Detectives shall use their best efforts in the prevention and suppression of crime and in the detection and apprehension of criminals. Under no circumstances shall they make public information that might jeopardize the successful completion of the investigation or apprehension of the perpetrator. Detectives diligently and efficiently investigate all crimes assigned them utilizing all available resources at hand or elsewhere for the clearance of crimes by the arrest of the offender. Detectives shall follow up on all their case assignments until there is a final disposition or the case is declared inactive by their commanding officer. Detectives shall keep their Supervisor advised of the progress and development in cases assigned to them for investigation and shall periodically submit supplementary reports thereon. They shall acquaint themselves with fundamental rules of evidence. Detectives shall familiarize themselves with criminal characters, their practices, haunts and associates and acquaint themselves with various methods (modus operandi) used by criminals in the commission of their crimes. Detectives shall perform such duties and work such hours as their Commanding Officer may direct. Detectives shall conform strictly to the rules and regulations and operating procedure of the department.
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Detectives shall interview the complaints, victims and witnesses in all cases assigned to them for investigation without delay and shall properly identify themselves to all persons involved. Detectives shall be careful in their inquires not to endanger unnecessarily the reputation of any person who may be the subject of an investigation. They shall at all times be courteous and considerate in speech and manner. Detectives shall constantly be on alert to cultivate sources of information that will aid them in the solution of crimes, the apprehension of offenders and suppression of vice. Detectives shall assist the Patrol Division in the preliminary investigation of crimes. Detectives shall inspect as required all licensed premises and other establishments as may be designated by the Commanding Officer. In arrest cases, detectives shall be responsible for the proper and complete preparation of their cases for prosecution. Detectives Division personnel shall be responsible for youth related offenses and incidents in accordance with current Detective Division Memorandums.
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SQUAD/UNIT RESPONSIBILITY INVESTIGATION SQUAD 28. The Investigation Squad is responsible for investigation all robberies, burglaries, rapes, assaults, arsons, larcenies, and other crimes, also taking of reports of missing persons and attempt to locate them. Personnel may be called upon to provide security for people whose life may be in jeopardy or personages of exceptional importance. The Investigation Squad will conduct background research of police applicants pertaining to their personal, financial and educational history, moral character and other related background matters pertinent to employment requirements for the position of police officer. The Investigation Squad will conduct other investigations ordered by the Commanding Officer of the Detective Division.
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NARCOTIC SQUAD 29. The Narcotic Squad is responsible for the suppression of all illegal drugs trafficking activity from street level operation up to and including major criminal conspiracy efforts. Activities also include maintaining/developing intelligence files relative to narcotic distribution and initiating/supervising counteractive measures. This squad is also responsible for intra- agency coordination relative to narcotic enforcement activity.
MAJOR CASE SQUAD 30. The Major Case Squad is responsible for the investigation of all homicides, kidnappings and bank robberies. They will also assist detectives assigned to the General Investigation Squad on all rapes, robberies, and assaults where the victim has received a serious physical injury and death may result; incidents of suspicious or unexplained deaths; and any offenses where a coordinated or extensive investigation is necessary. They will also conduct background checks and any other investigation assigned by the Commanding Officer of the Detective Division.
CRIMINAL IDENTIFICATION 31. The Criminal Identification Unit is responsible for preparing fingerprint cards and taking photos (mug shots) of prisoners, review prisoner data reports for City Court classify fingerprints, maintain print classification files, submit fingerprints to the NYS Division of Criminal Justice Service and conduct fingerprinting of job applicants. The C.I.U is responsible foe film processing and printing. When the Commanding Officer of the Detective Division deems it necessary, the C.I.U will respond to a crime scene for the purpose of photographing and collecting evidence.
SPECIAL INVESTIGATION UNIT 32. The Special Investigation Unit shall be responsible to conduct such investigation as directed by the Commanding Officer of the Detective Division. Prolonged investigations that require uninterrupted attention may be assigned to the Special Investigations Unit to best serve the investigative process. The Special Investigation Unit shall proactively initiate investigations and shall collect intelligence information related to gang activity within the City, identifying members, gang related incidents, and shall initiate investigations to abate gang related crimes.
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YOUTH UNIT 33. The Youth Unit shall be responsible for investigating crimes with juvenile suspects. The Youth Unit shall also process arrests for juvenile delinquents and juvenile offenders and shall be responsible for the appropriate disposition of juveniles who come into police custody. They shall make the appropriate referrals to the Probation Department, Family Court, Child Protective Services, or other Social Service Agency for investigations relating to youths. The Youth Unit shall collect and maintain information on pertinent juvenile related activity within the City. The Youth Unit shall be responsible for investigating reports of child abuse or neglect, and shall assist Members of other units investigating crimes involving a child victim.
MAYORS SECURITY DETAIL 34. The Mayors Security Detail shall be responsible for the security of the Mayors Office. They shall also be responsible for the personal safety of the Mayor. They shall keep the Commanding Officer of the Detective Division apprised of any unusual circumstances or needs that may arise that may be outside the scope of their assignment.
ORGANIZATION
Article No. XI-2
SUPPORT SERVICES DIVISION

SUBJECT: SUPPORT SERVICES DIVISION

The Support Services Division is responsible for providing support, technical and certain special services to the Department. The Division is comprised of ten (10) units.
The Command Structure of the Support Services Division is as follows:
DIVISION COMMANDING OFFICER

The Division Commanding Officer has full cognizance and jurisdiction over the administrative, deployment, discipline and general supervision of all personnel assigned to the Support Services division. The Commanding Officer is responsible for the efficient operation and performance of each section and additionally responsible for the supervision of Section and/or Unit Commanders.
DIVISION EXECUTIVE OFFICER

The Executive Officer is the Administrative Assistant to the Commanding officer. The Executive Officer shall assume the duties and responsibilities of the Commanding Officer in his/her absence. The Executive Officer reports directly to the Commanding officer and is responsible for additional duties as specified by the Commanding Officer.
UNIT COMMANDERS
Unit Commanders are responsible for the efficient administration of the Unit and are responsible for the morale, discipline and general supervision off all members and civilians under his/her command. Units are comprised of sworn police officers and civilian employees of the Department. In the absence of a Unit Commander, personnel are responsible to the Division Commander.
Article No. XI-2
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Unit responsibilities of the Support Services Division are as follows:
ADMINISTRATIVE 1. RECORDS PROCESSING AND MANAGEMENT UNIT is responsible for

the intake, classification, distribution, and maintenance of official Department reports and records. This Unit is also required to complete all state and federal crime reporting documents and ensure that the completed forms are distributed to the proper agencies. The unit is also responsible for crime analysis and compiling monthly reports, statistics and surveys as required by the Commanding Officer.
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EVIDENCE/PROPERTY CLERK UNIT is responsible for the intake, documentation, distribution, and maintenance of all evidence and/or property which comes into the possession of the Department, as well as maintaining documentation of all information required to establish chains of evidence and disposition of any and all property. EQUIPMENT UNIT is responsible for the purchase, maintenance, distribution, and documentation of the department equipment issued to members. This unit is also required to maintain adequate supplies of all department forms and stationary supplies and distribute same as required. BUILDING AND MAINTENANCE UNIT is responsible for the coordination
of maintenance, repairs, and alterations of the Police Headquarters building and other facilities utilized by the Department. Additionally, the Unit is responsible for the purchase of the supplies and equipment relative to the building and maintenance.
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PERSONNEL UNIT is responsible for the maintenance and supervision of

payroll, medical and personnel folders. Additionally, the Unit is charged with the maintenance and supervision of members sick, injured and compensatory time records. REFER ORGANIZATION ARTICLE XVII
TECHNICAL SUPPORT
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TRAINING UNIT is responsible for the in- house training of Members of the Department. Responsibilities include, but are not limited to, firearms qualifications, defensive tactics, first aid, emergency services training, article 35 training and updates. The Unit also coordinates the field-training program and functions as the liaison to the staff of the Police Academy. The Commanding Officer of the Training Unit is responsible for the recording and safeguarding of all training records, for both present and past Members of the Department.
Article No. XI-2
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COMMUNICATIONS 7. COMPLAINT CLERK/TELETYPE UNIT is responsible for the receiving of complaints and reducing them to writing utilizing the proper Department form and to accurately complete all teletype formats for entry into the NYSPIN (New York State Police Information Network) system. Additionally, the Unit is responsible for the receipt and documentation of subpoenas, and the service of said subpoenas upon Members of the Department and/or civilians as required.
TRAFFIC 8. TRAFFIC UNIT is responsible for all traffic related matters. The Unit investigates
all reports for regulatory signs, prepares directives as required by the City Charter, for the installation of regulatory signs. The Unit also functions as the liaison with the Department of Public Works to oversee the proper completion of traffic light repairs, pavement marking/painting, and sign installation and repairs. The Unit also compiles data for surveys and provides investigative reports, with recommendations, to the office of the Police Commissioner regarding all requests for zoning and site plan applications processed via other City agencies. Additionally, the Unit is responsible for the administrative processing and maintenance of all Motor Vehicle Accident Reports, Parking Summonses, Moving Violations, and Violations of the City Code. The Unit also complies with all New York State reporting requirements insofar as Motor Vehicle Accidents and Uniform Traffic Tickets.
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VEHICLE REMOVAL UNIT is responsible for the investigation, towing, documentation, and notification of all abandoned vehicles. The Unit supervises the licensed private contractors who perform towing and storage impounded, seized and stolen vehicles and provides notification to the owners of the vehicles. The Unit also bears the responsibility of completing all state forms required with respect to the disposition of said vehicles. When required, the Unit is capable of assisting other Units within the Department in specialized auto crime investigation. CEREMONIAL UNIT is responsible for rendering Department Honors at Official Ceremonies, parades, funerals and other events as directed by the Commissioner of Public Safety.
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SPECIAL OPERATIONS 11. JAIL UNIT is responsible for the safety and movement of persons charged with crimes while in the custody of the Department. Duties include, but are not limited to, processing incoming prisoners, performing visual health/safety inspections of persons in custody as prescribed by the State, completing documentation, as required, and ensuring that all scheduled court appearances are fulfilled. In addition, the Unit is responsible for the transportation of prisoners to and from the County Jail facilities and City Court, or any other prisoner transportation required by a court order.
SEE ARTICLE 18 DETENTION AND TRANSPORTATION UNIT FOR FURTHER INFORMATION
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SCHOOL CROSSING GUARD UNIT is responsible for the hiring and training
of School Crossing Guards. Duties include, but are not limited to, maintaining post assignments and ensuring the overall discipline of the School Crossing Guards.
ORGANIZATION
Article No. XII
COMMANDING OFFICER
SUBJECT:
COMMANDING OFFICER
GENERAL: 1. The Commanding Officer of any Division, Section, Unit or Squad, regardless of his rank, is the Superior Officer of every person in that command. He is responsible for the efficient performance of every Member and civilian employee under his command. Subject to the approval of the Deputy Commissioner, the Commanding Officer may establish such minor regulations as deemed necessary for the discipline of the Members of his immediate command and for the satisfactory control of the operation thereof. The Commanding Officer shall have command authority through his assignment to a command position by order of the Commissioner of Public Safety, or by a specific delegation of command authority by his Superior Officer.
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DUTIES OF A COMMANDING OFFICER:

3. The Commanding Officer of any Division, Section, Unit or Squad of the Police Department shall at all times lead his command, make plans and decisions for its efficient operation; provide for the training and supervision of the Members and civilian employees of his command; shall foster discipline and morale and shall ensure that the mission of the command is efficiently carried out. A Commanding Officer shall establish whatever details and assignments are necessary for the efficient performance of his command assignment. A Commanding Officer shall be responsible for the punctual reporting for duty of all personnel within his command and shall keep or cause to be kept a record of each member or employees attendance. A Commanding Officer shall report immediately to his superior officer any unusual occurrence or serious crime and he shall be held responsible for the proper handling of any crime, incident or matter.
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A Commanding Officer shall be responsible for keeping records, reports and accounts, which pertain to the operation and execution of the activities of his command. The Commanding Officer of any Division, Section, Unit or Squad shall inspect or cause to be inspected all personnel, equipment, supplies and installations assigned to his Command. He shall be responsible for the good order, proper care, use, efficiency and serviceability of all Department property assigned for the use of his command and ensure its proper use by the personnel thereof. A Commanding Officer shall constantly train his subordinates through example, precept, admonition, correction, formal or informal instruction, seminars, conferences, field and staff problems and any other suitable way. A Commanding Officer shall foster efficiency, good discipline and high morale among the Members and employees of his Command. He shall investigate or cause to be investigated any complaints not referred to Internal Affairs made against the Members or employees of his Command; any violation of Department Regulations committed by them or any conditions; or situations tending to undermine the good order and discipline of his Command. He shall make a full report of such investigations to his Superior Officer and the report shall contain his findings and recommendations. The Commanding Officer shall secure all firearms or other Department owned equipment or property from the possession of any Member of his Command who resigns, retires or is suspended, dismissed or hospitalized, or from the effects of any deceased Member. A. All such properties retrieved shall be sent to the Support Services Division, Property Unit, for safekeeping or disposal. The Deputy Commissioner shall be provided with a list of property taken; such list prepared by retrieving officer.
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A Commanding Officer shall review all circumstances of the arrest of each person apprehended by any Member assigned to his Command. A Commanding Officer shall see that all interviews or interrogations of all suspects detained at any place by a Member of his Command are consistent with the requirement of the law. A Commanding Officer shall insist that every Member of his command comply with the standard police procedure and regulations for the accomplishment of the mission of his command, giving special attention to those phases that may jeopardize the safety of personnel assigned to his command and the reputation of the Police Department.
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A Commanding Officer shall receive and forward to the Property Unit all property coming into the possession of Members of his Command in the course of their official duties. The Commanding Officers of every Division, Section, Unit or Squad shall prepare, compile and deliver reports required at a date specified by the Deputy Commissioner setting forth the full activities of the Members of their command. The Commanding Officer of a line unit shall respond to the scene of any serious or unusual incident, fire, accident, catastrophe or major crime. The Commanding Officer of any Division, Unit or Squad shall report immediately to the Youth Section all cases involving juveniles whether as complaints, victims, or violators. All supplies or equipment shall be ordered on Department Standard Requisition Forms, which shall be signed by the proper Divisional Commanding Officer and forwarded to the Administrative Aid through the Chain of Command for processing. A Commanding Officer shall exercise practical economy in the operation of his Command and its use of all equipment, supplies and utilities. A Commanding Officer shall maintain the Chain of Command by passing orders through subordinate ranking officers and by keeping them advised of changes in policies and procedures in order to maintain their sense of responsibility. He shall refuse to handle any routine action of a subordinate unless the action is brought through the normal Chain of Command. Commanding Officers may permit Members of their command who perform similar duty to exchange tours when such changes are agreeable to both, and there is no interference with police service. This privilege shall not be granted if Members affected are required to perform two (2) consecutive tours of duty. The necessary changes shall be entered upon the Roll Call when approved. The Commanding Officer shall submit a report setting forth the vacation periods of each of his civilian employees to the Deputy Commissioner at least thirty (30) days prior to such furlough period.
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ORGANIZATION
Article No. XIII
SUPERIOR OFFICERS
SUBJECT:
SUPERIOR OFFICERS
GENERAL
1. Superior Officers shall take precedence by seniority, i.e., date of appointment in present rank, unless otherwise ordered by proper authority. If the dates are the same, the position on the order announcing the elevation to present rank shall be the factor determining the seniority. The assigned senior officer present for duty in each subdivision of the force shall be in command of the subdivision unless otherwise ordered by competent authority. Every Superior Officer in the force, by these Rules and Regulations has sufficient authority to perform his assignment and any Superior Officer who is directed to act in a capacity of rank above his ordinary or unusual rank shall for that necessary time posses the authority of the rank. Every Member of the force has a Superior Officer, to wit, the next officer above him in the Chain of Command. All Superior Officers are accountable for the proper execution of every order, and therefore, are required to supervise the execution of every order, written regulation, oral instruction or delegation of authority. Supervisory personnel are accountable for the performance of employees under their immediate control.
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DUTIES AND RESPONSIBILITIES

4. Superior Officer shall be held for responsible for the effective performance of his assigned duties as detailed in the Department Manual of Procedures, Orders (written or oral), Memorandum or in the generally accepted and traditional customs of the Police Service. He shall convey the intent and spirit of Orders and Directives to all subordinate. A Superior Officer shall display personal and supervisory qualities that foster efficiency, discipline and morale in his subordinates. He shall set an example in sobriety, courtesy, initiative, courage, integrity, sincerity, decisiveness, judgment, fairness and devotion to duty. A Superior Officer shall be responsible to Members of higher rank and shall always follow through on his assignments to ensure that subordinates know and understand Department Policies, Procedures and Orders. A Superior Officer shall promptly obey all orders of his Commanding Officer and shall issue orders in a clear, concise and definite manner to his subordinates. He shall not issue any order that is unlawful or in violation of Department Rules and Regulations.
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ARTICLE XIII
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A Superior Officer shall conduct personal inspections at suitable intervals to determine that all assignments are performed as ordered, anticipated results are obtained; Department resources are fully exploited for the accomplishment of the police function; and that any apparent needs or operational deficiencies of the Department are revealed. A Superior Officer shall make immediate and impartial report to his Commanding Officer relating any incident which he is aware of that involves a violation of Law or Department Rules and Regulations by any subordinate Member or civilian employee of the Department. He shall similarly bring to the attention of his Commanding Officer any complaint lodged against any Member or civilian employee by another person.
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A Superior Officer shall make certain that subordinates observe regulations, obey orders and properly execute the details, assignments and functions of the Police Department and otherwise maintain high standards of discipline. A Superior Officer shall inspire confidence and industriousness in his subordinates by the use of tact in giving orders and by constructively correcting mistakes. He shall test understanding of instructions with care so that the subordinate will know in detail what he is to do and how he is to do it. A Superior Officer shall avoid, as far as circumstances may permit, the censuring of a subordinate in the presence of others and shall be fair and impersonal in evaluating the work of subordinates. He shall treat all subordinates with respect. A Superior Officer shall be responsible for the development and maintenance of proper professional attitudes in his subordinates in their dealings with the public. After the completion of his tour of duty, a Superior Officer shall report to his relief officer all the facts and conditions relative to police business that may be necessary so that the relief section coming on duty may know what police action has been taken and what remains to be done. Upon assignment, a Superior Officer shall assist at, be present for, or conduct Roll Call in accordance with specific orders of his commanding officer. A Superior Officer participating in Roll Call shall be held equally responsible with the Superior calling the Roll Call for the attendance of all subordinate personnel. He shall ensure the fitness for duty of all personnel and shall inspect their uniforms, weapons, and equipment. He shall be responsible that all special duty assignments, orders of instruction necessary for the proper performance of the police are carried out. Superior Officers will be held responsible that all Members of the Department are cognizant of the directives issued by the Commissioner and/or Deputy Commissioner. They will at various intervals ascertain if the Members are knowledgeable as to their contents.
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ORGANIZATION
Article No. XIV
DESK OFFICER
SUBJECT:
DESK OFFICER
PURPOSE: To define duties of Superior Officers assigned to Desk duty. 1. The Desk Officer has the responsibility of carrying out and ensuring that the Departments Policies, Regulations and Procedures are enforced after normal business hours in the absence of Staff Commanders. The ranking senior Patrol Supervisor on duty will assume this responsibility when circumstances require that a subordinate be assigned as Desk Officer. The Desk Officer or ranking Patrol Supervisor after normal business hours has supervision of all Members on duty and functional supervision of Members of other Units on duty during the absence of the Units Commander. He has the authority to oversee their performance in the accomplishment of their tasks and to immediately correct any derelictions he may discover. If a Superior Officer of another Unit is on duty and a conflict of orders or direction develops, the ranking Senior Patrol Supervisor on duty will have the authority to make the final decision. The Desk Officer post is within the Main Desk area of Headquarters. He shall not leave his post except for: personal necessity, official duty in Headquarters, urgent police business or for his meal period. At no time during his tour will a Desk Officer leave the confines of the Headquarters proper except in cases of emergency, at which time they shall receive permission of the Commanding Officer. When required to leave his post he shall place a competent Member in charge during his absence. He shall be in charge of the Main Desk and in the absence of Superior Officers or a Street Lieutenant; he shall be in command and assume the duties and responsibilities of the Patrol Commanding Officer. He shall perform such clerical duties as may be required to promptly and accurately record in authorized books and on proper forms all police business effecting his command.
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He shall not permit unauthorized persons within the confines of the Desk area. Desk Officer shall not permit anyone behind the Desk except the following when necessary in the performance of their official duty: Member of the Department, Mayor, and Judicial Officer. He shall receive complaints of persons and reports of Members of the Department and shall take appropriate action connected therewith and is responsible for the preparation of all reports. The Desk Officer shall bring to the attention of the Commissioner or Deputy Commissioner, or the Commanding Officer of the Patrol Division, all matters of importance or conditions requiring their attention. He shall be responsible for all reports being correctly completed and forwarded to the proper Division or Unit. He shall ascertain that all records and logs are properly kept in the Communications Room. He shall bring to the attention of the Patrol Division Commanding Officer any violations of the Rules and Procedures or any improper conduct by a Member of the Department under his jurisdiction. He shall notify the Commanding Officer of the Patrol Division of all unusual occurrences or important matters that may require his attention. In the absence of the Commanding Officer of the Patrol Division, when the Desk Officer receives information he has reason to believe that a Member of the Department is intoxicated, he shall immediately notify the Police Physician to examine into the condition of such Member. When a Member reports sick and is unable to perform his duty, the Desk Officer shall follow Department Procedures governing Members reporting sick. When a Member reports injured while on duty the Desk Officer shall follow Department Procedures governing Members Injured While on Duty. He shall cause all orders, messages, complaints and other pertinent information to be read at Roll Calls for the necessary accomplishments of the patrol mission. He shall have inspected the Members of the outgoing platoon to ensure that all are attired and equipped properly and present a neat appearance. If a Member fails to meet the standards he shall take the necessary steps to correct the condition immediately or prepare a report to the Patrol Division Commander. When a Member of the Patrol Division fails to report for duty on time, a report will be made by the Desk Officer and forwarded to the Patrol Division Commander.
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The Desk Officer shall make no erasure in any book or document of record connected with the Police Department. If such error is dedicated in such book or document, it is to be altered and corrected by drawing a line neatly across the entry and substituting the correction above it and initial entry. Desk Officer shall at all times be attired in regulation uniform unless otherwise directed by the Commissioner of Public Safety. Desk Officer shall channel any complaint, information or reports that relate to the business of any other City Department. He shall cooperate with such Department whenever possible and not inconsistent with police. When a crime has been committed under circumstances, which indicate it might have been prevented by a Member of the Department, under his jurisdiction, the Desk Officer shall notify the Commanding Officer of the Patrol Division, of the facts. If the Patrol Division, Commanding Officer, or Patrol Lieutenant is not available, the Desk Officer shall assign a Superior Officer to investigate the incident and submit his report through the chain of command. Desk Officer shall maintain in a pleasant courteous and dignified attitude. He shall accord respect, courtesy, sincerity and patient attention to all persons calling at headquarters on police business. He shall be responsible for the observance of the properties of military courtesy and deportment of members under his jurisdiction who answer roll call and for the inspection of members prior sending them on duty. The Desk Officer shall be responsible for the efficient operation of the Communication Room shall make periodical checks to ascertain that procedures are being adhered to. In an emergency, the desk officer shall take command of the Communications Room. The Desk Officer is responsible for the operation of the Police Lock-Up, including but not limited to all aspects related to persons and their property that come into police custody. He is responsible for the safety, health, and appropriate level of supervision of all prisoners. He is responsible for safeguarding of all prisoners property and evidence ensuring that property is properly logged and documented in established department logs. He is responsible to ensure that searches of prisoners are properly conducted. He is responsible for the movement of Members of the Department and prisoners inside and outside the Police Lock-Up.
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ORGANIZATION
Article No. XV
PATROL OFFICERS DUTIES

SUBJECT:
PATROL OFFICERS DUTIES
PURPOSE: To describe the duties of Patrol Officers.
DEFINITIONS: For the purpose of this chapter the term MEMBER/MEMBERS shall hereinafter refer to the Uniform Members of the Department who assigned to patrol duties. PATROL OFFICER: GENERAL DUTIES: 1. Members have the general duties and responsibilities of all Members of the Department and other such specific duties as herein prescribed.
APPOINTMENT: 2. Members shall be appointed for a probationary period of eighteen (18) months. If the conduct or capability of any such Member shall be found unsatisfactory, such Members shall be so notified by the Commissioner that he will not be retained for such reason.
PATROL DUTIES: 3. 4. Members shall at all times maintain an alert and business like manner. In so far as possible, a Member shall not patrol his Post/Sector according to any fixed route or schedule but shall alternate frequently and backtrack in order to be in the location least expected. He shall not conceal himself except for some specific police purpose. A Member shall proceed to his assigned post/sector immediately after Roll Call without unnecessary delay.
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ARTICLE XV 6.
PAGE 2 OF 6 Members assigned to foot posts shall patrol the post assigned to him and not use private or public transportation facilities, unless necessary in performing his duties or when authorized to do so. In such cases a report will be made stating reasons and or authority. A Member shall inspect his Post/Sector as soon as possible and note any condition requiring police attention. Failure to report and take appropriate action in connection with any act or condition, which requires police attention, shall be regarded as neglect on duty. Be constantly alert, observing everything that takes place within sight or hearing. Familiarize himself with the location of fire alarm and public telephones on his Post/Sector. Shall notify the Desk Officer of the number and location of any streetlights, traffic lights, firelights that are not lighted, also such streetlights that may be lighted during the daylight hours. Report all traffic control devices in need of repair or stanchions not in proper place or not lighted if required. Report to the Desk Officer any crime, accident or anything of a dangerous nature or likely to occasion public inconvenience or anything irregular or offensive. Become acquainted by sight with all persons living, frequenting or doing business on his Post/Sector. Learn the time of closing of business places. Be particular to note the time all persons of known bad character frequent his Post/Sector. While on patrol, especially at night examine all doors, low windows, area ways, area gates and gratings of buildings on his Post. Investigate all suspicious circumstances. Maintain an up-to-date list of vacant and unoccupied houses on his Post/Sector and visit each as often as possible during his tour to determine if each is secured and report those that are not secure and report those that have been reoccupied. Answer Roll Call or special assignments as required on time. Failure to report or reporting late shall be deemed absent without leave. Give his name and shield number to all persons upon request.
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Not walk together nor converse with each other while on Post, except to communicate information pertaining to the Department and such conversations shall be as brief as possible unless otherwise ordered. Shall not leave his Post/Sector, during his tour of duty, except with the permission of the Desk Officer, Dispatcher, or his Superior Officer or upon urgent police business requiring
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his immediate attention, nor shall he enter any building except when necessity requires or in the performance of his duty. He shall not, however, refuse to give the assistance in the protection of persons and property on or near his beat if called upon in any case requiring immediate attention. 23. When a Member of the Department requests a personal for meals or personal necessity, he must: A. B. C. Obtain permission from the Desk Officer or Street Supervisor; Designate location where he is going; Make entry in Official Memorandum Book as to time started, time completed and location of personal; At no time shall a Member leave the confines of his Post/Sector for a personal unless such personal would not be possible within his Post/Sector boundaries. Of this condition exists he must seek approval of the Sreet Supervisor.
D.
24.
A Member of the force on patrol shall, whenever practical, transact business with Headquarters by telephone. Members of the Patrol Force are equally responsible with Members of the Traffic Unit for enforcing Vehicle and Traffic Laws and other regulations and laws relating to vehicle and pedestrian traffic. At a location where large crowds are assembled, Members shall preserve order and prevent the commission of crimes, the blocking of traffic and the destruction or damaging of property. Give particular attention to streets of heavy traffic flow that utilizes automated traffic control devices and stop signs. The responsibility of Member enforcement of traffic ordinances and regulations is as great as in the enforcement of other ordinances. Members failing to take appropriate action upon view of a traffic violation are subject to the same disciplinary action as for any other neglect of duty.
25.
26.
27.
ARTICLE XV 28.
PAGE 4 OF 6 Take notice of all nuisances, impediments, obstructions, defects or other conditions, in or adjacent to the streets, alleys and public places, which tend to endanger the health, safety or convenience of the public. He shall notify Headquarters of violations. He shall be constantly on the alert for vehicles that have been stolen or used in the commission of a crime or that are improperly operated or illegally parked. When a door or window is found open under suspicious or unusual circumstances on any tour of duty, the officer shall make a thorough investigation and determine, if possible, whether a burglary or other crime has been committed and whether the door or window can be secured. He shall, if necessary, summon assistance to examine the premises and to secure such doors and windows. He shall notify his immediate Supervisor when any door or window is secured in the absence of the owner, if such person cannot reach. On discovering that a forced entry has been made into a building whose security he is checking, Members should not enter the establishment but should summon assistance and cause notification of a Supervisor, and stand guard to capture the criminal, should he appear. When the building is suitably surrounded, it should be entered and searched. A Member shall advise merchants regarding suitable crime prevention measures, such as; leaving night lights burning over or near safes; barring rear doors; installing alley lights when desirable; removal of valuable merchandise from display windows at night and other security measures. A Member shall carefully investigate all complaints on his post/sector which are assigned to him or which are brought to his attention by citizens. He shall take police action in those cases, which come under the jurisdiction of the Police Department and inform interested parties of law or ordinances relative to the complaint. If the legal remedy of the complaint lies outside the jurisdiction of the Police Department and inform interested parties of law or ordinances relative to the complaint. If the legal remedy of the complaint lies outside the jurisdiction of the Police Department, he shall advise the complainant accordingly and refer him to the proper authority. Upon sight or receipt of information from any source of a usual or serious accident, crime or other occurrence requiring police attention, a Member shall immediately notify communications and respond and give such assistance or take such police action as the circumstances may require. He shall also conduct such investigation and submit such reports as may be required. At scenes of major crimes, where it has been established that the perpetrator is not present, Members not assigned shall not enter the premises or do any thing that may interfere with the investigation or destroy evidence. The patrol car first assigned, or the Superior Officer will be in charge.
29.
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ARTICLE XV 36.
PAGE 5 OF 6 The first duty of a Member at the scene of a homicide is to guard the scene, exclude all unauthorized persons and detain all witnesses for interrogation. Members shall not touch or permit others to touch anything in such a manner that latent fingerprints or other valuable evidence might be destroyed. Members shall, as far as possible, patrol in the vicinity of parks and school buildings for the purpose of investigating suspicious persons who may be loitering about the premises or engaging school children in prolonged conversation. Motor Patrol dispatched to a building or other location where criminals are reported to be operating should approach the scene and surrounded the premises as quietly as possible. The first Member at the scene should cover the avenue of most likely escape, which will usually be the rear, standing at one corner where two sides of the building are visible. The second officer should take a position at the diagonally opposite corner so that each may cover two sides of the building. The post officer is in charge of the operation unless the Patrol Sergeant or officer of higher rank is at the scene. In approaching, the Members may meet the criminal leaving the crime scene; they should, therefore, observe all persons and vehicles, noting license numbers when possible. During the search of the building in which a criminal is supposed to be hiding, the officer should hold his flashlight away from his body when using it; the criminal may shoot at the light. When the door of a room is found closed, the officer should open the door an inch and then, with the flashlight and gun ready, he should give the door a quick and forceful shove with his foot so that it will strike against the wall and thus detect anyone hiding behind it. The officer should, at the same time, step back and listen before entering the room. If a noise is heard, he should crouch and avoid use of his flashlight while he takes stock of the situation. He should close each room after searching to prevent the criminal entering and hiding in a room already searched. The crew of Radio Motor Patrol car will consist of one or more officers in a car that shall be responsible for the recording of alarms and messages and the answering of calls assigned to them. The crew of a Radio Motor Patrol car shall constantly patrol, unless actively engaged in some particular police duty or unless they are reported out of service officially. Members assigned to radio cars shall operate them at a moderate rate of speed and must conform to all traffic regulations. In emergencies, responses shall be made as quickly as possible consistent with careful driving in accordance with Department Emergency Response Procedures. Members shall drive in a manner that will enable them to observe any condition or situation that may require police action.
37.
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ARTICLE XV 45.
PAGE 6 OF 6 Members of the Department assigned to operate a motor vehicle are accountable for the proper care of such vehicles and equipment assigned to them. They shall not transfer the particular vehicle assigned to them without definite orders. They shall not change standard equipment furnished by the Department nor add thereto or take anything there from. They shall not leave their vehicles unattended, except when necessary in the performance of police duty or by permission of the Superior Officer on duty. If a vehicle has to be left unattended at any place other than Headquarters for any reason, the operator (s) must notify the Superior Officer and the Desk Officer and make an entry in his Memorandum Book. No vehicle should be left unattended for a period longer than necessary. If a vehicle becomes unserviceable Members shall notify Headquarters immediately. When a Member exits a vehicle, the keys shall be removed. If the vehicle is left unattended, he shall lock the vehicle. Officers assigned to vehicles shall inspect their vehicles carefully before going on duty and report on its condition on report forms provided. The interior of the vehicles shall be kept clean at all times. At the beginning and end of each tour and when placing a spare in service Members shall check the interior of the vehicle (under front and rear seats) for contraband (any found contraband must be immediately reported). A search will also be conducted immediately after any civilian has been an occupant of said vehicle. Serving of the vehicles shall be done at the City garage (gas, etc.) unless in an emergency this cannot be accomplished. If this is done a report shall be made to the Desk Officer or the Superior Officer with full details. When reporting off duty, the car shall be driven to Headquarters at the expiration of the tour of duty and the operator or crew shall remain in the car until properly relieved. No Member of the Department shall allow any unauthorized person to ride in any vehicle assigned to them, except for police reasons, with permission from a Superior Officer or Desk Officer except where the exigencies of police service require; transportation of witnesses for the purpose of searching a crime scene, transportation of complaints, lost persons and others to headquarters. Members shall promptly answer and execute all orders from the dispatcher.
46.
47.
48.
49.
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52.
53.
ORGANIZATION
Article No. XVI
ADMINISTRATIVE AIDE
SUBJECT:
ADMINISTRATIVE AIDE:
1.
The Administrative Aide shall have the responsibility of providing the equipment needed by the Department to enable it to function without being hampered by shortages. He shall be the liaison between the Department and the Comptroller for the purpose of attaining needed equipment and supplies and in the coordination of related financial matters. He shall make available to the Commissioner pertinent records and recommendations that are necessary or may be required to meet operational needs of the Department.
2.
3.
ORGANIZATION
Article No. XVII
PERSONNEL CLERK
Page 1 of 1 Revised 7/14/04
SUBJECT:
PERSONNEL CLERK
PURPOSE: To establish a position within the Department structure having the responsibility for the maintenance of all records and matters relating to personnel. The Personnel Clerk shall be situated under the jurisdiction of the Support Services Division on the Organizational Chart. DUTIES: 1. Generally, the duties of the Personnel Clerk shall be: A. B. C. D. Maintenance and supervision of personnel folders. Maintenance and supervision of medical folders. Maintenance and supervision of payroll records. Maintenance and supervision of compensatory, overtime, and personal leave records. Maintenance of sick records. Supervision of personnel on sick or injured status. Shall act as liaison between Civil Service and the Department relating to all applications for employment. Prepare and submit all necessary monthly personnel reports for the Department. Any other duties assigned by the Chief of Police.
E. F. G.
H.
I.
ORGANIZATION
Article No.XVIII
DUTIES OF THE DETENTION AND TRANSPORTATION SERVICES UNIT

SUBJECT: DUTIES OF THE DETENTION AND TRANSPORTATION SERVICES UNIT PURPOSE: The purpose of this order is to establish procedures, which will promote the safety and welfare of prisoners and escorting officers during transportation to and from Headquarters and other facilities, and to provide guidelines for the security of prisoners, police officers, and the public during court appearances.
POLICY: It shall be the policy of this Department to safely provide adequate and secure transportation and escorts of prisoners by the Department personnel, which will not endanger personnel, prisoners, or the public.
PROCEDURE: 1. Prisoner Searches. A. Every prisoner, prior to being transported, will be searched for weapons and contraband by the transporting officer. This search will include, but is not limited to: (1) (2) A pat of all body and clothing surfaces; A search of all clothing pockets, shoes, purse, etc., where a weapon or contraband could be readily accessible or concealed. Whenever assuming responsibility for a prisoner, the receiving officer shall search the prisoner again.
(3)
B.
Female prisoner searches should be conducted so as to avoid any appearance of impropriety, with the utmost regard to decency and privacy. (See Department Procedure for Searching Prisoners.
ARTICLE XVIII
PAGE 2 OF 3
C.
Prisoners shall be searched each time they come into the transporting officers custody, including transport to and from court appearances, or from one facility to another.
2.
Restraining Devices. A. Generally, all prisoners will be handcuffed, the exception being where the age, infirmity, injury, or other handicap condition renders the prisoners relatively harmless. Prisoners will be secured to the chain, double cuffed, and double locked. All loose handcuffs will be locked and secured to the chain so as to protect members and prisoners from possible injury. Prisoners shall not be handcuffed to any part of the transportation vehicle.
B.
C.
3.
Transportation Vehicle. A. Prisoners shall generally be transported by a prisoner van unless a van is unavailable and shall be for an extended period of time. Transporting officers shall ensure that the transport vehicle is operating properly and is mechanically fit for transporting prisoners. This vehicle check shall be completed at the beginning of each tour as part of the officers vehicle inspection responsibility. Members shall search the transportation vehicle before and after transporting any prisoner as well as at the beginning and end of each tour of duty. Prisoners shall only be transported in the rear of the van specifically designed for that purpose. (1) Female prisoners shall be placed in the separate area designed to segregate them from the male prisoners. Female prisoners shall be transported with a female officer. If a female officer is not available, two (2) male officers shall transport.
B.
C.
D.
(2)
E.
Transporting officers shall maintain proper supervision of prisoners at all times and shall not loose sight of prisoners during transport. To prevent injury to handcuffed prisoners in the event of an accident or an emergency stop, seatbelts shall be used whenever possible. No smoking in transportation vehicle, while occupied by prisoners.
F.
G.
ARTICLE XVIII
PAGE 3 OF 3
H. I. J.
AM/FM radio shall not be used while transporting prisoners. Police radios must be left on at all times while van is occupied. If a disturbance occurs during transport of prisoners, officers shall immediately notify Headquarters of the problem and the vehicles location and shall take all necessary action to correct the condition without compromising the safety and security of the officers, prisoners and the public.
4.
Sick or Injured Prisoners. A. See Department Procedures listed in this manual re: (1) (2) Prisoners requiring medical/psychiatric treatment. Communicable Diseases.
5.
Escape of Prisoners. A. See Department Procedures listed in this manual re: Escaped Prisoners.
ORGANIZATION
Article No. XIX
PRISONER ATTENDANT
SUBJECT: PURPOSE:
PRISONER ATTENDANT
To establish a position within the Department structure responsible for escorting, care and safekeeping of prisoners while incarcerated in cells at the Mount Vernon Police Headquarters/Court Facility lockup. 1. The Prisoner Attendant shall be under the jurisdiction of the Support Services Division PRISONER ATTENDANT: 2. Generally the duties of the Prisoner Attendant shall be: A. B. C. D. E. F. G. H. Maintenance of Department Jail Form; Maintenance of Prisoner Transportation and Meal Report; Maintenance of Cell Block Damage and Equipment Log Book; Escorting, Care and safekeeping of prisoners; Care and safekeeping of prisoners property within cell block area. Serve meals to prisoners; Maintain record of visitors in Transportation Log Book. Periodically make inspections of prisoners; Responsible for the good order of the cell area keeping corridors and cells clear of obstruction. J. Responsible to report any and all damage or non- functioning equipment in cellblock area. Render first aid treatment to prisoners; Assist Desk Officer on booking procedures and any related duties. Any other duties as designated by the Police Commissioner.
K. L.
M.
ORGANIZATION
Article No.XXII-5
TECHNOLOGY SERVICE UNIT

Page 1 OF 2 Revised
SUBJECT: TECHNOLOGY SERVICE UNIT The Technology Services Unit is responsible for providing technical services to the Department as well as procuring grant funding. 1. The Technology Service Unit shall be situated under the Support Services Division on the Organizational Chart. UNIT COMMANDING OFFICER The Unit Commanding Officer has full cognizance and jurisdiction over the administration, deployment, discipline, and direct supervision of all personnel assigned to the Technology Services Unit. The Commanding Officer is responsible for the efficient operation and performance of the Unit. COMPUTER SERVICES UNIT The Computer Service Unit is responsible for those tasks and duties relating to the computer system, specifically the purchase, installation, daily maintenance, and repair of the Departments computer hardware and software, the maintenance of security and integrity of all electronic records, the preparation of detailed reports stemming from those electronic records with respect to Department activity and the research, and development of new technological enhancements relating to the computer. COMMUNICATIONS SERVICES UNIT The Radio Technician is responsible for the purchase, maintenance, and repair of the Departments Radio Communication System, the maintenance of the Departments telephone system, and the purchase, maintenance and repair of other specialized equipment. This includes base station, comparators, and consoles, transmitting and receiving sites, mobile radios, portable radios, light bars, sirens, spotlights, mobile surveillance equipment, MDTs, etc. RESEARCH AND GRANTS UNIT The Research and Grants officer is responsible for coordinating efforts within the Department for those commands wishing to obtain grant funding and assist the Departments Commanding Officers in the development of
ARTICLE XXII-5
PAGE 2 OF 2
programs for which grant funding will be requested, as well as ensuring that funds are expended, in a timely fashion, in accordance with grant guidelines.
ORGANIZATION
Article No.XXIII
CEREMONIAL UNIT
Date Issued 1/4/93 Effective 1/18/93 History OPS-8917
SUBJECT:
CEREMONIAL UNIT
PURPOSE: To establish a Department Unit that will render Department Honors at official ceremonies, parades and funerals as directed by the Commissioner of Public Safety.
PROCEDURE: 1. The Unit will be composed of as many Members as deemed necessary by the Commissioner in order to carry out the mission. While Members may be from any Division, they will be under the command of the Commanding Officer of the Support Services Division while in this capacity. All Members will be thoroughly versed in all tactical functions of the Unit including Honor Guard, Color Guard, Firing Detail, Funeral Detail and Pall Bearer. An adjutant will be appointed within the Unit to assist the Commanding Officer of the Support Services Division with the training, coordination and execution of duties. All Members will be required to meet the grooming standards of patrol personnel.
2.
3.
4.
ORGANIZATION
Article No XXIV-1
RADIO TECHNICIAN
SUBJECT: RADIO TECHNICIAN 1. The Radio Equipment Repair Unit Technician shall be under the supervision of the Commanding Officer of the Support Services Division. He shall install, repair and maintain in satisfactory operating condition all radio equipment of the Department, ensuring that the police radio equipment conforms to the Rules and Regulations of the Federal Communications Commission. He shall also install , repair and maintain all recording, amplifying and intercom systems in use in the Department. He shall be responsible for the procurement, storage and security of all radio and electronic equipment repair and replacement parts.
2.
3.
4.
He shall be on call twenty-four (24) hours a day unless otherwise relieved by some properly authorized person.
ORGANIZATION
Article No. XXV
HONOR BOARD
SUBJECT:
HONOR BOARD
PURPOSE:
To establish policy for the review of Honor Award applications for acts by Members deserving Departmental recognition.
POLICY:
1. The Honor Board shall consist of the following Members of the Department: Commissioner Deputy Commissioner Chief of Police Departments Executive Officer Commanding Officer Patrol Division Commanding Officer Detective Division Commanding Officer Support Services Division
2.
Members of the Honor Board shall meet once every three (3) months to review all Honor Award applications concerning Members of the Department. Requests for consideration for an Honor Award shall be made on an MV-93 Supervisors Report and marked Honor Award Application.
3.
SUPPORT SERVICES DIVISION 4. The administration processes concerning the receiving and processing of applications, and the recording of results, and the presentation of awards shall be the responsibility of the Commanding Officer of the Support Services Division.
ORGANIZATION
Article No.XXVI-1
TACTICAL EVALUATION BOARD

SUBJECT:
TACTICAL EVALUATION BOARD
PURPOSE: To formulate operational plans. MEMBERS: 1. Tactical Evaluation Board: A. B. C. D. E. DEFINED: 2. Tactical Evaluation and Planning Board for police operations requiring stakeout, large-scale raids, hostage situations, etc. Deputy Commissioner; Chief of Police; Commanding Officer of the Patrol Division; Commanding Officer of the Detective Division; Commanding Officer of the Support Services Division
RESPONSIBILITY: 3. To ensure and take into consideration PREVENTION, of the CRIME, SAFETY of all POLICE PERSONNEL and PERSONS in the area; SAFETY of the VICTIM, PROTECTION of PROPERTY.
PROCEDURE: 4. Board recommendations and plan after completion shall be submitted to the Commissioner of Public Safety for final approval. Field operation of the approved plan will be under the command of the Commanding Officer of the Patrol Division. Upon the Members arrival on the scene, he/she shall be in charge of the operation.
5.
ORGANIZATION
Article No.XXVII
CIVIL DEFENSE AUXILIARY POLICE

SUBJECT:
CIVIL DEFENSE AUXILIARY POLICE
PURPOSE: To establish policy within the Department for coordinating assignments of Civil Defense Auxiliary Police Personnel. DUTIES: 1. The primary duty of the Civil Defense Auxiliary Police, while on patrol, is to act as the eyes and ears for the police function. They shall be alert for crimes in progress, persons suspected of crimes, persons acting suspiciously, or any other emergency condition, which requires immediate police attention. When such activity or conditions are observed they shall immediately notify the Communications Unit. Other duties shall include traffic control and crowd control for parades, ceremonies, and social events. They SHALL NOT be used in situations where active hostilities are anticipated or are in progress, except as outer perimeter traffic control. CIVIL DEFENSE AUXILIARY POLICE ARE NOT AUTHORIZED TO CARRY ANY WEAPONS, INCLUDING NIGHT AND BILLY STICKS.
2.
3.
PROCEDURES: 4. When assigned to patrol, Auxiliary Police shall: A. B. C. D. E. Patrol in pairs only; Patrol on foot posts only; Be assigned one (1) police radio per team; Patrol only in their prescribed uniform Patrol only their assigned post(s).
ARTICLE NO. XXVII
PAGE 2 OF 2
PATROL DIVISION: 5. Auxiliary Police assignments shall be made through the Patrol Division office only. Times, assignments, and patrol boundaries shall be added to Roll Calls by the Patrol Division office in advance of any such assignments. If Roll Calls do not reflect that Auxiliary Police personnel are scheduled, then they shall not be permitted to work.
ORGANIZATION
Article No. XXVIII
POLICE APPLICANT INTERVIEW BOARD

SUBJECT:
POLICE APPLICANT INTERVIEW BOARD
PURPOSE: The Mount Vernon Police Department, in order to provide the City with highly qualified personnel as Police Officers, has established a pre-appointment Interview Board to be known as the Police Applicant Interview Board.
PROCEDURE: 1. This Board will consist of the following: A. B. C. D. E. F. 2. Commissioner of Public Safety Deputy Commissioner of Public Safety Chief of Police Commanding Officer, Support Service Division Commanding Officer, Patrol Division Commanding Officer, Detective Division
For the purpose of interviews with applicants, at least three (3) members designated above will constitute a quorum but in no instance shall such interviews be held without the presence of the Commissioner of Public Safety presiding. The duties of the Board will be: A. B. C. D. E. Study qualifications of applicant; Arrange for applicant interviews; Conduct interviews; Evaluate applicant record; Make recommendations to the Commissioner of Public Safety relative to applicant.
3.
4.
The Personnel Officer will be responsible for the preparation and notification of the applicants. All reports relative to applicants that have been accepted for employment will be forwarded to the Personnel Officer for filing.
5.
ORGANIZATION
Article No. XXIX
EMPLOYEE ASSISTANCE PROGRAM

SUBJECT:
EMPLOYEE ASSISTANCE PROGRAM
PURPOSE:
The goal of this program is to provide a confidential process for early identification, intervention, assessment, referral and follow-up for employees whose personal problems may affect job action.
E.A.P. STAFF: 1. The E.A.P. will provide law enforcement officers with an objective and nonjudgmental resource, which will facilitate referrals and provide support for officers who are apprehensive about seeking E.A.P. services. Internal coordinators will counsel employees by generally provide information about the E.A.P. process so that help is available to law enforcement personnel and their families for problems that interfere with their ability to function appropriately on the job. Such problems may jeopardize the safety and well being of the officer and other persons. The E.A.P. does not affect standard Departmental practices relating to unsatisfactory job performance nor does it result in special regulations or privileges. E.A..P. staff are available to assist in referring employees to the program in conjunction with or as an alternative to Departmental action based on unsatisfactory performance criteria. The special nature of law enforcement work and personal safety is taken into account when granting sick or other paid leave in accordance with contractual agreements. Officers may be granted a leave with/without pay at the Departments discretion to undergo a prescribed confidential program.
2.
3.
4.
5.
6.
ARTICLE XXIX
PAGE 2 OF 2
7.
The E.A.P. coordinator can be contacted twenty-four (24) hours a day. The Department member designated for coordinator and the telephone number can be obtained from the Desk Officer. If the coordinator cannot be reached in an emergency, the P.B.A president or representative can be contacted.
MEMBERS: 8. Employees and their families are encouraged to voluntarily seek E.A.P. services. Participation in the program will not jeopardize the employees job security or promotional opportunities.
9.
No law enforcement officer who sincerely seeks assistance with any personal problem will be turned away, regardless of the nature or magnitude of the problem.
A.
Due to the sensitive role that the law enforcement officer plays in our society, and because of other legal ramifications, this program policy will not and cannot cover a personal problem involving an illegal substance.
10.
An officer designated to be on E.A.P. leave would be required to secure his firearms for safekeeping in the Support Services Division. Upon completion of E.A.P. leave an officer will be required to submit to the Police Commissioner, through the E.A.P. coordinator, a written statement from a doctor indicating that the officer has been examined and is able to return to duty. This statement must also stipulate if the officer can or cannot carry his/her firearm.
11.
ORGANIZATION
Article No. XXX
GOALS AND OBJECTIVES

Page 1 OF 1 Revised
SUBJECT:
GOALS AND OBJECTIVES
POLICY: The principals of management shall guide this Department by objectives. In order to achieve, these principals the management staff shall set Goals and Objectives for each of their Divisions. Therefore, all Members of our organization shall be apprised of Department Goals and Objectives, and the methods by which these Goals and Objectives will be accomplished. The greater the understanding of what the Department hopes to accomplish, the greater the chances for success. It shall be the policy of this Department that Division Commanders submit to the Commissioner of Public Safety, through the chain of command, their Goals for the forthcoming year. These Goals shall be submitted along with the Divisions Annual Report.
PROCEDURE:
1. No later than February 1st of each year, the Commissioner of Public Safety shall conduct a staff meeting to examine and evaluate the following: A. B. Annual Report of Division activities for the previous year. An assessment on whether or not the Division succeeded in obtaining its Goals and Objectives during the previous year. Goals and Objectives for the coming year, and the rationale behind how they were set. The Commissioner, to more accurately reflect the global position of the Department concerning all Divisions, may modify the Goals and Objectives.
C.
2.
By June 30th of each year, Division Commanders shall, through the chain of command, submit a report to the Commissioner of Public Safety on the progress towards these Goals. All Members of the organization shall be advised via Interim Orders of the Department Goals and Objectives when promulgated by the Commissioner of Public Safety. By July 15th of each year , all Members of the Department shall be advised (by Interim Order) of progress made toward achieving stated Goals and Objectives by the Commissioner of Public Safety.
3.
4.
5.
All Members shall strive to achieve the Goals and Objectives set forth by the Commissioner of Public Safety.
ORGANIZATION
Article No. XXXI
IN-SERVICE TRAINING PROGRAM

Page 1 OF 2 Revised
SUBJECT:
IN-SERVICE TRAINING PROGRAM
PURPOSE: In order to insure that training remains a continuous process throughout a Members career the Mount Vernon Police Department has established the In-Service Training Program. Under direction of the Training Unit, this program will include a minimum of 21 hours of instruction annually in the following areas; firearms, use of force, use deadly physical force and legal updates.
TRAINING: 1. Patrol Division uniformed Police Officers assigned to patrol duties shall receive 40 hours of In -Service training per year. All other sworn Members of the Department shall receive 21 hours of In- Service training per year. This training MUST include, but not be restricted to the following instruction; FIREARMS, LEGAL UPDATES, USE OF PHYSICAL FORCE/DEADLY PHYSICAL FORCE. 2. Attendance is mandatory for ALL Members of the force in the following subjects: A. A. B. 3. Firearms; Use of physical force/deadly physical force; Legal updates.
It is mandatory that all Supervisors receive annual training in supervisory and managerial skills. This may be accomplished through the use of: C. D. E. F. G. College courses; Private industry; Professional seminar; Video tapes; Other accepted means of instruction.
4. All offices assigned to a specialized unit such as Detectives, CIU, Radar, ESU or Special Weapons must attend training programs that are job specific to their assignment as soon as one is scheduled. An untrained officer may not fill those assignments that require certification for court presentation or public safety. It is the responsibility of all officers
ARTICLE XXX
PAGE 2 OF 2
assigned to these units to satisfy all re-certification mandates in order to retain their assignment. 5. The Training Unit shall be responsible for the development and management of the In- Service Training Program. A. Selection and Development of Instructional Material The Members of the Training Unit shall: 1. 2. 3. Select, develop and compile the subject matter to be taught. Prepare basic lesson outlines and other instructional material. Actively seek out and research current training material and techniques. Schedule cycle training as necessary. Distribute instructional material as necessary for specialized training updates.
4. 5.
B.
Training Records 1. It is the responsibility of the Training Unit to keep a complete and accurate training history for each Member of the Department. This will be accomplished by use of a computer database.
ORGANIZATION
Article No.XXXII
EMERGENCY SERVICES UNIT

Date Issued 9/16/94 Effective 9/16/94 History ART XI
Page 1 OF 3 Revised
SUBJECT:
PURPOSE: CHAIN OF COMMAND The Emergency Service Unit shall be under the jurisdiction of the Patrol Division on the Organizational Chart. PERSONNEL Only trained and designated personnel will be assigned to Emergency Services duties and operate Emergency Services vehicle(s) and equipment. Personnel requesting assignment to the Emergency Services Unit (ESU) must meet specific criteria set forth by the Commanding Officer, with approval of the office of the Chief of Police. Standards may include, but not limited to, physical agility, appearance, job knowledge, minimum years of service, and firearms proficiency. DISPATCHED CALLS FOR SERVICE The Emergency Services Vehicle will not be used for routine back up. When available the Emergency Services Vehicle will be dispatched to the following calls for service: 1. 2 3. 4. 10-30 Robbery in Progress (firearms involved); 10-31 Burglary in Progress (forcible entry, complex premise search, or other extraordinary circumstances) 10-47 Investigation (shots fired, firearms involved, or bomb threat 10-50 Accident/Property Damage (unusual circumstances i.e. hazardous materials, involvement for identification and evaluation, extrication and/or evacuation of occupants); 10-51 Accident/Personal Injury; 10-52 Aided Case; 10-58 Tree Down; 10-59 Wire Down (for identification and evaluation); 10-65 Holdup Alarm; 10-79 Police Service Call (Emergency Services required); and 10-85 Additional Unit (Emergency Service requested).
5. 6. 7. 8. 9. 10. 11.
ARTICLE XXXII
PAGE 2 OF 3
TACTICAL OPERATIONS Emergency Services trained and designated personnel, vehicle(s), and the Department for all tactical operations may utilize equipment. These operations shall include, but are not limited to: 1. 2. 3. 4. 5. All tactical aspects of hostage negotiations; All tactical aspects of dealing with emotionally disturbed persons relative to containment and preparation for transport; All tactical aspects of barricaded situations; All pre planned search warrants where forcible entries are anticipated and/or special tactics are anticipated; and Counter terrorism duties.
In the event ESU is utilized, a Superior Officer from the Patrol Division will be notified and respond appropriately, if necessary. Tactical planning will be coordinated with a Detective Division supervisor and additional manpower needs evaluated. ESU will be responsible for the entry and securing of the suspect premise and then will relinquish control of the scene to the Detective Division superior officer. NOTE: WHEN EMERGENCY SERVICES PERSONNEL ARE ENGAGED IN AN EMERGENCY OPERATION, SUPERVISORS SHALL HAVE DISCRETION OVER THE TACTICAL METHODS EMPLOYED. HOWEVER AT THIS TIME, IN SITUATIONS THAT REQUIRE A TECHNICAL OR TACTICAL EXPERTISE THAT THE SUPERVISORS DO NOT POSSESS, SUPERVISORS SHOULD DEFER TO THE JUDGMENT OF THE EMERGENCY SERVICES PERSONNEL. CRIME SCENES Emergency Services trained and designated personnel, vehicle(s), and Detective Division supervisors at crime scenes for the following may utilize equipment: 1. 2. 3. 4. Searching for evidence; Emergency lighting; Forcible entries; and Relating procedures.
NON SPECIFIED AREAS Emergency Services trained and designated personnel will be utilized in all instances where their specialized training and equipment would assist the Department in carrying out the Police Mission. PRIMARY PATROL BOUNDARIES When not actually handling calls for service, Emergency Service vehicle(s) will patrol City wide.
ARTICLE XXXII
PAGE 3 OF 3
ROUTINE ACCOUNTABILITY AND MAINTENANCE Emergency Services vehicle(s) and equipment will be accounted for on all tours of duty. Additionally, a weekly inventory will be carried out during the Sunday day tour. Emergency Services vehicle(s) and equipment will be cleaned and routine maintenance carried out also during the Sunday day tour.
ORGANIZATION
Article No.XXXIII
MOTORCYCLE UNIT
Page1 OF 2 Revised 4/1/06
SUBJECT:
MOTORCYCLE UNIT
PURPOSE: To outline duties and responsibilities of the Motorcycle Unit, and define situations for its utilization. 1. The Motorcycle Unit shall be situated under the jurisdiction of the Patrol Division on the Organizational Chart.
DUTIES: 2. Generally the duties of the Motorcycle Unit shall be: A. B. C. D. E. F. G. Traffic enforcement; Parking enforcement; Supervision of taxicabs and tow trucks which are licensed by the city; Funeral and/or dignity escort; Ceremonial functions; General patrol duties; Any other duties as designated by the Police Commissioner
REQUIREMENTS: 3. Prior to assignment to Motorcycle Unit: A. 4. Valid New York State Motorcycle Operators license.
Subsequent to assignment to Motorcycle Unit:
ARTICLE XXXIII
PAGE 2 OF 2
Current and/or recurrent training, as soon as such training becomes available, in Law Enforcement approved course in the tactical operation of Police Motorcycles. SUPERVISION: Generally members assigned to the Motorcycle Unit shall be responsible directly to the Unit Commanding Officer, however, during hours of operation when the Unit Commanding Officer is not on duty, Members so assigned shall be responsible to the Patrol Supervisor(s) on duty. VEHICLES: 1. The Motorcycle Unit shall have assigned to it a number of motorcycles and patrol cars as may be determined by the Commissioner to be necessary for the efficient operation of the Unit. Such motorcycles and patrol cars shall be equipped in a common police package manner. Members assigned to the Motorcycle Unit shall be accountable for the care and maintenance of such vehicle and the Unit Commanding Officer shall be responsible that the Members of the Unit properly maintain the vehicles. Limitations on usage of motorcycles shall be as weather and road conditions are such as to render the use of motorcycles impractical or dangerous, the patrol cars assigned to the Unit shall be used instead. Additionally, the Unit Commander shall use patrol for radar speed enforcement upon determination.
2.
3.
4.
5.
ORGANIZATION
Article No. XXXIV
POLICE BICYCLES
Page 1 OF 1 Revised
SUBJECT: PURPOSE:
POLICE BICYCLES
To establish guidelines for the qualifications, operation and deployment of Police bicycles. NOTE: Any Division can deploy Bicycles, provided the Member is bicycle qualified as stated below.
QUALIFICATIONS:
A Member of the Department shall be determined qualified for assignment to a bicycle upon satisfactory completion of an approved Police Bicycle-Training course.
PROCEDURE: UNIFORM PATROL

The deployment of Bicycle patrols by uniformed Members is intended to compliment and sometimes replace traditional foot patrol, effectively increasing visibility, mobility and the range of designated posts. Generally, the duties of Members assigned to Bicycle Patrol shall be; 1. 2. 3. 4. 5. Routine patrol of one or more designated foot patrol posts; Parking/Traffic enforcement; Quality of life offense detection and enforcement; Responding to dispatch calls for service; Any other duties prescribed by the Commanding Officer or Chief of Police.
PLAINCLOTHES USE
Commanding Officers of plainclothes units may also deploy their qualified Unit Members on Police bicycles. Such use shall be consistent with sound police practices and guided by common sense with officer and public safety in mind.
DEPLOYMENT Division Commanders will insure that bicycles are not deployed during extreme weather conditions or when
officer safety is questionable.
ORGANIZATION
Article No. XXXV
SPECIAL OPERATIONS DIVISION

Page 1 OF 5 Revised
SUBJECT:
SPECIAL OPERATIONS DIVISION
RESPONSIBILITIES: The Special Operations Division shall maintain a high level of police/community cooperation. This Division shall strive to achieve community involvement in crime prevention programs as well as police involvement in community based issues. ORGANIZATION:
1.
2.
The Special Operations Division shall be composed of a Commanding Officer, superior officers and other personnel of such rank and numbers as may be prescribed by the Police Commissioner. The Special Operations Division shall be composed of the following Units: A. Internal Affairs; B. Community Affairs; C. School Resource Officer/D.A.R.E. Unit.
COMMANDING OFFICER: 3. The Commanding Officer shall have the responsibility for the operation of the Division and shall be held accountable for successfully managing the responsibilities of the Division. He/she shall insure that the various Units of the Division put forth a team effort to achieve the Divisions objectives. The Commanding Officer shall require the submission of monthly reports detailing the activities of the members assigned to the Division. He/she shall report to the Deputy Commissioner, via the Chiefs Office, on all matters effecting the affairs of the Division. The Commanding Officer shall evaluate or cause to be evaluated, the work product of all subordinates assigned thereto. He/she shall make training recommendations, both in house and out, duty charts and work assignments according to the needs of the Division and of the Department.
4.
5.
Working in close association with the Support Services Division, the Commanding Officer shall identify pattern crimes, such as burglaries, car thefts, etc. , and shall assign personnel to investigate and correct such conditions. He/she shall make personal inspections throughout the City to locate and address
ARTICLE XXXV
PAGE 2 OF 5
6.
areas of concern, especially min matters where quality of life conditions are deteriorating. The Commanding Officer shall insure that the Special Operations Division supports both the patrol and the detective functions. He/she will ensure that members assigned to Special Operations interact with members of other Divisions of the Department with a spirit of cooperation designed to fulfill the police mission. UNIT COMMANDERS GENERAL: Superior Officers shall be held strictly responsible for the conduct, discipline and efficiency of all members under their supervision. They shall daily investigate and check the work of members under their supervision with the view of determining whether cases assigned them have been properly investigated. Whenever it appears that a member, after a reasonable period of instruction, shows no indication of improvement or for any reason they believe a member under their instruction shows no indication of improvement or for any reason they believe a member under their supervision is not fit for their assignment, they shall promptly inform the Commanding Officer of their observation.
7.
8.
UNITS
INTERNAL AFFAIRS UNIT: Duties and responsibilities as prescribed in ORGANIZATION, Article VII-2. COMMUNITY AFFAIRS: 9. The Community Affairs Unit shall have three functions which shall include: A. B. C. 10. Community Policing; Community Relations; Crime Prevention.
SPECIAL OPERATIONS DIVISION SERGEANT: A. B. C. D. Prepare work schedules for subordinates, based on strategies to address identified beat conditions; Conduct daily Roll Call of Community Policing Officers; Supervise officers in the performance of their duties; Submit monthly work schedule of Community Police Officers to the Police Commissioner through the Commanding Officer, Special Operations Division; Submit monthly activity reports of Community Policing Unit to the Police Commissioner through the Commanding Officer, Special Operations Division; Submit monthly work plan to the Police Commissioner, at the beginning of each month, through the Commanding Officer, Special Operations Division; Submit monthly work plan; strategy assessment to the Police Commissioner, at the end of each month for prior month through the Commanding Officer, Special Operations Division;
E.
F.
G.
ARTICLE XXXV
PAGE 3 OF 5
H. I. J. K. L. M. N.
Coordinate the activities of the Community Policing Officers with the other Members of the Department; Assist officers with their activities involving other Department Units and governmental agencies; Supervise the crime analysis and beat planning activities of the Community Policing Officers, and maintain Unit records; Evaluate the performance of the Community Policing Officers in a manner that is reflective of duties performed by the officers; Inspect Community Policing Officers Memorandum books; Monitor level of Units effectiveness by conducting conferrals with community residents and business persons Maintain a file system to record results of interviews containing the following information:
DATE - BEAT NUMBER - OFFICERS NAME - BUSINESS NAME AND ADDRESS REMARKS - NAME OF SUPERVISOR CONDUCTING INTERVIEW O. P. Q. R. S. T. Meet with all primary community leaders listed in Beat Officer Person file; Regularly attend community meetings, as appropriate; Verify off patrol time entered in Community Police Officers Memo Book; Maintain a master file of all active community groups and persons at the Unit office; Verify entries in Department Vehicle Control Log; Ensure that Unit telephone answering machine is functioning and engaged at all times. The recorded announcement will be a proper businesslike message. Periodically perform unannounced tours, as appropriate, in order to determine the level of performance of Unit Members; Perform duty IN UNIFORM; Perform any other duties as directed by the Police Commissioner.
U. V. W.
COMMUNITY POLICING: 11. The Community Policing officers shall form a partnership with the citizens of the community to solve the problems of the community though cooperative effort. In order to accomplish this, Members of the Department so assigned shall set as their goals: to involve themselves in weeding violent offenders and drug traffickers in the designated area; and to actively participate in the seeding of the community, uniting law enforcement, social agencies, the private sector and citizens to prevent crime and violence from occurring, thereby restoring a proper quality of life within the community.
COMMUNITY POLICING OFFICER: A. Patrol the beat area in a manner which strengthens the lines of communication with area residents, as well as preventing crime and delinquency; Regularly confer with residents and business persons within beat area to determine the nature and extent of crime and order maintenance problems of concern to the community;
B.
ARTICLE XXXV C. D. E. F.
PAGE 4 OF 5 With the assistance of the Department Crime Analysis Officer, conduct crime analysis studies of beat area; Submit, at the beginning of each month, to the Community Policing Sergeant, a monthly work plan for the beat area; Complete and maintain a Beat Conditions Log, monthly; Confer on a regular basis, with Department personnel regarding the development and implementation of tactical strategies for addressing crime and order maintenance problems within the beat area; Coordinate activities with other Members assigned to the beat area (i.e. Sector Unit, Narcotics Unit, Youth Officer, Patrol Task Force, etc.) in the development of strategies to address crime and order maintenance problems within the beat area; Initiate contact with other Department Units and governmental agencies, as appropriate, regarding strategies to address beat conditions, and render assistance, as necessary; Maintain beat files on community organizations, community leaders and businesses within the beat area; Maintain contact with citizens groups in the beat area, working with them on the design, implementation and evaluation of neighborhood crime prevention programs; Conduct public education programs on crime prevention specifically geared toward community groups within the beat area; Confer with the Department Crime Prevention Officer, conduct residential surveys and make recommendations to improv physical security; Contact crime victims within the beat area and counsel them on methods to avoid being victimized in the future. Contacts should be made as appropriate; Contact school officials from all schools in beat area and discuss problems connected with the schools; 1. Take necessary action to correct problems, when appropriate. Document all off patrol time; 1. Make Memo book entry and notify communications, prior to any off patrol time, except under exigent circumstances. 2. Notify Community Policing Sergeant of all scheduled off patrol time for entry on the Community Policing Roll Call. 3. Notify the Community Policing Sergeant, or if not available, the Desk Officer, when there is unscheduled off patrol time of more than a short period. Receiving member will notify Desk Officer who will have off patrol time entered into CAD system. Perform any other duties as directed by the Police Commissioner.
G.
H.
I. J.
K. L.
M.
N.
O.
P.
COMMUNITY RELATIONS OFFICER: 12. The Community Relations Officer shall be accountable to the Commanding Officer of the Special Operations Division. He/she shall act as mliaison officer between the community at large and the Department. All information and material compiled by the Community Relations Officer shall be used to asist in the determination of future target zones for Community Policing as well as to determine present Quality of Life issues or needs. The officer so assigned shall establish and maintain a high degree of contact with churches and civil, social and neighborhood organizations.
ARTICLE XXXV SCHOOL RESOURCE OFFICER/D.A.R.E. OFFICER: 13.
PAGE 5 OF 5
The School Resource Officer / Drug Awareness Resistance Education (D.A.R.E.) officer shall have the following functions:
SCHOOL RESOURCE OFFICER: 14. The mission of the Police/School liaison program shall be to exert a more positive influence over the youth. The goal of this program is to create a special relationship between the police and students by addressing issues and resolving problems that confront our young people. Officers assigned thereto shall encourage trust between police and students and will generate interest in law enforcement as a potential career. School Resource Officers shall perform their duties in accordance with their School Resource training and certification. In the elementary and secondary schools, officers assigned to this program will: A. B. C. D. E. F. G. H. Conduct regular sessions which encourage children to look upon the police as their friends; Stress the advantages of resistance to negative peer pressure; Promote self-worth and instruct students on how to avoid and prevent crime; Teach the consequences of violent behavior and discuss the benefits of alternatives to violence; Attend field trips, where appropriate; Provide lectures on drug prevention and avoidance; Create a Police Department/Youth Council which will provide an open dialogue between groups; Encourage the enlistment of the business and professional communitys participation in programs, that divert youth energies in a positive direction.
D.A.R.E. PROGRAM: 16. Members assigned to the D.A.R.E. program shall perform their duties in accordance with their D.A.R.E. training and certification.
ORGANIZATION
TABLE OF CONTENTS ORGANIZATION COMMISSIONER OF PUBLIC SAFETY DEPUTY COMMISSIONER OF PUBLIC SAFETY WRITTEN ORDER SYSTEM ORDER OF RANK CHIEF INTERNAL AFFAIRS UNIT PATROL DIVISION SECTOR BOUNDERIES DETECTIVE DIVISION SUPPORT SERVICES DIVISION COMMANDING OFFICER SUPERIOR OFFICERS DESK OFFICER PATROL OFFICERS DUTIES ADMINISTRATIVE AIDE PERSONNEL CLERK DETENTION AND TRANSPORTATION UNIT PRISONER ATTENDANT TECHNOLOGY SERVICES UNIT CEREMONIAL UNIT RADIO TECHNICIAN HONOR BOARD TACTICAL EVALUATION BOARD CIVIL DEFENSE AUXILIARY POLICE POLICE APPLICANT INTERVIEW BOARD EMPLOYEE ASSISTANCE PROGRAM DEPARTMENT GOALS AND OBJECTIVES IN SERVICE TRAINING PROGRAM EMERGENCY SERVICES UNIT MOTORCYCLE UNIT POLICE BICYCLES SPECIAL OPERATIONS DIVISION ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35
ORGANIZATION
ADMINISTRATIVE GUIDE
Procedure No. 2.000
MEMBERS PERSONAL DATA

SUBJECT: MEMBERS PERSONAL DATA

PURPOSE: To establish a guideline for reporting changes in a Members social status. MEMBERS: 1. Every Member shall be responsible for notifying the Department of any changes in their social status. The following changes must be reported within seventy two (72) hours of when they become effective: A. B. C. D. E. Name Address Telephone Number Marital Status Next of Kin
2. Such reports will be submitted to the Members Commanding Officer on an MV-5 Form. COMMANDING OFFICERS: 3. Upon receipt of a change of Members social status, Commanding Officers will make adjustments to their records reflecting the change. They will then forward the report to the Personnel Officer for entry in the Members Personnel Folder.
SUPPORT SERVICES DIVISION: 4. Personnel Officer will enter such changes in the Members Personnel Folder and all related computer records.
Procedure No. 2.001
RECRUITMENT
SUBJECT: RECRUITMENT
POLICY:
It is the policy of this Department to recruit and select candidates for the position of POLICE OFFICER in accordance with the New York State Civil Service Law, as administered by the City of Mount Vernon Civil Service Commission, and to afford equal employment opportunity to all eligible candidates. To be eligible for appointment, candidates must meet the prescribed standards set forth by the New York State Bureau of Municipal Police and the City of Mount Vernon Civil Service Commission.
PROCEDURE: 1.
Candidates considered for appointment to the Mount Vernon Police Department must be of good moral character and must satisfy the height, weight, and physical fitness requirements prescribed by the New York State Bureau of Municipal Police pursuant to S840 of the New York State Executive Law. All candidates must meet the requirements of the City of Mount Vernon Civil Service Commission; written, medical, agility, and psychological, testing prior to the background investigation.
2.
3.
The Mount Vernon Police Department Training Unit is responsible for administering selection activities. All candidates must complete and submit the Mount Vernon Police Background Questionnaire. Upon submission of the completed questionnaire, a thorough background investigation will be conducted which will include but not limited to, investigation of the candidates: family, education, residence, work record, physical and emotional health, organizations and affiliations, references, social contacts, credit record, Department of Motor Vehicle record, military history, county records such as liens and judgments, and criminal history record. Candidates meeting all of the above requirements will attend an oral interview with the Applicant Review Board. The Applicant Review Board will consist of the Commissioner of Public Safety, the Deputy Commissioner of P ublic Safety and three staff officers.
4.
5.
ADMIN 2.001
PAGE 2 OF 2
A.
Oral interviews will employ a set of uniform questions and the results obtained will be recorded on standardized forms. The recorded results will be kept on file for a minimum of one year.
6.
At the conclusion of the selection process, the Commissioner of Public Safety will make the final determination for appointments to the position of Police Officer. A. All appointments will be probationary for a period of eighteen (18) months. Probationary Police Officers will be evaluated three (3) times during that period. Subsequent to the effective date of appointment and prior to commencement of official duties, the appointee will be administered the standard Oath of Office for Police Officers by the Mayor of the City of Mount Vernon.
B.
Procedure No. 2.002
PERSONNEL PERFORMANCE EVALUATIONS

SUBJECT:
PERSONNEL PERFORMANCE EVALUATIONS
POLICY: All Members of the Department below the rank of Chief will be evaluated at least one time annually by their immediate supervisor. PROCEDURE: 1. All Members of the Department will be evaluated by their immediate superiors. The Department Evaluation Forms and Guidelines will be used in all instances. RATING PERIODS: A. All Police Officers, Detectives, Sergeants, Lieutenants, Captains and civilian personnel will be rated on an annual basis. If a ratee is identified as performing below desirable standards in his/her overall evaluation, he/she will be reevaluated in all performance standards after six a (6) month period. If a ratee is identified as performing below desirable standards in specific areas, these areas will be pointed out to the ratee, and he/she will be reevaluated in these individual areas after six (6) month period Civilian employees appointed to permanent positions shall be evaluated in the first six (6) to eight (8) weeks of employment. At the discretion of the Commissioner probation may be extended up to and including twenty six (26) weeks of employment. At the discretion of the Commissioner probation may be extended up to and including twenty six (26) weeks after appointment. If the probationary period is extended the civilian employee must be notified of the extension, in writing.
B.
C.
D.
2.
FORMS: A. B. Form MV-100 A/B/C - to be used for all personnel. Form MV-100D- Evaluation Appeal Form.
ADMIN. 2.002
PAGE 2 OF 4
RATING AND EVALUATING PROCEDURES: 3. Raters Responsibility A. Rate each Members performance in accordance with the performance standard noted for each performance category under the appropriate assignment/function. Rate each Member fairly and objectively on performance for the entire rating period using the performance standards. Utilize all available administrative resources (i.e. time books, reports, letters of recommendation, disciplinary reports etc.) as references when reviewing performance. The rater will schedule an appointment during the members tour of duty, prior to submitting the evaluation form. Both the rater and the employee will review and discuss the evaluation together. This allows both individuals to discuss the guidelines and affords the rater the opportunity to coach/counsel the employee regarding past performance or expectations for future performance. The rater must view each category of the evaluation separately and compare the performance of the member to the standardized guidelines. While reviewing the evaluation form together, the rater and the member will discuss and clarify any issue(s) raised by the evaluation. The Member must be afforded the opportunity to make any written comments he wishes on an attached sheet of paper. The signature of the employee is required on the evaluation. This signature indicates that the employee has reviewed the evaluation but does not signify agreement or disagreement with the evaluation. If the Member and the rater disagree on any area(s) of evaluation (and cannot resolve same) the Member will file a MV-100D (Appeal Form) within three (3) working days of the evaluation which will be attached to the evaluation by the rater and forwarded to the next higher command officer (i.e. Squad Sgt. To Squad Lt.) for review. Upon completion, the evaluation form will be forwarded to the Members Division Commanding Officer. A performance evaluation will be completed for any designated temporary or specialized assignments in a division at the discretion of that Division Commander. Personnel who are transferred will be evaluated within the first one hundred and eighty (180) days of their new assignment. If a regular evaluation is not scheduled in this time period, an additional evaluation should be completed.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
ADMIN. 2.002 EVALUATION APPEAL: 4. The Member may appeal in the following manner: A.
PAGE 3 OF 4
The Member requests an appeal by completing a Performance Evaluation Rating Appeal Form MV-100D. The rater will forward the Appeal Form to the next higher Command Officer (above that of the rater involved in the original evaluation) with the Members evaluation attached. The first review command officer may agree/disagree with the original evaluation rating by completing the first review section of the MV-100D form. If the first review Command Officer disagrees with the original evaluation, he/she will attach a separate report to the MV-100D listing the specific areas changed and an explanation thereof.
B.
C.
D.
The Command Officer completing the appeal form will then forward the Appeal Form and the evaluation back to the original rating officer to be reviewed with appealing member. The Member confirms his acceptance or rejection of the evaluation on the MV100 A/B/C form. If the Member wishes to submit a second appeal he must complete page 2 of the MV-100D form and return to the original rater who will then forward appeal form and the evaluation to the Division Commander for Second Review. The second review Command Officer can agree/disagree with the evaluation and first review by completing the second review section of the Appeal Form. If the second review Command Officer disagrees with the evaluation and first review, he/she will attach a separate report to the MV-100D listing the specific areas changed and an explanation thereof.
E.
F.
G.
H.
The Command Officer completing the form will then forward the Appeal Form and the Evaluation back to the original rater to be reviewed with the appealing Member. The Member will confirm his/her acceptance or rejection in writing. (1). (2). No Further Appeals are Permitted Members will confirm their rejection by completing and signing the acceptance/rejection section of the Appeal Form (MV-100D pg.2)
I.
ADMIN. 2.002
PAGE 4 OF 4
COMPLETED EVALUATION FORM: 5. Completed forms are routed as follows: A. As soon as the Members evaluation is completed and reviewed with the Member, it will be forwarded to the Members Division Commander who will review and initial in the lower right hand corner of the evaluation form. B. After the Division Commanders review, the Division Commander will forward to the Chiefs Office, all evaluations where Members rating is below standards and all evaluations where the Division Commander was the rater. C. All other evaluations with all appeals attached will be forwarded to the Personnel Officer to be entered in the members 201 file. MEMBERS: To obtain a completed copy of the evaluation form Members must forwarded a written request to the Chief s Office.
Procedure No. 2.003
VACATION ASSIGNMENTS
SUBJECT:
VACATION ASSIGNMENTS
PURPOSE: To provide for the efficient control of vacation assignments and the maintaining of proper levels of police personnel available for duty. PROCEDURE: 1. Each DIVISION COMMANDER will submit to the Commissioners office by December 15th of each year a vacation schedule for the upcoming year for all personnel assigned to their Division. On the 15th day of each month each Division Commander will submit a list of Members under his command who will be on vacation the following month. This list will be submitted to reflect any changes that had to be made in the originally submitted schedule. To ensure proper levels of coverage within the Department, each Division Commander will attempt to have only one (1) Superior Officer and two (2) police officers on vacation at one time.
2.
MEMBERS: 3. All Members, regardless of rank, may take their whole vacation entitlement at one time or they may split it, up to three (3) ways. Members, who elect to split their vacation entitlement, will be eligible to utilize up to two (2) floating vacation days. If a member elects to use floating vacation days, only one may be used between January 1st and June 30th, and the other between July 1st and December 31st of that year.
4.
Members who elect to split their vacation entitlement will pick one period and then will pick their next period after everyone else has picked their period according to seniority in rank, Division and Squad.
Procedure No. 2.004
PERSONAL LEAVE DAYS

SUBJECT:
PERSONAL LEAVE DAYS
PURPOSE: To establish Policy and procedure governing personal leave time. POLICY: All Members shall request and use personal leave time as agreed upon between the City of Mount Vernon and the Mount Vernon Police Association. MEMBERS: 1. All Members who have earned days for the current year shall: A. B. C. Use such days prior to December 31st of the current year or forfeit same; Use Veteran Days within six (6) months of the date in which it was earned; Shall avoid delaying the utilization of these days, wherein the granting of such time would result in impeding the mission of the Department;
NOTE: Any personal days earned prior to January 1/1984 do not have to be used with in a specific time period.
2.
All requests for Personal, Veteran, and Compensatory Time shall be in writing on a Compensatory Time Request Form (MV-27) and submitted to the immediate supervisor for approval at least 72 hours in advance. The Department will seek to grant any reasonable and timely requests for utilization of Personal Days, however, if the granting of such time would impede the mission of the Department by reason of delay in receiving the request will be denied resulting in the possible forfeiture of this time;
3.
ADMIN. 2.004 SUPERVISOR: 5. Shall approve or disapprove all requests for time off; A.
PAGE 2 OF 2
If approved, shall forward request to the Personnel Officer for entry into the Department computer; or If disapproved, the request will be returned to the member seeking time off.
B.
PERSONNEL OFFICER 6. Shall record and maintain a record of all Personal, Veteran, , and Compensatory time earned and used by all Members of the Department.
ADDITIONAL DATA: 7. Personal days are earned at the following rates: A. Members hired prior to July 1,1981 are entitled to three (3) Personal days each year; Members hired after July 1,1981 are entitled to: (1) (2) (3) One (1) personal day each year for the first two (2) years of employment; or Two (2) personal days each year thereafter until they reach first grade; or Thereafter they are entitled to three (3) days each year.
B.
Procedure No. 2.005
COMPENSATORY AND OVERTIME REPORTS / PROCEDURES

SUBJECT:
COMPENSATORY AND OVERTIME REPORTS / PROCEDURES
PURPOSE: To amend Department guidelines governing overtime / compensatory time reports and procedures. AUTHORIZATION: 1. All Members are required to be authorized before performing functions for which compensatory or overtime requests are submitted. Members are deemed authorized by the following: A. B. C. D. Department Directive Order of a superior officer. Subpoena or other notice to appear served via departmental process. Subpoena or other notice, request or requirement to perform overtime duties upon approval of the Division Commander or his designee. Emergencies where the circumstances makes impractical to contact a superior officer for authorization. In such cases notification shall be made at the first opportunity.
E.
COMPENSATORY / OVERTIME REPORT (MV 79): 2. Members of the Department will utilize a MV 79 form when recording accrued time for compensatory time or overtime. It shall be the duty of the Member to ensure that all required areas of the MV 79 are accurately completed.
M.V. 79 COMPLETION PROCEDURE: 3. The following procedure corresponds with the numerical / alphabetical sections of the MV 79. A. Indicate date of overtime in section 1.
ADMIN. 2.005 B.
PAGE 2 OF 3 Complete section 2 with full name and shield number, rank, platoon or assignment, and tour scheduled on overtime date. Indicate reason for appearance in section 3. Indicate reason for appearance in section 4. Verification signatures and times, section 5:
C. D. E.
(1).
Members will insure section 5, where applicable, is signed and that the actual time (s) is entered only by the person (s) indicated or otherwise described therein. Section 5A is to be completed by the Members Division Commander or his designee for appearances whenever a Member has cause to be in Headquarters (City Court or DA, transportation of evidence, etc.) Section 5B is to be completed by a member of the office of the required appearance (ADA, SLA, subpoenaing official or attorney, DMV, Corporation Counsel, etc.) Section 5C will be utilized if the person signing the Members time out is different than the person signing the members time in (e.g. ADA signed member in, secretary signed member out). Section 5D is to be completed when appearances are required at the Forensic or Ballistic Laboratories. Section 5E is to be completed when appearing at the office of the Medical Examiner . Section 5F is completed for other types of overtime, football games, private contractors, etc. (should be signed by person to whom you reported for duty on site (civilian)). The Desk Officer shall sign #12 to insure member is included on roll call.
(2).
(3).
(4).
(5).
(6).
(7).
NOTE: Members will utilize the rear of the MV 79 to report any deviation from the aforesaid procedures (e.g. Clerk entered inaccurate time on line 5C) F. G. Indicate incident number in section 6 when applicable. When a members working tour has been extended indicate the dispatch and completion time of the assignment requiring the extended tour in section 7. Complete section 8 with the total amount of time submitted for compensation.
G.
ADMIN. 2.005 I.
PAGE 3 OF 3 Complete section 9 with a brief summary of causation of overtime (arrest, identification at MEs office, subpoena, etc..) and disposition (filed information, testified, case dismissed, postponed due to, etc..) Complete line 10 by indicating compensation preference. Complete line 11 with rank, signature and shield number. Complete line 12 by obtaining signature of superior officer for extended tours, or other overtime (7) above except when such extension is solely due to the filing of court informations subsequent to an arrest. Attach subpoena or other notice to appear to the MV 79. Subpoenas are for the purpose of giving sworn testimony. Members receiving subpoenas shall contact the issuing authority as close as possible to the appearance date to ascertain the need for appearance and the validity of the subpoena. Conferences without authorization are prohibited. This in addition to any instructions set forth in the subpoena.
J. K. L.
M. NOTE:
SUPERIOR OFFICERS: 4. Responsibilities; A. B. Will ensure provisions of this order are complied with. Evaluate all instances of extended tours and when practical reassign tasks, or portions thereof, to regularly scheduled members. Monitor the progress of members working an extended tour to ensure the expeditious completion of assignments.
C.
DIVISION COMMANDING OFFICERS: 5. RESPONSIBILITIES; A. B. C. Shall receive and review all MV 79s submitted from their divisions. They endorse them and forward to the Personnel Clerk for processing. The Commanding Officer of the Detective Division shall also calculate the Detectives overtime by their particular cycle prior to submitting same
Procedure No. 2.006
OFF DUTY EMPLOYMENT

SUBJECT:
OFF DUTY EMPLOYMENT:
POLICY: Off duty employment by Members of the Department shall be governed by New York State Law and the Commissioner of Public Safety.
PROCEDURE: 1. Section 208-D of the General Municipal Law authorizes Members of the force for another employer under the following limitations: A. Such extra work does not interfere or conflict with the officers regular duties as a Member of the Mount Vernon Police Department and doess not affect his availability for emergency duty. B. Such extra work not to exceed twenty (20) hours a week. C. Such extra work does not affect the officers physical condition to the extent that it impairs his ability to efficiently perform his police duties. D. All such extra work shall first be approved by the Commissioner of Public Safety. E. The Commissioner of Public Safety may add other conditions as he deems necessary. 2. The Police Commissioner has established the following as guidelines for extra employment: A. Members may not be employed in any occupation which, by New York State Law, is forbidden to Police Officers or Peace Officers. B. Such extra work does not create a conflict or an appearance of a conflict of interest. C. Extra employment may not be in any occupation which involves security such as, an investigator, guard or bouncer or any similar type employment. D. Any employment by a concern involved in a strike or participation by a member of the force in a labor dispute or strike, is prohibited.
ADMIN. 2.006
PAGE 2 OF 3 E. No officer shall wear his Police Uniform or any part of his Police Uniform in such extra work, unless specifically authorized by the Commissioner. F. No Member of the force may be an officer, organizer or hold any office or position in a union or employee organization, outside of the Police Department. G. Extra work may not be performed for any business that is located or operates in the members assigned area of duty, unless authorized by the Commissioner of Public Safety or his designee. H. A Member of the force shall not knowingly engage in any extra employment for any individual with a criminal arrest record, though the employment itself is lawful. I. A Member of the force shall not engage in any extra employment while on sick report, sick leave or disability absence from the this Department. A member shall not engage in extra employment while designated a Chronic Absentee. A Member of the force shall not engage in extra employment during the period of two (2) hours immediately following any tour of police duty or during the period of at least four (4) hours immediately prior to beginning any tour of police duty.
J.
K. A Member of the force shall not engage in any extra employment that directly or indirectly is related to or concerned with matters which the Police Department inspects or licenses, except as specifically authorized by the Police Commissioner or his designee. L. A Member of the force must obtain permission of the Police Commissioner or his designee for each extra employment occupation and change of employment. The Police Commissioner or his designee, in his discretion , reserves the right to deny or revoke permission for any specific occupations or place of employment not withstanding these guidelines.
M. Notwithstanding all foregoing, the Police Commissioner or his designee, may approve a specific position of employment, even though it may be generally prohibited by above guidelines, but not exceeding the minimum standards of Section 208D of the General Municipal Law. APPLICATION: 3. A Member of the Department requesting permission to engage in off duty employment must file an MV-66(1) Form (Off Duty Employment Application ), revised 09/91. Part 1 and Part 1B must be completed by applicant. Applicant must have employer complete Part 1A and sign same. A. Employer must provide a job description stating the exact duties and responsibilities the applicant will be required to perform.
4. 5.
ADMIN. 2.006 UNIT COMMANDER: 6. Complete Part 2.
PAGE 3 OF 3
CHIEF OF POLICE: 7. Complete Part 3.
COMMISSIONER: 8. Complete Part 4
PERSONNEL OFFICER: 9. Upon approval of the application, the original will be placed in the members 201 File. A copy is to be forwarded to the applicants Commanding Officer. All Off Duty Employment Applications (MV-66(1)) will expire on each and every December thirty first, and new application must be made.
10.
NOTE: The New York State Attorney General has indicated that police and peace officers who are privately employed while off duty are not entitled to representation or indemnification under 2.20(3) of the Criminal Procedures Law unless their acts do not arise from their responsibilities to private employers, and all other respects are a lawful exercise of peace officer powers.
The Attorney General also indicates that Police or Peace Officers who are protecting the interests of their private employers and are injured, are not protected under 207-C of the General Municipal Law.
Procedure No. 2.007
PROMOTION
Page 1 OF 1 Revised
SUBJECT:
PROMOTION
PURPOSE: To delineate policy and guidelines for the promotional process.
POLICY: 1. Promotions to the positions of Sergeant, Lieutenant and Captain will all conform to the New York State Civil Service Law, as administered by the City of Mount Vernon Civil Service Commission and afford equal opportunity for promotion to all eligible candidate. Promotional candidates take a Civil Service examination administered by the Civil Service Commission. Once the Department is provided with a promotion eligibility list from the Civil Service Commission, the Department has the option of appointing any one of the top three candidates on the list or any other options as per Civil Service Law.
2.
3.
Procedure No. 2.020
SICK LEAVE FORMS: MVS-1; MVS-2; MVS-4; MVS-6

SUBJECT:
SICK LEAVE FORMS: MVS-1; MVS-2; MVS-4; MVS-6
PURPOSE: Sick Leave forms. For records keeping in accordance with the Rules and Regulations of the Department of Public Safety.
PROCEDURE: DESK OFFICER: MVS-1. This form is to be completed by the Desk Officer when a Member of the Department reports sick, this form will remain at the Desk until the Member returns to duty, either in person or via telephone. At this time the Desk Officer will forward the MVS-1 to the Personnel Officer for recording sick leave and to be placed in Members MVS-6 Medical Folder. All questions on the MVS-1 form must be completely answered and it shall be the responsibility of the Desk Officer to answer the questions and sign the report where required. This report must be signed by the Desk Officer first receiving the sick report and by the Desk Officer upon the termination of the sick leave before it is forwarded to the Personnel Officer. POLICE PHYSICIAN: MVS-2. This form to be completed by the Police Physician indicating ailment order back to duty by Police Physician for full duty limited duty suspended due to illness continued sick, etc. This report will be forwarded to the Personnel Officer and will become part of the Members sick file. When a Member is placed on limited duty, Police physician shall also complete Form MVS-3 and MVS-5. Form is to be completed by the police physician and directed to the Police Commissioner or, in his absence, his designee. The MVS-4 Form is to be utilized when a report indicates that the Members reason for reporting sick is a direct result of an old or new line of duty injury, etc. The police physician shall make the request, in writing, to the Police Commissioner on MVS-4 (Question 4). Present diagnosis indicating the old or new line of duty injury requiring examination, treatment, or consultation from an Honorary Physician, who is a specialist in ailment complained of by the Member , and the Police Physician is of the opinion that such treatment or consultation is in order.
MVS-4.
PROCEDURE NO. 2.020
PAGE 2 OF 2
This request shall only be made by the Police Physician when there is a confirmed lineof- duty injury. The Police Commissioner may approve or deny the Member for examination, treatment or consultation by a specialist Honorary Police Physician. MVS-4. MVS-4. Questions number one, two and three are to be completed by the member. Questions number four, five and six are to be completed by the Police Physician and then forwarded to the Police Commissioner.
PERSONNEL OFFICER: MVS-6. Form is the Members medical folder. All sick, injured, doctor, hospital records and reports shall be entered on each Members medical folder on the lines designated for such information. Records and reports shall be filed, chronologically, in each Members folder. Medical folder, MVS-6 Form, shall identify the Member by name, rank, shield number.
FORMS: MVS-1; MVS-2, MVS-4; shall be properly endorsed by the Commanding Officer of the Units receiving them and then forwarded to the Personnel Officer to be placed in each Members Medical Folder MVS-6.
Procedure No. 2.021
SICK LEAVE
SUBJECT:
SICK LEAVE
PURPOSE: To establish Policies and Procedures governing Sick Leave. DEFINITIONS: Sick Leave: Shall refer to the authorized absence from duty of a Member of the Department because of sickness, or disability not incurred in the line of duty. All instances of completions or alterations of Department Sick Leave forms must also be reflected in Department computer records
Records:
PROCEDURE: 1. In order that such absence may be charged to accumulated Sick Leave, it must have been reported to the Desk Officer at or prior to the start of his work tour or if working, during the tour. Any absence during the scheduled day off shall not be charged as a working day. Members of the Department shall not be charged more than five (5) sick days in any one (1) week. Such illness, disability or injury must be of such a nature to prevent the proper performance of the Members duty. Illness or injury incurred through the excessive use of intoxicants or drugs is specifically excluded. All members of the Department reporting for Sick Leave shall be carried as sick, unless otherwise notified by the Commissioner or his designee. REPORTING OFF DUTY 5. Any Member of the Department who is unable to perform his assigned duties because of sickness or injury shall report , or cause to be reported by a competent person , this fact to the Desk Officer. Such a report shall be made at least one (1) hour prior to commencing his next tour of duty unless such sickness or injury arises or is incurred during that hour.
2. 3.
4.
REPORTING (ON DUTY) 6. A Member of the Department who reports sick while working shall notify the Desk Officer and shall report to Headquarters or place of treatment. A sick day will be deducted from accrued sick leave time if less than four (4) hours of scheduled duty is not performed.
ADMIN.2.021 PLACEMENT OF CONFINEMENT OTHER THAN HOME / HOSPITAL
PAGE 2 0F 6
7.
A Member of the Department who shall report sick from allocation other than his home shall furnish the Desk Officer with the name, address and telephone number of the place of confinement.
DESK OFFICERS DUTIES 8. Whenever a Member of the Department reports sick the Desk Officer shall: A. Secure information and enter on MVS-1. The MVS-1 form will remain at the Desk until the Member reports back to duty, in person or via telephone, then forwarded the MVS-1 to the Personnel Officer. Make all necessary computer entries concerning sick procedures.
B. Inquire if reporting Member has a scheduled court appearance and if so order him to make the proper notifications.
C. Check the Chronic Absentee List, if the Member is on the list order that Member to call the Police Physician. D. Enter pertinent information in Day Book. E. Make the necessary adjustments in the Roll Calls and other Department forms as may be required. MEMBERS RESPONSIBILITIES WHILE ON SICK REPORT 9. Members of the Department returning to duty, if required by procedure, are responsible to deliver or have delivered, an MVS-2 form to the Personnel Officer. A Member of the Department, who has been on sick leave and has been declared fit to return to duty, shall notify the Desk Officer of his return as far in advance as practical indicating the date and tour of duty which he is scheduled to return. Upon his return, he shall submit an MVS-2 from the Police Physician, if applicable, authorizing his return to duty. If a Member was treated by a Police Physician then appropriate entry shall be made by Desk Officer on MVS-1.
10.
11.
Members who are on Sick Leave and use two (2) sick days or less may return to work without reporting to the Police Physician or obtaining an MVS-2, unless said member has been designated and is presently on the chronic absentee list. (See Department Procedure on Chronic Absentees) After three (3) consecutive days on Sick Leave a Member must contact the Police Physician and follow his direction. If a Member wishes to return to work after 3 consecutive days he must obtain a Doctors note from his personal physician and present it to the Police Physician who in turn will give the member an MVS-2. The MVS-2 shall be turned in to the Desk Officer as soon as possible. If the illness continues beyond three (3) days in duration the member must contact the Police Physician every third day unless otherwise directed by such physician or such conditions require confinement at home or hospital.
12.
ADMIN.2.021
PAGE 3 0F 6
13.
Personnel on sick or injured status will not be permitted or shall not be authorized to engage in outside employment. The Police Physician shall, at the request of the Commissioner of Public Safety, examine all Members or prospective Members of the Department. He shall submit the appropriate reports in writing. Members of the Department while on sick or injured status, shall not be authorized to leave the confines of their homes or other places of confinement during their regular tour of duty, unless authorized by the Police Commissioner or in absence his designee. When authorization is given the Desk Officer shall be notified and said authorization shall be recorded in the Day Book. Members shall turn in completed MVS-2 forms to the Desk Officer when applicable for forwarding to the Personnel Officer where they will be placed in the Members Medical Folder.
14.
15.
16.
EXAMINATION BY POLICE PHYSICIAN 17. Any Member who fails to report to duty due to illness, disability or injury not incurred in the line of duty shall be required to submit to a physical examination by the Police Physician within twenty four (24) hours if requested by such physician or Police Commissioner. Results of such examination shall be forwarded to the Chief of Police on an MVS-02 form and shall include: nature of illness, disability or injury and whether such member was sufficiently ill to justify the absence. Failure to submit to such an examination by the Police Physician, whether or not examined by members own physician, shall constitute grounds for disciplinary action. Any subsequent sick leave caused by a previously reported injury shall be carried as Sick Leave until MVS-4 is completed by the Sick member and Police Physician The MVS-4 form shall be completed by the officer involved at the time of the recurring Sick Leave or as soon afterwards as practical and then brought to the attending physician for his examination and determination .
18.
19.
POLICE PHYSICIAN 20. The Police Physician has the assimilated rank of Captain and shall be under the orders and direction of the Commissioner of Public Safety, Deputy Commissioner and other designated Commanding Officers. He shall be subject to the Rules and Regulations and discipline of the Department.
POLICE PHYSICIAN DUTIES 21. The Police Physician shall be responsible for the maintenance and preservation of records concerning the sickness and disability of Members of the Department who have been under the care of other physicians. The Police Physician shall answer all calls from the Commissioner of Public Safety, Deputy Commissioner, Desk Officer or other Commanding Officer with the minimum of delay. As the Police Physician is an officer of the Department any communication made to him by any member of the Department shall not be deemed privileged or confidential. The Police Physician shall have the right at all times and upon request of the Commissioner of Public
22.
ADMIN.2.021
PAGE 4 0F 6
23.
Safety to make known to the Commissioner all facts ascertained by him in his examination of any Member of the Department. It shall furthermore be his duty to report and make known these facts to the Commissioner of Public Safety and to testify to, or concerning them whenever required to do so by the Commissioner. The Police Physician is not authorized to permit absence from residence for any reason.
24.
HOSPITALIZED MEMBERS 25. When a Member of the Department on sick report is hospitalized by his own physician the Police Physician shall: A. Communicate with the Admitting Office of the hospital and verify the Members presence thereat. Notify the Member or a responsible person or member of the family to report the duty physician the termination date of the hospitalization within twenty four (24) hours.
B.
TREATMENT 26. The Police Physician may not treat, prescribe or care for any Member of the Department as a private patient. The Police Physician shall not treat or prescribe for Members of the Department who are chronically ill. The Police Physician shall recommend the proper course of action regarding the health related problems of members who have reported to him after reviewing with the members who have reported to him after reviewing with the members personal physician. The Police Physician may at any time order a Member to be examined by another physician, when said physician is acting on behalf of the Department. The Police Physician shall not accept or receive compensation for such services from any Member of the Department. In the event that any Member of the Department uses his own private physician, such Member of the Department shall authorize his physician to release to the Police Physician or Commissioner all records pertaining to the diagnosis, treatment, nature and extent of injury, etc.. In the event that such authorization is refused by such Member of the Department, such refusal shall be deemed an act of insubordination, subjecting such Member of the Department to departmental charges and to penalties as hereinafter prescribed, in the event of conviction thereof. Any Member of the Department on Sick or Disability Leave shall be under the control and command of the Police Physician and shall obey all reasonable orders and instructions of the Police Physician. The Police Physician must promptly prefer charges in writing to the Commissioner against any Member of the Police Department who is incapacitated for duty on account of fraudulent conduct by misleading statements concerning his sickness or disability endeavors to deceive the Police Physician or in which a Member of the Department feigns sickness or disability.
27.
A.
B.
C.
27.
28.
29.
ADMIN.2.021 30.
PAGE 5 0F 6
The Police Physician has command of and is responsible for the care and charge of Members of the Department on Sick or Injured Leave. He shall order a Member off duty and on Sick or Disability Leave whenever in his judgment such action is required and he shall order the return to duty of a member on sick or disability leave as soon as such members physical and mental condition warrants it. He shall notify the Desk Officer of all such orders as soon as issued. The Police Physician shall keep a careful record of the sick time of each Member of the Department and shall make a monthly report to the Commissioner setting forth the name and rank of each sick Member, the date of actual return to duty, number of visits made during illness or disability and in laymans language, the name and character of the disability or disease. He shall further submit for those Members injured in the line of duty, a more detailed report concerning the nature and extent of injury treatment, consultations, etc. The Police Physician shall, without unnecessary delay, bring to the attention of the Commissioner of Public safety every case in which a M ember of the Department has continued on Sick Leave more than thirty (30) days. The Police Physician shall include in this special report, a statement of the circumstances of the disability as to whether or not there is reason to believe the disability is of such a nature as to interfere permanently with the proper performance of his duty on the part of the Member of the Department. When so requested by any Superior Officer it shall be the duty of the Police Physician to examine into the condition of any Member of the Department when there is reason to believe that the Member is under the influence of liquor or under the influence of any drugs and shall make a written report of such examination to the Commissioner of Public Safety.
31.
32.
33.
INCREASE IN ACCUMULATED LEAVE 34. Beginning December 31, 1962 the maximum accumulated sick leave shall be increased to one hundred eighty (180) days.
ACCUMULATION 35. A. Accumulated sick leave: Beginning on December 3, 1962 and on each December 31st thereafter, all Members who have been continuously employed prior to July 1, 1981 for the preceding twelve (12) months shall be entitled to fifteen (15) days sick leave with full pay for the next succeeding year. Those with less than twelve (12) continuous months will be granted proportioned leave of one and one quarter (1-1/4) days per month. Members hired after July 1, 1981, who have been continuously employed for the proceeding twelve (12) months shall be entitled to twelve (12) days sick leave with full pay for the next succeeding year. Those with less than twelve (12) continuous months will be granted
B.
proportioned leave of one (1) day per month. 36. Whenever a Member has less than twelve (12) or fifteen (15) accumulated sick leave days ( based on his/her appointment date), it shall be computed monthly. Sick Leave credits are based on working days only and shall be reimbursed in the same manner. Should all Sick Leave time be exhausted, the Commissioner of Public Safety, or his designee, may substitute deficit Sick Leave with accrued Compensatory Time, Personal, Award or Vacation days.
ADMIN.2.021
PAGE 6 0F 6
GRANTING OF NON EARNED SICK LEAVE BEYOND ESTABLISHED LIMITS 37. Any Member of the Department of Public Safety, who has contracted an illness, disability or injury not in the line of duty, which would, in the normal course of events necessitate his being absent for an extended period of time over above his accumulated Sick Leave, Vacation Leave and Compensatory accredited time off, may with the written approval of the Commissioner of Public Safety be granted an additional Sick Leave for a period of thirty (30) days each, such additional time not to exceed one (1) year. In the event the Commissioner of the Public Safety is not available to grant such sick leave, the Deputy Commissioner in empowered to do so. In the instances where a Member has not been awarded such leave and he or she fails to return to work an appropriate payroll deduction shall be made. Sick leave credits are based on working days only.
38.
39.
Procedure No. 2.022
INJURIES SUSTAINED ON DUTY

SUBJECT:
INJURIES SUSTAINED ON DUTY
PURPOSE: To establish policy and procedures for Members of the Department injured while on duty or in the line of duty. MEMBERS REPORT OF INJURY: 1. Whenever a Member of the Department is injured while on duty he/she will: (if not physically incapacitated) A. Immediately notify the injured Members immediate Supervisor. Failure to do so shall prohibit claim for injuries suffered. Remain at scene until the arrival of a Superior Officer unless medical attention is required. Complete an MV-5 detailing the circumstances of the injury, including place of occurrence, time, date, type of injury and any witnesses and their addresses. Submit a request, in writing, to his/her Commanding Officer, that the injury be classified as Line of Duty or While on Duty outlining the reason for the request. If a Member reports on Sick Report to the Desk Officer that such illness/injury is job related (past reported injury), the Member MUST inform the Desk Officer of the original date injured.
B.
C.
D.
E.
MEDICAL TREATMENT: 2. When a Member goes to the hospital for treatment due to a Line of Duty or While on Duty injury he/she will: A. B. Inform the hospital that the injury was incurred while working; Obtain a copy of the Hospital Report form (if possible); Attach a copy of the Hospital Report form to the Department Injury Report. The Member shall comply with all reasonable orders and directives of the Police Physician and cooperate with the Police Physicians efforts to carry out his assigned duties.
3.
ADMIN. 2.022 4.
PAGE 2 0F 5
Treatment, examination, visits to, and/or x-rays by any physician shall not be authorized for monetary reimbursement, unless prior written approval is given by the Police Physician, and a copy of the written approval is forwarded to the Commissioner of Public Safety by the Police Physician. A Member receiving any bills from the hospital, physician, etc., for an on duty injury for services duly authorized as aforesaid, shall immediately forward same to the Office of the Deputy Commissioner. These procedures apply to old injuries as well as new injuries. Each series of visits, xrays or treatment shall be considered individually for separate approval. Prior to incurring medical expenses for on duty injuries, it will be incumbent upon the member to fully understand these rules, as deviations from this order shall result in the Member assuming the entire cost of the medical expenses.
5.
ADDITIONAL RESPONSIBILITIES OF INJURED MEMBER: 6. If the Member institutes a Civil Suit against a third party for personal injuries incurred in the line of duty, he/she must notify the Commissioner of such, in writing, within ten (10) days after the suit has been initiated and authorize his/her attorney or other representative to provide the Corporation Counsel of the City of Mount Vernon such information as the Corporation Counsel may request concerning the details of said suit. Members of the Department, while on injured status, shall NOT be authorized to leave the confines of his/her home or other place confinement during his/her regularly scheduled tour of duty for ANY PURPOSE unless approved by the Police Commissioner, or, in his absence, his designee (Deputy Commissioner or Duty Officer). When authorization is given by the Commissioner or his designee, such authorization shall be entered in the Day Book by the Desk Officer. Personnel on (sick or) injured status will not be permitted to engage in outside employment. The injured Member will sign authorizations, when requested, by the Commissioner, for employment, hospital and all other medical records.
7.
8.
9.
SUPERVISOR: 10. Whenever a Member is injured in the line of duty or while on duty, the injured Members Supervisor shall: (except where specialized unit Members are injured and no Divisional Supervisors are on duty, the Uniform Patrol Supervisor shall be responsible for conducting the investigation). A. Respond immediately to the scene and investigate the injury and notify the Desk Officer. Expeditiously interview the Member at the scene, hospital or Police Headquarters. Interview witnesses, obtain or arrange for taking statements and if the witness is another police officer, secure a written report giving the full particulars.
B.
C.
ADMIN. 2.022 D.
PAGE 3 OF 5 Obtain any medical reports as to the injury from the hospital and/or attending physician, when possible. Report his/her findings to the Desk Officer. Supervisors Report MV-93, will be submitted to the injured Members Commanding Officer and will report his/her findings and recommendations, including whether or not there was any negligence on the part of the member. The injured members Commanding Officer shall review the report and endorse it with his/her recommendations and forward the entire report to the Chiefs Office.
E. F.
G.
DESK OFFICER: 11. Whenever a Member is injured in the line of duty or while on duty, the Desk Officer shall: A. Dispatch a supervising officer to the scene to investigate the circumstances of the injury. Ensure that proper medical assistance is dispatched if necessary. Notify the Police Physician on duty. Make entries in the Day Book, including the name of the investigating Superior Officer and insure proper notification is made through the chain of command. Complete MVS-1 form and enter it in the Sick Book, if applicable, and amend all computer records.
B. C. D.
E.
PERSONNEL OFFICER: 12. Whenever a member is injured in the line of duty or while on duty, the Personnel Officer shall: A. B. C. Receive all MV-93s from all commands. Ensure that all MV-93s have a sequential Supervisors Report number. Initiate an injury File and number and enter same on the Master Injury File list. Prepare Mount Vernon Department of Public Safety Injury Form (MV77) for signature by the Chief of Police. Forward the complete package to the Chief of Police for his and the Commissioners endorsement. Send completed copies of the MV-77 to the City Clerks office and the NYS Retirement System.
D.
E.
F.
ADMIN. 2.022
PAGE 4 OF 5
G.
All original written reports (except MV-93) regarding the injury are to be placed in the individual officers Personnel File (Medical). The original MV-93 shall be forwarded to the Support Services Division for filing.
H.
NOTE: IT SHALL BE THE RESPONSIBILITY OF THE PERSONNEL OFFICER TO FOLLOW ALL INJURY REPORTS, INSURING THEIR FINAL DETERMINATION IS MADE IN A TIMELY MANNER. POLICE PHYSICIAN: 13. The Police Physician shall answer all calls from the Police Commissioner, Deputy Commissioner, Desk Officer or other Commanding Officers with the minimum delay. As the Police Physician is an officer of the Department, any communication made to him by any Member of the Department shall not be deemed privileged or confidential. The Police Physician shall have the right at all times, and upon request of the Police Commissioner, to make known to the Commissioner all facts ascertained by him in his examination of any Member of the Department. It shall furthermore be his duty to report and make known these facts to the Police Commissioner and to testify concerning them whenever required to do so by the Commissioner. A. When a Police Physician recommends that a member on injured status receive medical or rehabilitation treatment outside of his/her residence, the physician shall specify the nature thereof and the time required to secure same. The Police Physician is not authorized to recommend absence from residence for any other reason. He shall notify the Police Commissioner of such recommendation on an MVS-3. Upon approval, the Desk Officer shall record it in the Day Book.
B.
HOSPITALIZED NON HOSPITALIZED MEMBERS: 14. Members of the Department hospitalized as a result of an in the line of duty or while on duty injury shall be visited by the Police Physician at intervals consist with the medical status but not less than once a week and a progress report forwarded to the Deputy Commissioner. A. Members of the Department who do not require hospitalization and/or upon being released from the hospital for an in the line of duty or while on duty injury shall visit the Police Physician not less than once a week, or as directed by the Police Physician, while on Disability Leave or until returned to Full Duty status. Visits shall be at intervals consistent with their medical status as prescribed by the Police Physician and a progress report (MVS-2) forwarded to the Deputy Commissioner.
TREATMENT FOR INJURY: B. In the event the Police Physician authorizes a Member of the Department to use his/her own physician, such Member of the Department shall authorize his/her physician, in
ADMIN. 2.022
PAGE 5 OF 5 writing, to release to the Police Physician or Commissioner all records pertaining to the diagnosis, treatment, nature and extent of injury, etc. C. In the event that such authorization is refused, it shall be considered insubordination, subjecting such Member of the Department to departmental charges and to penalties as provided for by law, in the event of conviction thereof and/or the cessation of his/her paid status for the in the line of duty or while on duty injury. In addition, refusal to give such permission will result in the member assuming the full cost of his/her medical treatment.
16.
The Police Physician has no authority to permit a Member of the Department on sick or disability leave to absent himself/herself from his/her city of residence as provided for by law without first obtaining the written approval and consent of the Police Commissioner. The Police Physician must promptly file a report, in writing, to the Chief of Police about any Member of the Police Department, who is incapacitated for duty on account of careless, unlawful or immoral conduct, or in which a Member of the Police Department fraudulently or by misleading statements concerning his/her disability endeavors to deceive the police physician, or in which a Member of the Police Department feigns disability. The Police Physician has command of and is responsible for the care and charge of Members of the Department on injured leave. He shall order a Member off duty and on disability leave wherever in his judgment such action is required and he shall order the return to duty of a member on disability leave as soon as such Members physical and mental condition warrants.
17.
18.
COMMISSIONER: 19. The Commissioner, or in his absence, the Deputy Commissioner, will after reviewing the file and recommendation of Superior Officers, approve or disapprove of a Members in the line of duty or while on duty status resulting from his/her injury.
Procedure No. 2.023
CHRONIC ABSENCE CONTROL

SUBJECT: CHRONIC ABSENCE CONTROL

PURPOSE: To determine possible sick leave abuses and identify Members who may require special attention and/or counseling creating a designation of chronic absentee. DEFINITION: CHRONIC ABSENTEE Members are declared chronic absentees if they found to have a pattern of four (4) absences in a six (6) month period that occur on: 1. 2. 3. PROCEDURES: 1. The Personnel Officer will submit a report to the Chief of Police, in writing, indicating the Members name, who has been identified as a chronic absentee. The report shall include the pattern of absenteeism so that the Member can be notified in writing by the Chief of Police. Members declared chronic absentees may request a meeting with the Commissioner and/or his designee within five (5) days of the designation to discuss the designation. After such meeting, or if no meeting is requested by the individual, such member may have his/her discretionary privileges and authorization for off duty employment revoked. Such designation shall remain in effect for a period of six (6) months, unless extended upon review for a maximum of an additional six (6) months following such period. The first or last day of the members work week; Saturdays, Sundays, or Holidays; Or any combination of the above.
2.
3.
4.
SICK MEMBERS RESPONSIBILITIES: 5. When reporting sick, each Member shall report to the Desk Officer as required by Department Policy. After reporting sick to the Desk Officer, Members shall immediately contact the Police Physician and shall obey his orders accordingly. All Members will have the following options when reporting sick;
6.
7.
ADMIN. 2.023
PAGE 2 OF 2
When directed to have an examination by the Police Physician , they may be examined by: A. B. C. 8. Police Physician, or Private Physician, or at a Local hospital (examination by a physician)
When a Member is examined by a private physician or an attending physician at a hospital emergency room, the Member must secure for the Police Physician and the Members Medical Folder, documentation of diagnosis and treatment received as prescribed in the Department Sick Leave Procedure. Members on sick call utilizing other than the duty Police Physician shall immediately following the examination notify the duty Police Physician and provide the name and telephone number of the examining physician.
DIVISION COMMANDER: 9. 10. Will review the sick record of those members designated as chronic absentees. An interview will be held with these Members to inform them of the possibility of administrative or disciplinary action. Prepare a memo recording the interview and its results. Prepare one (1) copy of the memo to member concerned. Insert one (1) copy of memo in members medical folder. Forward a report to the Police Commissioner advising him of the members status, date of interview and recommendation. The Police Commissioner will evaluate all relevant data for final determination. Action taken or recommended may include but is not limited to: A. B. C. Charges and specification. Change of assignment. Denial of discretionary privileges and revoking authorization for off duty employment revoked.
11. 12. 13. 14.
15. 16.
NOTE: If a known or possible medical problem exists which only a physician is qualified to determine, request the Police Physician, in writing, to examine the member. A written report of findings will be forwarded to the Police Commissioner for use in determining his actions in the case. 17. When warranted, the Division Commander will prepare charges and specifications for conduct prejudicial to good order and efficiency of the department. Members who report sick and fail to report to the Police Physician, their private doctor, or an attending physician at a hospital emergency room when ordered to do so by the police physician, shall be subject to disciplinary action.
18.
Procedure No. 2.024
PREGNANCY RELATED GUIDELINES

Page 1 OF 2 Revised
SUBJECT:
PREGNANCY RELATED GUIDELINES
PURPOSE: To notify the Department when a female M.O.S. receives a positive result from a pregnancy test conducted by her private physician.
DEFINITION: PREGNANCY STATUS-A female M.O.S. who is placed on non-enforcement duties by the Police Physician due to her pregnancy condition. This status is similar to limited duty status.
PROCEDURE: When a M.O.S. is informed by her private physician that she is pregnant: 1. 2. Must notify the Police Physician by telephone of her pregnancy condition. Follow-up by sending the Police Physician copies of original documentation from private physician which should include confirmation of her pregnancy and expected due date. Notify Division Commander through proper chain of command.
3.
POLICE PHYSICIAN: After consultation with the Member and her private physician and receipt of documentation shall place the member on Pregnancy Status and: 1. Complete form MVS-2 indicating Member status. This report will be forwarded to the Personnel Officer and will become part of the Members sick file.
ADMIN. 2.024
PAGE 2 OF 2
PREGNANCY STATUS: It shall be the policy of Mount Vernon Police Department to immediately assign the pregnant female M.O.S. to a Pregnancy status once she informs the Department that she is pregnant. This restricted status means:
1.
She may be assigned to a desk job and work indoors for the duration of her pregnancy. Neither prisoner nor patrol duties may be assigned to the officer. She will be required to wear a uniform. She will purchase a maternity uniform. She will not be allowed outside the confines of Headquarters while in uniform. This is so as not subject her to the potential dangers inherent therein. When a pregnant member is required to appear in court, before a Grand Jury or other government agency, she may appear in business attire. When it becomes necessary to report sick, the usual procedure for reporting sick will be followed. Standard sick leave restrictions apply, including confinement to residence. If the M.O.S. does not have sufficient time for normal pregnancy leave (delivery and recovery) she shall be placed on leave without pay. Any M.O.S. who requires longer leave then that which would be considered normal must provide the reason which necessitates same in the form of written documentation from her private physician to the Police Physician. Prior to returning to Full Duty Status the M.O.S. must provide a written recommendation from her private physician and then obtain Full Duty Status authorization from the Police Physician.
2. 3. 4.
5.
6.
7.
8.
9.
RELATED PROCEDURES: Sick Leave Forms (Admin 2.02) Sick Leave (Admin. 2.021)
Procedure No. 2.040-2
REQUIRED UNIFORMS
SUBJECT: REQUIRED UNIFORMS:

PURPOSE: To describe required uniforms for Members of this Department. MEMBERS: 1. The Department will not be responsible for reimbursement of any lost or damaged jewelry incurred while on duty by any Member of the Department. No Member of the Department shall wear any item of jewelry, which constitutes a safety hazard or violates any of the following: A. B. C. Rings may be worn on only one finger of each hand while on duty; Earrings, facial ornament, bracelets or wrist chains are not permitted while on duty; Members wearing neck chains, lockets/medallions shall not have these items visibly exposed.
2.
DUTY UNIFORM
POLICE OFFICERS
CAP Regulation Police hat with eight (8) points; blue piping with black adjustable hatband. Worn with M.V.P.D. Police Officer silver hat shield indicating shield number. Cap may be removed while in Department vehicle while on R.M.P. duty, but must be worn squarely on head when not in vehicle. A. Optional Uniform Hat for summer wear is the same as above except with open blue cane band for ventilation. Optional Faux Fur Trooper Cap, with cap device mounted in the front. Color black or navy blue, quilted insulated linings, fold down flaps.
B.
ADMIN. 2.040-2
PAGE 2 OF 13
DEPARTMENT PATCH
The department patch shall be worn on the left sleeve, centered on the sleeve, 1/2 inch below the sleeve seam. Members hired on or after January 01, 2007 shall wear the department patch on both sleeves on all uniform garments. The only exception shall be for MOS assigned to Divisions/Units or Squads with approved unit patches. Division/Unit/Squad patches shall be worn on the right sleeve, centered on the sleeve, 1/2 inch below the sleeve seam. Upon a MOS reassignment the unit patch will be removed and replaced with the department patch. Members are required to affix two (2) department patches upon replacement of any duty wear that becomes unserviceable. This provision shall not prohibit any member, regardless of date of appointment, from affixing two (2) department patches on authorized duty wear. MULTI-SEASONAL JACKET Members hired prior to February 4, 1994: A. The Aggressor II Jacket with removable liner and fur collar.
Members hired on or after February 4, 1994 and ALL Members when required to replace unserviceable Aggressor II jackets: B. Brand Name: Style: No. BLAUER GTX9019Z
Police blue, Gore-Tex, hip length jacket with zip-out ThinSulate liner and Scotchlite package. Members hired on or after July 01, 2006, and ALL MOS when required to replace unserviceable duty jacket: C. 5.11 Tactical Jacket Model 48017 5 in 1 Duty Jacket Color Dark Navy, 100% nylon face, with fleece liner. Liner can be removed and sleeves removed to convert fleece jacket into a vest. Rear stow pocket to contain an ANSI II reflective vest. Upper back pocket to have a pull out identification panel embroidery and/or printed POLICE.
SUMMER BLOUSE Regulation N.Y.C.P.D. summer blouse. Worn with; regulation New York State gold metal buttons, gold metal M.V.s. affixed to each collar and an M.V.P.D. shoulder patch affixed to the left sleeve one half (1/2) inch below the shoulder seam. Insignia of rank will be worn in the appropriate manner. The uniform certification label must be sewn to the inside of the blouse. WAIST LENGTH JACKET Optional waist length multi-seasonal jacket for use when assigned to patrol cars. A. Brand Name: GERBER Model # : NEW YORKER
ADMIN. 2.040-2
PAGE 3 OF 13
Mount Vernon Police shoulder patch, collar brass, insignia of rank, shield and name plate to be worn as per department regulations. UNIFORM SWEATER The new uniform sweater is authorized for all sworn Police Officers, Civilian Complaint Clerks, Emergency Service Dispatchers, Communication Specialists, Ordinance Officers . A. Sweater description is as follows: BRAND NAME: Blauer STYLE: No. 200 Commando Sweater Police blue, pull over style, woolen, 2 x 2 rib throughout, v-neck, with straight body and set in sleeves. It has reinforcing patches on shoulders and elbows, a shield reinforcement on the left breast and two epaulets with gilt buttons. B. Those members wishing to purchase the new sweater may do so, AT THEIR OWN EXPENSE. May be worn year round with the uniform shirt and tie. The uniform sweater may be worn as the outermost garment between March 1 and November 30 while on Patrol. It may also be worn as an outermost garment by Members working indoors in a Police Facility. When a uniform sweater is worn, a uniform shirt with collar brass affixed and a necktie must be worn. When worn as the outermost garment the members must wear their shield and name plate as prescribed in the department Manual, Administrative Guide, procedure No. 2.040, Required Uniforms. Lieutenants and above may wear cloth insignias on epaulets. The Mount Vernon shoulder patch shall be worn as described in the Department Manual as stated above. Police Officers are not required to wear any further insignia, however, Supervisory personnel shall wear their rank designation as prescribed in the Department Manual, as previously stated. F. The uniform sweater is to be worn in such manner that it shall meet, but not visibly extended below, the top of the trouser belt. This may be achieved by tucking the bottom of the sweater inside the waistband of the uniform trousers, or by folding he bottom of the sweater up on the inside. Uniform sweaters shall never be worn in a manner that would cover the equipment.
C. D.
E.
TROUSERS Regulation Navy Blue Police Trousers, 75% polyester, 25% wool with black braid, one half (1/2) inch in width, on the outside seams from bottom of cuff to waist seam. A. Optional Trousers Brand Name: Blauer
Style Number: Streetgear 8980 Sidepocket Trousers Dark Navy, 65 / 35 Rayon Blend, 15.5oz blend, washable, two hip pockets with tabs, double thigh pockets with Scotchlite pull-downs.
ADMIN. 2.040-2
PAGE 4 OF 13
B.
Optional Trousers
5.11 Tactical Model 44058
Class B
Color Dark Navy, Poly/Rayon, washable, Back up Belt system, flashlight baton pocket. Cargo pockets to feature elastic pleat, when pockets are empty pockets to lay flat.
The Optional Trousers shall not replace the Regulation Navy Blue Police Trousers, and may not be worn with the Summer Blouse or Ceremonial Uniform.
SHIRT Regulation Navy Blue Police Shirt. Worn with; gold metal M.V.s affixed to each collar and an M.V.P.D. shoulder patch affixed to the sleeve one half (1/2) inch below the shoulder seam. The same provisions and specifications apply to short sleeve shirts as to long sleeve shirts except that no tie will be worn with short sleeve shirts, the top button will remain open and the undershirt will not be exposed. TURTLE NECK The new uniform turtleneck shirt is authorized for all sworn police officers. A. Turtleneck description is as follows: Navy Blue pullover shirt, constructed of 100% cotton cloth, letters M.V.P.D., measuring 10/16, color white, embroidered on collar. (N.Y.C.P.D. specifications no. 650) B. Those members wishing to purchase the new turtleneck may do so, AT THEIR OWN EXPENSE. C. The turtleneck may be worn instead of the authorization military shirt and tie; D. May be worn from October 1 thru April 30; E. The uniform turtleneck shirt shall NOT be worn as the outermost garment. The turtleneck shirt will ONLY be worn with the authorized winter jacket. If at any time, whether due to a change of assignment or other reason, the duty jacket is removed, the authorized military type shirt and tie shall be worn; F. The turtleneck shirt shall NOT be worn for any court appearance by the member; G. The turtleneck shirt shall NOT be worn by personnel assigned to Police Headquarters. (i.e. Administrative personnel, desk clerk, communications etc.); H. Members are advised that the turtleneck shirt is part of the Department uniform and thereof shall be worn in accordance with established procedures and NOT worn Off Duty or in a manner which may bring discredit to the Department.
ADMIN. 2.040 TIE
PAGE 5 OF 13
Regulation Police Tie, 100% Dacron, breakaway type, color black. To be worn with both the long sleeve white Superior Officers shirt and the regulation long sleeve navy blue shirt. BELT Black leather one and one half (1 ) inches wide with gunmetal buckle. SHOES Black leather, plain toe, military style, low heeled not more than two (2) inches. SOCKS Shall be black GLOVES Black leather gloves, to be worn with the multi-seasonal jacket. RAINCOAT Color: Fluorescent orange. Regulation: Heavy Duty Police Raincoat. Fiber Content: 100% nylon, guaranteed 100% waterproof. Mesh back construction for proper ventilation, Raglan sleeves and over jacket cape that covers the entire shoulders and back of raincoat. Has rust proof fasteners, badge holder and slash pockets with matching uniform hat cover. Navy Blue lettering on back of raincoat two (2) inches in height to read MOUNT VERNON (first line) POLICE (second line). NAME PLATE N.Y.C.P.D. regulation name plate will be worn on the outermost garment of all uniforms one quarter inch below shield, except the leather motorcycle jacket and the raincoat. Police Officers will wear white metal name plates, Ranking Officers and Detectives will wear gold metal name plates. DETECTIVE The uniform is the same as required for police Officers, EXCEPT: CAP Gold metal N.Y.C.P.D. hat shield without shield number. When not required to work in uniform, Detective Division personnel shall be attired in a suit, shirt, tie, and/or sport coat reflecting the professionalism befitting his job assignment.
ADMIN.2.040-2 SERGEANT The uniform is the same as required for Police Officers, EXCEPT: CAP Gold metal N.Y.C.P.D. hat shield without shield number and gold bullion bands. TROUSERS One and one quarter (1 ) inch black braid attached. INSIGNIA OF RANK
PAGE 6 OF 13
Regulation N.Y.C.P.D. Mounted (gold) Sergeants stripes six (6) inches below the shoulder seam on the sleeves of following: A. B. C. Multi-seasonal duty jacket. Summer blouse. All shirts. LIEUTENANT The uniform is the same as the required for Sergeant, EXCEPT: CAP The frame is covered with black braid. INSIGNIA OF RANK Gold bar worn on: A. B. C. Shoulders of multi-seasonal jacket and summer blouse. Collar of regulation blue or white shirt. Summer Blouse 1 in Black Mohair Braid on sleeve, 3 gilt (gold) buttons on cuff.
CAPTAIN Uniform is the same as required for Lieutenant, EXCEPT:
MAIN COAT (Optional) New York City police Department London Fog Trench Coat, with Mount Vernon Police Department shoulder patch, insignia of rank, and New York State Buttons worn as per Department Regulations. INSIGNIA OF RANK Two (2) gold bars worn in the same manner as Lieutenants insignia.
ADMIN.2.040-2
PAGE 7 OF 13
DEPUTY CHIEF Uniform is the same as required for Lieutenant, EXCEPT: CAP Regulation police cap, frame covered in black velvet with gilt (gold) spray design on cap visor.
INSIGNIA OF RANK
Two (2) gold stars worn in the same manner as prescribed as Lieutenants insignia.
SUMMER BLOUSE:
Two (2) Black Mohair Braids worn on sleeve

CHIEF Uniform is the same manner as Lieutenants insignia. CAP Frame covered black velvet with gilt (gold) spray design on cap visor.
INSIGNIA OF RANK Three (3) gold stars worn in the same manner as Lieutenants insignia. SUMMER BLOUSE 2 Black Mohair Braids.
MOTORCYCLE UNIT WINTER CAP Same as Police Officer, except wire grommet is removed and visor is longer. WINTER COAT Black horsehide leather with shoulder straps, regulation gold buttons and removable liner, Worn with Sam Browne belt (shoulder strap), lanyard, uniform shirt, and tie. TURTLE NECK Optional, navy blue turtleneck shirt, worn in place of the uniform shirt. With the winter coat only.
ADMIN.2.040-2
PAGE 8 OF 13
BREECHES Navy blue whipcord with one half (1/2) inch black mohair braid on outside seams. LEGGINGS High top plain, black leather lace type shoe. Black leather puttee type optional. HELMET Department issue. Worn when operating motorcycle. GLOVES Black leather. SUMMER CAP Same as Police Officer, except wire grommet is removed and visor is longer. HELMET Department issue. Worn when operating motorcycle. SUMMER BLOUSE Same as Police Officer, worn with Sam Browne belt, shoulder strap and lanyard. SHIRT & TIE Same as Police Officer, worn with Sam Browne belt, shoulder strap and lanyard optional. BREECHES See above. LEGGINGS See above. GLOVES Black leather. Optional.
ADMIN.2.040-2 MOUNTED UNIT
PAGE 9 OF13
Uniform is the same as required for the Motorcycle Unit, EXCEPT: CAP Same as police officer, except yellow soutache sewn on top and bottom of band. BREECHES Navy blue, reinforced whipcord with one half (1/2) yellow mohair braid on outside seams. HELMET Department issue. Worn when on mounted patrol. SUMMER BLOUSE Same as police, except yellow braid on sleeves, fitted waist, worn with Sam Browne belt and lanyard. EMERGENCY SERVICE UNIT CAP Baseball style cap, with unit patch. PATCHES Department patch will be worn in accordance with specifications. Unit patch will be worn on the right sleeve. ESU patches will be worn in accordance with specifications. ESU patches shall consist of embroidered white lettering on a navy blue background. Unit patch will be worn in accordance with specifications. Unit patch design must be authorized by the Police Commissioner. ESU patch shll the following: First Line M.V.P.D. Second Line Third Line POLICE Emergency Service Unit
WINTER COAT Navy blue utility jacket, embroider name and shield above the right breast pocket. Embroidered ESU patch above the left breast pocket and one centered on the back of the jacket. MOS assigned to the unit after January 01, 2007, must wear the 5.11 Tactical Model 48017 duty jacket. Jacket will conform with the patch and embroidery specifications as specified for the navy blue utility jacket. SHIRT Navy blue shirt, department shoulder patch affixed to the left sleeve one half (1/2) inch below the shoulder seam. Unit patch on right sleeve, one half (1/2) inch below the shoulder seam . Embroidered name and shield number above the right breast pocket. ESU patches, one (1) above the left breast pocket and one (1) centered on the back of the shirt. Embroidered ESU will be worn on the collar. No tie will be worn with this shirt.
ADMIN.2.040-2
PAGE 10 OF 13
The same provisions and specifications apply to short sleeves shirts. Optional turtleneck shirt may be worn in place of the uniform shirt, when wearing the winter coat. PANTS Navy blue EMS uniform pants.
MOS assigned to the Emergency Service Unit are authorized to wear a Drop Covered holster. This holster will be reviewed by the Training Unit to ensure practicability and weapon retention. Approval shall be submitted through the chain of command, once reviewed by the Training Unit. A. OPTIONAL TROUSERS 5.11 Tactical Class B Uniform Pants Model 44058 or 5.11 Tactical TDU Pants Model 74003 or 5.11 Tactical HRT Pants Model 74001
Color Navy Blue
K-9 UNIT Uniform is the same as required for Emergency Service Unit, EXCEPT: UNIT PATCH Unit patch will be worn in accordance with specifications. Unit patch design must be authorized by the Police Commissioner.
PATCHES K-9 patches shall consist of embroidered white lettering on a navy blue background. K-9 patch will consist of the following: First Line : Second Line: Third Line: M.V.P.D POLICE K-9 UNIT BICYCLE UNIT WINTER BICYCLE CAP Navy blue solid six sided baseball cap with Bicycle Unit patch affixed to the front above the caps visor. BICYCLE JACKET A. Olympic Uniforms Style # OEJ715 Eisenhower or #HP918 Performance: B. An MVPD logo centered on the jacket lettering, letters to be white in color, and four (4) inches in height.
ADMIN. 2.040-2
PAGE 11 OF 13
C. A POLICE logo centered on the right breast, also in block lettering, white in color, and two (2) inches in height.A cloth embroidered Velcro Name Tag one (1) inch in height, with black background, white block letters, and white to be affixed just above the POLICE logo on right breast.
D. Mount Vernon shoulder patch affixed to left sleeve one ( ) inch below the shoulder seam; Bicycle Unit patch affixed to the right sleeve one and one half (1 ) inches below shoulder seam. TURTLE NECK Bicycle Unit Officers may wear the optional turtle neck shirt (Admin. 2.040) in the following combinations: A. B. With the polo shirt as the outermost garment or; In place of the polo shirt with the optional Department sweater; the bicycle jacket will be the outer most garment.
BICYCLE TROUSER Olympic Uniforms Style #OCP588 navy blue in color with 100% nylon shell, extra large duty pockets, waist snap with center draw string, zippered front, and zippered tapered legs. BICYCLE GLOVE Full fingered leather, black in color with padded palms. SOCKS Plain white tube style athletic sock. BICYCLE SHOES Black in color with no markings, stiff soled (rubber) hiker or cross training style.
HELMET A. B. C. Helmet shall be designed for bicycle use only, plain gray/white in color with a conservative teardrop shape and meet ANSI standard Z90.4 impact regulations. The logo POLICE shall be affixed on both sides of the helmet; lettering to be in block print, black in color, and to be one and one quarter (1 ) inches in height. Member assigned to Bicycle Patrol will be required to wear their helmet while on active patrol. In the event that a Member is assigned to a traffic post, the Member may wear Department authorized baseball cap as described in (Admin. 2.040).
HELMET LINER Optional helmet liner designed to be worn under the bicycle helmet for added warmth. Liner to be black in color made from lightweight neoprene and lined with fleece. Liner is not to worn with the helmet.
ADMIN. 2.040-2
PAGE 12 OF 13
SUMMER BICYCLE CAP Navy blue vented baseball cap with Bicycle Unit patch affixed to the front and above the caps visor. BICYCLE SHIRT Members assigned prior to December 31,1998: Short sleeved navy blue 50% Polyester and 50% combed cotton polo with a collar, having a silk screened MVPD logo centered on the back of the shirt in white block lettering, three and one quarter (3-1/4) inches in height. A silk screened M.V.P.D. shield replica centered on the left breast of shirt being white in right sleeve two and one quarter (2-1/4) inches below shoulder seam, with a Mount Vernon shoulder patch affixed to the left sleeve one half (1/2) inch below the shoulder seam. Members assigned on or after December 31.1999, and ALL assigned Members when required to replace unserviceable polo shirts: Same as above, except with a POLICE logo centered on the back as described above, in addition the new bicycle unit shoulder patch affixed to the right sleeve as described above in place of the silk screened bicycle patrol logo. BICYCLE SHORTS Navy blue Safari style 100% cotton duty short with extra large logo cargo pockets with black buttons, and Velcro flaps. Optional windproof short Olympic Uniforms Hollywood style shorts style #OHS147, navy blue in color with extra large zippered pockets and Velcro cargo pockets. BICYCLE GLOVES Half fingered gloves, black in color with padded palms. SOCKS Same as above.
BICYCLE SHOES Same as above. HELMET Same as above.
ADMIN. 2.040-2 CEREMONIAL UNIFORM ALL MEMBERS
PAGE 13 OF 13
When directed by the Chief of Police all Members will wear the following for ceremonies and special occasions. A. B. C. Summer Blouse. Long sleeve shirt and tie. White Gloves. Regulation Navy Blue Police Trousers SEASONAL UNIFORM CHANGES MAY 1 SEPT. 30 Summer blouse. Long sleeve shirt and tie, or; Long sleeve shirt and tie, or; Short sleeve shirt, no tie, may be worn on 0800-1600 tours ONLY through May 20th and on all tours thereafter. OCT 1 OCT 31 Summer blouse, Aggressor II without liner or Blauer jacket, with long sleeve shirt and tie, or, waist length jacket. B. Long sleeve shirt and tie. C. Turtleneck shirt, with Aggressor II or Blauer jacket. D. Short sleeve shirt no tie, may be worn on 0800-1600 hr. tour only. NOV 1 APR 30 A. B. Aggressor II jacket, Blauer jacket or waist length jacket, long sleeve shirt and tie. Aggressor II jacket or Blauer jacket, with turtleneck shirt. A. A. B. C.
REQUIRED EQUIPMENT
Date Issued 1493 Effective 1/18/93 History OPS-90-05
SUBJECT:
REQUIRED EQUIPMENT
PURPOSE: To describe required equipment for Members of the Department. EQUIPMENT: All Members appointed after January 1, 1990 and any Member replacing unserviceable equipment after January 1, 1990 are required to have the following articles of authorized equipment at all times while on duty: 1. 2. 3. 4. Pistol: Magazines: Handcuffs: Baton: Glock, Model 17, 9mm, semiautomatic with black matte finish; Three (3) standard 17 round, Glock model 17 magazines; Smith & Wesson, Model 100, chrome, with key; 24 to 26 inches in length, 1 inches in thickness, hardwood with leather thong (all tours). Billy Hard rubber, 11 inches in length & 1 inches in thickness with leather thong. Slapper- Leather covered lead, Ten (10) ounces in weight, eight (8) inches in length. 6. Flashlight: Serviceable flashlight with no less than two (2) D size batteries (all tours);
5.
Billy / Slapper:
1. 8. 9. 10. 11.
Traffic whistle: Miranda Card: Pen: Memorandum Book: Watch: Department authorized; Ball point, black ink; Department issue; Serviceable, properly set;
ADMIN. 2.O41 12.
PAGE 2 OF 3
Equipment Belt, the belt and accessory holders shall be plain black leather and; A. B. C. D. E. F. G. H. Belt-2 inches in width (Garrison type) with black metal buckle; Holster Don Hume, Model Number H74OSH36 (4-1/2); Magazine Holder - Duplex, dual position with Velcro closure; Baton Holder Ring type; Flashlight Holder Ring type; Portable radio case Department issue; Belt Holders (Keepers) Two (2) with black metal snaps or velcro closures; Handcuff case Square bottom with black metal snap or Velcro closure.
SAFETY EQUIPMENT: 13. All personnel will be issued a protective bulletproof vest. Maintenance of the vest will be the Members responsibility. A. All Members of the Department assigned to patrol duty, (Uniform Patrol Officers, Street Crime Unit, Traffic Unit, Jail Detail) and the Narcotics Unit shall wear their protective bulletproof vest while working. Members assigned to the Detective Division shall wear their protective bulletproof vest in all situations where circumstances dictate that wearing a vest would be appropriate. Members have their vest readily available at Headquarters or while on patrol, on their vehicle.
B.
14.
Seat belts All Members of the Department will wear seat belts when operating Department vehicles, except when the member feels it will hinder the performance of his duty or endanger himself or another.
PROTECTIVE HELMETS: 15. All sworn Department personnel will be issued protective helmets and cases as part of their assigned departmental equipment and they shall adhere to the following. A. ALL MEMBERS while on duty shall have his/her helmet available at Headquarters in a well maintained order, ready for immediate use. Patrol personnel shall assemble with their helmets at every Roll Call. When not being worn all helmets shall be kept in their cases.
B. C.
ADMIN. 2.041
PAGE 3 OF 3
D. E.
Members assigned to foot patrol will not be required to carry his/her helmet on post. Members assigned to sector cars shall carry their helmets with them on all tours. During patrol, helmets will be stored in the trunk. Helmets shall not be worn unless authorized by the Ranking Superior Officer on duty.
F.
NOTE: The Ranking Superior officer must realize that the display of helmets may be perceived by the public as aggressive and they may escalate a situation, thereof, careful evaluation should be made in potential situations. G. H. Serviceability of the helmets shall be the responsibility of each Member. As with all Departmental equipment, the Members immediate supervisor shall investigate and determine whether unserviceable helmets are the result of negligence.
Procedure No. 2.042
AUTHORIZED DECORATIONS
SUBJECT:
AUTHORIZED DECORATIONS
PURPOSE: To specify Department Authorized Decorations that may be worn by Members. 1. The following decorations are authorized to be worn by Members of this Department, listed in order of importance: A. B. C. D. E. F. G. H. I. J. K. UNIFORM 2. The bars representing the awards shall be worn as instructed. In cases where the Department awards a decoration for a given incident, and an award is also given by those organizations described in subdivisions h. and j., only the Department Award shall be worn. When more than one award in any category is awarded, the recipient of such award must return the bar to the Support Services Division for the attachment of a number, and/or appropriate star, indicating the amount of awards in such category. No Member will wear more than one decoration from each category of recognition. Decorations will be worn horizontally on the left breast of the uniform, the center of the lowest bar one quarter inch above top center of the shield; additional bars will be spaced one quarter of an inch apart and worn from shield to left shoulder in ascending order of importance. Awards received by a Member from another jurisdiction or agency may not be worn. Only awards enumerated in this order are authorized to be worn. Departmental Medal of Honor Police Combat Cross Exceptional Merit Commendation Meritorious Police Duty Excellent Police Duty Commissioners Unit Citation Life Saving Bar P.B.A. Awards (One from each of the seven categories) Gannett Westchester/Rockland News Award (Only one) Police Federation News Award (only one)
3.
4.
ADMIN. 2.042 DEFINITIONS: Medal of Honor: 5.
PAGE 2 OF 4
Awarded to a Member who intelligently and in the line of police duty distinguishes himself by the performance of an act of gallantry and valor at imminent personal hazard to life with knowledge of the risk, above and beyond the call of duty.
Police Combat Cross: 6. Awarded for the successful performance of an act of extraordinary heroism while engaged in personal combat with an armed adversary at imminent personal hazard to life in the intelligent performance of duty.
Exceptional Merit: 7. Awarded for an act of bravery intelligently performed involving personal risk to life.
Commendation: 8. Awarded for an act involving grave personal danger in the intelligent performance of duty or for a highly creditable unusual police accomplishment.
Meritorious Police Duty: 9. Awarded for an act of intelligent and valuable police service demonstrating special faithfulness or perseverance.
Excellent Police Duty: 10. Awarded for an intelligent act materially contributing to a valuable police accomplishment or for submission of a device or method, adopted by the Department to increase efficiency in administrative or tactical procedure.
Commissioners Unit Citation 11. Awarded to each member of a specialized unit of the Department, either permanent in nature or temporarily established to accomplish a particular objective, which performs its function in such a manner as to particularly distinguish itself through special faithfulness, perseverance and intelligence resulting in a highly creditable act. This award may only be given at the direction of the Police Commissioner.
Life Saving Bar: 12. Awarded to a Member whose actions are directly responsible for the saving of a human life in a non-combat situation, specifically when failure to take such action would likely result in the demise of a person.
ADMIN. 2.042 Civilian Citation: 13.
PAGE 3 OF 4
A certificate of acknowledgment distinguishing an unselfish and/or humanitarian action, or an act of bravery, which contributes to the preservation of life and/or property. This award may be given to any civilian Member of the Department or any private citizen.
PROCEDURE: 14. A Member will be considered for an award only on application by his immediate supervisor, which application will be completed by the supervisor and submitted to the Commanding Officer of the Support Services Division. All applicants will be considered by a Board consisting of the Department Members appointed by the Police Commissioner. A Supervisors declination to submit an Honor Award Application or a decision of the Honor Board may be appealed in the following manner: A. A Supervisors declination may be appealed, in writing, to the Executive Officer of the effected Members Division. An Honor Board decision may be appealed, in writing, to the Commanding Officer of the Support Services Division, for consideration at the next convening of the Honor Board. Decisions made following either of the types of appeals described above shall be final.
15.
16.
B.
C.
17.
An award to any Member of the Department will be entered in, and made a permanent part of, the Members Service Record by the Personnel Officer. Commanding Officers or immediate supervisors shall fully investigate all cases in which their subordinates apply for recognition for particular acts involving special faithfulness to duty, meritorious skills, or bravery in the performance of duty; reporting supervisors will consider statements of witnesses when compiling reports. Specifications, Breast Bars: A. Medal of Honor: Plain gold breast bar, enameled green upon which are placed twelve gold stars. A second award of this medal is identified by a gold oak leaf placed in the center of the bar. B. Police Combat Cross: Plain gold breast bar, enameled green. A second award of this medal is identified by a gold palm leaf placed in the center of the bar.
18.
10.
ADMIN. 2.042 C. Exceptional Merit:
PAGE 4 OF 4
A five pointed light green embossed star affixed to the center of a gold bar finished in equal divisions of green, white and blue enamel, separated by one sixteenth inch bands of orange enamel. D. Commendation: A five pointed light green embossed star affixed to the center of a gold bar finished in equal division of green, white and blue enamel separated by one sixteenth inch bands of orange enamel. NOTE: Exceptional Merit and Commendation. 1st Award-appropriate star in white area 2nd Award-appropriate star in green & blue areas 3rd Award- appropriate star in green, white, & blue areas 4th and subsequent awards- appropriate star in green, & blue areas, and number reflecting total number of awards received in this category in the white area. E. Meritorious Police Duty: A plain gold breast bar finished in equal divisions of green, white and blue enamel separated by one-sixteenth inch bands of orange enamel. Subsequent awards are denoted by the affixing of the appropriate number in the white area. F. Excellent Police Duty: A plain gold breast bar finished in equal divisions of green and white enamel separated by one-sixteenth inch bands of orange enamel. Subsequent awards are denoted by the affixing of the appropriate number in the white area. G. Commissioners Unit Citation: A plain gold breast bar finished in equal divisions of green, white and blue enamel separated by one-sixteenth inch bands of orange enamel and to which are affixed three gold letters in the order of C.U.C. This bar mat be worn during entire police career, regardless of subsequent assignment within the department. Only one (1) C.U.C breast bar may be worn, regardless of the number received. H. Life Saving Bar: A plain gold breast bar finished in equal divisions of orange, white and orange enamel, separated by one-sixteenth inch bands of blue enamel. Subsequent awards are denoted by affixing the appropriate number in the white area.
DEPARTMENT AUTHORIZED NON-LETHAL WEAPONS

SUBJECT:
DEPARTMENT AUTHORIZED NON-LETHAL WEAPONS
PURPOSE: To specify Department authorized weapons to be used by Members in conjunction with the Departments Physical Force Policy. POLICY: Members of the Department shall be equipped and use, only when DEFENSIVE FORCE is necessary, only Department authorized non-lethal weapons DEFINITIONS: DEFENSIVE FORCE: The necessary infliction of physical battery to overcome violent resistance or to protect self or others from assault or injury.
DEPARTMENT AUTHORIZED NON-LETHAL WEAPONS: 1. Department authorized non-lethal weapons must conform to the following specifications; A. BillyHard rubber. 11 inched in length & 1 inches in thickness with attached leather thong. Leather covered lead, ten (10) ounces in weight, eight (8) inches in length. Hard wood, 24 to 26 inches in length & 1 inches In diameter with attached leather thong. Members have the OPTION of carrying the ASP, 16, 21 or 26 inch, black, steel expandable baton. The ASP shall not replace the Baton, Billy / Slapper in the Required Equipment Section 2.041- 1. The ASP Baton shall be carried in a Sidebreak, plain black, rotating scabbard. Members must be trained by the Department prior to being authorized to carry the ASP.
B.
Slapper-
C.
Baton-
D.
ASP Expandable Baton-
PROCEDURE NO. 2.043-1
PAGE 2 OF 2
E.
Special Weapons-
Those appropriate weapons as described in this manual under Operational Procedures SPECIAL WEAPONS.
UNAUTHORIZED NON-LETHAL WEAPONS
2.
A. B.
Black jack Any other device or instrument not specifically mentioned in this policy.
HANDGUN POLICY
SUBJECT: PURPOSE:
HANDGUN POLICY
To establish clear definitive guidelines for Members of the Mount Vernon Police Department regarding Department authorized firearms. POLICY: All Members will be qualified in the firearms they carry. No firearms or ammunition other than those authorized by the Department may be carried on or off duty. AUTHORIZED HANDGUNS 1. Only the following handguns are authorized to be carried by the Members of this Department while on or off duty. A. On duty Glock 9mm Model 17 semiautomatic pistol, with the New York trigger. (1) Uniform patrol will carry two (2) extra seventeen round magazines, loaded with 17 rounds. All other members on patrol will carry a minimum of one (1) extra loaded seventeen round magazine.
(2)
B. On duty ADMINISTRATIVE/ DETECTIVE/ /PLAINCLOTHES PERSONNEL ONLY- Glock 9mm. Model 26 semiautomatic pistol, with the New York trigger (1) (1) Administrative personnel need not carry extra magazines but may do so if they wish. All other Members on patrol will carry a minimum of one (1) extra load seventeen round magazine.
C. Members wishing to carry a second Department authorized handgun (back-up) while on duty, may do so, as provided in this order.
PROCEDURE NO. 2.044-2 D. Off duty:
PAGE 2 OF 3
(1) (2) (3)
Glock 9mm semiautomatic pistol (All members). Glock 9mm Model 26 semiautomatic pistol (All members). .38 caliber revolver with a barrel length at least two (2) inches but not more than four (4) inches in length, as previously authorized by the department. Members who are authorized to carry 357 Magnums must use department authorized .38 caliber ammunition .
AMMUNITION 2. Department authorized ammunition.
A. B.
9mm/9mm Federal 9BPLE, 115 Grain +P+ , Jacketed Hollow Point. .38 caliber/38 Special, 158, semi-wad cutter, +P
QUALIFICATIONS 3. Every Member will qualify with their Department authorized firearms and Department authorized ammunition. 4. Members wishing to carry an authorized .38 caliber revolver as a (back-up) duty gun, or an off duty gun, must qualify at least one time annually. Qualifications for such firearms shall be administered by a Department Firearms Instructor. Members will not be compensated for such training which shall be accomplished on off duty time. Members must also provide the required ammunition. SERVICE & REPAIR 5. Members of the Department shall maintain their department authorized firearms in a serviceable condition. Unserviceability or damage shall be reported immediately. Said report shall be made to the Members immediate supervisor and the firearm shall be removed from service. All firearms removed from service must be presented to a Department armorer for inspection prior to repair. After repair the firearm shall not be returned to service until reinspected by a department armorer to insure serviceability. 6. No alterations on department authorized firearms will be done without permission of the Commissioner of Public Safety, except: a. Department approved fixed type, night sights. b. Department approved magazine extension, Glock 26 only. WEAPON SECURITY 7. Members shall be responsible for the security of their firearms at all times.
PAGE 3 OF 3
8.
All handguns carried while on duty will be secured in a Department authorized holster in a fashion consistent with the design of such holster as follows: A. B. C. D. Uniformed Street Patrol- Don Hume, model #H740SH36 (lynx) Uniformed Administrative Personnel waist level belt holster, color black. Non uniform Personnel waist level belt holster or shoulder holster. PRIMARY DUTY WEAPON WILL NOT BE WORN IN AN ANKLE HOLSTER WHILE ON DUTY. An authorized second handgun (back-up) may be carried while on duty in addition to the duty weapon, provided said handgun is not plainly visible. Backup weapon may be carried in an ankle holster.
E.
WEAPON SAFETY 9. Dry firing or snapping the action of a firearm is forbidden in or on any Department premises or in any Departmental vehicle, except at designated unloading stations or when authorized during firearms training programs. To minimize the possibility of accidentally discharging a weapon, firearms shall not be cocked and should be fired double action.
10.
SEE ALSO:
Deadly physical force.
Procedure No. 2.045
MEMORANDUM BOOK
SUBJECT:
MEMORANDUM BOOK
PURPOSE: To establish a uniform written format for reporting in the Official Memorandum Book., all calls and patrol activity and logging of Department equipment used during a tour by all Members of the Patrol Force. PATROL FORCE; 1. When commencing a tour of duty, LIEUTENANT, SERGEANT, POLICE OFFICER SHALL enter the following information in their official Memorandum Book. A. B. C. D. E. F. G. H. I. J. K. 2. Date Time Out Time In Weather Sector Assignment Vehicle Number Mileage Out Mileage In Portable Radio Number Portable radio Battery Number Portable Radio Case Number.
Chronologically log all calls dispatched on, listing the time, name, address and Incident Number (MV-61 or MV-61A). On calls that do not require an Incident Report i.e. False Alarms, Minor 10-70, Alarm Ringing and Insecure Premises, list the time, name (person or company), address and incident number. Sufficient information must be given on these calls to aid Support Services Division personnel in completing the Uniform Crime Report. Enter the time and location of Personal and Personal Necessity chronologically. List the location of any nuisances, obstructions, defects or other conditions that may endanger the health or safety of the public or be a source of liability against the City. Enter the name of the person notified in the aforementioned conditions. List the serial number of all Uniform Traffic Tickets issued and the reason why.
3.
4.
5. 6.
7. 8.
ADMIN. 2.045
PAGE 2 OF 2
9. Document all individual police action taken, including times in and out of Headquarters during a tour of duty; whether dispatched or not; include the pertinent facts of the activity. 10. At conclusion of tour of duty will sign his/her name including shield number in the Memorandum Book. FORMAT: 11. The format for documenting entries in the Memorandum Book will be completed as follows. a. Enter the date one half (1/2) inch from the left-hand margin. b. Directly under this on separate lines enter thee following headings: (1). (2). (3). (4). (5). (6). (7). Time Out; Time In; Weather; Assignment/Vehicle; Mileage Out; Mileage In; Portable Radio No. Battery No. Case No.
c. In the extreme left-hand margin enter the times of all calls, assignments, investigations, Personals, Personal Necessity chronologically. d. There will be no lines skipped on the entire format, including officers signature.
Procedure No. 2.046
MEMORANDUM BOOKS, SAFEGUARDING

SUBJECT:
MEMORANDUM BOOKS, SAFEGUARDING
PURPOSE: To revise the procedure for the safeguarding and inspection of Members Official Memorandum Books. POLICY: All Superior Officers assigned to the Patrol Division and all uniform Members of the Department below the rank of Sergeant must keep an Official Memorandum Book. PROCEDURE: UNIFORM MEMBERS: 1. 2. Members will document all entries as prescribed by Department Orders. Members shall be responsible for maintaining and safeguarding their Memorandum Books until completely filled. Members shall preserve their Official Memorandum Books in good order for future reference and inspection. Members shall turn in filled Memorandum Books to their Commanding Officers for forwarding to the Support Services Division.
3.
4.
COMMANDING OFFICER / DESK OFFICERS: 5. Commanding Officers will insure that each Members Official Memorandum Book is inspected daily each tour of duty, by him/herself or the Members immediate Supervisor. This shall be attested to by affixing the time and inspecting Supervisors signature in the chronological order of the Members book. Desk Officers will issue new Memorandum Books to Members upon receipt of filled books. They shall insure that Members receiving a new book fill out the Memorandum Book Control Card and forward same to Support Services Division, Record Unit. Desk Officers
6.
ADMIN. 2.046
PAGE 2 OF 2
shall forward all filled Memorandum Books to the Support Services Division, Record Unit for filing with official Departmental Records. 7. Memorandum Books will be sequentially numbered for each individual Member starting with the number one (1). Each Memorandum Book issued will be given the next number in ascending order. Example: If P.O. Doe returns in book number 5, the Desk Officer will issue P.O. Doe book number 6. A. Upon receipt of a filled Memorandum Book the Desk Officer will time stamp and sign the last page of the book. B. Before issuing a new book the Desk Officer will place the next appropriate number on the front of the book and sign and time stamp the first page.
Procedure No. 2.047 Grooming
Date Issued 1/4/93 Effective 1/18/93 History OPS-81-52 Page 1 of 2
Revised 1/4/93
SUBJECT: GROOMING
PURPOSE: To establish guidelines and regulations regarding personal grooming for all Members of the Department. A members hair shall be kept in a neat manner. The acceptability of the style will be judged by the criteria described below. MALE MEMBERS: 1. HAIR: A. Hair will be neatly cut and trimmed at all times while on duty. Hair may not extend beyond shirt collar except for closely cut hair at back of neck, nor shall any hair fall over eyebrows or any portion of the ears. Hair styles shall be conservative and not excessive in length. The maximum permissible bulk of hair shall be one and one-half inches in thickness at the back and side of the head. However, in no event shall the style or thickness of the hair interfere with the proper wearing of uniform head gear. The wearing of a wig or hairpiece, while in uniform or on duty, is prohibited except to cover baldness or physical disfigurement. When worn, it will conform to the standard haircut criteria as stated.
B.
2.
SIDEBURNS: A. Sideburns shall be neatly trimmed. The base will be clean-shaven horizontal line and may extend to the bottom of the ear lobe more than one inch wide.
3.
MUSTACHE: A. A neatly trimmed mustache may be worn which shall not extend beyond the corners of the mouth, over the top of the lip, not falling below centerline of lips. They shall not be twirled or curled. BEARD GOATEES: Beards or goatees shall not be permitted, A growth of facial hair shall be permitted while on duty, for medical reasons, when recommended by the police physician and approved by the Police Commissioner.
4.
ADMIN. 2.047 FEMALE MEMBERS: 5. HAIR: A.
PAGE 2 OF 2
Hair shall be neatly cut and trimmed at all times while on duty. Hair style shall be conservative and not excessive in length. The maximum permissible bulk of hair shall be one and one-half inches in thickness on top and one inch in thickness at the back and sides of head. However, in no event shall any hair style or thickness of hair interfere with the proper wearing uniform head gear. (1) Hair must be pulled back, away from the face and secured so that it does not touch the collar. Items used to hold hair up and not be decorative. Female Police Officers, while in uniform, will not wear their hair long at anytime. Decorative articles may not be worn in the hair.
(2) (3)
(4) 6.
MAKEUP: A. Makeup, if worn, is to be in moderation while in uniform.
7.
SHOES: A. Shoes to be worn while in uniform shall be black leather, plain toe, military style, low heeled, not more than two (2) inches.
MEMBERS: 8. JEWELRY: A. Members may not wear any item of jewelry which constitutes a safety hazard. (1) (2) Rings may be worn on only one finger of each hand while on duty. Earrings are not permitted or other facial ornaments.
NOTE: Wearing of jewelry as prescribed in Subdivision 8 shall apply to both male and female members. NON UNIFORMED MEMBERS: 9. Non- uniformed Members of the Department must conform to standards as prescribed for their gender unless approved by the Commissioner of Public Safety.
Procedure No. 2.048
INSPECTION OF DEPARTMENT LOCKERS

Page 1 OF 1 Revised
SUBJECT:
INSPECTION OF DEPARTMENT LOCKERS
To permit the inspection of a Department locker in connection with an official investigation. POLICY: Department lockers may be inspected at any time during an official investigation by a Superior Officer. If the Member assigned to a locker is not presented during an inspection, the inspecting superior is required to notify the Member concerned, and provide for the safekeeping of the equipment and reimbursement to the Member if a secondary lock is damaged. PROCEDURE: When a Member of the Department is directed to open his/her locker by a Superior Officer: MEMBER: 1. The Member shall comply with the direction to open the locker and with all other directions from the Superior Officer. The Member shall be responsible for securing the locker after the inspection.
2.
SUPERIOR OFFICER: 3. The Superior Officer shall delineate the following information in a MV-93 (Supervisors Report) whenever conducting an inspection : A. B. C. D. E. The number of lockers inspected The name of the Member to whom each locker was assigned The reason for the inspection The results of the inspection The names of every Member present for the inspection
Procedure No. 2.049
DEPARTMENT WEAPONS, SAFEGUARDING

Page 1 OF 1 Revised
SUBJECT:
DEPARTMENT WEAPONS, SAFEGUARDING
PURPOSE: To establish a procedure for the safeguarding, inventory and control of Departmental Weapons. POLICY: All Department Weapons, Ammunition and systems relating to same, shall be secured either in the Department Armory, or in an approved, secure storage system deemed appropriate by the Chief of Police. PROCEDURE:
1. Access to the Department Armory shall be controlled by the Commanding Officer of the Support Services Division. The Chief of Police, in exigent circumstances, may grant access to the Armory. 2. A Log Book shall be maintained by the Commanding Officer of the Training Unit, for the purpose of inventory control and tracking. 3. Annual inventories and spot inspections shall be conducted by the Commanding Officer of the Training Unit.
Procedure No. 2.060
HONOR AWARD APPLICATIONS

SUBJECT:
HONOR AWARD APPLICATIONS
PURPOSE:
To establish policy for the review of Honor Award Applications for acts by Members deserving Departmental Recognition.
POLICY: 1. The Honor Board shall consist of the following members of the department: Commissioner Deputy Commissioner Chief of Police Departments Executive Officer Commanding Officer Patrol Division Commanding Officer Detective Division Commanding Officer Support Services Division Commanding Officer Special Operations Division 2. Members of the Honor Board shall meet once every three (3) months to review all Honor Award Applications concerning Members of the Department. Requests for consideration for an Honor Award shall be made on an MV-93 Supervisors Report and marked Honor Award Application.
3.
SUPPORT SERVICES DIVISION: 4. The administrative processes concerning the receiving and processing of applications, and the recording of results, and the presentation of awards shall be the responsibility of the Commanding Officer of the Support Services Division.
CIVILIAN COMPLAINTS
Date Issued 1/4/93 Effective 1/18/93 History 1/18/93
SUBJECT:
CIVILIAN COMPLAINTS
CIVILIAN COMPLAINTS AGAINST MEMBERS OF THE DEPARTMENT
DEFINITIONS:
A complaint is an allegation of an improper or unlawful act, or omission, which elates to the business of the Department or to any Member of it. Complaints are divided into the following categories: A. B. C. D. E. F. Unnecessary or excessive use of force Abuse of authority Discourteous or abusive behavior Corruption Gratuities Misconduct
PROCEDURE: 1. If a complaint has no bearing on this Department, refer complainant to the correct agency. Desk Officer shall make an entry in Day Book. Proper method of making a complaint: A. Persons will be advised that the proper procedure is to make a written statement in his or her own handwriting, on approved form as to the nature of the complaint. The completed form will be returned to the office of the Chief of Police for processing. The Chief of Police or his designee will prepare copies of said complaint and forward one (1) copy to the Commissioner.
2.
B. C.
3.
Complaints received by Members of the Patrol Force and other Units on Patrol: A. Advise complainant to go to Police Headquarters or contact same by telephone to formalize the complaint. Request name and address and nature of complaint.
B.
C. D.
Make entry in memo book. Immediately notify Desk Officer and at the end of tour submit an M.V.5
ADMIN. 2.061-1 4. Complaints received by Desk Officer: A.
PAGE 2 OF 3
Civilians lodging complaints of past misconduct by officers of this Department will be supplied with a Civilian Complaint Report (MV 97) by the Desk Officer with instructions to complete the form. The Desk Officer shall offer assist the complainant to complete the MV97 while at Headquarters. He will also advise the completed form may be returned by mail to the Chief of Police or in person to the Desk Officer. The Desk Officer must issue this complaint form and attempt to obtain the name, address and telephone number of the complainant. Make an entry in the Day Book indicating the above information and specify that an MV-97 was issued. The Desk Officer accepting the complaint will make observations of the complainant regarding his general physical appearance and general behavior, and record such observations in the Day Book. Observations may include whether complainant was apparently intoxicated, drugged, disturbed, physical condition and appearance, etc. 1. Upon receipt of a completed MV-97 the Desk Officer must complete the last line of the Civilian Complaint Report, which includes; RECEIVED BY; TIME; DATE; LOCATION; RELATED INCIDENT NUMBER. Any complaint received by the Desk Officer will be treated as confidential, and forwarded to the Chiefs office in a sealed envelope.
2.
5.
The office of the Chief of Police shall: A. B. Keep proper records. Upon receipt of written, signed complaints, the Chief of Police will assign said complaint to the subject officers commanding officer or to the Internal Affairs Officer for immediate investigation and report. Upon completion of the investigation the Chief of Police will review all reports and endorse with recommendations to the Commissioner of Public Safety. The Chief of Police shall be responsible for the proper processing of complaints and assignment of serial numbers. Decision and Notifications In all complaints, the complainant shall be notified of the results of the investigation either in person, by telephone., or in writing. The notification shall be made by the Chief or his designated representative. If the investigation resulted in disciplinary action against the Department Member, the complainant shall be advised only that Appropriate disciplinary action has been taken; the specific action shall not be released.
C.
D.
E.
1. In cases where the complaint concerns an act of misconduct in progress, the Chief of Police will be immediately notified by the Desk Officer, if such complaint is made at times other than when the Chief of Police is on duty, the senior patrol superior officer will immediately commence an investigation . 7. Internal Affairs: A. By direction of the Commissioner, Deputy Commissioner or Chief of Police the Internal Affairs Unit may be utilize to investigate a Civilian Complaint.
8.
Off duty members complained of:
ADMIN. 2.061-1
PAGE 3 OF 3
A.
If member complained of was off duty or on sick report at the time of alleged misconduct and the incident happened in Mount Vernon, the foregoing legal procedures will be followed. If the incident occurred outside Mount Vernon, the Internal Affairs Unit, if available, shall conduct the investigation; if not available, a supervisor will be designated.
B.
9.
Report at completion of investigation shall contain: A. B. C. D. Complaint originally received . When received, by whom. Summary of complaint, identify and statement if witnesses and others interviewed. Steps taken during investigation, nature and results of inspections, examinations and surveys. Findings. Recommendations for further action. Report shall be submitted within fifteen (15) days.
E. F. G. 10.
Statements taken from any witness or the complainant shall be done without unnecessary delay. A. Written, typed or oral (tape recorded) statements taken from witnesses or complainants shall be conducted only by a Member of the Department. Transcripts of tape recorded statements may then be transcribed by civilian employees.
B.
DISCIPLINARY PROCEDURE
SUBJECT: DISCIPLINARY PROCEDURE

PROCEDURE: INVESTIGATION: 1. Whenever there is a complaint of a Member being in violation of the law or the Rules and Regulations of the Department, when practical, the Members immediate supervisor shall conduct the investigation and prepare a Supervisors Report (MV-93) with recommendations and forward to the Members Division Commanding Officer. When another Superior Officer conducts such an investigation and a subordinate Member is found in violation of the Rules and Regulations, the Members immediate supervisor on duty at the time the violation occurred shall be notified. The Superior Officer conducting the investigation must relay to the subordinates immediate supervisor, all pertinent facts of the investigation to substantiate any recommendation for Departmental Charges. A Superior Officer who disagrees with the evaluation of the investigating officer shall forward a report to the next ranking officer, outlining the reasons that charges are not substantiated or warranted. The reports shall be forwarded in order of the chain of command with each officers recommendation. The final decision shall be resolved by the Commissioner. When an investigation conducted by the Internal Affairs Unit classified Confidential results in Departmental Charges against an officer, the Internal Affairs Officer may, at the direction of the Commissioner of Public Safety, file such Charges.
2.
3.
4.
5.
6.
If, however, the officer complained against is of equal or higher rank than the Internal Affairs Officer, a higher ranking Superior Officer shall prepare the Departmental Charges.
CHARGES: 7. Charges in writing shall be preferred against a Member of the Department alleged to be guilty of infractions of the Rules and Regulations or of Department Orders or instructions or of conduct to the prejudice of good order, efficiency and discipline. Charges in writing shall be prepared under the supervision of the Chief of Police or his designee against the alleged delinquent and shall forward them promptly to the Corporation Counsel for review. Upon approval of the Corporation Counsel they will be forwarded to the Commissioner of Public Safety. All charges shall be signed by the Chief of Police .
8.
ADMIN. 2.062-1 9. 10.
PAGE 2 OF 4
Charges may be declared frivolous and dismissed by the Commissioner of Public Safety. Each Member of the Department to be tried on charges shall be served a copy of the charges and specifications together with a notice hearing. Service shall be made on the accused as follows: A. B. Personal delivery of charges and specifications together with a notice of hearing. Or, if personal delivery cannot be made, then by leaving a copy of the charges at his residence with some person of age or discretion and by notifying such person orally of the nature of the papers.
11.
12.
Members of the Department served with charges shall acknowledge such service by signing and returning the original and one (1) copy thereof that have been approved by the Commissioner or his designee. The officer serving the charges shall certify above his signature on the two (2) copies returned, the date, time , place and manner of service and forward to the Chief of Police or his designee. Notice to Members to appear as complainant or witness may be sent by telephone instead of Personnel Order. Should valid reason prevent compliance with such notification, the Member sending said message shall advise the Commissioner of Public Safety or his designee immediately.
13.
TRIALS: 14. A trial shall be conducted without unnecessary and unreasonable delay and without offensive speech or action on the part of anyone. The Deputy Commissioner or designated Hearing Officer, may exclude forthwith, without prejudice to the accused, from further attendance at a hearing, a person who offends against any of these requirements. The following procedure for the trial of a Member has been adopted by the Department. Departure there from shall not invalidate the proceedings unless it be conclusively shown in writing addressed to and delivered to the Commissioner of Public Safety within twenty-four (24) hours after the case is closed, that such departure adversely or injuriously affected the rights of the accused. A. B. The charged party will be served with a written specification of charges; The charged party will carefully read the written specification of charges and sign the acknowledgment in the space provided; The charged party may enter a plea of guilty or not guilty in the spaces provided on the specification of charges form; Charged party will provide the office of the Corporation Counsel with the name, address and telephone number of his attorney within ten (10) days of the service of the specification of charges; ON THE DATE OF TRIAL, the hearing officer will formally arraign the charged party, hear and determine any motions or applications for dismissal, adjournment, etc., and, in the hearing officers discretion, proceed immediately to trial of the charges.
15.
C.
D.
E.
ADMIN. 2.062-1 F.
PAGE 3 OF 4 The Deputy Commissioner of Public Safety or Designated Hearing Officer may, in his discretion, exclude from the trial room, every person, except the accused, his counsel, the prosecutor and counsel, the District Attorney, Court Clerk and stenographer. At the conclusion of the testimony offered by the witnesses for the accused, witnesses may be called by the Department in rebuttal. They are subject to cross examination. The accused shall then have an opportunity to introduce such other testimony as is competent and material. The accused shall be given the opportunity to testify under oath in his own behalf and be subject to cross examination by the Department. The accused and the Department shall be given a brief opportunity to sum up or make pertinent motions. In order to effectuate the above, the charged party will be fully prepared for trial on the date specified in the written Specifications of Charges; he/she will be present at the date and time stated and secure the attendance of his/her attorney and any witnesses he/she may have.
G.
H.
I.
J.
K.
16.
Any Member of the Department may be required by the Commissioner of Public Safety to give a statement under oath for the purpose of explaining his conduct at any time. He shall also testify under oath at a trial of any charges preferred against any other Member when directed by the Commissioner of Public Safety. In case of his refusal to testify when so directed, he shall be deemed guilty of disobedience of orders and may be subject to dismissal from the Department or such other punishment as the Commissioner of Public Safety may direct. Any Member of the Department shall be deemed unworthy to exercise the powers of a police officer who is unwilling to make known and explain his conduct or to comply with the provisions of the above paragraph when required to do so by the Commissioner of Public Safety.
17.
ADJOURNMENT OF CHARGE: 18. When a Departmental Trial is scheduled or is rescheduled by adjournment, it shall be so recorded on the Specifications of Charges by the office of the Commissioner or Deputy Commissioner. The Chief of Police shall be so informed and he shall: A. Properly notify, in writing, each officer and/or person who must appear, of the adjourned date, time and place of appearance. Have the person notified sign a copy of the written notification, verifying he has been so informed. Forward verifications to the officer where trial papers are held to be included in file. Make necessary arrangements for stenographic service for Departmental Trial.
19.
B.
C. D.
ADMIN. 2.062-1 PUNISHMENT:
PAGE 4 OF 4
20.
A Member of the Department found guilty of a violation of a Rule and Regulation or of the provisions of any order or orders, or of disobedience of orders, or of cowardice, or of intoxication while on duty, or while in uniform, or of conduct unbecoming an officer, or of making a false official statement or of having been convicted in a court having criminal jurisdiction, may be dismissed from the department or suffer such other punishments as the Commissioner of the Public Safety may direct. Disorder or neglect to the prejudice of good order, efficiency or discipline, though not specifically mentioned in the Rules and Regulations, shall be taken cognizance of by the Department and Members of the Department found guilty thereof shall be punished at the discretion of the Commissioner of Public Safety. A Member of the Department may be punished by the Commissioner of Public Safety in his discretion, by reprimand, forfeiture of time off, forfeiture of pay, or withholding of pay for a period of not exceeding thirty(30) days, for any one (1) offense, or by dismissal from the Department on conviction of any offense of the Rules and Regulations of the Department of Public Safety as promulgated.
21.
22.
SUSPENSION: 23. Members of the Department may be suspended from duty, whenever in the opinion of the Commissioner of Public Safety, such action is appropriate. Unless otherwise directed by the Commissioner of Public Safety, a Member of the Department under suspension, shall report daily in person to the Deputy Commissioner or Desk officer and the time of his report entered in the Day Book. Upon suspension a Member of the Department shall surrender at once, all Department property including any and all firearms, which property shall be retained by the Deputy Commissioner and returned to him when relieved from suspension or restored to duty. During the period of suspension he shall not wear his uniform
24.
25.
JUDGMENT AND RECORD: 26. The judgment of the Commissioner of Public Safety upon charges, shall be in writing, duly entered into the records of the Department of Public Safety by the Personnel Officer. Records are to be placed in the Members Personnel File (201 file) and are retained by the Department indefinitely.
COMMAND DISCIPLINE
SUBJECT:
COMMAND DISCIPLINE
POLICY: To provide for the authoritative utilization of supervisory discipline of specified minor violations of Police Department Rules and Regulations at an appropriate management level. To dispose of specified rules violations without resorting to Formal Charges and Departmental Hearings.
DEFINITION: Command Discipline A procedure to correct minor deficiencies, non judicial punitive action and maintain discipline within the command of the supervisory officer.
PURPOSE: Enable the immediate supervisor to deal effectively with minor violations. Provide additional tools for Superior Officers in carrying out the supervisory function. Create a concise disciplinary structure between members of the department and their immediate supervisor. Encourage compliance with all aspects of the Manual of Procedures and all other Department policies and directives.
ELEMENTS: Command Discipline shall be discretionary on the part of the supervisors and will be voluntary on the part of the Member concerned. Superior Officers at all levels are to continue to utilize all means available to improve attitude and performances. Command Discipline procedures will provide additional strength to the supervisory function in situations requiring emphatic discipline rather verbal admonition, yet not serious enough to require formal charges. PROCEDURES: 1. All of the following conditions must exist before Command Discipline may be instituted.
ADMIN. 2.063-1 A.
PAGE 2 OF 5 The minor violation is not aggravated by concurrent circumstances which make it inappropriate of disposition by Command Discipline. The Department Member is not on probation as a result of a previous disciplinary proceeding. The Member of the Department has not been the subject of either two (2) Command Discipline and/or two (2) Formal Charges within the past twelve (12 ) calendar months. The Member of the force does not contest the accuracy of the facts reported and does not desire a trial of the issue (voluntarily submits to Command Discipline accepting the facts as presented). The Supervisor believes that the future performance of the Member of the Department will be improved through the application of the Command Discipline. The Commanding Officer concurs with the Supervisors recommendation.
B. C.
D.
E. F. SUPERVISOR: 2.
File Form MV-93 and forwarded to Commanding Officer.
COMMANDING OFFICER: 3. 4. 5. Investigate to determine if allegation is substantiated. Indicate findings on report if allegation is unsubstantiated. If substantiated and it is the intent to dispose of incident under Command Discipline, interview Member concerned. Advise member of alleged violation. Forward the investigation and recommendations to the Chief of Police.
CHIEF OF POLICE: 6. Inform Member of results of investigation and if allegation is substantiated and if substantiated, advise member that he may. A. B. 7. Accept findings and proposed penalty. Decline to accept Command Discipline and choose Formal Charges.
Give Member a copy of Command Discipline Request/Waiver, M.V.-64 (Member signature required for acceptance or refusal).
MEMBER: 8. Notify Commanding Officer by submitting MV-64 within three (3) working days of the option he has selected.
COMMANDING OFFICER: 9. Forward copy of MV-64 to Support Services Division with original MV-93 for filing.
ADMIN. 2.063-1 10.
PAGE 3 OF 5
Forward all original MV-64 and copy of MV-93 to Commanding Officer Patrol Division for entry in Command Discipline File. These reports shall be maintained in Command Discipline File for a period of twelve (12) calendar months.
IF MEMBER ELECTS FORMAL CHARGES: 11. Commanding Officer shall prepare Charges and Specifications and forward with Command Discipline Request/Waiver and all reports to Chief of Police for trial date.
AUTHORIZED PENALTIES UNDER COMMAND DISCIPLINE
PENALTIES: 14. When proposing penalties under Command Discipline, a Commanding Officer or Patrol Captain may recommend any one of the following. A. Forfeiture of up to five (5) vacation, personal or award days or any accumulative earned time (compensatory time) Forfeiture of up to five (5) regular days off which shall not exceed one (1) day per excused period. (This shall commence within minimum of twenty- four (24) hours after completion of proceeding tour). Change of Members tour of duty not to exceed four (4) tours.
B.
C.
In addition, the above actions would not preclude a Commanding Officer from: D. E. Warning and admonishing orally or in writing which would be filed with papers. Change of assignment either temporarily or permanently (Recommendation in writing submitted to Commanding Officer of Division for endorsement).
15.
VIOLATIONS SUBJECT TO COMMAND DISCIPLINE
The following violations may, upon approval of the Chief of Police be adjudicated by Command Discipline: A. B. C. D. Failure to maintain neat and clean personal appearance. Improper uniform equipment. Reporting late for duty. (Limited to 1st and 2nd occasions). Failure to respond, report promptly or acknowledge radio calls. (Limited to 1st occasion). Failure to maintain department vehicle in a clean and serviceable condition. Failure to notify Desk Officer or his designee when leaving Post for police or personal necessity. (Limited to 1st occasion) Unauthorized riding in Departmental vehicle.
E. F.
G.
ADMIN. 2.063-1 H.
PAGE 4 OF 5 Carrying packages, newspapers or other articles while in uniform or Department vehicle, as prohibited. Littering or defacing Headquarters building. Improper or omitted Memorandum Book entries. Improper or omitted official reports, Department records or forms. Smoking when prohibited. Failure to lock or safeguard Department vehicle (Limited to 1st occasion). Failure to safeguard Department property (Limited to 1st occasion). Failure to supply name and shield number to person requesting. Failure to answer or use Department telephones as required. Failure to salute Superior Officers or the colors. Loss of Summons Book. Loss of Identification Card or card key. Failure to notify Department when address, telephone or social condition changes. Failure to be familiar with Post Book orders and Post boundaries, etc. (1st occurrence). Failure to perform or improper performance of patrol or investigations (1st occurrence) Failure to report sick at least one (1) hour prior to start of tour, when possible. Absence from meal location , when on patrol. Unnecessary conversation, radio communications. Failure to make routine inspections and surveys required; AND
I. J. K. L. M. N. O. P. Q. R. S. T. U.
V.
W. X. Y. Z.
ANY OTHER VIOLATIONS THE CHIEF OF POLICE DEEMS APPROPRIATE.
16.
Personnel owing the Department time under the Command Discipline Procedure and are ordered to report for specific tour of duty, shall be notified not less than less than five (5) days prior to the commencement of such tour. When a Police Officer , who owes the Department time after accepting Command Discipline is ordered in to work a specified tour of duty, it will be documented by the issuance of a Personnel Order.
17.
ADMIN.2.063-1
PAGE 5 OF 5
18.
If a Police Officer fails to report as ordered, the Desk Officer shall notify the ranking officer of the subordinate who failed to report, to complete an investigation and forward same to the Chief of Police with recommendations.
PERSONNEL OFFICER: 19. A log for all Command Discipline occurrences shall be maintained by the Commanding Officer, Patrol Division. It shall be his responsibility to insure accurate record keeping of files relating to Command Discipline.
Procedure No. 2.064
ADMINISTRATION OF DOLE TEST

SUBJECT:
ADMINISTRATION OF DOLE TEST
PURPOSE: The administration of the Dole Test is a test procedure utilized by this Department to detect the presence of drugs and/or alcohol in the urine of Members of the force suspected of illegal drug or alcohol usage. To balance the public interest in having a drug free Police Department against the individual employees right to privacy, Doles Tests will be administered when there is reasonable basis to believe that an individual Member of the Department is wrongfully using drugs. When reasonable basis exists, the Member suspected of using drugs/alcohol MUST take the Dole Test, when directed, refusal will result in immediate suspension from duty and subsequent service of Charges and Specifications. In addition, the Dole Test will be used for drug screening anytime during a Members probationary period. MEMBERS: Accordingly, when any member of the department has reasonable basis to believe that any other member of the department is illegally using drugs, the member concerned will notify his/her commanding officer, IMMEDIATELY, and furnish the rank, name and command of the suspected member, if known. The commanding so notified, will notify the Chief of Police and comply with instructions received there from. SUPERIOR OFFICERS: The supervisory officer assigned to conduct an investigation of the suspected illegal drug use, regardless of the command to which permanently assigned, will prepare a case folder for documentation of all aspects of the investigation. The Chief of Police will contact the Commissioners and confer with the Commissioner to obtain approval for administration of a Dole Test after completion of an investigation in which REASONABLE BASIS has been established. If prior to completion of the investigating officer will contact the Commissioner or Chief of Police, the Deputy Commissioner will be contacted. When the department approves the administration of a Dole Rest, the investigating officer will contact a designated Superior Officer who will administer the Dole Test to properly record approved Dole tests, the Chief of Police will maintain a Dole Test Log for entry of required information. To further protect the employees right to privacy in those cases in which the results of the Dole Test do not indicate the presence of a narcotic substance/alcohol, the investigators case folder will be sealed and kept in a locked, secured file. The folder will not be unsealed without the written authorization of the Commissioner. Further, any reference to the administration of the Dole Test in the personnel folder of the Member will be expunged.
ADMIN.2.064
PAGE 2 OF 2
Any Member attempting to circumvent this testing by any means will be subject to disciplinary action. A. Effective February 12, 2001, as per contractual agreement between the City of Mount Vernon and the Police Association have agreed to Random Drug Testing of members of the service. Selection of members to be tested on a random basis shell be performed by the KRS Enterprises DOT system program or its equivalent. A password is required to randomly select employee numbers. One-half of the password shall be maintained by the Chief of Police, and the other half by the Police Association president. Only pre-specified number of individuals may actually be tested. Up to fifty percent (50%) of the Department may be randomly tested within a calendar year. Reasonable notification will be given to an Association representative. A member selected will be ordered to report for testing. Members will not be given advance notice of randomly scheduled tests. If a member refuses to submit to testing, the member will be treated as though he/she had a positive result and will be served with subsequent Charges and Specifications. The member will be relieved of duty immediately. N Upon service of Charges, the member willl be removed from payroll. Refusal to submit to the test is grounds for disciplinary action, up to and including termination. Members of the Department will not be recalled to duty for random testing on their regular scheduled days off or on a mutual or personal day. All random employee selection sheets and corresponding computer control sheets will be maintained in the Chiefs Office. Random Drug Testing will be done by means of either urinalysis or radioimmunoassy (hair) testing. The member must identify any medications that he/she is taking and this information will be recorded on a form supplied by the testing lab. All positive test results will be reviewed and verified by a Medical Review Officer designated by the Department. The Medical Review Officer shall be one of the Police Physicians. The Medical Review Officer shall prepare a report for the Department. In addition, prior to promotion to a higher rank. Or assignment to a specialized unit or to the Detective Division, officers shall submit to a drug test. Such test will be performed in accordance with the procedures utilized for random testing with the exception of selection. Specific information regarding Random Drug Testing can be found in Article XIV, Appendix A, of the Collective Bargaining Agreement.
B.
C. D. E. F.
G. H. I. J. K.
L.
M.
Procedure No. 2.065
GRIEVANCE PROCEDURE
SUBJECT:
GRIEVANCE PROCEDURE
PURPOSE: To outline procedures for the adjudication of grievances made by Members of the Department.
PROCEDURE: Should a Member feel that his/her rights and/or privileges have been violated, he/she may initiate a grievance through the Police Benevolent Association
1.
The individual employee, through his PBA representative, shall review such grievance with his immediate Superior Officer. If such grievance is not satisfactorily adjudicated, then the President of PBA shall review such grievance with the Commissioner of Public Safety. If such grievance is not satisfactorily adjudicated, then the matter shall proceed to advisory arbitration under the Rules and Regulations of the American Arbitration Association.
2.
3.
A.
The grievance must be submitted to arbitration within thirty (30) days of the events giving rise to the grievance or within thirty (30) days of knowledge of the events giving rise to the grievance or within thirty (30) days of when the grievant should reasonably have known of the events giving rise to the grievance or it shall be deemed waived and barred.
Procedure No. 2.080
INVESTIGATIVE PROCESS
SUBJECT:
PURPOSE: To increase the effectiveness of the Mount Vernon Police Departments investigative efforts by: A. Defining the components of the preliminary investigation process, and establishing responsibility and accountability for that process. Concentrating investigative activity by Patrol Officers, Youth Officers, and Detectives. Concentrating follow-up investigative resources on cases which indicate the best proven potential for solution.
B. C.
DEFINITION: The preliminary investigation process in the sum total of specific and documented activities performed by police, immediately after a crime is brought to their attention. During this initial phase, the majority of case solving information is developed. The quality of the preliminary investigative effort and the accurate and thorough reporting of that effort directly affects the final outcome. DUTIES & RESPONSIBILITIES: EMERGENCY SERVICE DISPATCHERS/COMMUNICATION SPECIALISTS: 1. Emergency Service Dispatchers/Communication Specialists who receive a call for service report shall: A. Determine the status of the complaint by soliciting information as to the type of the incident being reported, whether or not the offense is in progress , whether there is continuing potential for physical injury, property damage, on scene arrest, etc. If in the progress or just committed, obtain all available information describing suspects, suspect vehicle(s), and the type of force or weapons used; For in progress incidents, attempt to maintain contact with complaint until all available information has been received.
B.
C.
2.
For major in progress crimes, Dispatchers/Communication Specialists shall broadcast all available offender and vehicle information immediately after receipt and, where appropriate, deploy available field units in a pattern conducive to suspect apprehension. Teletype Hot Line transmission, if applicable.
ADMIN. 2.080 PATROL PERSONNEL: 3.
PAGE 2 OF 2
Proceed to the report scene immediately, but cautiously, being alert for possible suspect(s) or suspect vehicle(s). Upon arrival at the scene, aid and comfort the victim and secure the scene to protect physical evidence. Transmit to other police units information of immediate relevance to intercepting a suspect or suspect vehicle. Obtain and record a complete description of property taken (serial numbers, model, colors, damage, value, etc.). Expend that amount of time required to conduct a thorough preliminary investigation, taking in account character of inquiry, appropriate in each case, the immediate demand for performance of other police services, good police judgment, and supervisory approval. Continue the preliminary investigation until: A. All useful information has been obtained from victim(s), witness(es), neighbors, or other people present in the area.
4.
5.
6.
1.
8.
9.
At the conclusion of the preliminary investigation: A. Enter a recommendation in the appropriate place on the Crime Investigation Report. Recommend follow-up by Youth Officers or Detectives, and/or refer the case for crime prevention follow-up.
DESK OFFICER: 10. The responsibilities of the Desk Officer will include monitoring the quality of the preliminary investigation process by auditing reviewing the Crime Investigation Reports. If a C.I.R is not readable, is incorrect , has conflicting information, lacks sufficient information, or needs additional documents, it shall be sent to the originating officer(s) immediate supervisor for corrective action. If the originating officer is not on duty a copy of the report shall immediately be forwarded to the Records Unit. In the top border of the copy write, Original returned for completion.
Procedure No. 2.081
INVESTIGATIVE RESPONSIBILITY
SUBJECT:
INVESTIGATIVE RESPONSIBILITY
PURPOSE: The purpose of this order is to establish areas of responsibility for conducting criminal investigation to achieve a more effective utilization to achieve more of Departmental resources. POLICY: Every Member of this Department must clearly understand his/her responsibility for conducting criminal investigations and the inter-unit relationships involved. PROCEDURE: PATROL DIVISION: 1. All preliminary investigations, except those initiated by Units as authorized by competent authority, will be conducted by the Uniform Patrol Force. Members assigned to patrol duties will be responsible for conducting preliminary investigations of all non-criminal calls for police services. The preliminary investigation of all crimes should be conducted by the Patrol Officer. Offenses can be referred to proper investigative units.
2.
3.
PATROL SUPERVISORS: 4. Patrol Supervisors are responsible for: A. Insuring that a thorough and complete preliminary investigation has been conducted by officers under their supervision. Assisting officers under their direction in resolving questions as to whether specialized investigators should be notified.
B.
ADMIN. 2.081
PAGE 2 OF 2
SERIOUS CRIMES:
PATROL/DETECTIVE: 5. The following offenses are of a serious enough nature to require the immediate response of a Detective. The assigned patrol officer and/or his Patrol Supervisor must immediately request investigators assistance through the Communications Unit in these cases: A. Deaths of a violent or suspicious nature, D.O.A. where no physician signature, and the incident becomes a Medical Examiners Case. All rapes or sodomy. Assaults by use of a dangerous or deadly weapon. Robberies, and serious assaults by use of a dangerous or deadly weapon. Burglary where there is an urgent need for immediate investigation and follow-up. Requested by Patrol Supervisor.
B. C. D. E.
6.
If the victim or offender, in these cases, is a juvenile, then a Youth Detective shall also be requested in order to assist the Patrol Officers (patrol and detective) during the preliminary investigation.
RESPONSIBILITIES PATROL OFFICERS: PRELIMINARY INVESTIGATION: 7. The assigned Patrol Officer is responsible for and will be required to complete the preliminary investigation and obtain adequate information to properly complete the Crime Investigation report. (MV-61). Upon arrival of the Detective, he will assume the responsibility of the investigation. The Patrol Officer will assist and support the investigator and complete the preliminary investigation. If procedural issues arise during the preliminary investigation, they should be resolved by the Commanding Officer of the Detective Division, or his designee. It is his responsibility to ensure a thorough, complete and qualitative investigation.
8.
9.
FOLLOW-UP: 10. Patrol Officers and Patrol Supervisors shall assist and support the Detective, if needed, during the follow-up investigation. The Detective Investigator assumes full responsibility for the ensuing follow-up investigation
Procedure No. 2.082
ON/OFF DUTY INVESTIGATIONS

SUBJECT:
ON/OFF DUTY INVESTIGATIONS
PURPOSE: To instruct Members of the Department in the proper handling of investigations. POLICY: Members of the Department, whether on/or off duty, SHALL NOT conduct an investigation within the boundaries of the City of Mount Vernon or outside the boundaries of the City of Mount Vernon without first notifying a Superior Officer, unless dispatched as part of their normal duties and responsibilities.
PROCEDURE: 1. Members shall notify the Desk Officer of any unusual situation and pertinent information regarding same, as soon as possible.
DESK OFFICER: 2. An entry will be made in the Day Book by the Desk Officer regarding the incident. Desk officer shall notify the Ranking Officer on duty, who will then advise or assign the personnel required (Uniform and/or Detective) to take necessary action.
Procedure No. 2.083
SOLVABILITY FACTORS
SUBJECT:
SOLVABILITY FACTORS
PURPOSE: To define the components of the Solvability Factors, and establish the procedures for the Patrol Divisions utilization of these Solvability Factors For Early Case Closure and Case Referral to the Detective Division and Overrides of the Solvability Factors for use in felony cases. SOLVABILITY FACTORS; 1. For the purpose of the order, a Solvability Factor will be deemed to be present if any of the following factors are apparent at the end of the preliminary investigation process by a member of the Patrol Division. A. WITNESS TO CRIME? A witness (s) to the crime has been identified and the information the witness can offer is material and relevant to the investigation. B. SUSPECT IDENTIFIABLE? A victim or witness indicated that they can identify the suspect or accomplice from a photo file or line up. C. SUSPECT NAMED? The suspect or accomplice has been named (full name, partial name, nickname, or alias). D. SUSPECT LOCATABLE? Significant data is available about the suspect(s) or accomplice(s) whereabouts such as an address or location frequented. E. DISTINCTIVE DESCRIPTION? A precise distinctive description of the suspect or accomplice is available. A description of Male/White, Male/Black, 59, wearing jeans and shirt, is not a distinctive description. A description of a M/B, head shaved, tattoo of an eye on the forehead with missing left thumb is a distinctive description.
ADMIN. 2.083 F. IDENTIFIABLE VEHICLE?
PAGE 2 OF 3
The suspect or accomplices vehicle license number is known completely, or sufficiently known to be traceable or the suspects vehicle has some unique characteristics which make it readily identifiable from others of the same type. G. TRACEABLE PROPERTY? Any property associated with crime is traceable via serial numbers, engraving, or is a distinctive one (1) of a kind. H. DISTINCTIVE M.O.? An unusual, distinctive modus operandi is identified. I. SIGNIFICANT PHYSICAL EVIDENCE? Significant physical evidence, either traceable or uniquely distinctive is developed. J. FINGERPRINTS: A legible fingerprint is observed with the naked eye. K. LIMITED OPPORTUNITY (INSIDE JOB)? The circumstances of the offense clearly limits the opportunity to commit the crime to one (1) or a very limited number of suspects. L. OTHER SIGNIFICANT REASON? This shall be utilized to override the Solvability Factors and refer a case to the Detective Division where there may exist political or racial ramifications or in the judgement of Desk Officer other significant reasons exist. 2. Copies of the solvability checklist printed on cardboard overlays, shall be issued to and maintained in the Radio Motor Patrol vehicles, the Complaint Room, and the Main Desk of Headquarters. (See attached copy.). Upon the completion of the preliminary felony investigation by a Member of the Patrol Division, the officers shall: A. Place the solvability factor check list overlay on top of his/her MV-61 and align the alphabetically lettered questions with the corresponding alphabetically lettered check off boxes on the right hand side of the MV-61. Using the solvability factor definitions outlined in this order, place an (X) in the corresponding alphabetically lettered boxes for which the answer is YES. In any felony case in which an (X) has been placed in any Box A through K, the case will be referred to the Detective Division for follow up. Whenever Box L is to have an (X) placed in it, the member of the Patrol Division must contact the Desk Officer for final decision. If this box is checked off, the case will be referred to the Detective Division.
3.
B.
C.
D.
ADMIN. 2.083
PAGE 3 OF 3
4.
If NO (Xs) can be placed in the alphabetically lettered boxes on the right hand side of the MV-61 after utilizing the Solvability Factor Check List, the officer shall fill in Box # 58 on the MV-61 with the words EXCEPTIONAL CLEARANCE, no further follow up or referral will be required.
5.
Overrides to the Solvability Factors. The following shall be overrides to the Solvability Factors and shall require that the case be followed up by the Detectives Division.
A. B. C.
Any Class A, B, or C felony Any felony where an X has been place in Box A through K Any incident where, in the opinion of the Desk Officer, a Significant Reason exists, indicated by a check in Box L Any death other than natural cause or will be an Medical Examiner case Rapes or sodomy Assaults or other incidents where the victim suffers serious physical injury requiring medical attention Burglary of a financial institution or any theft wherein the property value exceeds $5,000 Arrests that have been made, when the arrestee may have been involved in other related offenses Any offense involving use of a firearm
D. E. F.
G. H.
I.
THE MEDICAL EXAMINER IS TO BE NOTIFIED IN THE CASE OF ALL DEATHS
Procedure No. 2.085.1
STANDARDIZED INCIDENT REPORT (DCJS-3205)

Page 1 OF 1 Revised
SUBJECT:
PURPOSE:
STANDARDIZED INCIDENT REPORT (DCJS-3205)
To establish the procedures for the use and completion of the New York State Standardized Incident Report DCJS-3205. POLICY: DCJS-3205 report form shall be used to record all numbered Incident Reports. The use of this report has been designed to: 1. 2. Reduce the number of different report forms. Provide a means for the police officer in the field to investigate, record and report criminal and non-criminal incidents in a minimum amount of time. Hasten and better control flow of reports, thereby improving report access, crime analysis and statistical recording.
3.
PROCEDURE: The Standardized Incident Report is required on the following incidents: 1. 2. 3. 4. 5. 6. 7. 8. Reports of crime. Lost or found property. Missing persons Aided cases involving police officers, or other city employees, or where there may be potential city liability, or where first aid has been given, or transportation in a police vehicle All deaths coming to the attention of the Department. Suicide or attempted suicide. Drug overdoses. Any incident, which requires documentation but does not necessarily involve a violation of the law (Example: an arrest in Mount Vernon by another jurisdiction; destruction of a domestic animal.). Fires. Animal bites.
9. 10.
Procedure No. 2.084-1 Completing Standardized DCJS 3205 Forms
Date Issued 3/2/00 Authorization Effective 3/2/00 History OPS-82-12 Revised 3/2/00 Page 1 of 5
SUBJECT: PURPOSE:
COMPLETING STANDARDIZED DCJS 3205 FORMS
To establish the proper procedure for completing the New York State Standardized Incident Reports DCJS 3205 BACKGROUND: DCJS collects data from all police departments on a monthly basis for the purposes of compiling crime data. The compilation of that data is known as Incident Based reporting, DCJS requires that all criteria pertinent to them is provided by this agency in these IBRs. In order to provide complete and accurate computer generated reports to DCJS, it is essential that all information available be entered and every field be completed when compiling an incident report. Missing or inaccurate data will create errors in the IBRs and will result in the non-acceptance of said IBRs by DCJS. The following is a step-by-step guide for the preparation of the New York State Incident Report. INCIDENT Box #1 Agency Enter MVPD Box #2 Division/Precinct Enter the sector where the incident occurred. Box #3 ORI Enter 0590300 Box #4 Report Type Enter an X for original or supplement. Box #5 Case No. Enter a dash Box #6 Incident No. Enter the two digit year, then the incident number. Ex. 00-1234 Box #7 Report Day Enter the day the report was taken or dispatched. Box #8 Date Enter the date the report was taken or dispatched. Box #9 Report Time Enter the time the report was taken/dispatched. Box # 10, #11, & #12 (Occurred On/From:) Day, Date, Time If the date, date, and time of the incident is unknown, enter the first possible day, date, and time that the incident could have taken place. The time of the incident must be prior to or the same as the report time. Box #13,#14, & #15 Occurred To:) Day, Date, Time If the day, date, and time of the incident unknown, enter the last possible day, date, and time that the incident could have occurred. A time frame is required. Box #16 Box #17 Box #18 Incident Type This is determined after the officers investigation. Refer to the 10/11- code list for incident types. Advise dispatch of the incident type. Business Name Enter the business name only if the business is a victim. Weapon(s) Enter weapon type. Ex. Firearm, motor vehicle, personal weapons. Refer to table A-C for list of weapons.
ADMIN No. 2.084-1 Box #19 Box #20 Box #21 Box #22
Page 2 of 5
Box #23 Box #24
Incident Address Enter the address where the incident actually occurred. IFO & TRO shall not be used. City, State, zip Location Code Enter 6003 Offense This section is to be completed in all circumstances. For non-offense situations, refer to the supplement code list. LAW List the offense(s) the defendant is being charged with from the most serious to the least serious. Use symbols PL, CPL, VTL, etc SECTION Enter the article number of law violated. SUB Enter the subsection of the law violated. If theres no subsection, enter 00. CL Enter class of crime. (A, B, C, D, E, or U for unclassified) CAT Enter category of crime. (F for Felony, M for Misdemeanor, V for violation, or I for infraction. DEG Enter degree of crime being charged. ATT Enter A if crime was an attempt, enter C if crime was completed. NAME OF OFFENSES enter name of the offenses. CTS Enter the name of counts of that crime that the defendant is being charged with. No. of Victims This number is to include businesses when they are victims. No. of Suspects
ASSOCIATED PERSONS Box #25 Type/No Enter all the persons associated with the incident to include complainants, victims, witnesses, and persons interviewed. Mount Vernon Officers involved in the incident are not to be entered in this section. Only the following identifiers are to used. Persons Interviewed 11, 12, etc. (people with information other than witnesses) Complainants C1, C2, etc. Victims V1, V2, etc. Witnesses W1, W2, etc. Victim/Complainants V/C1, V/C2, etc. Name Enter last name, first name, middle initial, title. D.O.B Address If person is the owner/representative of a business, use the business address. Telephone No. If person is the owner/representative of a business, use the business telephone number. * Abandoned Vehicle Procedure: If the owner of the vehicle is unknown (No Hit on NYSPIN), enter C in the Type/No field and enter MVPD in the name column. If the owner of the vehicle is known, enter I in the Type/No field and enter the owners information as it applies to the rest of this section. Box #26 Victim also complainant. Check appropriate box.
VICTIM This information must be compiled for each and every victim, except when the victim is a business. Additional victim information should be listed on a supplement report.
ADMIN No. 2.084-1 Box #27 Box #28 Box #29 Box #30 Date of Birth Age Sex Check for appropriate box. Race Check appropriate box.
Page 3 of 5
Box #31 Box #32 Box #33
Ethnic Check appropriate box. Handicapped Check appropriate box. Residence Status Check appropriate box.
SUSPECT/MISSING PERSON Box #34 Type/No To denote suspects, use S1, S2, S3, etc. To denote missing persons, use MI, M2, etc. A for Arrested Suspect is not utilized. Box #35 Name If the suspect is unknown, enter the word UNKNOWN. * If multiple suspects exist and no other description can be given, enter S1 in the box #34 and enter the number of suspects in box #57 along with unable to give any further descriptions. * If multiple suspects exist and multiple descriptions are known, use original form for S1 and supplement for additional suspects using the same format for boxes #34-57. Box #36 Alias Box #37 Apparent Condition Check appropriate box. Box #38 Address Box #39 Phone Number Enter number and check appropriate box. Box #40 Social Security No. Box #41 Date of Birth Box #42 Age Box #43 Sex - Check appropriate box. Box #44 Race Check appropriate box. Box #45 Ethnic Origin Check appropriate box. Box #46 Skin Check appropriate box. Box # 47 Occupation Refer to table P. Box #48 Height Box #49 Weight Box #50 Hair Refer to table Q Box #51 Eyes Refer to table R. Box #52 Glasses Check appropriate box. Box #53 Build Check appropriate box Box #54 Employer/School Box #55 Address Box #56 Scars/Marks/Tattoos Describe. Box #57 Misc. Add any additional information not covered in boxes #34 56 PROPERTY Box #58 Victim or Suspect No (Use the Type/No identifier to denote the owner of the property. If the property was found in possession of the suspect, use the corresponding identifier. Ex. S1, S2) Property Status Refer to table S. Property Type Refer to table T. Quantity/Measure Refer to table U. If table U does not apply, enter the number of the same items.
ADMIN. No. 2.084-1
Page 4 of 5
Box #59 Box #60 Box #61 Box #62 Box #63 Box #64 Box #65 Box #66 Box #67 Box #68 Box #69 Box #70 Box #71 Box #72 Box #73
Box #74 Box #75 Box #76 Box #77 Box #78 Box #79 Box #80 Box #81 Box #82
Make or Drug Type Refer to table V. Enter the drug type. If the property is not drugs, enter the make of the item. Model Enter the model of the property. Serial Number Enter the serial number of the property if applicable. Description Brief description of property. Value If exact value cannot be determined, enter the estimated value provided by the complainant/victim. Enter the total losses. Vehicle Status refer to table W. License Plate No Enter the full plate. If only partial plate is known, indicate possible alpha-numeric positioning . State Enter state of registration type. Exp. Year Enter the year the registration expires. Plate Type Enter the registration type. Value Enter the value of the vehicle. Use estimate by owner when exact value is unknown. Vehicle Year Make Model Style VIN Color(s) Towed by: to: - Enter the name of the tow company and the location where the vehicle was towed to. Vehicle Notes Enter miscellaneous notes. Narrative: A. Dont be redundant B. Write narrative in chronological order. C. Include your observation, statements of all involved, your actions, any dispositions if applicable, notifications made, etc. D. If multiple suspects are involved, denote which charges in Box #22 apply to each. E. If multiple victims are involved, denote which offense apply to each. Inquiries Check all boxes in which notifications must be made via NYSPIN. NYSPIN Message No. Enter the NYSPIN message number off the hard copy after the NYSPIN message is sent. Complainant Signature Obtain signature when practical. Reporting Officer Signature (Include Rank) - Reporting Officer shall print his name starting with his last name first. Ex. Smith, John. ID No Enter Reporting Officers shield number. Officers hired after01//01/97 Must also include their employee I.D. number. Supervisors Signature (Include Rank) Reviewing Supervisors endorsement. ID No. Reviewing Supervisors shield number. Status Check the appropriate box. If the case is closed, check the reasons. Status Date Enter the date the case status was determined.
Box #83
Notified/TOT Enter the agency, division, or name of the person to which the incident was referred. For detectives referrals, enter the detective notified and the time.
ADMIN No. 2.084-1
Page 5 of 5
If the detective was not contacted directly, enter the member notified, the detective, and the time. Box #84 Page No. Enter page number and total number of pages.
A. thru N. Side Box A thru C Weapons Enter up to 3 Side Box D Location Type Side Box E Larceny/Theft Offense Categories Side Box F Assault/Homicide Side Box G Justifiable Homicide Circumstances Side Box H Victim Type Side Box I Victim Level of Injury Note: An option exists for Not Injured. Side Box J Victim Type of Injury Note: An option exists for None. Side Box K Victim Medical Treatment Note: Options exist for every possible relationship including Otherwise Known Stranger. Side Box L Victim/Offender Relationship Note: Options exist for every possible relationship including Otherwise Known Stranger. Side Box M Computer Related Note: An option exist for computer Not Used. Side Box N Bias Crime Type
Solvability Factors If no, place an X in the box.
POINTS TO REMEMBER Enter a dash (-) in only those fields, which do not apply. Enter an (X) in only those fields where the information is not available. If the entire section of the report does not apply, a single line may be drawn through the entire section from the upper left corner to the lower right corner in order to make the entire section N/A. Use Supplemental report when any section of the original report does not supply enough room to add additional information. If the suspect in any case is unknown, the word unknown must be written in Box #35. If multiple suspects are involved, denote which charges in Box #22 apply to each. Of multiple victims are involved, denote which offenses apply to each.
Procedure No. 2.086
SUPPLEMENTAL REPORT (MV-61B)

Page 1 OF 2 Revised
SUBJECT; PURPOSE;
SUPPLEMENTAL REPORT (MV-61B)
The Supplemental Report is used as a continuation report, for any other rport when additional space is needed. Further, the Supplementary Report will be used as follows: 1. 2. 3. 4. By the follow-up investigator to document the progress of all follow-up investigations. To furnish additional information on a previously reported incident. To record progress of a continuing investigation. To close man investigation.
PROCEDURE: Complete the entry for each item as follows: BLOCK 1: INCIDENT NUMBER Enter the incident number assigned to the original report to which the Supplementary Report relates. BLOCK 2: TYPE OF OFFENSE/INCIDENT Describe the nature of the original report. BLOCK 3: DATE OF INCIDENT/OFFENSE Enter date incident/offense actually reported. BLOCK 4: PLACE OF OCCURRENCE Place of occurrence should be entered the same as in the original report. BLOCK 5: CLASSIFICATION AFTER INVESTIGATION Detective Supervisors or Support Services Division personnel may amend classification after review. BLOCK 6: COMPLAINANTS NAME Enter the complainants name as in original report.
ADMIN. 2.086 BLOCK 7: SOLVABILITY FACTORS Will be utilized. BLOCK 8: COMPLAINANTS ADDRESS Enter address of the complainant, same as in original report. BLOCK 9: PURPOSE OF THE REPORT
PAGE 2 OF 2
Check the appropriate box that reflects the purpose of the Supplementary Report. BLOCK 10: NARRATIVE
Enter in the narrative block, any information which is relevant to the complainant, that has not been document on the Crime or Incident Report. This block should also be used to document case progress, record additional information or to close man investigation. BLOCK 11: PROPERTY RECOVERY Total value or property recovered should be entered. Vlue of the property recovered should be determined by the actual value of the property at the time of loss, not the cost of replacing property. BLOCK 12: PROPERTY CLERK RECEIPT Enter property receipt number. BLOCK 13: ARREST(S) Check the appropriate box and enter the total number of persons arrested. BLOCK 15: ALARM NUMBER Self-explanatory BLOCK 16: TELETYPE
Check appropriate box. BLOCK 17: TECHWORK DONE Check appropriate box. BLOCK 18: TECHWORK PERFORMED BY Enter the name and rank of person performing the technical work. BLOCK 19: SOLVABILITY FACTORS Will not be utilized.
Procedure No. 2.087
SUPERVISORS REPORT (MV-93)

SUBJECT:
SUPERVISORS REPORT (MV-93)
PURPOSE: To define the investigative and reporting responsibilities of all Department Supervisors and Unit Commanders. PROCEDURE: 1. Supervisors Report (MV-93s) are to be prepared without unnecessary delay. Generally, this means that investigations and reports are to be conducted and prepared immediately upon the supervisor becoming aware of the circumstances that gave rise to the reported event. The only exception to this shall be in the case of an Honor Award Application; which shall be reported no more than seven (7) calendar days from the event that gave rise to the submission of same. SUPERVISORS REPORT SHALL BE SUBMITTED FOR ONE OF TWO PURPOSES, AS FOLLOWS: A. To document an investigation into the conduct of a subordinate, (i.e. Disciplinary matters, Injuries, Honor Awards, Accidents, etc.) To document the facts and circumstances of an unusual or extraordinary occurrence.
B. 2.
The content of these two types of reports are widely different from each other, as follows: A. When investigating the conduct of a subordinate, the reporting supervisor must submit a DETAILED account of the investigation that was conducted, conclusion that were reached, and recommendations for the disposition of the matter. Superior Officers are expected to take the following steps in connection with such investigations. (1). Direct the submission of reports from all department personnel who have any knowledge of the incident that is the subject of the investigation, including an interview of each such member of the department; Interview any witnesses that may have information to contribute to the investigation, and document statements that are made. This should include persons who where present, yet saw nothing. Inspect ALL physical evidence that is available, including a thorough examination of the scene of occurrence. (e.g. When investigating an automobile accident, inspect all vehicles to ascertain if the physical evidence supports or refutes accounts of what took place);
(2).
(3).
ADMIN. 2.087 (4).
PAGE 2 OF 3 Take any other proper action that would reveal additional facts about the matter under investigation; Assimilate the data obtained during the course of his/her investigation into a logically organized; cohesive; comprehensive report.
(5).
B.
When documenting an unusual or extraordinary occurrence, which does not involve nor call into question the conduct of a member of the department, the reporting Supervisor shall submit a concise report that briefly described the occurrence. Such reports should reflect: (1). The time location and nature of the occurrence that is the subject of the report; What department members were dispatched, responded, or were otherwise involved in the incident; Initial measures taken by the reporting supervisor, and members under his/her command, to protect the safety of the public, and preserve the integrity of the investigation.
(2).
(3).
3.
A brief synopsis of what took place. This SHOULD include the fact that witnesses were or were not present, and that physical evidence did or did not exist. It should NOT, however, include what statements were made by any such witnesses, nor specific details about any evidence that may have been located. Such information should be contained in the investigating Detectives Case, and/or the investigating Officers MV-61 (A-B). Supervisors Reports should be generated for any of the following: A. B. C. D. E. F. G. H. On duty injuries of department personnel; Stolen, lost, or damaged department property; Discharge of firearms by police personnel Accidents involving department owned vehicles; Violations of department rules; regulations, or policies; Exemplary conduct by a subordinate that deserves special recognition (Honor Awards); Crimes that involve the actual use of deadly physical force; Accidents (not limited to motor vehicle) that result in a fatality or have the magnitude that a fatality may subsequently result. Use of excessive force by members. All motor vehicle pursuits. Any other incident, though not specifically described above, which, in the opinion of the ranking officer on duty, should be brought to the attention of the Chief of Police.
4.
I. J. K.
ADMIN. 2.087 5.
PAGE 3 OF 3
Completed reports should be submitted to the investigating Supervisors Immediate Superior (Squad or Unit Commander) for review endorsement. Investigating Supervisors shall type their names on the first page, and SIGN directly underneath. If the report is more than one page, following pages shall be submitted on an MV-61B, and each such page shall be initialed by the investigating Supervisor, with a signature at the end of the text on the last such page. The Squad or Unit Commander, upon receipt of the completed MV-93, shall review the report for completeness and accuracy, and shall endorse same (endorsements should be inserted directly below the reporting Supervisors signature). The endorsement will comment on the report. If the report is acceptable, as is, the Squad or Unit Commander may simply write Concur and sign. If the report is not correct the Squad or Unit Commander shall take the appropriate remedial measures. If the Commander does not agree with the investigating Supervisors conclusion, he/she shall not same, along with whatever other comments the Commander may deem appropriate and pertaining to the subject. Upon completion of the review and endorsement, the report shall be forwarded to the Division Commander to whom the investigating Supervisors are assigned for additional endorsement.
6.
7.
8.
DIVISION COMMANDER 9. Upon receipt of the completed and endorsed reports, the Division Commander shall endorse same, along with recommendations, as described in paragraph seven (7) above. The report shall then be forwarded to the Patrol Division for assignment of a chronological number.
PATROL 10. The Patrol Division shall number the completed DIVISION report and forward same to the office of the Chief.
Procedure No. 2.088
ALCOHOL BEVERAGE CONTROL FORM

SUBJECT:
ALCOHOL BEVERAGE CONTROL FORM
PURPOSE: To ensure that the Department has immediate access to all ABC Police Referral reports. MEMBERS: 1. Whenever a violation occurs in a premises licensed by the State Liquor Authority to sell alcoholic beverages, an ABC Police Referral Form shall be prepared. A. When the Patrol Division investigates possible SLA violations they will notify the Detective Division as soon as possible.
2.
The pink copy of this form shall be attached to the original police report and forwarded to the Support Services Division. The white and yellow copies will be sent to the Detective Division
3.
SUPPORT SERVICES DIVISION: 4. Ensure that the pink copy of the Police Referral Form is attached to the original incident report. Enter this report in the State Liquor Authority file and forward a copy to the Police Commissioner.
5.
DETECTIVE DIVISION: 6. Complete the investigation and mail the white and yellow copies of the Police Referral Form to State Liquor Authority in the pre addressed envelope supplied by that department
Procedure No. 2.089
CONFIDENTIAL INFORMANT GUIDELINES

Page 1 OF 5 Revised
SUBJECT: CONFIDENTIAL INFORMANT GUIDELINES

DEFINITION: Confidential Informant A confidential informant is a person, acting under the direction and control of a Detective/Police Officer Investigator, who is supplying information to this department on a continuous, or part-time basis, concerning illegal activity. CONFIDENTIAL INFORMANTS: 1. CLASSES OF CONFIDENTIAL INFORMANTS: A. Class 1 An individual who has criminal record, and is supplying information on an unpaid basis, for possible consideration in a pending criminal case in which they are the defendant. B. Class 2 An individual who has a criminal record, and is supplying information for financial consideration. C. Class 3 An individual without a criminal record, who is supplying information for financial consideration. D. Class 4 An individual without criminal record, who is supplying information on an unpaid basis. PRECLUDING CHARACTERISTICS: 2. The following characteristics will be undesirable for the utilization of any person as an informant, except in extraordinary circumstances: A. B. An unregistered informant. Persons under 16 years of age, unless the prior permission of the parent, or legal guardian has been obtained by a Detective/Police Officer Investigator, after consultation with the Commanding Officer.
ADMIN. 2.089 C. D. E. Wanted persons. Persons known to have a history of mental disorder. Persons convicted of perjury or related offenses.
PAGE 2 OF 5
SPECIAL HANDLING CHARACTERISTICS: 3. Persons possessing the following characteristics will not preclude their utilization as informants, but should be utilized with special care. A. Narcotics Addicts: Although narcotics addicts have access to some criminal activity, the information they have, relative to trafficking in narcotics, usually ends at the street level, as they are generally not trusted by the criminal element at large. However, the potential of a narcotics addicts having specific information on a past crime of robbery, which escalated into a homicide, should not be overlooked. Whenever possible, information received from a narcotic addict, being utilized as an informant, should be verified by an independent source. B. Women: Contacts between Detective/Police Officer Investigators and women being utilized as informants, shall take place with two (2) members of the Department present.
REGISTERING INFORMANTS: 4. The purpose in registering informants is: A. To ensure that a permanent pool of criminal information is available to the Department. To have a record available of informants. To protect Members of the Department from utilizing unreliable or undesirable informants.
B. C.
5.
Steps in registering informants: A. When a person indicates a willingness to cooperate, he/she shall be debriefed by the recruiting Detective/Police Officer Investigator and his/her superior officer. The concurrence of the District Attorneys office shall be obtained if the informants motivation is for consideration in a current case. The informant registration request forms shall be prepared by the recruiting Detective/Police Officer Investigator and submitted to the Commanding Officer of the Detective Division. The Commanding Officer shall assess the registration request.
B.
C.
D.
ADMIN. 2.089 E.
PAGE 3 OF 5 Upon completion of the assessment, if the informant is to used by the department, a number will be assigned to the informant. The recruiting Detective/Police Officer Investigator shall be notified of this number assigned to the informant. Once this is done, the informant shall be referred to by this code number only on all subsequent reports. A permanent, sealed, file on the informant shall be maintained in the Detective Division Commanding Officers office.
F.
G.
IDENTITY OF INFORMANTS: 6. The identity of informants will be limited to: A. The Detective/Police Officer Investigators who established the informant, or who is working with the informant. His/her immediate supervisor and the Detective Division Commanding Officer. A second Detective/Police Officer Investigator, preferably the partner of the member who established the informant. This alternate officer will be able to work with the individual, should the assigned Detective be unable to, due to various reasons.
B. C.
CONTACTS: 7. Contacting Informants; A. Contacts with informants will have to be accomplished in public places, as opposed to an office in the public building, or within Department building. A public building presents a hazard in that one informant may disclose the location known to criminals, thereby jeopardizing the whole operation. The use of a Department building would lead to suspicion of those informants observed entering and leaving the building. While it may not be necessary or desirable for both members of the team to see the informant on each contact, care should be taken that the member assigned in the secondary position sees the informant often enough to maintain a good working relationship. This is necessary to prevent a reluctance to give information to the secondary control which might develop from lack of contact.
B.
8.
Reports of Contacts; In most cases, each contact should have a specific purpose, i.e., routine contact, urgent information to be supplied by the informant, urgent inquiry to be made of the informant. Depending on the type of contact, the investigator should decide on meeting place and necessary equipment to be brought to the meeting. Meeting places and time periods can be for two to three minutes in a public place, or for several hours in a hotel room equipped with recording equipment. Upon completion of the contact, the assigned detective will report pertinent information to his immediate supervisor.
EVALUATION PROCESS:
ADMIN. 2.089 9.
PAGE 4 OF 5
Every six (6) months, the Commanding Officer, the assigned detective and his supervisor, shall evaluate the informant on the information provided in the past and the potential for providing valuable information in the future. A determination shall be made as to the subjects continuance as an informer.
PAYMENT OF INFORMANTS: 10. Members of the Detective Division shall adhere to the following guidelines in order to make cash payments to informants for information. A. The proposed payment to an informant shall require prior approval by the Detective Supervisor, if the payment is $50.00 or lower. If the proposed payment to an informant is for an amount over $50.00, it shall require the prior approval of the Detective Division Commanding Officer. No payment shall be made in advance to any informant until the information supplied is acted upon. All payments made to a confidential informant shall require a C.I. payment form, to be signed by the informant, with his Code Name, the officer making the payment, and countersigned by an officer witnessing the payment. Unless all three signatures are present reimbursement will not be made. The C.I. payment form shall be submitted with the voucher for reimbursement, by the Detective. Money used for paying C.I.s and for other investigations are kept by the Commanding Officer of the Detective Division. Records of transactions are recorded by cases, or incident number, and/or C.I. number. Each transaction is signed by the person receiving money. The narcotics petty cash fund is replenished by forwarding a request in writing from the Commanding Officer of the Detective Division, countersigned by the Police Commissioner, to the City Comptroller. A check is drafted in the amount requested, cashed and deposited in the petty cash fund and logged in the book.
B.
C.
D.
E.
F.
G.
MISCELLANEOUS: 11. When, in the opinion of the Commanding Officer, a confidential informant commits some serious misconduct, serious breach of security, or other act, which impairs his trustworthiness and value to the Department, the Commanding Officer will designate such an individual as an undesirable informant. Use of this person as a confidential informant will thereafter be prohibited. Under NO circumstances will a confidential informant be permitted to violate the law because of his/her cooperation, nor will any Member of this Department attempt, in any way, to intercede on behalf of a confidential informant, to preclude his arrest of punishment, except as indicated in the following paragraph.
12.
ADMIN. 2.089 13.
PAGE 5 OF 5
When a confidential informant, who was motivated by a desire for consideration in a pending criminal case (Class 1) and who has completed his obligation to this Department, a report outlining his assistance, signed by the Commanding Officer, shall be hand delivered to the District Attorney, concerned.
Page 4 of 4 amended on 3/31/1995. Members to replace pages 3 of 4 and 4 of 4 in Department manual (Administrative Guide Procedure Number2.089 Confidential Informant Guidelines).
Procedure No. 2.090
VICE AND ORGANIZED CRIME INFORMATION

Page 1 OF 1 Revised
SUBJECT:
VICE AND ORGANIZED CRIME INFORMATION
PURPOSE: To establish policy for the use and dissemination of vice and organized crime information. POLICY: The Major Case Squad (M.C.S) shall: 1. Gather, compile and serve as a repository for information on any organized crime and racketeering that may be taking place within the City. The M.C.S. will establish and maintain liaison between this Department and the Intelligence Unit of Federal, State and Municipal Law Enforcement Agencies. M.C.S. will establish, prepare and maintain a filing system, which will be accessible only to members of the M.C.S. and Detective Supervisors. The M.C.S. shall collect pertinent, reliable and accurate information and to subject such information to evaluation and critical analysis, isolating that which is significant to this Department. Information thus obtained shall be integrated with that which is already known to form a local picture or hypothesis of criminal or subversive activities. To record the information collected by reducing it to writing or other forms of graphic representation. To record the information collected by reducing it to writing or other forms of graphic representation. To employ procedures in recording information which will facilitate interpretation. To interpret the information and to draw conclusions as to the probable meaning of the evaluated information. Investigate such persons and/or organizations suspected of subversive activities.
2.
3.
4.
5.
6.
Investigate persons suspected of affiliation with Organized Crime.
CRIME SCENE PROCESSING

SUBJECT:
CRIME SCENE PROCESSING
PURPOSE: To establish the responsibilities of the identification officer and standardize the methods used to process an incident POLICY: It is the policy of the Department to judiciously use all of its resources to bring a successful conclusion to every investigation. It shall be the responsibility of the Command Officer in charge at any incident to determine whether or not it is necessary to have the scene processed by the Detective Division. The decision should be made prudently and only after a thoughtful assessment of the condition of the scene, the seriousness of the incident, and the potential evidentiary value. Procedure: 1. In all incidents where a major crime has been committed or a serious incident has taken place, it is critical that the scene of the incident be secured by the first responding officer(s). All personnel, both police and civilian, that have no investigative interest in the incident are not to be allowed to enter the area. A. The first responding officer(s) are responsible for scene security, making note of readily apparent evidence and documenting in detail their actions and observations. The first responding officer(s) may process the scene of minor crimes or incidents by taking photos and collecting evidence, and documenting their actions in the appropriate reports. However, in the event of a major crime or incident, a C.I.U. Detective will process the scene.
2.
The C.I.U. Detective shall be available for the processing of crime scenes when on-duty and shall either be near a telephone or carry a Department issued pager when off-duty. The C.I.U. Detective shall be summoned to a crime scene by a Detective Supervisor who has personally surveyed the situation and has determined that the C.I.U. Detectives expertise is required. The C.I.U. Detective shall respond to the crime scene in as immediate a fashion as is practicable. He shall bring with him all necessary equipment required to accomplish his investigation based on the general descriptions available to him beforehand of the scenes magnitude. The C.I.U. Detective shall, upon his arrival, receive a thorough briefing from the officer in charge of the crime scene. This briefing shall contain as complete a description as is currently available of the chronology of the apparent act.
3.
4.
5.
ADMIN. 2.091-1 6. Major Crime Scene Processing: A.
PAGE 2 OF 3
The first responding officer should note the location and condition of as much evidence as possible. Unless absolutely necessary, the evidence should not be moved or disturbed. The C.I.U. Detective will be responsible for the processing of all major crime scenes or incidents. (1). The C.I.U. Detective will be responsible for photographing the scene of the incident. The C.I.U. Detective shall photograph the entire crime scene thoroughly in accordance with his training. Such photography shall depict the scene accurately and in an orderly manner to show the progression of alleged events and to faithfully record physical situations and evidence as it appeared at the time. (a). The C.I.U. Detective shall turn his attention first to the recording and preservation of perishable evidence which may be rapidly destroyed by prevailing meteorological conditions, evaporation, sublimation, melting, or other natural processes, and then to more stable and enduring subjects. The investigating Detective shall keep a log of all photographs taken and enter this required data on the police report. The C.I.U. Detective shall generally treat crime scenes photographically in the following manner: 1. Exterior Crime Scenes: a. Establish the location and size of the crime scene by taking photographs from a distance to include a landmark. Take medium distance photographs to record the relative positions of closely related items of evidence. Take close-up photographs of individual items of evidence.
B.
(b).
(c).
b.
c.
2.
Interior Crime Scenes: a. Establish the location of the building through photographs. Photograph rooms and other interior areas from typical observation points, usually at eye-level, using a wide-angle lens when necessary to show the relative positions of all items within the area. Take medium distance photographs to show the relative positions of closely related items of evidence. Take close-up photographs of individual items of evidence.
b.
c.
d. 3.
All items of evidence discovered or developed at a crime scene shall be photographed in place before they are removed. Photographs must show the evidence in detail.
ADMIN. 2.091-1 (2).
PAGE 3 OF 3
To ensure admissibility of photos in court, the following should be considered. (a). The photographer must be able to testify that the photo represents a true and accurate representation of the scene at the time it was taken. The photo must be free of distortion and must not misrepresent the scene or object depicted. The continuity of the film from the time of its exposure to the time of its court presentation must be established. The steps that were used in the transporting, processing, and storing of the film. The photographer will include in the photograph log and be able to testify to the following: 1. 2. 3. 4. 5. 6. Date and time the photo was taken; Camera location and direction it was facing; Kind of film used; Lens opening and shutter-speed adjustment used. Kind of lighting used. Make of camera.
(b). (c).
(d). (e).
(3). The crime/incident may also be videotaped by the C.I.U. Detective. If the scene is videotaped, the tape will be properly initialed and logged. Sound recording should not be on while taping a crime/incident scene if at all possible. (4). The investigating Detective will be responsible for collecting, packaging, labeling, or otherwise accounting for every item of evidence gathered at the crime scene. (a). Evidence shall be handled in such manner as to insure its integrity by minimizing the number of officers to whom it is transferred. All evidence will be properly marked, preserved, and logged as soon as possible.
(b). C.
Documentation of Crime Scene Processing: (1). Once a crime/incident is processed and the scene is released by the department, the investigating detective will prepare a detailed report on his activities and observations at the scene. The report will include the date, time, and location of the incident along with all the details of the finding, photographing, recovery, marking, preserving, and logging of all evidence at the scene as well as documenting the taking of any other photos at or of the incident scene. Crime scene sketch and measurements of scene will be submitted by the investigating Detectives.
D.
Equipment Available for Crime/Incident Processing: (1). The department will provide at a minimum the following equipment for use in crime/incident processing: (a). (b). (c). latent fingerprint lifting equipment; 35mm camera, video camera equipment; containers for the collection, preservation, and storage of physical evidence.
Procedure No. 2.092
FINGERPRINTS AND PHOTOGRAPHS

Page 1 OF 2 Revised
SUBJECT:
FINGERPRINTS AND PHOTOGRAPHS
REQUIRED FINGERPRINTS AND PHOTOGRAPHS: 1. The Commanding Officer of the Detective Division must take or cause to be taken the fingerprints of arrested persons or defendants when any offense, which is the subject of the arrest or is charged in the accusatory instrument filed against such persons or defendants is: A. B. A felony. A misdemeanor defined outside the Penal Law, which would constitute a felony if such person had a previous judgment of conviction for a crime (e.g. DWI). A misdemeanor defined in the Penal Law.
C.
ADDITIONAL CASES WHERE FINGERPRINTS MAY BE REQUIRED: 2. A Police Officer who makes an arrest for any offense (either with or without a warrant) may take or cause to be taken the fingerprints of the person arrested when the police officer; A. B. Is unable to ascertain such persons identity. Reasonably suspects that the identification given by the arrested person is not accurate. Reasonably suspects that the person arrested is being sought by law enforcement officials for the commission of some other offense.
C.
FINGERPRINTING JUVENILES: 3. Pursuant to Section 3.06.1 of the Family Court act the following procedures will be followed in the fingerprinting and photographing of juveniles: A. Following the arrest of an alleged juvenile delinquent who is eleven (11) years of age or older and the act which is committed by an adult would constitute a Class A or B Felony.
ADMIN. 2.092 B.
PAGE 2 OF 2 The respondent is thirteen (13) years of age or older and the act which if committed by an adult would constitute a Class C felony. NOTE: In both sections 1 and 2 above fingerprints will without unnecessary delay, be forwarded by the C.I.U. Unit to the Division of Criminal Justice Services. C. In accordance with Section 3, A and B of this order the police may take palm prints of juveniles. All fingerprints and photographs will be filed in the Youth Unit, locked in files set aside for that purpose. The Commanding Officer of the Detective Division is responsible for the security of Juvenile fingerprints and photographs. In all cases where a juvenile is to be fingerprinted and photographed, it shall be the responsibility of the investigating officer to: (1). Transport the juvenile to the Youth Unit, where a Detective will fingerprint and photograph the juvenile. AT NO TIME WILL THE JUVENILE BE BROUGHT TO THE DETENTION AREA TO BE FINGERPRINTED OR PHOTOGRAPHED. It shall be the responsibility of the C.I.U. Unit to hand deliver all juvenile fingerprints, palm prints, and photographs to the Youth Unit on a daily basis. If juvenile fingerprints, palm prints, or photographs are taken during hours where delivery cannot be made, it shall be the responsibility of the C.I.U. Unit to hold the fingerprints, palm prints, photographs in a secure area until delivery is made.
D.
E.
(2).
(3).
Procedure No. 2.093
EMERGENCY SERVICE REPORT (MV- 61E)

Page 1 OF 2 Revised
SUBJECT: PURPOSE:
EMERGENCY SERVICE REPORT (MV- 61E)
To establish the procedures for the use and completion of Emergency Service Report (MV-61E) POLICY: Emergency Service Report (MV-61E) shall be utilized to record assignments of the Emergency Service Unit (ESU). The use of this report has been designed to: 1. 2. Accurately track and evaluate services provided by the Emergency Service Unit. Hasten and improve the flow of information for training and maintenance considerations.
PROCEDURES: MOS assigned to ESU shall utilize this report for all ESU assignments regardless of origin. The MV-61E shall also be utilized in place of the MV-61B, when ESU personnel are required to document their actions. 1. 2. MOS shall accurately complete the form and follow established procedures once completed. ESU personnel shall utilize the original incident number assigned to the job. In the event the assignment involves a detail which would normally not be assigned an incident number, ESU shall request a QUICK CALL (QC) number from Central and indicate the number assigned and the letters QC in the incident number box. ESU classification box shall be left blank. Classification shall be determined by Patrol Division, Operations Section. For the purposes of data entry, only the Details section of this report shall be entered as a supplemental report to the original MV-6l. In the event ESU officers are the primary MOS on the job, DCJS3205 will also be completed. MV-61E will reflect any ESU equipment utilized or other applicable information. The Details section of the MV-61E may be completed, Refer to DCJS3205.
3.
4.
5.
ADMIN. 2.093
PAGE 2 OF 2
6.
An Emergency Service Report may be reviewed and signed by an ESU Supervisor, or an Operations Supervisor. When not available, the Desk Officer shall review and sign the report. Reviewing Supervisor shall determine if the Incident Number on the form is a Quick Call. If the number reflects QC, all four (4) parts of the report shall be forwarded to Patrol Division, Operations Section. If the report contains an Incident Number, the distribution shall be as indicated on the report. The Operations Section shall be responsible to maintain the ESU Squad reports ((goldenrod copy).
7. Reports forwarded to Support Services Division, Records Unit shall be filed with the original Incident Report. In the event an Incident Report is not generated (i.e. motor vehicle accident), the report will be filed with the MV-104, MV-23 or MV-93.
Procedure No. 2.100
ANSWERING DEPARTMENT TELEPHONES

SUBJECT:
ANSWERING DEPARTMENT TELEPHONES
PURPOSE: To establish guidelines for the courteous and proper answering of Department telephones. MEMBERS: 1. When answering Intra-Department telephone calls, MOS will receive such calls with an immediate identification of the unit followed by personal identification , rank and name; Direct outside lines will be answered similarly, first with Department identification followed by unit identification, rank and name; Members assigned to Communication Unit will answer first with Department identification, then identity themselves by stating, Police Officer and give their shield number; Emergency Service Dispatchers will answer first with Department identification, identify themselves by stating, Dispatcher and give their shield number; All telephone calls will be answered politely, courteously and professionally; Anonymous complaints will be entertained but will be documented by receiving members, as anonymous, member shall not insist on caller giving their name; Suspicious anonymous calls received by Communication Unit will be forwarded to the Desk Officer for decision regarding response; These guidelines will also apply to all civilian employees of this Department.
2.
3.
4.
5. 6.
7.
8.
Procedure No. 2.101
LOGGING OF TELEPHONE CALLS

SUBJECT:
LOGGING OF TELEPHONE CALLS
PROCEDURE: MEMBERS: 1. Telephone numbers of all calls originating over Department telephones for upper Westchester (north of White Plains) and any other area code outside of 914, except for 212 and 718, shall be logged on revised MVPD ADM 7. Prior to dialing 411 for information, personnel shall consult a telephone directory. When it is necessary to seek Directory Assistance, (411), it will be logged and the reason entered on ADM 7 form. Unit Commanders shall ensure that all calls originating via Department telephones and outside the calling area, are listed in chronological order. They shall make frequent inspections of this form and on the first of every month, they shall sign and forward each page to the Commissioner. Personnel assigned to Communication as Dispatchers shall not permit anyone to dial their own calls from a police call box or any Department telephone through the switchboard nor give them an outside line without the permission of the Desk Officer. Desk officers, Division Commanders and Supervisory personnel are responsible for all telephone calls made under their command. MVPD ADM7 forms shall be issued to all Unit Commanders.
2.
3.
4.
5.
6.
Procedure No. 2.102
COMMUNICATIONS TAPES
SUBJECT:
COMMUNICATIONS TAPES
POLICY: No member of the Department will be granted permission to monitor, listen or transcribe any tapes from the Communications Center without first receiving approval from the Commissioner of Public Safety or his designee.
PROCEDURE: 1. The request will be submitted in writing to the Commissioners Office stating all the pertinent information i.e. if a complaint, name of complainant, date, time and/or investigation.
RELEASE INFORMATION REGARDING POLICE ACTIVITY

SUBJECT:
RELEASE INFORMATION REGARDING POLICE ACTIVITY
PURPOSE: To establish guidelines and procedures for the release of information to the public. PROCEDURE: 1. The Commissioner of Public Safety, has delegated the authority to release Department in the following manner: All requests for information relative to the activity of the Department that are received from the Media or the public will be directed to the Office of the Deputy Commissioner, during the hours of 0800 through 1700, Monday through Friday. Routine press releases will be made between 9:30 and 10:30 A.M. only. In the absence of the Deputy Commissioner, the following persons shall be authorized to release information: A. B. C. D. E. 2. Chief of Police Executive Officer Division Commanding Officer Ranking Officer on the scene Desk Officer
At the scene of an incident: A. The Commissioner or his designee have authority to release information to the news media. In the event of their absence, the ranking officer is so designated.
3.
Information from a Department file: A. Information from a pending/closed file is released by the Commissioner or Deputy Commissioner or Public Safety. No other person shall release information from Department file unless authorized by the Commissioner or Deputy Commissioner
B.
4.
On going criminal investigation: A. The Commanding Officer of the Detective Division is authorized to release information concerning criminal investigations.
ADMIN. 2.121 5. A. Absence of command staff:
PAGE 2 OF 4
The ranking duty officer is authorized to release information at the scene of an incident. If possible, requests will be routed to the Commissioner or Deputy Commissioner of Public Safety.
6.
Access to incident/crime scenes by news media representatives may be granted only to the outer perimeter of a scene except as follows: A. Where open access to the area will interfere with investigation, the highest ranking officer may establish police lines and restrict entry. Should such restrictions become necessary the circumstances requiring the closure should be explained and access should be granted to news media personnel as soon as practical, preservation of evidence and public safety shall be of paramount importance. When the Department is in control of a private dwelling, private area, or other areas generally not open to the public, permission must be obtained not only from the highest ranking officer in charge of the scene but also from the person having authority or control over such premises.
B.
MEMEBERS: 7. Information that may be released: A. Release the Arrestees name, address, age, employment, marital status and similar background information. Release the substance or text of the incident including charges against the arrestee and the identity of the victim or injured person. NOTE: In most instances victims prefer not to be identified in the media, for fear of reprisals. As a rule of thumb if the victim is a stranger to the suspect do not release the name. You may refer to such a victim by age, sex, and hometown, i.e. a sixty (60) year old Mount Vernon woman. 8. Information NOT to be released: DO NOT: A. Refer to the arrestee as: a known gangster, depraved character, or by any other derogatory term: Reveal any information regarding the arrestee leading officers to weapons, money or other material evidence; Reveal any information regarding the arrestee taking any tests or refusing to take any tests, such as a polygraph test, except you may do so when the arrest or his refusal or failure to make a confession, admission or statement; Release any information about the existence or contents of any confession, admission or statement given by the arrestee or his refusal or failure to make a confession, admission or statement; Discuss the guilt or innocence of the arrestee;
B.
B.
C.
D.
E.
ADMIN. 2.121 F.
PAGE 3 OF 4 Release the identity of any prospective witness or comment on their credibility or anticipated testimony; Release any information that is speculative, such as the possibility of a plea of guilty to the offense or other dispositions; Release the names of any civilian complainants initiating the charge WHEN THIS MAY POSE A DANGER TO THE COMPLAINATS; Release the name of the victim of a sex crime; Release photographs unless a useful law enforcement function is served; Release the Arrest Book and/or Department reports or records to a member of the news media; Release the identity of a deceased person until after next of kin is notified;
G.
H.
I. J. K.
L. 9.
Release of information on arrestees UNDER age 16: A. RELEASE ONLY: (1). That an arrest was made for Juvenile Delinquency and if requested, identify what the charge would have been if committed by an adult; The circumstances surrounding the arrest; The age of the person arrested; If juvenile is arrested and charged as an adult offender, information as outlined under paragraph one (1) may be released.
(2). (3). (4).
10.
Fair Trial Free Press Guidelines A. Access to police reports, while complying with the New York State Fair Trial Free Press guidelines must be carefully scrutinized by Departmental personnel. The rules and access to police reports apply to anyone regardless of their status. We have an obligation to protect the integrity of a case, victims, witness, evidence, and defendants who potentially could be found not guilty. Open cases under investigation are subject to disclosure other than police personnel who aid in the investigation. Suspect information should not be made available to other than police personnel who aid in the investigation. The law permits an agency to withhold records which are complied for law enforcement purposes and which, if disclosed would: (1). (2). Interfere with law enforcement or judicial proceedings; Deprive a person of a right to a fair trial or impartial adjudication;
B.
C.
D.
ADMIN. 2.121 (3).
PAGE 4 OF 4 Identity a confidential a confidential source or information regarding a criminal investigation; Reveal criminal investigative techniques or procedures except those that are routine; When disclosure would endanger the life or safety of others; Also records that are inter/intra agency communication except statistics; Instructions to staff that affect the public; Final policy determinations; Other specific types of restricted information include; Coroner records, autopsy reports, police officer personnel records, mental health records, grand jury, police records regarding juveniles, arrest records of person when charges are dismissed, employment records, motor vehicle registrations, pre-sentence reports, public assistance, child abuse, drug abuse, victims of sex offense under 18. E. The above listed does not represent all protected documents. In some instances a person has the right to access the records of an investigation in which he/she is the victim. F. We have a moral and legal obligation to maintain and protect persons from unwarranted invasions of personal privacy. If you are not sure ask and we will obtain the information. Deny the request rather than risk unlawful disclosure. G. It is the intention of the Department to authorize access to police information and records in accordance with the New York State Fair Press guidelines.
(4).
(5). (6). (7). (8). (9).
11.
In the absence of the Deputy Commissioner, and other authorized persons, and there are doubts regarding the release of information, seek the advice of the Commanding Officer oF the Detective Division or the District Attorney.
Procedure No. 2.140
REQUISITION / PURCHASING OF SUPPLIES AND EQUIPMENT

SUBJECT:
REQUISITION / PURCHASING OF SUPPLIES AND EQUIPMENT
PURPOSE: To establish a procedure for the procurement of supplies and the purchase of equipment in accordance with the City Code. DEFINITIONS: Equipment: Supplies: apparatus that is not readily available and must be purchased from an outside vendor. items used to perform a task on a daily basis and are readily available. (example: tape, paper, clips, record books, pencils, paper, files, etc.)
PROCEDURE:
The following procedure will be followed whenever requesting supplies and/or equipment. 1. All requests will be made on an MV-112 (requisition form). NOTE: All such requests shall be made in accordance with the City Charter and General Ordinance titled, POLICIES AND PROCEDURES FOR PROCUREMENT OF GOODS AND SERVICES NOT SUBJECT TO COMPETITIVE BIDDING. Copies of the current Policies and Procedures shall be kept by each Division Commander for reference 2. The requisition shall be reviewed by the Commanding Officer of the Division making the request, for necessity, correctness, completeness and endorsement. The Division Commander shall then forward said request to the Chief of Police for endorsement and forwarding to the Police Commissioner through the Deputy Police Commissioner.
3.
ADMIN. 2.140
PAGE 2 OF 2
REQUESTING SUPPLIES:
The following procedures will be used when supplies are needed for the Desk or other units of the Department. 1. 2. Requisition Form (MV-112A) will be filled out completely listing the supplies needed. The form must be signed by the Commanding Officer of the Unit requesting the supplies. Supply forms for the Desk will be signed by the Desk Officer. Requisition forms will be submitted to the Commanding Officer, Support Services Division.
3.
Procedure No. 2.141
FISCAL MANAGEMENT
Page 1 OF 2 Revised
SUBJECT:
FISCAL MANAGEMENT
AUTHORITY AND RESPONSIBILITY The Commissioner of Public Safety has the authority and responsibility for fiscal management of the agency. In order to accomplish the day to day management of the budget, he is assisted by the Deputy Commissioner of Public Safety, the Chief, Division Commanders and the Administrative Aide. ACCOUNTING SYSTEM The agencys accounting system is provided by the Citys Comptrollers Office. The City operates on a purchase order system which must be authorized by the Commissioner of Public Safety or his designee, the Comptroller and Deputy Comptroller. At the commencement of each month, the Comptrollers Office will provide a status report showing the initial appropriations and the balances in each account. This report will show expenditures and encumbrances made during the period. INTERNAL MONITORING SYSTEM A daily account of expenditures is kept by the Administrative Aide. This accounting is compared to the monthly report supplied by the Comptrollers Office. COLLECTING AND SAFEGUARD CASH BAIL MONEY bail moneys posted will be accepted in cash. At the time, the person posting the bail moneys will be given a receipt from the bail book. The bail money will then be secured by the Desk Officer until same can be turned over to the City Court. At the time the bail is turned over to the court, the court representative will sign the Safe Log Book as receipt for moneys accepted. PETTY CASH the Administrative Aide will maintain a petty cash fund of $300.00. This money will be used for postage, UPS shipping, and small incidental articles, which are needed immediately. The Administrative Aide will maintain a log of expenditures and replenish the petty cash fund by use of the purchase order system. DRUG AND INFORMANT MONEY - the Commanding Officer of the Detective Division (C.O.D.D.) will prepare a voucher requesting the amount of funds needed. The voucher will be forwarded to the Police Commissioner who, after approving same, will send the voucher to the City Comptroller. The Comptroller will then transfer the money from the seized assets account (C666 line) to the C.O.D.D.
ADMIN. 2.141
PAGE 2 OF 2
The C.O.D.D. will maintain a log book which will contain all transactions pertaining to this money. The log will reflect who receives money, incident or DD case number, whether money was for a C.I. or buy money, amount given or returned initialed by person receiving money and the balance on hand. FEES Controlled by the Support Services Division, a receipt is issued for all moneys collected as fees for services rendered by the Department of Public Safety and the moneys turned over to the City Comptrollers Office. This includes but is not limited to fees collected for: Taxi cabs; Weights and Measures; Finger printing; etc.
Procedure No. 2.160
DAMAGE / POLICE DEPARTMENT PROPERTY

SUBJECT: DAMAGE / POLICE DEPARTMENT PROPERTY

POLICY: The Mount Vernon Police Department is charged with and responsible for the maintenance and safekeeping of all Department property that the City allots for its use. The desire of the Commissioner of Public Safety is to utilize this equipment to its fullest extent and to secure the maximum efficiency there from. Members of the Department must in all cases realize the enormous amount of time and money expended in providing such equipment for their use. In consideration of this, and for their own interest and safety, all possible precautions must be taken to prevent accidents and damage to assigned property.
PROCEDURE: MEMBERS: 1. Be responsible for the good care, proper maintenance and serviceable condition of all Department property issued for or assigned to his use. Report promptly to their Commanding Officer the loss of damage to, or unserviceable condition of any Department property issued for or assigned to his use, or any article, or equipment used in connection with his duties as a police officer. Not alter police equipment, by changing same in any way, except in cases of emergency, or by direction of the Commissioner or Deputy Commissioner.
2.
3.
4.
Whenever a member of the Department is involved in an incident wherein Department property is damaged, the following procedure will be applicable: A. Take necessary action to safeguard Department property from further damage if able Member involve - In all cases, immediately notify the Desk Officer , either in person or by competent messenger. Ascertain the names and addresses of all parties involved in the incident. Remain on scene and make an immediate investigation, if same is practicable. Enter full facts in Memorandum Book. Submit report to Desk Officer on MV-5
B.
C. D.
E.
ADMIN. 2.160 PATROL SUPERVISOR: 5. 6. Superior Officer on patrol will immediately respond to scene. Conduct investigation and file Supervisors Report (MV-93).
PAGE 2 OF 2
NOTE: SEE DEPARTMENT PROCEDURE FOR SUPERVISORS REPORT (MV-93). DESK OFFICER: 7. 8. 9. 10. 11. 12. 13. Dispatch assistance if required. Direct Supervisor to respond. Make full entry of occurrence in Day Book. Proper notification to be made to other City Departments if involved. In the event of an accident of very serious nature, notify the Division Commander. Responsible that all necessary forms and entries are properly prepared and forwarded. Notification made to any other Unit of the Department that may be required.
NOTE: SEE DEPARTMENT PROCEDURES FOR SUPERVISORS REPORT (MV-93), AND ACCIDENTS/CITY INVOLVED.
Procedure No. 2.161
DEPARTMENT PROPERTY / SEPARATION FROM SERVICE

SUBJECT:
DEPARTMENT PROPERTY / SEPARATION FROM SERVICE
POLICY: Any member , sworn or civilian, upon separation from the Department shall return all Department issued property prior to their separation date. PROCEDURE: MEMBER / CIVILIAN: 1. All Department property is to be returned to the Support Services Division prior to separation from the Department. A. It is the Member/Civilians responsibility to return all Department property prior date of separation. In the event the date of separation is a holiday or weekend, property will be turned over to Support Services Division prior to the holiday or weekend. Support Services Division will provide the Member/Civilian with a copy of MV-99 (Department Property/Separation from Service Form), when all Department property is returned. If Department property is not returned prior to separation, the Member/Civilians final paycheck will be held until all department property is accounted for. Prior to separation from the Department, it is the responsibility of the Member/Civilian to prove, by documentation, his right to maintain possession of all firearms registered to him. Acceptable proof: 1. 2. Valid permit A letter from the Chief Executive Officer of law enforcement agency, verifying the position the member has been appointed to and the effective date of appointment. If the member fails to provide either of the above, he/she must surrender all registered weapons to the Property Clerk for safekeeping.
B.
C.
3.
ADMIN. 2.161 SUPPORT SERVICES DIVISION / PROPERTY CLERK: 2. Responsibilities: A.
PAGE 2 OF 2
Support Services Division is responsible for the accounting of Department property. The Property Clerk will examine all property for damage, completed and sign the MV-99 (Department Property / Separation from Service Form) and forward it to the Commanding Officer SSD. The Commanding Officer or his designee will review the MV-99 for completeness and accuracy. A copy of the completed MV-99 will be provided for the Member/Civilian. SSD will retain the original MV-99 and file it with the Member/Civilians record of Department property. A second copy will be forwarded to the Personnel Officer.
B.
C.
D.
E.
PERSONNEL OFFICER: 3. The Personnel Officer upon receiving notification of the intent to retire, resignation or termination of a Member/Civilian employee, will not release the final paycheck until receipt of the MV-99 from the Commanding Officer of Support Services Division. Upon receipt of the completed MV-99, the final paycheck will be released and the MV-99 will be placed in the 201 file of the Member/Civilian employee. This policy will apply to all Member/Civilian employees retiring, resigning or terminated. In the event of the death of an active member, the Unit Commanding Officer in conjunction with the family liaison will be responsible for the provisions of this directive.
4.
Procedure No. 2.162
DEPARTMENT FIREARMS RANGE

SUBJECT:
DEPARTMENT FIREARMS RANGE
PURPOSE: To establish procedures for the safe and orderly use of the Department Firearms Range. POLICY: The Department Firearms range shall be operated under strict supervision of a Department certified range officer. The range officer is charged with the safe and orderly operation of the range and shall have authority over all persons, regardless of rank or title, while engaged in training and firing exercises. PROCEDURES: RANGE SAFETY RULES: All persons, when using the firearms range will adhere to all safety instructions given by the range officer in addition to the following rules; 1. All firearms brought into the range must either be carried with the cylinder/action open and with the muzzle pointed upward, or they must be enclosed in a gun case, kit, box, holster, etc. until at an actual firing point. Pay strict attention to the Range Officer. He/she will inform you exactly what to do. The Range Officer has the authority to inspect all firearms and ammunition and will ban their use if, in his/her judgment, they are unsafe or not in good working order. The Range Officer will bar from the range, any person handling a firearm in an unsafe or careless manner. He/She may also void this persons range privileges until they can demonstrate safety in handling of firearms Any person seen firing at lights, baffles, carriers or any other range property or equipment may have their privileges suspended and will be reported to the proper authorities for appropriate action. Targets are to be mounted only on target support frames provided. Firing at boxes, cups or other objects is prohibited. Only targets authorized by Range Officer will be permitted. Persons utilizing the range facilities are not permitted forward of firing line.
2.
3.
4.
5.
6.
7.
ADMIN 2.162 8.
PAGE 2 OF 4 Only one shooter or one shooter and one instructor are permitted per shooting point, and only one uncased/un-holstered weapon is permitted per point. It is mandatory that all persons on the range wear protective glasses at all times. No one will be allowed to use the range without protective eyewear. Shooters will be responsible to supply their own eyewear.
9.
10.
Ear protection must be worn by all persons using the range. Ear protection will be supplied by the range.
11. 12. 13. 14.
Shooter will take position assigned to him/her. Never anticipate a command. Listen and pay strict attention to the range officer. No talking on the firing line except by the instructors. Never draw firearm from the holster or re-holster with your finger in the trigger guard. Never dry fire on the range, except under the supervision of an instructor. Load only after your position is taken on the firing line and the command to load is given. The muzzle of a weapon must be pointed downward at all times. Shooter must load and unload their own weapon. Loaded firearms are not permitted to be handed to another person. Do not change shooting points with a loaded gun. When leaving the firing line temporarily, lay the firearm on the shelve with the muzzle downrange and the cylinder/action open and visible. CEASE FIRING: Upon the verbal command from the Range Officer or audible range alarm siren all firing must stop and all firearms place on shelves with their muzzle facing downrange. Do not touch firearms again without further instructions from Range Officer. Do not take a jammed or malfunctioning firearm away from the shooting point. Lay it down with the muzzle pointing downrange and press Range master call button (*) and wait for assistance. When you are completely finished and ready to leave, point the muzzle upward and have the cylinder/action open, unless the firearm is cased, boxed or holstered. Persons using the firearms range are responsible for cleaning up after themselves. Cleanup includes but is not limited to: A. Removing all targets and debris.
15. 16.
17. 18. 19. 20. 21.
22.
23.
24.
25.
ADMIN. 2.162 B. Picking up all brass. 26.
PAGE 3 OF 4
All trash is to be placed in the proper containers and brass placed where designated. No food or drink is permitted in the range. No smoking is permitted in the Range. Feel free to ask the Range Officer about anything you are not sure of. Firearms Permitted A. B. C. Only Department authorized weapons are permitted. No rifles are permitted. Department authorized shotguns will be permitted at the discretion of the Department.
27. 28. 29. 30.
31.
Ammunition Permitted: A.
9mm / 9mm Federal 9BPLE, 115 Grain +P+ , Jacketed Hollow Point.
Any standard COMMERCIALLY loaded 9mm ammunition. NO RELOADED 9MM AMMUNITION WILL BE PERMITTED Any standard COMMERCIALLY loaded .38 cal Ammunition. Any COMMERCIALLY reloaded .38 cal Ammunition. Any reloaded or other ammunition may be barred from the range at the discretion of the range Officer. Any ammunition designed for penetrating metal is prohibited. No steel shot is permitted. No tracer, incendiary, gas explosive ammunition is permitted.
B. C. D. E. F.
G. H. I. RANGE FREE TIME: 32.
FREE TIME USE OF THE RANGE IS ENCOURAGED. A. B. All Members of the Department may use the Department range. The Department range will be open for use during hours designated by the Range Officer. Free time sessions shall be limited to one (1) hour per shooter. Additional time may be granted by the Range Officer when available.
C.
ADMIN. 2.162 D.
PAGE 4 OF 4 Shooters must make an appointment for free time shooting either by calling the Range or by reporting in person. All shooters are responsible for providing their own ammunition for free time shooting.
E.
USE OF THE RANGE BY NON-MEMBERS: 33. Only the Police Commissioner may grant permission for use of the range by persons other than Department Members. When permission is granted, those persons will strictly adhere to the following; A. Before engaging in any firing on the range each person is required to attend an instructional course given by the Department Range Officer. The course shall include range safety, firearms handling and range procedures. All persons must comply with the Department Range Procedures as set forth in this order. Non- members may use any registered handgun, provided the Range Officer finds its caliber and ammunition is acceptable for use on the range.
B.
C.
Procedure No. 2.163
HEADQUARTERS GYM
SUBJECT:
HEADQUARTERS GYM
POLICY: Members of the Mount Vernon Police Department may use the gym located in Police Headquarters. The gym is intended for physical exercise, and personal enjoyment of Members. The Department does not suggest or order its members to participate in the use of the gym or exercise equipment. Although, the department welcomes your use of the facility, the following conditions must be adhered to: 1. 2. Use of the gym and its equipment is limited to Police Department personnel only; Prior to using the gym all Department personnel must receive instruction from the Training Unit in the use of the gym equipment, and must sign a waiver documenting same; A log book will be maintained in the gym. All personnel will enter the date, time in and their signature in the log book prior to using the facility. Upon leaving members will enter the time out; Use is only authorized for personnel who are off duty. Personnel who are otherwise on duty but are temporarily excused, such as meal period, are not considered off duty for the purpose of using the gym; No personnel shall use the facility or the equipment therein, unless they are in the company of at least one other authorized off duty personnel; Only proper gym attire and sneakers will be worn while using the gym equipment; No food or beverages will be allowed in the gym area; Gym bags and other bulky articles are not allowed in the gym area; Personnel will further be notified that the use of said facility will be the users own risk.
3.
4.
5.
6. 7. 8. 9.
ANY MEMBER NOT FOLLOWING THE ABOVE GUIDELINES IS SUBJECT TO THE DEPARTMENT RULES AND REGULATIONS AND IN ADDITION MAY BE BARRED FROM USING THE FACILITY.
Procedure No. 2.164
PARKING VIOLATIONS ISSUED TO DEPARTMENT VEHICLES

SUBJECT: PARKING VIOLATIONS ISSUED TO DEPARTMENT VEHICLES

PURPOSE: To establish a policy for the responsible and timely disposition of parking violations issued to Department vehicles while on official business. NOTE: It is not the intent of this order implied or otherwise to license illegal parking. PROCEDURE: When a Department vehicle is cited for a parking violation in any jurisdiction the Member assigned to the vehicle at that time shall: 1. Notify his/her Commanding Officer of the violation by submitting the summons along with a written report. This shall be completed within twenty-four (24) hours after return to headquarters. The Commanding Officer receiving said summons and report shall investigate its propriety relative to the members assignment at the time, noting his recommendations. The Commanding Officer shall then forward the summons along with the investigation to the Deputy Commissioner for final determination of liability. Failure to follow the above procedure shall result in disciplinary action.
2.
3.
4.
MEMBERS: All members are strongly advised that if the summons is not consistent with their assignment or lacks exigent circumstances the Official Business Defense will not be honored, therefore the offending member shall liable for payment.
Procedure No. 2.165
CONTROL AND MAINTENANCE OF DEPARTMENT VEHICLES

SUBJECT:
POLICY:
CONTROL AND MAINTENANCE OF DEPARTMENT VEHICLES
All Division Commanders are responsible for the control and maintenance of Department vehicles assigned to their command.
PROCEDURE: 1. Division Commanders will cause records to be kept that reflect responsibility for Department vehicles at all times. The following information will be recorded and made accessible to the Chiefs Office on a twenty four (24) hour basis: A. B. C. D. E. Who vehicle is assigned to. Time out. Time in. Mileage out. (Does apply to Detective vehicles) Mileage in. (Does not apply to Detective vehicles)
2.
3.
Division Commanders will insure the proper maintenance (appearance and mechanical) of all vehicles assigned to their command.
Procedure No. 2.166
DEPARTMENT PROPERTY MANAGEMENT SYSTEM

Page 1 OF 18 Revised
SUBJECT: DEPARTMENT PROPERTY MANAGEMENT SYSTEM

PURPOSE: The purpose of this order is to define the functions of the Property Clerk Unit and Department Property Management System and to ensure the continuity and consistency of the operation. POLICY: It shall be the policy of this Department to provide for the proper and lawful management and control of found, recovered and evidentiary property and/or any other property in the custody of this Department. Procedures with respect to the handling, security and disposition of property will be strictly adhered to in conformance with local, New York State and Federal regulations. PROCEDURE: 1. PROPERTY CLASSIFICATION Property held by the Mount Vernon Police Department shall be classified as follows: A. Property purchased and/or acquired by the Mount Vernon Police Department for the operation and administration of the Department. Property acquired by the Department through conversion of evidence and/or found property in accordance with the Statute of Limitations, Court Directives or other stipulations. Property held in evidence in criminal investigations either current or adjudicated but retained in accordance with the Statute of Limitations, Court Directives or other stipulations. Found property held pending disposition by the Department in accordance with New York State Law. Property held by the Department for safekeeping. Property received, seized or otherwise acquired by the Department through legal process.
B.
C.
D.
E. F.
2.
RESPONSIBILITY: A. All evidence and found property items are the responsibility of the Property Clerk who is responsible to the Chief of Police or to the Chiefs designee. Any property or evidence retained by the Department shall be done so by the Property Clerk designee.
ADMIN. 2.166
2 of 18
To ensure that all property stored by the Department is properly controlled, it must be stored in one of the following designated secured areas: (1). (2). (3). (4). (5). (6). (7). Property/Evidence Room; Armory; Desk Officers property safe; Evidence refrigerator; Evidence lockers; Prisoner property lockers; Bulk evidence room;
a. All classifications of property recovered when the Property Clerk office is closed will be secured in the Desk Officers property safe, the evidence lockers, the evidence refrigerator, the bulk evidence room or in the prisoner property lockers as the property dictates. b. The Property Clerk shall have the responsibility of maintaining appropriate records which reflect the status of all property held by the Department in a secure area to prevent removal or record manipulation, and will be held accountable for control of all property accepted by or stored in the Departments storage area. 3. INSPECTION AND AUDITS A. On a monthly basis, the Chief of Police or the Chiefs designee shall conduct an inspection of property storage sites to determine adherence to department property management procedures, to ensure that property storage areas are being maintained in a clean and orderly fashion. An entry will be made in the Inspection Log Book, maintained in the Property/Evidence Room, reflecting the inspectors findings and recommendations. The Property Clerk will have the responsibility of maintaining and safeguarding the Inspection Log Book. The Chief of Police shall designate supervisory personnel not directly involved in the Property Management System to conduct an annual audit and to make an appropriate written report to the Chief of Police regarding the outcome of said audit. Unannounced periodic inspections of the property storage areas shall be conducted at least semiannually at the direction of the Chief of Police. Property accountability, security procedures and accuracy of records will be checked, and an appropriate entry shall be made in the Inspection Log Book. When a new Property Clerk is designated, an inventory of all property will be conducted jointly by the newly designated Property Clerk and the outgoing Property Clerk. This shall ensure that records are current and properly annotated.
B.
C.
D.
ADMIN. 2.166 4. ACCESS TO PROPERTY AND EVIDENCE STORAGE AREAS A.
3 of 18
Access to evidence and found property storage locations shall be limited to the following: (1). Members assigned to the property Clerk Unit shall have access to all storage areas, (excluding the Armory) Any other Members designated by the Commanding Officer of the Support Services Division.
(2).
5.
TAKING CUSTODY OF AND SECURING PROPERTY/EVIDENCE A. All evidence taken into custody by a Member of the Department shall be properly tagged, marked, or sealed in an appropriate evidence container, delivered, to the Property Clerk Unit and inventoried on a MV 110, Property Clerk Invoice. Evidence shall be marked with Members initials and shield number for future identification whenever possible. Marking will be done so as not to: (1). (2). (3). C. D. Damage the evidence. Impair its processing by technicians. Allow the mark to be accidentally
B.
Evidence shall be secured in the property and evidence room. All narcotics or currency shall be sealed in an evidence container and kept separate from any other evidence by the member submitting same. The Property Clerk shall not accept these items unless they are properly sealed. (1). All moneys shall be counted and the total shall be entered on the Property Clerk Invoice. All controlled substances shall be individually counted and itemized on the Property Clerk Invoice.
(2).
E.
If narcotics are taken into custody under circumstances other than arrest or investigations (e.g., found or abandoned), it shall be noted on the evidence container by the reporting officer that the drugs are to be destroyed, It shall also be noted on the Property Clerk Invoice by the Property Clerk. All property or evidence removed from any towed or impound vehicle shall be marked for identification and when applicable, sealed in a closed evidence container. These items shall be turned over to the Property Clerk who shall enter them on a Property Clerk Invoice. During the hours when the Property Clerk office is closed: (1). Property Evidence will be placed in the secure evidence locker(s) in the cellblock, or when necessary, in the Bulk evidence Room. (Refer to Operations Procedure 3.051).
F.
G.
ADMIN. 2.166 (2).
4 of 18 Blood and urine samples or other perishable items, which require refrigeration will be secured in the Evidence Refrigerator. When extenuating circumstances exist, (e.g., bulk items too large for the Bulk Evidence Room, large quantities, or critical evidence) the desk Officer will utilize the chain of command to determine if a member assigned to the Property Clerks Unit will be recalled in order to take immediate custody.
(3).
H.
It shall be the responsibility of the member who recovered the Property/Evidence to remove it from its storage area and deliver it to the Property Clerk without unnecessary delay. (1). The Property Clerk Unit shall inspect all sealed evidence containers upon receiving them as a precaution against tampering.
6.
RELEASE OF EVIDENCE TO POLICE PERSONNEL A. After being secured by the Property Clerk Unit, evidence shall only be released to the member(s) listed on the Property Clerk Invoice as Arresting/Assigned Officer with the following exceptions: (1). The Detective Division Commander, or his designee, may sign out the evidence in conjunction with criminal investigations. An Accident Investigation Technician may sign out evidence in conjunction with his investigation. Evidence will only be released to its rightful owner upon written authorization from the District Attorneys Office. The aforementioned written authorization shall be filed with the corresponding incident report. The person receiving the property shall acknowledge its receipt by signing his or her signature to the Property Clerk Invoice and/or appropriate control log. The Property Clerk shall retain the signed invoices in accordance with prescribed records retention rules.
(2).
(3).
B.
Evidence removed from the property Clerk Unit Office must be logged out and logged returned in the appropriate property/evidence ledger, (e.g., narcotics, weapons, miscellaneous, safekeeping , or lost and found) and signed by the Member taking responsibility for the evidence. When evidence is checked out of the Property Clerk Unit office and the seal on the evidence must be broken (for any reason), the member must: (1). (2). (3). (4). Complete a new evidence container. Secure the evidence and the old container in the new container, and Seal it again. Complete an MV61B to the corresponding incident number describing why the evidence was opened, time, and location opened and time and location resealed.
C.
ADMIN. 2.166 7. TRANSFER OF EVIDENCE A.
5 of 18
Evidence which require analysis will be transferred to the Westchester County Forensic Unit as follows: All movement of evidence shall be properly documented to maintain the chain of evidence. When evidence is to be delivered to the Westchester County Forensic Unit during the units normal business day, the member delivering the evidence shall: i. Document removal of evidence by signing the appropriate ledger. property/evidence
(1).
(2).
ii. Immediately deliver the evidence to the Forensic Unit and obtain from the forensic employee a Forensic Science Laboratory Evidence Receipt to be delivered said receipt to the Property Clerk without unnecessary delay.
B.
The Westchester County Forensic Unit retains custody of the evidence until it is reclaimed by the Property Clerk Unit for disposition, or by a police officer for court. If a blood sample is to be analyzed for drug or alcohol content, the arresting police officer will deliver it to the Forensic Unit as soon as possible, or by the next business day; before delivery the sample must be vouched by the Property Clerk Unit prior to transfer, however, the Property Clerk may, when the situation dictates, arrange to have the sample delivered to the Forensic Unit. Evidence transferred to court. (1). When a police officer is subpoenaed to court on an arrest involving evidence, he will: (a). (b). Contact the District Attorneys office upon receipt of the subpoena. If the District Attorneys office requests the evidence in the court proceedings, the police officer will notify the Property Clerk Unit in advance of the court date so that the Property Clerk will have time to retrieve the evidence. The police member will reclaim the evidence from the Property Clerk Unit and deliver it to the prosecuting attorney.
C.
D.
(2).
When leaving evidence with the District Attorneys unit, the transferring member will obtain an evidence receipt. The member will immediately deliver the receipt to the Property Clerk Unit as proof of the transfer. The transferring member should keep a copy of the evidence receipt for his or her own records After disposition of the case, the District Attorneys unit will return the evidence to a Mount Vernon Police member, who will ensure that the evidence is returned to the Property Clerk without unnecessary delay. The Property Clerk will make entry in the MVPD evidence log indicating the member, date and time the evidence was returned. The Property Clerk will
(3).
ADMIN. 2.166
6 of 18 retain the evidence until he or she receives a written authorization from the District Attorneys office indicating its destruction or return to the proper owner.
8.
STORAGE OF PROPERTY / EVIDENCE A. The property Clerk will receive and log returned evidence in the appropriate property / evidence ledger and ensure the entry is signed by the person returning the evidence. The Property Clerk will also ensure that the evidence is properly sealed and identification before acceptance. The Property Clerk will receive and log returned evidence in the appropriate property / evidence ledger and ensure the entry is signed by the person retuning the evidence. The Property Clerk will also ensure that the evidence is properly sealed and identified before acceptance. (1). Any firearm which is surrendered or voluntarily delivered to the department pursuant to Section 265.20 of the Penal Law shall be disposed of in accordance with Section 400.05 Subdivision 6 of the Penal law.
B.
C.
Vehicles seized as evidence shall be stored in a secured area by a department authorized towing company.
D.
Before destroying property, the Property Clerk will check or consult with: (1). (2). (3). (4). Police and current records. The District Attorneys Office. The member who confiscated the evidence. The Detective Division Commanding officer regarding disposition and appeals of any drug evidence.
E.
Final disposition of evidentiary property will be accomplished within six months after legal requirements governing its retention have been met. Evidence may be disposed of in the following manner: (1). (2). (3). Evidence may be returned to its rightful owner. Destroyed at the local level by the Property Clerk. Narcotics must be properly inventoried and destroyed under strict controlled circumstances as dictated by the NYS Department of Health, Bureau of Controlled Substance. Firearms shall be delivered to the New York State Police Crime Laboratory for destruction, and an itemized receipt shall be returned to the Property Clerk Unit for filing. The property Clerk Unit will also make the appropriate
F.
(4).
ADMIN. 2.166
7 of 18 entries (as always) in the corresponding log books and on the corresponding Property Clerk invoices. (5). Fireworks shall be destroyed locally.
G.
After disposing of the evidence, the Property Clerk Invoice shall be microfilmed and retained as a permanent record by the department.
9.
DESTRUCTION OF NARCOTICS A. All substances identified for destruction will be itemized on a Control Substance Surrender Form (New York State Department of Health, DOH-166). The substances will be boxed and sealed by the property Clerk before being transported to the place of destruction by the Commanding Officer of the Support Services Division or the C.O.s designee, the Property Clerk and a representative from the New York State Department of Health, Bureau of Controlled Substances. After ensuring that the drugs have been completely destroyed, the property Clerk will return a copy of the Controlled Substance Surrender Form, signed by himself and by the New York State Department of Health representative, to the Property Clerk Unit where he shall retain it in file with a supporting deposition. The Property Clerk will also make the appropriate entries in the corresponding log books and on each corresponding property Clerk Invoice. The Property Clerk Invoices will be recorded on microfilm and shall be retained on file in the department.
B.
10.
GUIDELINES FOR THE USE AND FILING OF THE PROPERTY CLERK INVOICE FORMS: A. A property Clerk Invoice (MV 110) shall be completed by the Property Clerk whenever property/evidence is surrendered to the Property Clerk Unit. B. The yellow copy of the Property Clerk Invoice shall be affixed to the surrendered property. The white copy of the Property Clerk Invoice shall be affixed to the corresponding incident report and retained on file. The pink invoice copy shall be retained on file by the Property Clerk Unit. C. The property Clerk is responsible for insuring that the property Clerk Invoice is property completed and filed, and that appropriate entries are made in the corresponding log book and/or the department computer filing system.
11.
PROPERTY LOST/FOUND A. Definitions: (1). Property means money, goods, chattels and tangible personal property. (a). (b). Lost property includes lost or mislaid property. Abandoned property and other property, which is found, shall be presumed to be lost property.
(2).
Instruments means a check draft, promissory note, bond, bill of lading, warehouse receipt, stock certificate or other paper document other than money, evidencing a right to property or a share of interest in property or in an enterprise.
ADMIN. 2.166 (3).
8 of 18 Owner means any person entitled to possession of the lost property as against the finder and against any other person who has made claim. Finder means the person who first takes possession of lost property. Transportation facility means a railroad car or coach, Pullman car, street surface railroad car, subway car, motor coach, taxicab, aircraft or steam ship, and any other vehicle or conveyance designed for carriage of persons.
(4). (5).
12.
LOST / FOUND PROPERTY RECOVERED BY DEPARTMENT MEMBER A. Police Officers shall accept and retain custody of found property or instruments deposited with them. The member accepting the property shall: (1) (2) (3) Complete a MV-61A found property report. Tag the property for identification. Deliver the property with out unnecessary delay to the Property Clerk Unit. a. When extenuating circumstances exist, (e,g, the property Clerk unit is closed, large quantities or bulk items) the member in receipt of the property shall safeguard it as he or she would evidence. (4) Property may be returned to the owner if no written notice of any other claim to the property has been served; however, the member returning the property shall ensure that his or her original MV-61A report is supplemented to reflect the transfer, and that the person receiving the property acknowledges the transfer of property by affixing his or her signature to the members written report. When the Property Clerk returns property that is in his or her custody, the Property Clerk shall have the person receiving the property affix his or her signature to the corresponding log book entry and to the Property Clerk Invoice. The Property Clerk Invoice shall be microfilmed and retained as a permanent recorded by the Department.
(5)
13.
PROPERTY HAVING SALVAGE VALUE AND PROPERTY HAVING NO VALUE A. Property having no value other than salvage value, may be sold by the department in such manner as may be reasonable under the circumstances. Any property may be sold by the Department, at public auction, when the expenses reasonably incurred in dealing with it, including expenses incurred in taking custody, transportation, storage, and appraisal, any special expense attributable to administration of the property, amount to more than one half the amount reasonably estimated as the net sum likely to be realized by its sale at public auction. Found property, having no value, and derelict automobiles, having no value, may be destroyed by the department. The destruction or sale of any such property described above shall be handled by the property Clerk unit with the exception of derelict automobiles.
B.
C.
D.
ADMIN. 2.166 (1).
9 of 18 Any monies from the sale of said property shall be delivered to the Mount Vernon Comptrollers and an itemized signed receipt shall be filed by the Property Clerk.
14.
RETENTION BY THE POLICE A. Lost/Found property shall be kept in the custody of this department for the following periods, unless sooner delivered to owner, however, final disposition B. of found/recovered property will be accomplished within six months after legal requirements have been met. (1) Property having a value of less than one hundred dollars, or proceeds property having such value, three months. Property having a value of one hundred dollars or more, but less than five hundred dollars, or proceeds of property having such value, six months. Property having a value of five hundred dollars or more, but less than five thousand dollars, or proceeds thereof, one year. Property having a value of five thousand dollars or more, or proceeds thereof, three years. Three months before the expiration of the time period, if the property has not been delivered to the owner. (a) The Property Clerk Unit shall give notice to the owner, if known; and, to any person who has interest in the property; and, to all persons who have made claim to the property; and, to the finder. Property found in a place other than a public street or highway, requires that the person in charge of such premises be notified. 1. Such notice shall be in writing and served personally or by Certified Mail to the last known address of the person to whom it is sent and shall state in substances: a. That if within three months after the date of personal service or mailing of the notice, the notice, the owner does not claim the property, and if at the end of such three months no actions is pending to determine rights to such property, written action of which notice was served upon the police having custody of the property, the property will be released to the finder, or if he established his right, to a person entitled to assert the right of the finder as provided in Sec. 256 of the Personal Property Law. That if at the expiration of three months and ten days after the date of the personal service or mailing of the notice, the owner has not claimed the property and the finder, or person entitled to assert the right of the finder as provided in Sec. 256 of the Personal Property Law,
(2).
(3).
(4).
(5).
(b)
b.
ADMIN. 2.166
10 of 18 has not demanded delivery of it, and no action is pending to determine rights to such property, it will be disposed of in such manner as is reasonable in the circumstances. c. If, at any time, the police have reason to believe that a person has interest in found property or in a found instrument in their possession and reason to know his whereabouts, they shall give notice of the finding and the location of the unit to which property or instrument is transmitted to such person. d. When lost or found property is returned to the owner, his agent or to the finder, the Property Clerk shall have that person affix his or her signature to the Property Clerk Invoice and to the corresponding log book entry. When property is turned over to the finder, or other party of interest, the Property Clerk will print a brief explanation of the transaction on the rear of the Property Clerk Invoice. The signed copy of the Property Clerk Invoice shall be kept on file to indicate final disposition of the property. When property is offered for public sale or auction, it will be held under the direction of the Property Clerk Unit after the required forty-eight (48) hours notice is advertised in a newspaper of the county where the sale is held.
e.
f.
15.
DISPOSITION OF INSTRUMENTS
A.
No instrument deposited with the Mount Vernon Department of Public Safety, Bureau of Police, shall be destroyed or sold, except as provided in Sec. 256 of the Personal Property Law, no instrument shall be returned to the finder, or his employer, or the person upon whose premises it was found. (1) (2) It shall be delivered to the person entitled thereto (Sec. 255 Personal Property Law). The Property Clerk shall give notice of the deposit to each person whose name and address appears upon the instrument or whose name so appears and whose address is known to the Police Department.
16.
EXCEPTIONS TO CLAIM OF PROPERTY A. If a finder takes possession of lost property while he is upon premises with respect to which his presence is a crime. The person in possession where the lost property was found shall have the rights of the finder, as provided in Sec. .254 of the Personal Property Law, if. Before the property is delivered to the finder by the police, he files with the police having custody of the property, a written notice asserting his rights.
ADMIN. 2.166 B.
11 of 18 If the finder is an officer or employee of the state or of public corporation and takes possession of the property in the course of his official duty, the state or public corporation shall be deemed to be the finder for the purpose of Sec. 257 of the Personal Property Law, if, in any other case, the finder is an member under a duty to deliver the lost property to his employer, the member shall have the rights of the finder as provided in Sec. 254 of the Personal Property Law if, before the property is delivered to the finder by the police having custody of the property, a written notice, ascertaining such rights is filed with the police. A person who finds or comes into possession of property or an instrument while he or she is in or on a transportation facility at any place in the state, taking with him at the time of such departure, property or an instrument found by him in or upon the transportation facility or found property or found instrument of which he acquired possession while in or upon the transportation facility, taking the found property or instrument with him, shall be deemed for the purpose of his article to be the place where the finding occurred or possession was acquired. If, at any time an action or proceeding shall be commenced to determine the right to found property or to an instrument, written notice of such action shall be served upon the police having custody of the property or instrument. The police, having received such written notice, shall thereafter deliver the property or instrument to any person except pursuant to court order. This article does not supersede or limit any other statute or rule of law governing custody or disposition of articles in the custody of the police which constitute evidence of the commission of crime, or which may not lawfully be possessed, or which may not be lawfully possessed without license.
C.
D.
E.
17.
TITLE TO LOST PROPERTY A. The title to lost property has been deposited with the police shall vest in the finder, or other person entitled to assert the rights of the finder, as provided in Sec. 254 of the Personal Property Law, when the property is delivered to him in accordance with Sec. 254 of the Personal Property Law. It shall vest in the buyer when the property is sold, as provided in Sec. 253 and 254 of the Personal property Law. If the finder of lost property, under the value of ten dollars, has made reasonable effort to find the owner and restore it to him, and has been unable to do so, the title of such property shall vest in the finder at the end of one year after the finding.
B.
18.
PROPERTY HELD FOR SAFEKEEPING A. The Mount Vernon Department of Public Safety Bureau of Police does not routinely accept personal property from the public for safekeeping. However, under certain circumstances the Department is obligated to take possession and safeguard personal property of an individual. When personal property is accepted for safekeeping a written report describing the circumstances surrounding the incident shall be written. All property accepted for safekeeping shall be turned over to the Property Clerk Unit, who will inventory the property on a Property Clerk Invoice and an entry shall be made reflecting the property in the Safekeeping Log.
B.
C.
ADMIN. 2.166 D.
12 of 18 All safeguarded property must be either tagged for identification and/or sealed in a plastic evidence bag. The Mount Vernon Department of Public Safety, Bureau of Police, is obligated to accept firearms for safekeeping when an individual is awaiting a valid pistol permit or in any situation where, in a supervisors judgment, not accepting a firearm would create a hazardous condition.
E.
19.
AGENCY OWNED PROPERTY A. Property purchased for agency use must be requisitioned through the Support Services Division. Department issued property will be disturbed by the Support Services Division. (1) Each Member will be held accountable for all property issued to him/her and agency property or equipment assigned to him/her for a given shift, task, or project. Employees may be assigned departmentally owned vehicles, lockers, desks, cabinets and cases for the mutual convenience of the department and its personnel. All personnel are advised that the retention of personnel items in such containers or facilities is at the risk of the member and the department will not be responsible for any losses. Supervisors are responsible for periodically checking the condition of department property and equipment issued to his personnel as part of his/her routine inspection duties. To facilitate repair or replacement, any lost, damaged or stolen property must be reported in writing by the member assigned to the property or discovering member on a MV-5 report form to his/her immediate supervisor as soon as possible. The immediate supervisor will conduct an investigation and report his or her findings on a MV-93
B.
(2)
(3)
C.
Maintaining department owned property in a state of operational readiness is a responsibility of the Support Services Division. (1) It will be incumbent upon all members to maintain their issued equipment in good order and to make appropriate and timely notification to the appropriate supervisor for necessary repairs or maintenance.
20.
IMPOUNDED MOTOR VEHICLES A. Whenever a motor vehicle is towed to a designated impound area, the reporting police member shall complete a Motor Vehicle/Voucher and Tow report, and in addition to the Motor Vehicle/Voucher and Tow Report (MV-51), he or she shall ensure that photographs are taken and following reports are completed: (1) (2) A Teletype inquiry to determine ownership, status, etc. A file 25 Teletype entry to prevent an impound vehicle from being reported as stolen. A file 1 recovery (MV-52) if the impound vehicle was reported stolen in the City of Mount Vernon.
(3)
ADMIN. 2.166 (4)
13 of 18 Form MV-61, if the impound vehicle was reported stolen outside the City of Mount Vernon, and when the impounded vehicle was not impounded because of a crime in the City of Mount Vernon. Form MV-61 or MV-61, depending on the circumstances surrounding the seizure, if the impounded vehicle was involved in a crime in the City of Mount Vernon.
(5)
B.
Release of an Impound Motor Vehicle. Impounded motor vehicles may only be cleared through the Support Services Division, Vehicle Removal Unit, during normal business hours, unless prior arrangements for the vehicle release have been made with the Vehicle Removal Unit. When a motor vehicle has been cleared for release, the following shall be complied with: (1) Owner of vehicle must present proof of ownership, a currently valid operators license, and proof of insurance coverage on the vehicle to be released, if the vehicle is to be driven away. Proof of insurance is not required if the vehicle will be transported by a tow truck or upon another vehicle. Owner to sign the impounded vehicle release appearing at the bottom of the Motor Vehicle/Voucher and Tow Report (MV-51). Owner to be given a written receipt after paying any and all changes due on the impounded vehicle. Teletype entry cancelled.
(2)
(3)
(4)
21.
ABANDONED VEHICLES Definitions: 1. Abandoned Vehicles (Section 1224, Vehicle and Traffic Law) A motor vehicle is considered abandoned if left unattended: A. Without number plates, for more than six hours on any highway or other public place; With number plates, for more than twenty-four hours on any highway or other public place, where parking is not permitted; or With number plates, for more than forty-eight hours after parking becomes illegal, when left on a part of a highway or public place where parking was previously legally permitted; With or without plates for more than ninety-six hours on someones property without permission of the property owner.
B.
C.
D.
2.
Itinerant Vehicle Collector (Section 415-a, Vehicle and Traffic Law)

means any person engaged in the business of acquiring non-operable vehicles who sells the vehicles or their major component parts to a vehicle dismantler or scrap processor.
ADMIN. 2.166
14 of 18
3.
Vehicle Dismantler (Section 415-a Vehicle and Traffic Law) means any person engaged in the business of acquiring motor vehicles or trailers for the purpose of dismantling them for part or reselling the vehicle as scrap. Scrap Processor (Section 415-a, Vehicle and Traffic Law) means any person required to be licensed under Article 6-C of the General Business Law who purchases material, which is or may have been a vehicle or vehicle part, for processing into a form other than a vehicle or vehicle part, and who does not sell the material as motor vehicle, a trailer or major component part, except as otherwise provided by regulation of the commissioner. Junk and Salvage Vehicle (Part 81, Commissioners Regulation) means any 1973 or later model year vehicle which has been transferred to an insurance company in settlement of a claim for damage or theft and any 1973 or later model vehicle which has been sold otherwise disposed of as junk or salvage.
4.
5.
PROCEDURES: A. Acquiring Ownership of Abandoned Vehicles In order to determine when an owner of an abandoned vehicle must be contacted, its value must be assessed by using one of the commonly available vehicle value guides, making appropriate allowances for the actual condition of the vehicle.
(1).
If the abandoned vehicle has no plates attached and has a wholesale value of $750 or less, the local authority immediately acquires ownership. The last owner(s) and any lien holder(s) do not have to be contacted in these cases. If the abandoned vehicle has a wholesale value greater than $750 or has number plates attached, the local authority must make an inquiry concerning the last owner of the vehicle to: the jurisdiction which issued the plates on the vehicle; or If there are no plates attached, to the New York State Department of Motor Vehicles.
(2).
B.
Ownership Inquiries: (1) Local authorities can get ownership information from the New York State Department of Motor Vehicles; Via computer terminal, if connected with the title records file of the New York State Department of Motor Vehicles, or; By sending a Lien or Title Information Request (Form MV-905) for each abandoned vehicle to the; New York State Department of Motor Vehicles, Public Service Bureau, Empire State Plaza, Albany, New York 12228-0232,or; c. By sending a list with the Vehicle Identification Number (VIN), year and make of each vehicle to the; New York State Department of Motor Vehicles, Division of Data Preparation and Control, Empire State Plaza, Albany, New York 12228-0430
a.
b.
ADMIN. 2.166 (2) (3) Government agencies are exempt from the usual search fee. Form MV-905 is available from any Motor Vehicles unit or from the,
15 of 18
New York State Department of Motor Vehicles, Forms Inventory Control, Empire State Plaza, Albany, New York 12228. (4) A vehicle with expired number plates attached which were issued to that vehicle should be treated as a vehicle with number plates attached. A vehicle with switched number plates should be treated as a vehicle without number plates attached. 1. When abstract listing owner and lien holder information, if any, is received from the motor vehicles department of the state which issued the plates, the local authority give the required notices by telephone, provided this factor is certified to the Commissioner on Form MV-906A (Certification of Abandoned Vehicle Acquisition).
2.
If the vehicle is unclaimed, the local authority acquires ownership of the vehicle ten days from the date the notices are mailed. If notice is received from the Motor Vehicles Department of the appropriate state that the identity of the owner cannot be determined, or that state refuses to provide information, ownership of the vehicle is acquired by the local authority without any other notice required.
3.
C.
Determining Method of Sale (1) If the local authority determined that an abandoned vehicle is suitable for operation or the public highways, the vehicle must be sold at public auction to the highest bidder, converted to the authoritys use as specified in item 2 below. (See Section 4 Transferring Ownership) If the local authority determines that an abandoned vehicle is not suitable for operation on the public highways, the vehicle must be sold to a vehicle dismantler or scrap processor registered or certified under Section 415-a of the Vehicle and Traffic Law, or to a vehicle dismantler or scrap processor who does not have a place of business in this state, but who has a business identification number issued by the New York State Department of Motor Vehicles. If authorized by local law, a local authority may, in any calendar year, convert up to one percent of its unclaimed abandoned vehicles (those having plates attached or valued at more than $750) or two such vehicles, whichever is greater, for its own use. At no time should the party acting as the agent of a municipality be instructed to place a garage mens lien on these vehicles.
(2)
(3)
(4)
D.
Transferring Ownership (1) If the vehicle is a 1972 or older model vehicle or other vehicle not subject to the title law, the local authority may transfer ownership upon sale of the vehicle by preparing and giving to the purchaser: a bill of sale, which must be in the format shown in the Appendix; and
ADMIN. 2.166 -
16 of 18 an affidavit stating that the last known owner and known lien holder(s) have been contacted under Section 1224 of the Vehicle Traffic Law, and that ownership is acquired under subdivision (3) (c) of that section; or if the vehicle is worth $750 or less wholesale and had switched plates or on number plates attached at the time of abandonment, an affidavit that ownership was acquired immediately under subdivision (2) of that section. The Certification of Abandoned vehicle Acquisition (Form MV-906A) may be used as the affidavit.
(2)
If the vehicle is a 1973 or newer model vehicle or other vehicle subject to the title law, the local authority must transfer ownership upon sale of the vehicle by preparing and giving to thee purchaser: Salvage Certificate (Form MV-907A) or a bill of sale in the format shown in the appendix; And an affidavit as described above. Form MV-906A may be used as the affidavit. The department of Motor Vehicles prefers the Salvage Certificate (Form MV907A) instead of a bill of sale because a vehicle sold with a Salvage Certificate will have to be examined as part of its auto theft program.
E.
Certification of Abandoned Vehicle Acquisition (Form MV-906A) (1) Form MV-906A must be serially numbered and printed by the local authority that uses it. The forms must be 7 3/8 x 3 and in the format shown in the Appendix. The local authority must maintain in their files a list of representatives authorized to sign Form MV-906A, along with a facsimile of their signatures, so the Department of Motor Vehicles can check the authenticity of a document. All of the information shown on the sample MV-906A in the Appendix must be provided. If abandoned vehicles are provided. If abandoned vehicles are recovered within the boundaries of a local jurisdiction by a registered vehicle dismantler or other contractor within the jurisdiction, the name of the contractor, the pickup date, the location of the vehicle, etc. may also be entered on the MV-906A.
(2)
(3)
F.
Salvage Certificate (Form MV-907A) (1) The Salvage Certificate (Form MV-907A) is the statement of acquisition, which serves as proof of ownership instead of the title for junk and salvage vehicles. It may be used to transfer ownership of an abandoned vehicle and must be supplied to towing services who are normally left with 1973 and newer vehicles that they are authorized to tow. Copy 1 is the transfer documents, which must be given to the purchaser of the vehicle. It serves as proof of ownership and includes an odometer disclosure statement. Copy 2 is sent to the Department of Motor Vehicles by the locality either before or after the sale or other disposition (see sample in the Appendix) and serves as notice of the localitys acquisition and disposition of the vehicle. The copy should be mailed to the:
ADMIN. 2.166
17 of 18 New York State Department of Motor Vehicles, Division of Motor Vehicle Regulation, P.O. Box 2105-ESP, Albany, New York 12220-0105. Copy 3 should be retained in the localitys files for five years from the date of sale to meet the legal requirement for retention of odometer disclosure documents. (2) The Salvage Certificate is a sequentially numbered security document that must be controlled in distribution and use. The blank Salvage Certificates must be kept in a secure storage area at the location where they will be completed. The department will maintain records of all blank MV-907A issued. Blank MV-90As may be requested in multiples of ten (minimum order 20) from the. New York State Department of Motor Vehicles, Division of Vehicle Safety Services, Empire State Plaza, Albany, New York 12228-0110 By completing a Salvage Certificate Requisition 9Form VS-113A). Local authorities and municipalities are exempt from the usual fee. DMV facility number must be entered on all requests. (4) Any MV-907A (DMV copy) that is incomplete, incorrect or has been altered will be rejected by the Department of Motor Vehicles. The corresponding transfer copy of the MV-907A will be void and must be recovered from the purchaser by the person who issued it; a new MV-907A must be competed. All avoided MV-907As must be returned.
(3)
(5)
In completing the Salvage Certificate, the local authority must enter its name and address in Section 3, Verification Acquisition.
G.
Number Plates and Ownership Documents (1) Number plates found on abandoned vehicles recovered by local authority should be removed and stored for 30 days; after 30 days the plates should be destroyed at the local level. A list of destroyed plate numbers, along with the names of the registrants, should be sent monthly (when practical) to the: New York State Department of Motor Vehicles, Division of Data Preparation and Control, Empire State Plaza, Albany, New York 122228-0430 (2) After the search for the owner is completed, ownership documents found in abandoned vehicles should be destroyed, except that any Certificate of Title should be returned to the Title Bureau with a written explanation why the title is being forwarded.
H.
Vehicle Identification Number (VIN) Plate
ADMIN. 2.166 (1)
18 of 18 A local authority may sell an abandoned vehicle a missing, altered or defaced VIN plate only to a registered vehicle dismantler or certified scrap processor must contain a public VIN plate Do NOT remove the VIN plate from any vehicle, even those that will be scrapped or destroyed. The VIN plate should always remain on the vehicle. To obtain a replacement VIN plate, the local authority should apply to the: New York State Department of Motor Vehicles, Unit of Field Investigation, Empire State Plaza, Albany, New York 12228-0431. A completed Application for Vehicle Identification Number (Form MV-272.1) must be used for each VIN plate needed. Government agencies are exempt from the VIN plate replacement fee. (4) Form MV-272.1 is available from any Motor Vehicle unit or from the: New York State Department of Motor Vehicles, Forms Inventory Control, Empire State Plaza, Albany, New York 12228.
(2)
(3)
I.
Money from the Sale of Abandoned Vehicles (1) Any money received from the sale of an abandoned vehicle, less the expense of removal, storage and sale, must be held by the local authority for a period of one year for the owner of abandoned vehicle. If unclaimed by the end of the one-year period, the money shall be paid into the general fund of the local authority.
J.
Vehicles Abandoned on Private Property (1) Section 1224 of the Vehicle and Traffic Law permits a local jurisdiction to take possession of a vehicle abandoned on private property, provided the vehicle has been left on the property for more than ninety-six hours without permission of the property owner, however, the Mount Vernon Vehicle Removal Unit does not remove vehicles from private property and, except for informing the property owner how to dispose of the abandoned vehicle, should not become further involved. Property owners should be instructed to contact a registered itinerant vehicle collector or registered vehicle dismantler. These parties have the Statement of Abandoned Vehicle Transfer (Form MV-37) which a property for which there is no proof of ownership, provided the vehicle meets all the following conditions: Has a whole value of $750 or less, and is ten (10) or more model years old, and has been abandoned for a minimum time of one month, and is never to be titled again, an is transferred to a registered itinerant vehicle collector or registered vehicle dismantler.
a. b. c. d. e.
Procedure No. 2.180
PROTOCOL FOR DECEASED POLICE OFFICERS

SUBJECT: PROTOCOL FOR DECEASED POLICE OFFICERS

PURPOSE: To establish Departmental protocol for mourning deceased police officers. PROCEDURE: CITY FLAG: 1. The City Flag will be flown at half staff for a period of thirty (30) days for members of the Department who die in the line of duty.
P.B.A. BUNTING AND PLAQUE: 2. The P.B.A. Bunting and Plaque will be displayed over the front door of Police Headquarters as follows: A. B. Active member, any circumstance, thirty (30) days; Retired member, five (5) consecutive days.
MOURNING BANDS: 3. Mourning bands will be displayed on badges as follows: A. B. Active members, any circumstances, thirty (30) days; Any police officer, employed in New York State, killed in the line of duty, five (5) consecutive days; Any Police funeral at which, Members are present representing the Department.
C.
Procedure No. 2.181
CRIMINAL IDENTIFICATION UNIT, DARK ROOM HAZARD COMMUNICATION

Page 1 OF 3 Revised
SUBJECT:
CRIMINAL IDENTIFICATION UNIT, DARK ROOM HAZARD COMMUNICATION
PURPOSE: The purpose of this procedure is to that the Mount Vernon Police Department, Detective Division, Criminal Identification Unit (C.I.U.) Dark Room is in compliance with the Occupational Safety and Health Administration (O.S.H.A.) Hazard Communication Standard (H.C.S.) 29 CFR 1910.1200. The C.I.U. Commander is the overall coordinator of the C.I.U. Dark Room acting as the representative of the Police Commissioner who has overall responsibility. In general, each member of the Department assigned to work in the C.I.U. Dark Room, will be appraised of the substance of the H.C.S., the hazardous properties of chemicals they work with, and measures to take to protect themselves from those chemicals.
PROCEDURE: 1. LIST OF HAZARDOUS CHEMICALS The C.I.U. Commander or his designee will maintain a list of all hazardous chemicals used in the C.I.U. Dark Room, and update the list as necessary. The hazardous chemical list will be updated upon receipt of hazardous chemicals at the C.I.U. Dark Room. The list of hazardous chemicals is maintained in the C.I.U. Commanders office and a duplicate set will be maintained in the C.I.U. Dark Room. 2. MATERIAL SAFETY DATA SHEETS (MSDSS) The C.I.U. Commander or his designee will maintain a Material Safety Data Sheet (M.S.D.S) library on every substance used, on the list of hazardous chemicals in the C.I.U. Dark Room. A M.S.D.S. will consist of a fully completed O.S.H.A Form 174 or equivalent. The C.I.U. Commander will ensure that the C.I.U. Dark Room maintains all M.S.D.Ss for hazardous materials used in that area. M.S.D.Ss will be readily available to all employees. A. The C.I.U. Commander or his designee is responsible for acquiring and updating M.S.D.Ss. The C.I.U. Commander will review each M.S.D.S for accuracy and completeness and will consult with the Training Unit Commander if additional research is necessary. All new procurements for the C.I.U. Dark Room must be cleared by the C.I.U. Commander or his designee. Whenever possible, the least hazardous substance will be procured.
ADMIN. 2.181
PAGE 2 OF 3 B. M.S.D.S that meet the requirements of the H.C.S. must be fully completed and received at the C.I.U. Dark Room either prior to, or at the time of receipt of the first shipment of any potentially hazardous chemical purchased from a vendor. It may be necessary to discontinue procurements from vendors failing to provide approved M.S.D.Ss in a timely manner.
3.
LABELS AND OTHER FORMS OF WARNING The C.I.U. Commander is designated to ensure that all hazardous chemicals in the C.I.U. Dark Room are properly labeled. Labels should list at least the chemical identity, appropriate hazard warnings, and the name of the manufacture; importer; or other responsible party. The C.I.U. Commander will refer to the corresponding M.S.D.S to verify label information. Immediate use containers or small containers into which materials are drained for use on that shift by the employees drawing material, do not require labeling. To meet the labeling requirements of the H.C.S. for other in-house containers, refer to the label supplied by the manufacture. All labels for in-house containers will be approved by the C.I.U. Commander prior to their use. A. The C.I.U. Commander or his designee will check on a monthly basis to ensure that all containers in the C.I.U. Dark Room are labeled and that the labels are up to date.
4.
TRAINING Each Member of the Department who is assigned to work in the C.I.U. Dark Room who works with or is potentially exposed to hazardous chemicals in that facility will receive initial training on the H.C.S. and the safe use of those hazardous chemicals. Additional training will be provided for those employees whenever a new hazard is introduced into the facility. Hazardous chemical training is conducted by the Training Unit Commander or his designee. The Training Unit will be responsible for maintaining all appropriate files, course outlines (lesson plans). Training records, training schedules, and related course materials. A. The training will emphasize the following elements: (1) (2) A summary of the standard and this written program; Hazardous chemical properties including visual appearance and odor and methods that can be used to detect the presence or release of hazardous chemicals; Physical and health hazards associated with potential exposure to workspace chemicals; Procedures to protect against hazards, e.g. personal protective equipment, work practices, and emergency procedures; Hazardous chemicals spill and leak procedures; and Where M.S.D.Ss are located, how to understand their content, and how employees may obtain and use appropriate hazard information.
(3)
(4) (5) (6)
B.
The Training Unit Commander or his designee will monitor and maintain records of employee training and advise the C.I.U. Commander on training needs.
ADMIN. 2.181 5. CONTRACTOR EMPLOYERS
PAGE 3 OF 3
The C.I.U. Commander will advise outside contractors of any chemical hazards which may be encountered in the normal course of work in the C.I.U. Dark Room. 6. NON-ROUTINE TASKS Prior to all non-routine tasks carried out in the C.I.U. Dark Room (i.e., maintenance), appropriate supervisory personnel will consult with the C.I.U. Commander and will ensure that all involved employees are informed of chemical hazards associated with the performance of these tasks. This will be accomplished by a meeting of all involved supervisors and all involved employees before such work is started. 7. ADDITIONAL INFORMATION Further information on this written program, this H.C.S. and applicable M.S.C.D.Ss is available from the C.I.U. Commander of the Training Unit Commander.
Procedure No. 2.220
SPECIALIZED TRAINING
Page 1 OF 1 Revised
SUBJECT:
SPECIALIZED TRAINING
PURPOSE: The purpose of this policy is to establish those functional areas of the Mount Vernon Police Department that require advanced, technical, and job-specific knowledge in order to adequately perform the assigned tasks.
POLICY: It is the policy of the Mount Vernon Police Department, that members, when assigned to specialized functions, be required to receive specialized training. These assignments will be made by Personnel Order. DEFINITION: For the purposes of this order, the following are defined as specialized functions: A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. Detective Juvenile Officer Public Information Officer Evidence Technician Field Training Officer Police Instructor (General) Firearms Instructor Hostage Negotiator Background Investigator DARE Officer Breath Test Operator Accident Investigator Emergency Service Officer Motorcycle Officer Any other specialist function defined by the Commissioner or his designee.
Procedure No. 2.221
MAINTAINING MEMBERS TRAINING RECORDS

Page 1 OF 2 Revised
SUBJECT:
MAINTAINING MEMBERS TRAINING RECORDS
PURPOSE: To establish a policy for maintaining Training Records of all Members of the Department.
BACKGROUND: Although Basic Recruit Training is perhaps the most critical a Police Officer will receive, on-going, mandated and specialized In-Service Training is essential to continually enhance the skills and expertise of all members. The Department will provide this type of training in each Members individual Training File. POLICY: The Training Unit of Mount Vernon Police Department will maintain records of all training received by Members. The Commanding Officer of the Training Unit is responsible to insure that all records of training are current and accurate, and is maintained in an individual file for each member. 1. Department Training Records will include at a minimum: A. Basic Recruit School Records: (Form) (1) (2) (3) B. Class Roster Course curriculum Certificate of Completion
All In-Service Training (Form) (1) (2) Departmentally conducted In-Service Training Received from other agencies.
ADMIN. 2.221 (3) (4) C.
PAGE 2 OF 2 Course Curriculum of all training/length/content. Certification of Instructors (with expiration date)
Records of all training activities, the sponsoring agency(s) if other than this Department which will include; (1) (2) (3) (4) Course/Title Description. Sponsoring Agency and location Course curriculum Lesson plan
NOTE: Agencies that have not maintained lesson plans on file have lost recent court cases. The lesson plans must be maintained indefinitely.
CHAPTER 1
PERSONNEL
CHAPTER 10
MISCELLANEOUS
CHAPTER 2
SICK / INJURED
CHAPTER 3
UNIFORMS / EQUIPMENT
CHAPTER 4
DISCIPLINARY PROCEDURES
CHAPTER 5
CHAPTER 6
INTRA DEPARTMENT COMMUNICATIONS
CHAPTER 7
MEDIA / INFORMATION
CHAPTER 8
PURCHASING
CHAPTER 9
DEPARTMENT PROPERTY
Administrative Guide Index

A Absence Control Proc. 2.023 E Equipment, See also.uniforms, Evaluations, F Fingerprints/Photographs Proc.2.092 Firearms Policy Proc. 2.044 Firearms Range Proc. 2.162 Fiscal Management Proc. 2.141 Forms abc investigation, Proc. 2. sick, Proc. 2.020 see alsocomp./overtime Proc.2.005 G Grievance Procedure, Grooming Gym, Proc. 2.091 Proc. 2.061 Proc. 2.091 Proc. 2.102 Proc. 2.005 Proc. 2.008 H Headquarters visitor security, Honor Award Applications, Decorations, Handgun Policy I Information Release of police, Injured on duty, Investigation on/off duty, process, responsibility, Inspection of Department Lockers, Proc. 2.065 Proc. 2.047 Proc. 2.163 Proc. 2.041 Proc. 2.040 Proc. 2.002
C CIU Dark Room Procedure Civilian Complaints, Crime Scene Procedure Communications Tapes, Compensatory / Overtime, Confidential Informant
Proc. 2.165 Proc. 2.060 Proc. 2.042 Proc. 2.044
D Department Property damage to, Proc. 2160 separation from service, Proc. 2.160 Department Vehicles parking violations, Proc. 2.164 Discipline command discipline, Proc. 2.063 discipline procedure, Proc. 2.062 dole test, Proc. 2.064 see alsocivilian complaints Proc. 2.061 see also.. performance evaluation, Proc. 2.020 Decorations, Proc. 2.042
Proc.2.121 Proc. 2.022 Proc. 2.082 Proc. 2.080 Proc. 2.081 Proc. 2.048
M Memorandum Book format, safeguarding, N Non-Lethal weapons O Off duty employment Organized Crime / Vice Overtime / Compensatory P Performance Evaluations, Personal Data, Personal Days, Photographs / Fingerprints Promotions Property, Damage to, Property Management Protocol / Deceased P.O.S, Pregnancy Related Guidelines R Recruitment, Reports abc investigation, crime/mv-61 incident mv-61a, supervisors mv-93, supplementary mv-61b, see also..sick forms, Proc. 2.001 Proc. 2.002 Proc. 2.000 Proc. 2.004 Proc. 2.092 Proc. 2.007 Proc. 2.160 Proc. 2.166 Proc. 2.180 Proc. 2.024 Proc. 2.006 Proc. 2.090 Proc. 2.005 Proc. 2.043
S Sick Proc. 2.045 Proc. 2.046 chronic absence, forms, leave procedure, see also injured on duty, Solvability Factors, Supplies / Equipment purchase / requesting T Telephone logging calls, Telephones answering, Training records specialized U Uniforms, See alsoequipment,
V
Proc. 2.023 Proc. 2.020 Proc. 2.021 Proc. 2.021 Proc. 2.083 Proc. 2.140
Proc. 2.101 Proc. 2.100 Proc. 2.221 Proc. 2.220
Proc. 2.040 Proc. 2.041
Vacation, Vice / Organized Crime

W
Proc. 2.003 Proc. 2.090
Proc. 2.088 Proc. 2.084 Proc. 2.085 Proc. 2.087 Proc. 2.086 Proc. 2.020
Weapons, Safeguarding Department Proc. 2.049
TABLE OF CONTENTS
CHAPTER I PERSONNEL
MEMBERS PERSONAL DATA..Proc. 2.000 RECRUITMENTProc. 2.001 PERFORMANCE EVALUATIONS.Proc.2.002 VACATION ASSIGNMENTS ..Proc. 2.003 PERSONAL LEAVE DAYS ..Proc. 2.004 COMPENSATORY / OVERTIME PROCEDURES...Proc. 2.005 OFF DUTY EMPLOYMENT.Proc.2.006
CHAPTER II SICK / INJURED

SICK LEAVE FORMS..Proc. 2.020 SICK LEAVE PROCEDURES.Proc. 2.021 INJURIES SUSTAINED ON DUTYProc. 2.022 CHRONIC ABSENCE CONTROL.Proc. 2.023
CHAPTER III UNIFORMS / EQUIPMENT

REQUIRED UNIFORMS.Proc. 2.040 REQUIRED EQUIPMENT..Proc. 2.041 AUTHORIZED DECORATIONS...Proc. 2.042 AUTHORIZED NON LETHAL WEAPONS.Proc. 2.043 FIREARMS POLICYProc. 2.044 MEMORANDUM BOOK.Proc. 2.045 MEMORANDUM BOOKS, SAFEGUARDINGProc. 2.046 GROOMING..Proc. 2.047 LOCKERS, INSPECTIONS.Proc. 2.048 DEPARTMENT WEAPONS, SAFEGUARDING..Proc. 2.049
CHAPTER IV DISCIPLINARY PROCEDURES

HONOR AWARD APPLICATIONS..Proc. 2.060 CIVILIAN COMPLAINTS..Proc. 2.061 DISCIPLINARY PROCEDURE. Proc. 2.062 ADMINISTRATION OF DOLE TESTProc. 2.064 GRIEVANCE PROCEDUREProc. 2.065
CHAPTER V INVESTIGATION PROCESS

INVESTIGATION PROCESS..Proc. 2.080 INVESTIGATION RESPONSIBILITY.. Proc. 2.081 ON / OFF DUTY INVESTIGATIONProc. 2.082 SOLVABILITY FACTORS.. Proc. 2.083 CRIME REPORT (MV-61)Proc. 2.084 INCIDENT REPORT (MV-61A)..Proc. 2.085 SUPPLEMENTARY REPORT (MV-61B)..Proc. 2.086 SUPERVISORS REPORT (MV-93).Proc. 2.087 ALCOHOLIC BEVERAGE CONTROL FORMProc. 2.088
CHAPTER VI INTRA DEPARTMENT COMMUNICATIONS

ANSWERING DEPARTMENT TELEPHONES...Proc. 2.100 LOGGING OF TELEPHONE CALLS...Proc. 2.101 COMMUNICATIONS TAPES.Proc. 2.102
CHAPTER VII MEDIA / INFORMATION

RELEASE OF INFORMATION REGARDING POLICE ACTIVITY..Proc. 2.121
CHAPTER VIII PURCHASING

REQUESTING / PURCHASING SUPPLIES / EQUIPMENT.Proc. 2.140
CHAPTER IX DEPARTMENT PROPERTY

DAMAGE / POLICE DEPARTMENT PROPERTY.Proc. 2.160 DEPT. PROPERTY SEPARATION FROM SERVICE....Proc. 2.161 DEPARTMENT FIREARMS RANGE....Proc. 2.162 HEADQUARTERS GYM..Proc. 2.163 PARK. VIOLATIONS ISSUED TO DEPT. VEHICLES..Proc. 2.164 HEADQUARTERS, VISITORS SECURITY..Proc. 2.165
CHAPTER X MISCELLANEOUS
PROTOCOL FOR DECEASED POLICE OFFICERS.Proc.2.180
OPERATIONAL PROCEDURES
Procedure No. 3.001
PHYSICAL / DEADLY PHYSICAL FORCE

SUBJECT: PHYSICAL / DEADLY PHYSICAL FORCE

POLICY: USE OF PYSICAL FORCE In a complex urban society, officers are confronted daily with situations where control must be exercised to effect arrest and to protect the public safety. Control may be achieved through advice, warnings and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless all other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers are permitted by New York State Penal Law Section 35.00 to use whatever force that is reasonable and necessary to protect others and themselves from bodily harm. Officers should bear in mind that Article 35 of the Penal Law only authorizes use of physical force / deadly physical force, it does not command its use. POLICY: USE OF DEADLY PHYSICAL FORCE: These guidelines have been prepared to establish a policy governing the use of deadly force for the Mount Vernon Police Department. In addition these guidelines incorporate the U.S. Supreme Court ruling that deadly physical force may not be used to affect the arrest of an unarmed, non-dangerous, fleeing felon. Accordingly, Article 35 of the Penal Law, with respect to the use of deadly physical force by police officers, to affect arrests or prevent escapes shall be interpreted in accordance with the restrictions imposed by the U.S. Constitution and in accordance with the following department guidelines: 1. In all cases, only the minimum amount of force will be used which is consistent with the accomplishment of a mission. The firearm shall be viewed as a defensive weapon, not a tool of apprehension. Every other reasonable alternative means will be utilized before a police officer resorts to the use of his/her firearm. Deadly physical force shall not be used to affect the arrest of a fleeing felon unless the officer has probable cause to believe that: A. Deadly physical force was used or threatened by the perpetrator and the perpetrator has the means to carry out that threat, OR A. The perpetrator caused serious physical injury, OR B. The perpetrator is armed with a deadly weapon.
2. 3.
4.
PROCEDURE NO. 3.001
PAGE 2 OF 2
In addition, Department policy would prohibit the use of deadly physical force unless ALL of the following factors are present: C. The police officer must have probable cause based upon knowledge of the crime involved and the surrounding circumstances, AND A. The police officer has probable cause to believe the fleeing felon poses an immediate threat of serious physical injury to the officer, or has probable cause to believe that failure to apprehend the fleeing felon posses a threat of serious physical injury to others, AND Reasonable means to apprehend the perpetrator, other than by deadly physical force.
B. 5.
Deadly physical force shall not be used to effect an arrest or prevent or terminate a felony unless the officer has probable cause to believe that the victim may be killed or seriously injured and there is no other reasonable means to effect the arrest or prevent or terminate the felony other that by deadly physical force. A police officer may use deadly physical force upon another person when he reasonably believes that such other person is using or about to use deadly physical force against the officer or a third person.
6.
NOTE: Where feasible, and consistent with personal safety, some warning (other than a warning shot) must be given. 7. 8. The firing of warning shots is prohibited. Discharging a firearm to summon assistance is prohibited, except where someones safety is endangered. Discharging a firearm from or at a moving vehicle is prohibited, unless the occupants of the other vehicle are using deadly physical force against the officer or another BY MEANS OTHER THAN THE VEHICLE. The discharging of a firearm at dogs or other animals should be an action employed ONLY when no other means to bring the animal under control exist. To kill an animal so badly injured that humanity requires that it be removed from further suffering, this procedure will be used ONLY with the permission of the senior supervisor on patrol at that time. All attempts to find the owner or transport to an animal hospital along with all other animal control procedures will be utilized first.
9.
10.
AVOIDANCE OF RECKLESSNESS SHOULD BE CONSIDERED IN ANY SITUATION INVOLVING DEADLY PHYSICAL FORCE. EVEN A CASE WHERE DEADLY PHYSICAL FORCE IS BOTH AUTHORIZED BY LAW AND REASONABLE UNDER THE CIRCUMSTANCES, THE OFFICER MUST CONSIDER THE SAFETY OF INNOCENT BYSTANDERS (i.e.. FIRING IN A CROWDED STREET). THE FACT THAT AN OFFICER IS LEGALLY JUSTIFIED USING DEADLY PHYSICAL FORCE DOES NOT CONSTITUTE A LICENSE FOR RECKLESS CONDUCT BY THE POLICE OFFICER AND SUCH OFFICER MAY BE HELD CRIMINALLY AND/OR CIVILLY LIABLE.
NON DEADLY FORCE

SUBJECT:
NON DEADLY FORCE
PURPOSE: The purpose of this order is to establish Standard Operating Procedures and reporting requirements for use of non-deadly force by police officers. This procedure is intended to apply to the use of force for purposes of overcoming resistance to arrest or for defense against physical assault. POLICY: A police officer, in the course of effecting or attempting to affect an arrest, or attempting to prevent the escape from custody of a person whom he reasonably believes such to be necessary to effect the arrest, or to prevent the escape from custody, or to defend himself, or a third person from what he reasonably believes to be the imminent use of physical force. Prior to engaging in non-deadly force with a person, the officer should, in the initial stages of the confrontation, attempt to resolve the matter by use of verbal persuasion. If the situation escalates further officers should limit their response to what is necessary to accomplish their lawful objectives. This would include verbalizing at a safe distance until reinforcements or specialists could arrive on the scene if at all possible. In any event, officers should use discretion when using non-deadly force and adhere to the escalation of force table on page 2 when circumstances necessitate the use of force. DEFINITIONS: NON-DEADLY FORCE - necessary force that is not likely to cause death. Types of non-deadly force; A. RESTRAINING FORCE use of force, which is limited to holding and restraining a person. PHYSICAL FORCE - the necessary application of submission holds to overcome resistance. DEFENSE FORCE the necessary infliction of physical battery to overcome violent resistance or to protect self or others from assault or injury.
B.
C.
PROCEDURE NO. 3.002-2 ESCALATION OF FORCE TABLE: VERBALIZATION -
Page 2 OF 4
that verbal persuasion used by the officer in an attempt to defuse the situation or inform a suspect that he is under arrest. those techniques an officer feels necessary to use to effect Take Down and Control Holds by using his hands, Baton, Billy, Slapper, and/or handcuffs and those appropriate weapons as described in this manual under SPECIAL WEAPONS. the punching, kicking, etc. an officer may resort to in accomplishing lawful objectives.
RESTRAINT TECHNIQUES -
PERSONAL WEAPONS -
IMPACT WEAPONS -
the Baton, Billy, Slapper and those appropriate weapons as described in this manual under SPECIAL WEAPONS. the ultimate use of force when the officer is compelled to his sidearm or shotgun.
FIREARMS -
PROCEDURE: 1. Any member using Physical Force or Defensive Force pursuant to their duties as a police officer (whether on or off duty) shall report or cause to be reported all facts relative to the incident on a Use of Deadly/Physical Force report Form (MV-95). A. Reporting Restraining Force will be left to the discretion of arresting officer(s) supervisors(s).
2. Only issued or approved equipment will be carried on duty and used when applying any level of Non-Deadly Force, except in emergency situations when an officer must use any resource at their disposal. The use of the baton/billy/slapper and those appropriate weapons as described in this manual under SPECIAL WEAPONS are considered a use of force and as such, necessary reports must be completed. The Police Baton and Department authorized billy/slapper and those appropriate weapons as described in this manual under SPECIAL WEAPONS, are the only non-lethal weapons authorized by the Department for use by Members. 3. Use of restraining devices is mandatory on all prisoners, unless in the members judgment unusual circumstances exit which make the use of restraining devices impossible or unnecessary (e.g. prisoner is very elderly or handicapped etc.) The mere placing of handcuffs become an appliance to exert force necessary to further subdue a prisoner or where the suspect physically resists the application of handcuffs, a use of Physical Force has occurred, and the necessary reports must be completed.
PROCEDURE NO. 3.002-2 4.
Page 3 OF 4
After any level of Non-Deadly Force is used, a member shall immediately evaluate the need for medical attention or treatment for that person upon whom the force was used and arrange for such treatment when: A. B. That person has a visible injury. Person complains of injury or discomfort, or requests medical attention (1) Persons having visible injuries, complaining of injury or discomfort and refuses medical treatment must still be transported to a hospital where the refusal will be witnessed by a hospital personnel and noted on MV-95
5.
The member shall notify their immediate supervisor of the incident. In case of off duty incidents, the member shall notify (in person or via phone) the on duty tour commander as soon as possible, and the local authority, (if necessary) if the incident occurred in another jurisdiction. The member shall attempt to locate and identify any witnesses, documenting their statements. The member shall prepare and submit their reports required by current directives. If more than one (1) member is involved in a Use of Force incident, each Member shall complete an New York State Supplement Report (DCJS-3206) outlining their actions and observations in the incident. All copies of the report(s) will then be forwarded together, along with other applicable reports to the Patrol Supervisor for approval. The Supervisor shall insure that members receive any necessary assistance, including medical treatment. He shall also insure that any injury to members are properly documented. The supervisor shall insure that medical treatment for the defendant is evaluated per paragraph 4, page 3. If an injury or complaint of pain exists, supervisors are encouraged to obtain photographs. A. A photograph showing no injury may be as important as one which shows injury.
6. 7.
8.
9.
10.
11.
If determined that Restraining Force was used by subordinate personnel, the supervisor shall investigate the incident. When use of Restraining Force has been made necessary by resistance without violence, and when there are not significant injuries, reports of the use of restraining force shall not be mandatory. The arrest incident and resisting arrest charges shall be left to discretion of the arresting officer and supervisor. Upon notification of the use of Physical or Defensive Force by subordinate personnel, the supervisor shall initiate an investigation into the incident. A. B. He shall review the report(s) describing the use of force, and all relative reports. In the absence of discrepancies or additional facts, the supervisors endorsement shall briefly state that a supervisory investigation has been conducted and that the facts are as reported in the official incident report, and Use of Deadly/Physical Force Report.
12.
PROCEDURE NO. 3.001-2 C.
Page 4 OF 4
When the supervisor memo and pertinent reports cannot be routed through the Chain of Command immediately, the supervisor memo and pertinent reports will be routed directly to the Chief of Police and the incident shall be verbally reported through the Chain of Command at first opportunity. The supervisory endorsement shall be captioned with the type of force used (Restraining, Physical or Defensive).
D.
13.
The Squad/Unit Commander shall be responsible for the following: A. Shall insure that a thorough investigation was conducted and that all reports were prepared and submitted. Endorse the report including any comments he may have regarding the incident, and how it was handled. The Use of Deadly/Physical Force Report, and a copy of the incident report shall be forwarded to the Chief of Police through the Chain of Command without delay.
B.
C.
Procedure No. 3.003
FORM MV-95 FIREARM DISCHARGE / ASSAULT FORM

SUBJECT:
FORM MV-95 FIREARM DISCHARGE / ASSAULT FORM
PURPOSE: To record and evaluate the discharge of firearms by police officers, assaults on police officers and the use of force by police officers on civilians. PROCEDURE: When a member discharges a firearm (other than authorized target practice, training practice, training sessions or hunting) or is assaulted, or uses force on an individual which, requires the need for professional medical attention, the following procedures will be followed.
FIREARMS DISCHARGE SUPERVISOR: 1. The Street Supervisor shall respond to the scene, obtain the following information and enter same in the Supervisors Report (MV-93). A. B. C. D. E. F. G. H. I. 2. All pertinent facts relating to the discharge of a firearm by a member of the Department: The make of weapon; The model of weapon; Barrel length; Caliber of weapon; Serial number of the weapon; Make of ammunition in the weapon; Number of discharged rounds of ammunition in the weapon; Number of live rounds of ammunition remaining in the weapon.
If NO INJURIES WERE CAUSED by the firearms discharge, the Street Supervisor shall: A. Order the Member of the Department to transport the identified weapon to the Westchester County Police Department Ballistics Laboratory on the next working day i.e., Monday through Friday, of the laboratory for tests. B. Ensure the Detective assigned to the case supplies the Member of the Department with a completed Ballistics Laboratory request form to be transported with the weapon.
3.
Where INJURY (S) WERE CAUSED, due to a firearms discharge by a Member of the Department the Street Supervisor shall,
PROCEDURE NO. 3.003 A.
Page 2 OF 3
Take possession of the weapon, spent shell casings, and live ammunition in the weapon. Enter the weapon, spent shell casings and live ammunition into evidence, and turn same over to the Detective assigned to the case in the chain of evidence. Order the Member of the Department to report to the Support Services Division to draw a Department Weapon if the Member of the Department does not have a second weapon suitable for on duty status.
B.
C.
DETECTIVE DIVISION: 4. Detective assigned to the case in which a Member of the Department discharged a firearm shall: A. B. C. D. E. F. G. H. I. 5. Obtain and enter in the case report all pertinent facts. The make of weapon; The model of weapon; Barrel length; Caliber of weapon; Serial number of the weapon; Make of ammunition in the weapon; Number of discharged rounds of ammunition in the weapon; Number of live rounds of ammunition remaining in the weapon.
If NO INJURY (S) WERE CAUSED by the firearms discharge, issue the Member of the force a completed Ballistics Laboratory request form to be transported with the weapon to the Westchester County Police Department Ballistics Laboratory. Where INJURY (S) WERE CAUSED, due to a firearms discharge by a Member of the Department the detective assigned to the case shall: A. Obtain the weapon, spent shell casings, and live ammunition remaining in the weapon from the Street Supervisor after it has been entered into evidence by the Street Supervisor and document the evidence chain. Fill out and issue to the Member of the Department who discharged the weapon a Property receipt from the Detective Division Property Receipt Book for the items entered into evidence. Transport weapon, shell casings, and live ammunition remaining in the weapon to the Westchester County Police Department Ballistics Laboratory on the next working day i.e., Monday through Friday, of the Laboratory for testing.
6.
B.
C.
DESK OFFICER: 7. When a Member of the Department discharges a firearm the Desk Officer shall: A. B. C. Require the Street Supervisor to respond to the scene. Enter a synopsis of the facts in the Day Book. When a member discharges his/her firearm, on or off duty, notification will be made to the:
PROCEDURE NO. 3.003 (1) (2) (3) (4) (5) D. Commanding Officer, Detective Division Members Commanding Officer Chief Deputy Commissioner Commissioner
Page 3 OF 3
Have the member who initiated the investigation complete MV-95 Firearms Discharge / Assault / Injury Report. (1) If member is incapacitated, the Patrol Supervisor shall complete form MV95. Review and insure that all necessary information is included.
(2)
COMMISSIONER: 8. Whenever a Member of the Department is involved in an incident whereby deadly force was necessitated or a member accidentally discharges his/her weapon, whether on or off duty, the member involved shall be assigned to modified duty pending the results of an inquiry. Upon review of the findings, the Commissioner of Public Safety shall make a determination whether to suspend the member or not.
9.
USE OF FORCE BY A MEMBER / ASSAULT UPON A MEMBER ALL MEMBERS: 10. When a member is assaulted, or uses force on an individual follow procedure outlined in Department Procedure Use of Non Deadly Force, Procedure No. 3.002.
SPECIAL WEAPONS
SUBJECT:
PURPOSE:
SHOTGUN / SPECIAL WEAPONS PROCEDURES
To establish procedures governing the use of shotguns/special weapons by Department personnel. POLICY: In accordance with procedures outlined herein shotguns may be issued, carried, or used by Members of the Department as follows; Shotguns will be routinely carried in the Emergency Truck. Squad Commanders have the option of assigning Emergency Service Unit (ESU) personnel shotguns when they work RMPs. Periodically shotguns may be issued by supervisory personnel to Detectives and Patrol Officers in connection with specific assignments such as stakeouts, raid details and barricade subject situations where a credible threat to human life exists. Supervisors will, however, ensure that only the minimum number of shotguns necessary are used in any particular incident. Because of the lethal potential, wide shot dispersion pattern, severe shock and psychological effect, and safety hazard, the carrying and use of the shotgun by Members of the Department must be carefully controlled and monitored at all levels. In accordance with this order, special weapons, including but not limited to, SMG-9, Sniper Rifle, may be issued to trained personnel, with the permission of the Chief of Police or in his absence, the ranking officer on call. These weapons will be maintained in the Department Armory by the Training Unit until such time as their deployment is deemed necessary. All Departmental Policies governing the use of force and the discharge of firearms will similarly apply to the use of shotguns/special weapons. Only departmentally issued shotguns/special weapons and ammunition will be used. PROCEDURES: The use of shotguns by Department personnel will be limited by the following guidelines. 1. The Member has received training in and is currently certified by the Training Unit of the Support Services Division, in the use of Department shotguns; and When a barricaded criminal, hostage taker, or emotionally disturbed person possesses a firearm or the member has reason to believe that person possesses a firearm (however a shotgun will not be utilized to restrain an emotionally disturbed person unless said instance exist); or When a hostage taker is armed with a weapon and is threatening the life of a hostage and deadly physical force may become necessary to protect the life of the hostage; or
2.
3.
Page 2 OF 4
4.
When conducting searches for an armed suspect or when the member has reason to believe that, that person possesses a weapon (this section shall include the execution of warrants); or When responding to the report of a crime in progress and the suspect is armed with a weapon or the member has reason to believe that, that person is armed with a weapon; or When a spontaneous incident takes place, which requires immediate action to prevent serious bodily injury or death. Shotguns may also be removed from the vehicles by trained personnel, for cleaning, repairs, and firearms qualifications at the range.
5.
6.
7.
NOTE: Shotguns should not unnecessarily be displayed. There use should be limited to those instances where the Member would ordinarily carry his firearm in his hand for the purpose of safety and the tactical situation indicates that the use of the shotgun clearly outweighs the use of a handgun. The actual use of a shotgun should only be in a situation where circumstances spell out a potential case of justifiable deadly physical force. The actual use of shotguns should be a last resort after all other means have been exhausted. A shot gun is to be utilized by trained personnel for his own protection and will only be actually used in the defense of his own life, another members life, or the life of an innocent civilian. The shotgun should not be utilized if the lives of innocent people will be endangered. 8. Carrying in Cars: A. When not in use shotguns will be locked in a rack mount or in the trunk of any vehicle not equipped with such brackets. NO ROUND SHALL BE IN THE CHAMBER OF THE WEAPON. In any unit not equipped with a shotgun rack mount, the weapon shall be housed in protective case locked in the trunk. As soon as the need for the shotgun no longer exists, the chamber will be emptied and the weapon will immediately be locked in the vehicle.
B.
9.
Storage and Deployment: A Six (6) shotguns shall be secured, in a rack under lock and key, at the Main Desk, under the control of the Desk officer. Only Two (2) shotguns will be assigned to Uniform Patrol Personnel per tour. Additional shotguns may be issued to Detectives when authorized by a Detective Supervisor or when the Duty Officer (Captain or above) gives authorization for the deployment of shotguns for special assignments. All shotguns will be issued at the start of an assignment and retained immediately upon completion of that assignment, whether it is a routine assignment for Patrol Duty or Special Assignment. A log will be kept at the Main Desk and used to record each issuance of Department shotgun. The log will detail the following: (1) Serial number of the shotgun.
B. C.
D.
E.
PROCEDURE NO. 3.022-1 (2) (3) (4) (5)
Page 3 OF 4 Name and shield number of the Officer the weapon was issued to. Time and date shotgun issued. Time and date shotgun returned. Signature of issuing officer.
10.
Safety: A. Officers must use extreme caution when handling a shotgun. Supervisory personnel shall be alert to and correct any careless handling of these weapons. In addition to the safety precautions stressed in training, the following will be observed: (1) The weapon will not be loaded and shall be carried with the action open, safety on, while inside Police Headquarters. Except when actually firing the weapon or confronting an armed suspect the shotgun shall be carried with the muzzle pointing UPWARD. While in a Department vehicle, except when the shotgun is being made ready for use, it shall remain in the rack with the chamber empty, action closed and safety on. At the beginning of each tour of duty, officer(s) shall inspect the weapon(s) assigned to them. Any discrepancy relating to such firearm will be brought to the attention of the Desk Officer for immediate investigation and appropriate report. Any weapon found to be in an unsafe condition or in need of repair will be immediately removed from service.
B.
(2)
(3)
(4)
(5)
C.
At no time will an officer with a shotgun equipped unit allow keys to remain in the vehicle when it is left unattended.
11.
Maintenance: A. Shotguns will be cleaned and inspected weekly by trained personnel. The Squad Commander working the 2400 to 0800 tour on Mondays will assign ESU personnel to clean and inspect all shotguns secured at the Main Desk. B. A Department Armor will inspect all shotguns secured at the Main Desk for serviceability on a monthly basis. The status of each weapon will be noted in a log kept for that purpose by the Department Armor.
1.
Reporting: A. Except as specifically authorized herein, another display of a shotgun shall be reported in writing to the Commissioner of Police through channels.
PROCEDURE NO. 3.022-1 B.
Page 4 OF 4
At each level of supervisory review, the justification for shotgun use shall be checked against this order. If justification is not sufficient, a disciplinary process shall be initiated. In incidents where several weapons were improperly removed from the cars to handle one (1) occurrence, the supervisor will make one (1) report concerning the entire incident, including the names of officer involved.
C.
Procedure No. 3.023
SPECIAL WEAPONS
Page 1 OF 2 Revised
SUBJECT:
OPERATIONAL PROCEDURE FOR THE USE OF KINECTIC ENERGY IMPACT PROJECTILES
POLICY: Kinetic Energy Impact Projectiles, may be used by Patrol Supervisors or Members of the Service assigned to the Emergency Service Unit to restrain persons who are emotionally disturbed (EDPs) due to mental disease or as a result of the use of mind-altering drugs and who are evincing violent or abnormal behavior that might result in physical injury to themselves or to others (see Operation Procedure number 3.141). Additionally, these projectiles may be utilized to assist in the handling of any other potentially violent person. Kinetic Energy Impact Projectiles shall only be used while performing official duty. Usage must meet the minimum requirements / Justification of Article 35 of the New York State Penal Law. DEFINITION: Kinetic Energy Impact Projectiles are defined as flexible or non-flexible projectiles, which are intended to incapacitate a subject with a minimal potential for causing death or serious physical injury, when compared with conventional projectiles. PROCEDURE: Only MOS who are trained, re-certified annually, and subsequently authorized by this Department are authorized to utilize Kinetic Energy Impact Projectiles. The same will not ordinarily be used until sufficient trained personnel are present to insure containment and the safety of everyone involved. Upon arrival at the scene of an incident where it has been determined that the conditions of Operational Procedure number 3.141 apply and/or a potentially violent persons needs to be controlled, members will comply with the requirements of all applicable policies and procedures and formulate plans for review by an E.S.U. Supervisor or Patrol Supervisor. They shall ascertain whether conditions lend themselves to deployment and use of Kinetic Energy Impact Projectiles. Note: Ordinarily, these projectiles will not be used without the approval of an E.S.U. Supervisor or Patrol Supervisor. If, however, the situation does come under the provisions of Operational Procedure number 3.141 and/or emergency action is required, E.S.U. personnel are authorized to use the Projectiles, in conformance with these guidelines, without the
PROCEDURE NO. 3.023
PAGE 2 OF 2
presence of an E.S.U. Supervisor or Patrol Supervisor. The E.S.U. Supervisor or Patrol Supervisor should be informed as soon as possible. When a person is struck by a Kinetic Energy Impact Projectile, he or she will be transported to a hospital for an examination by a physician. The member who utilized the Kinetic Energy Impact Projectile will prepare a Firearms Discharge / Assault / Injury Report, MV-95, along with all other usual reports. The report shall be signed by the E.S.U. Supervisor or Patrol Supervisor in charge of the scene, if available. The Supervisor present or investigating Supervisor will prepare a Supervisors Endorsement and an Unusual Occurrence Report. The Desk Officer will make a Day Book entry and a notation on the Operations Log. Additional Cautions: A. Kinetic Energy Impact Projectiles are additional tools to be considered when faced with the prospect of taking an emotionally disturbed person into custody. They are not meant to replace any other restraining or safety equipment but rather to augment them. Kinetic Energy Impact Projectiles are instruments of restraint. As with other devices and procedures, only the minimum amount of force necessary to immobilize a subject and accomplish the police mission will be used. As all Kinetic Energy Impact Projectiles in use by this Department are deployed from firearms, such as the 12 gauge shotgun and the 37 mm cartridge launcher, all applicable Department Manual sections regarding the safe use and handling of firearms will be observed. Furthermore, whenever possible, 12 gauge Kinetic Energy Impact Rounds will be fired only from a designated shotgun. Ordinarily only 12 gauge Kinetic Energy Impact Rounds will be fired from a designated shotgun. 12 gauge Kinetic energy Impact Rounds will be individually and visually checked prior to loading, chambering, and firing same.
B.
C.
Procedure No. 3.024
SPECIAL WEAPONS
Page 1 OF 2 Revised
SUBJECT:
OPERATIONAL PROCEDURE FOR THE USE OF FLASH / SOUND DIVERSIONARY DEVICES.
PURPOSE: The use of Flash / Sound Diversionary Devices, also, more commonly known as flashbangs may be considered whenever the use of a less lethal diversion would facilitate the police mission, and ultimately saves lives. These devices may be deployed to reduce the risk of injury, facilitate entry, and enable arrest. POLICY: Only MOS who have been trained in the use of Flash / Sound Diversionary Devices (who are to be re-certified annually), and subsequently authorized by this Department, are authorized to deploy diversionary devices during actual operations. Because of the specialized nature of these devices and the training required to safely and properly deploy same, their use shall be restricted to trained MOS assigned to the Emergency Service Unit. Flash / Sound Diversionary Devices shall not be deployed without prior authorization of the Chief of Police or the Commanding Officer of the Patrol Division or the Unit Commander of the Emergency Service Unit. PROCEDURE: Flash / Sound Diversionary devices may be considered whenever the use of a less lethal diversion would: 1. Assist in resolving a barricaded suspect or hostage situation; 2. Facilitate entry during high risk warrant service; 3. Distract a violent emotionally disturbed person or someone under the influence of alcohol or drugs, and the device would facilitate taking that person into custody; 4. Any other situation where the person authorizing the device deems the use of a Flash / Sound Diversionary Device necessary to safely resolve the situation.
Prior to deploying a Flash / Sound Diversionary Device, all available intelligence and circumstances will be analyzed in order to determine the safest way and place to deploy the device. Whenever possible the device shall be deployed in an area visible to the deploying MOS. MOS deploying Flash / Sound Diversionary Devices shall utilize proper personal protection equipment and a portable fire extinguisher shall be readily accessible whenever said devices are used.
PROCEDURE NO. 2.024
PAGE 2 OF 2
A record shall be kept of all Flash / Sound Diversionary Devices utilized by the Department including: the serial number of the device; date of use; location of use; and reason for use (operating or training). When a Flash / Sound Distraction Device is utilized to distract a violent EDP or someone under the influence of alcohol or drugs, the MOS who deployed the device will prepare a Firearms Discharge / Assault / Injury Report (MV-95), a long with all other usual reports. The ESU Supervisor will sign the report or Patrol Supervisor will prepare a Supervisors Endorsement and an Unusual Occurrence Report. The Desk Officer will make a Day Book entry and a notation on the Operations Log.
When a Flash / Sound Diversionary Device is deployed solely as a distraction, and not directed at an EDP or person under the influence, the MOS who deployed the device will generate a Supplementary Report to the Detective Case or Reporting Officers Original Report. Said report will indicate the circumstances regarding the deployment, serial number of the device, date of use, and reason for deployment, as well as any other pertinent information.
Procedure No. 3.025
SPECIAL WEAPONS
Page 1 OF 2 Revised
SUBJECT:
OPERATIONAL PROCEDURE FOR THE USE OF THE ELECTRIC STUN DEVICE, AIR TASER
POLICY: The electronic stun device, Air Taser, may bee used by Patrol Supervisors or Members of the Service assigned to the Emergency Service Unit to restrain persons who are emotionally disturbed (EDPs) due to mental disease or as a result of the use of mind altering drugs and who are evincing violent or abnormal behavior that result in physical injury to themselves or to others (see Operational Procedure number 3.141). The electronic stun device shall only be used while performing official duty. Usage must meet the minimum requirements / Justification of Article 35 of the New York State Penal Law. PROCEDURE: Only Members of the Service who are trained and certified by this Department are authorized to operate the electronic stun device. The device will not ordinarily be used until sufficient trained personnel are present to insure containment and the safety of everyone involved. Upon arrival at the scene of an incident where it has been determined that the conditions of Operational Procedure number 3.141 apply, members will comply with the requirements of that order and formulate plans for review by an E.S.U. Supervisor or Patrol Supervisor. They shall ascertain whether conditions lend themselves to deployment and use of an electronic stun device. Note: Ordinarily, the electronic stun device will not be used without the approval of an E.S.U. Supervisor or Patrol Supervisor. If, however, the situation does come under the provisions of Operational Procedure number 3.141 and emergency action is required, E.S.U. personnel are authorized to use an electronic stun device, in conformance with these guidelines, without the presence of an E.S.U. Supervisor or Patrol Supervisor. The E.S.U. Supervisor or Patrol Supervisor should be informed as soon as possible. When a person is hit by the darts of an Air Taser or is immobilized through the use of the stun portion of the electronic stun device, that person will be removed to a hospital for an examination by a physician. The darts will be left in place so that the physician can remove them and examine the area of the body affected. This can be accomplished by removing the cassette from The Air Taser and cutting the wires attached to the Air Taser for reuse. Where the darts have penetrated the skin, they will be removed only under the supervision of a physician. Where the stun of the Air Taser has been used, the areas contacted will be pointed out to the physician with a request to examine the entire body.
PROCEDURE NO. 3.025
PAGE 2 OF 3
When an Air Taser is used and the subject is struck, the used cassette and darts will be recovered and vouched into evidence. All other expended cassettes and darts will be retrieved, vouched separately and delivered into evidence. An MV-5 shall be completed indicating the date and time of use, the incident number, the person on whom the Taser was used and the serial number of the cartridge(s) used. The completed MV-5 shall be forwarded to the Training Unit and a new cartridge(s) shall be issued. The member who utilized the electronic stun device (Air Taser or stun capacity) will prepare firearms Discharge / Assault / Injury Report, form MV-95, along with all other usual reports. The report shall be signed by the E.S.U. Supervisor or Patrol Supervisor present or investigating Supervisor will prepare a Supervisors Endorsement and an Unusual Occurrence Report. The Desk Officer will make a Day Book entry and a notation on the Operations Log. Note: An Electronic Stun Device, particularly the Air Taser unit, is to be handled and treated as a loaded firearm The following tactics shall be employed by members of the service utilizing the electronic stun devices: a. Electronic stun devices that have been tested and found to be operable will be utilized. Conditions and circumstances will dictate whether one or two devices will be used. The E.S.U. Supervisor or Patrol Supervisor will designate a primary and secondary operator (if applicable). When the decision is made to move in on the subject, the electronic stun device operator will make the approach behind other members equipped with safety and restraining equipment. The Air Taser operator will not approach the subject alone. Care will be taken not to aim at the subjects head. The trunk of the body or the back of the trunk is the preferred target area for the devices. With the Air Taser, if both darts do not come into contact with the subject, the operator will fire a second cassette. If proper contact is made, the Air Taser trigger bar will be kept pressed until the subject is immobilized. If available, the secondary operator will be nearby to utilize a second Air Taser should the first fail or cannot be reloaded for any reason. The electronic stun devices can also be utilized in conjunction with other restraining equipment. An electric stun device operator will not assist in putting restraints on the subject, but will continue to control the stun device if additional applications should become necessary. Once the subject is controlled, any cassettes which have not been fired are to be removed from the AIR Taser and placed back into the storage case.
b.
c.
d.
e.
The electronic stun device will be carried in a designated E.S.U. vehicle and a designated Supervisors vehicle. They will be maintained in their cases unloaded and may be stored in either the glove box, trunk or storage compartment.
PROCEDURE NO. 3.025
PAGE 2 OF 3
The electronic stun device will be briefly tested at the beginning of each tour and before using them on a subject. Care will be taken when testing the electronic stun device, Air Taser, that there are no cassettes chambers or across the contacts. Report and secure replacement when devices are found to be defective. Additional Cautions: A. The electronic stun devices are additional tools to be considered when faced with the prospect of taking an emotionally disturbed person into custody. They are not meant to replace any other restraining or safety equipment but rather to augment them. The electronic stun devices are instruments of restraint. As with other devices and procedures, only the minimum amount of force necessary to immobilize a subject and accomplish the police mission will be used.
B.
Procedure No. 3.026
FRANGIBLE BREACHING ROUNDS

Page 1 OF 1 Revised
SUBJECT: FRANGIBLE BREACHING ROUNDS POLICY: Frangible Breaching Rounds may be considered by MOS assigned to the Emergency Service Unit whenever their use could facilitate the police mission and save lives these rounds may be deployed to reduce the risk injury, facilitate entry, and enable arrest. Their use is restricted to trained and authorized MOS assigned to the Emergency Service Unit. Frangible Breaching Rounds will not be deployed without prior authorization of the Chief of Police or the Commanding Officer of the Patrol Division or the Unit Commander of the Emergency Service Unit. DEFINITION: Frangible Breaching Rounds are ceramic-like materials that are shot from a shotgun and designed to dissipate on impact. As such they can be used to defeat locking mechanisms, door hinges, ect. PROCEDURE: Circumstances in which Frangible Breaching Rounds may be considered include, but are not limited to: 1. 2. 3. Barricaded suspect and / or hostage situations, High risk warrant service. The destruction of an animal when other means may not be appropriate.
Prior to the deployment of Frangible Breaching Rounds, the deploying officer will consider all available intelligence and circumstances including the location of occupants in the area being entered. The deploying MOS will also issue a warning to persons on the other side of the door, unless this would compromise the safety of the entry team and not the safety of the occupants. Frangible Breaching Rounds will only be deployed from appropriate shotgun equipped with a standoff. The deploying officer shall utilize proper personal protection equipment. Whenever a Frangible Breaching Round is deployed operationally, the MOS deploying same will prepare a firearms Discharge / Assault / Injury Report (MV-95), as well as all other usual reports. An ESU supervisor will review and sign the report. Said supervisor will also prepare a Supervisors Endorsement as well as all other usual warranted reports.
Procedure No. 3.027
OLEORESIN CAPSICUM SPRAY (OC)

SUBJECT: POLICY:
OLEORESIN CAPSICUM SPRAY (OC)
Oleoresin Capsicum, A.K.A. OC or Pepper Spray, may be used by MOS to restrain persons who are emotionally disturbed (E.D.Ps) due to mental disease or as a result of mind altering drugs and who are evincing violent or abnormal behavior that might result in physical injury to themselves or to others (see Operational Procedure number 3.141). Additionally, Oleoresin Capsicum may be utilized to assist in the handling of any other potentially violent person. Furthermore, Oleoresin Capsicum shall not only be used while performing official duty. Usage must meet the minimum requirements / Justification of Article 35 of the New York State Penal Law. Utilization of Oleoresin Capsicum is regarded as an escalation in the use of force to a level less than that of impact weapons but greater than restraint techniques. The use of Oleoresin Capsicum is appropriate for the use with actively individuals who have resisted verbal commands, when physical control holds are warranted, or when officer injury is possible and / or anticipated. PROCEDURE: MOS will only utilize department issued and authorized Oleoresin Capsicum (hereafter referred to as OC). Only MOS who have received initial training by the department and any additional training as deemed necessary are authorized to carry and utilize OC. MOS will follow the following guidelines when utilizing OC: 1. The personal OC unit will generally be operated with the non-shooting hand. AS such it shall usually be carried on the members weak side. Personal OC is most effective when utilized in well aimed, one second bursts, directed at the center of the aggressors head from ten (10) feet or less. OC should generally not be utilized where the MOS is under attack from a person armed with firearm, knife, or other dangerous weapon. Personal units of OC should generally be utilized when there is more than one combatant. OC is generally effective against EDPs, persons under the influence of mind altering drugs (including alcohol) OC should generally not be utilized where the deploying MOS or other MOS or other MOS is in close contact with or fighting with subject.
2.
3.
4. 5.
6.
PROCEDURE NO. 3.027
PAGE 2 0F 2
7. 8. 9. 10.
OC should not be sprayed in windy conditions. Personal OC should not be spayed in confined areas, such as cars. OC should not be used around or against infants, small children, or the elderly. All subjects exposed to OC will be transported to a hospital emergency room prior to Headquarters for decontamination and medical evaluation. Area decontamination can be accomplished by airing the area out for a sufficient length of time. MOS are reminded that the effects of OC can be neutralized by flushing the exposed area with cold water and with the time. OC swallowed can be diluted with water. Lastly, MOS should be careful when handling persons, clothing, or personal effects exposed to OC. MOS utilizing OC will prepare a firearms Discharge / Assault / Injury Report (MV-95), along with all other usual reports. The report will be signed by the Supervisor on the scene, if available. The Supervisor present or investigating the incident will prepare a Supervisors Endorsement and an Unusual Occurrence Report. The Desk Officer will make a Day Book entry and a notation on the Operations Log. MOS ARE REMINDED, AS WITH ALL OTHER USE OF FORCE INCIDENTS, OC SHALL NOT BE UTILIZED WHEN A LESSER AMOUNT OF FORCE COULD BRING THE SITUATION UNDER CONTROL.
11.
12.
13.
Procedure No. 3.028
CHEMICAL AGENTS (OTHER THAN PERSONAL OLEORESIN CAPSICUM)

Page 1 OF 1 Revised
SUBJECT:
CHEMICAL AGENTS (OTHER THAN PERSONAL OLEORESIN CAPSICUM)
POLICY: Chemical agents such as Tear Gas, Mace, Oleoresin Capsicum, and Smoke can be effective methods of dealing with certain tactical situations. Their careful use can minimize the potential for serious physical injury of all parties concerned. However, their use does also carry the risk of physical injury to parties in the area as well as the potential for fire, and as such has to be carefully evaluated. PROCEDURE: If circumstances dictate the use of chemical agents operationally, the decision to deploy same will be made by the Chief of Police or his designee. Decisions concerning the tactical application of chemical agents will be made by the Commanding Officer of the Patrol Division or his Designee after consultation with the Unit Commander of the Emergency Service Unit or his designee. Prior to the deployment of a chemical agent a tactical operation plan will be prepared including but limited to: 1. 1. 2. 3. 4. 5. 6. 7. 8. Reason for use. Type of agent to be deployed Amount of agent to be used. Method of delivery. Evacuation consideration. Escape routes. Assault plan. Self protection. Decontamination and medical considerations.
Only properly trained, authorized, and equipped MOS will deploy chemical agents and remain inside areas of operation. After a chemical agent is deployed, a Firearms / Assault / Injury Report (MV-95), will be prepared as well as all usual reports by deploying MOS. The reports will be signed by the highest ranking Supervisor or his designee. The highest ranking Supervisor on the scene or his designee shall prepare a Supervisors Endorsement, an Unusual Occurrence Report, as well as any other reports warranted. The Desk Officer shall also be responsible for making all required notifications prior to and post deployment of a chemical agent.
Procedure No. 3.040
ARREST PROCEDURE
SUBJECT:
ARREST PROCEDURE
PURPOSE: To establish a procedure to be followed by all Members of the Department when processing arrest. PROCEDURE: When a Member of the Department effects an arrest, the arresting officer shall adhere to the following procedure. NOTE: For arrest involving juveniles or foreign nationals refer to established Department Procedures. MEMBER: 1. AT SCENE: A. Inform prisoner as to the reason he has been arrested unless physical resistance, flight, or other factors render such procedure impractical; Officers shall NOT use unnecessary force or violence in making an arrest or in dealing with a prisoner or any person. Prisoners and suspects shall be treated in a fair and humane manner. Officers shall NOT strike or use any other form of physical force on a prisoner or other person except when necessary to prevent an escape, or in-self-defense, or to prevent violence to another person; Handcuff prisoner with behind back. Immediately field search/frisk prisoner and search adjacent vicinity for weapon, evidence, and/or contraband. Advise prisoner of his rights under Miranda before questioning; Secure prisoner in rear of patrol vehicle with the safety belt; Have prisoners vehicle or other conveyance secured or safeguarded if not required as evidence; Advise Headquarters of female prisoner transport and give mileage reading from patrol vehicles odometer. Transport prisoner to Headquarters.
B.
C. D.
E. F. G.
H.
I.
PROCEDURE NO. 3.040 J.
Page 2 OF 3 Have an additional unit transport civilian complainant or witness if applicable.
2.
AT HEADQUARTERS: A. Advise Headquarters of on scene or out of service status upon arrival, give end mileage, and request to have available sally port opened; Park vehicle in sally port clear of doors and advise communications to secure sally port door. When the vehicle is enclosed in the sally port, the engine should NOT be allowed to idle; Secure weapon in the safe box BEFORE removing prisoner from vehicle; Escort prisoner to holding cell; (1) At no time will a female and male prisoner be placed in the holding cell together. When opposite sexes are awaiting processing, one will be searched and placed in a cell in the appropriate area. A Suicide Screening form will immediately be completed on the prisoner placed in the cell.
B.
C. D.
E.
Perform a thorough search of the prisoner. Prisoner will be searched and the following items will be removed: (1) ALL PROPERTY including but not limited to: shoe laces, belts, hair adornments, (i.e. hair clips, bobby pins.), jewelry, eyeglasses, pens, pencils, keys, valuables and legally possessed prescription drugs.
F.
Notify the Desk Officer of any injury to the prisoner or any use of physical force by the arresting officers. Refer to department procedure on reporting the Use of Physical Force. Obtain prisoners pedigree information and verify by documentary proof; Arrange supervision for prisoner under any circumstances, which require the arresting officer to leave his prisoner; (1) At no time will a prisoner be left unattended.
G. H.
I. J. K. L.
Retrieve weapon from safe box; Remove vehicle from sally port and park on North 5th Ave. Return to Headquarters and secure weapon in safe box in hallway; Obtain incident number and have a warrant inquiry (WINQ) completed by the Desk/Complaint Clerk; If evidence must be secured, obtain a locker key from the desk Clerk and place evidence in locker until it can be turned over to the Property Clerk; Advise Desk Officer of the circumstances surrounding the arrest and that the prisoner is ready to be booked;
M.
N.
PROCEDURE NO. 3.040 O.
Page 3 OF 3
Notify detectives if the arrest meets any of the criterions the Department Solvability form; Have Complainant/Witness complete the proper written statements; Voucher prisoners property; Complete police report (MV-61) and submit to the Desk Officer for his signature;
P. Q. R. S.
Complete Accusatory Instrument if one is required for weekend court, or respond to the District Attorneys office on the next court day to complete the accusatory instrument. DESK OFFICER: 3. Shall review the circumstances surrounding every arrest, and shall determine whether or not a booking is appropriate; Book all prisoners and perform such other associated duties as may be required by departmental policy, i.e. suicide screening, arrest entry. Such Duties shall be Personally performed and as expeditiously as circumstances allow. Direct that prisoners are properly processed (fingerprinted, etc.) by the appropriate person. Personally conduct release procedures i.e. the issuance of Appearance Tickets, etc., except when court is in session when such procedures shall be coordinated by police assigned to the Jail Unit of the Support Services Divisions. Shall examine warrant inquiry (WINQ) and have proper notification made if a warrant is found to be outstanding on the prisoner: A. B. Local warrants notify Detective Division and have Detective execute the warrant; Other jurisdiction Instruct the Complaint/Desk Clerk to transmit a teletype to the originating agency to determine if warrant is active or not using the desk Officer as the authority for the teletype;
4.
5. 6.
7.
8. 9.
Shall insure that a check of the VCO and Traffic Warrant files is completed. If there is reasonable cause to believe that the prisoner may still be in possession of any illegal contraband or weapons and a further search of the prisoner is warranted the Desk Officer shall be guided by the Department Procedures on Search of Arrested Persons, (i.e. strip search). Notify the C.I.U. to complete fingerprinting during regular hours of operations; Have Prisoner Attendant place suspect securely into appropriate cell.
10. 11.
ATTACHMENT
SUBJECT:
Procedure No. 3.041 Page 1 of 2
NOTICE FOR LAW ENFORCEMENT OFFICIALS ON DETENTION OF FOREIGN NATIONALS

United States Department of State Washington, D.C. 20520 October 1,1992
SOURCE:
The U.S. Department of State wishes to remind all law enforcement personnel that, whenever they arrest or otherwise detain a foreign national in the United States, there may be a legal obligation to notify diplomatic or consular representatives of that government in this country. Compliance with the notification requirements is essential to ensure that similar notice is given to U.S. citizens are arrested or detained abroad. Whenever a foreign national is taken into custody, the arresting or other officer-in-charge should consult the list at Annex to determine whether notification is mandatory. If the detainee is a national of one of the countries listed, there is a bilateral agreement in force with that country requiring notice in all cases. The nearest consulate or embassy should be notified without delay and the detainee so informed. If the detainee is a national of any other foreign country, the Vienna Convention on Consular Relations and customary international law require that he/she must be informed immediately of the right to have his/her government notified. If notification is requested, it must be given without delay to the nearest consulate or embassy. Law enforcement agencies should keep a WRITTEN RECORD of all notifications to foreign diplomatic or consular representatives. If notification is not requested, that fact should be recorded in the detainees file, and no notice should be given. Subject to local laws and regulations regarding access to detained persons, foreign consular officers have the right to visit their nationals, to converse and correspond with them, and to arrange for their legal representation. Inquiries concerning the foregoing may be addressed to the Assistant Legal Adviser for Consular Affairs, U.S. Department of State, Washington D.C. 20520; Telephone (202) 647-4415; FAX (202) 647-4802. Telephone inquiries after normal business hours may be directed to the Command Center of the Bureau of Diplomatic Security at (202) 663-0812. ANNEX A COUNTRIES FOR WHICH CONSULAR NOTIFICATION IS MANDATORY Albania (1) Antigua Bahamas Barbados Belize Bulgaria China (Peoples Republic) (2) Costa Rica Cyprus Czechoslovakia Malta Mauritius Mongolia (1) Nigeria Philippines Poland Romania St. Kitts/Nevis St. Lucia St. Vincent/Grenadines
Attachment OP 3.041 Dominica Fiji The Gambia Ghana Grenada Guyana Hungary Jamaica Kiribati Kuwait
Page 2 of 2 Seychelles Sierra Leona Singapore South Korea Tanzania Tonga Trinidad/Tobago Tuvalu U.S.S.R. (3) United Kingdom (4) Zambia
(1) Arrangements with these countries provide that U.S. authorities shall notify responsible representatives within 72 hours of the arrest or detention of one of their nationals. (2) When Taiwan nationals (who carry Republican of China passports) are detained, notification should be made to the nearest office of the Coordination Council for North American Affairs, the unofficial entity representing Taiwans interests in the United States. (3) All U.S.S.R. successor states are covered by this agreement. They are: Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. (4) British Dependencies are also covered by this agreement. They are: Anguilla, British Virgin Islands, Hong Kong, Bermuda, Montserrat, and the Turks and Caicos Islands, Their residents carry British passports.
NOTE: A complete list of Foreign Embassies and Consulates in the U.S. will be maintained in each Division Office and at the Main Desk along with two State Department Publications Guidance for Law Enforcement Officer (Personal Rights and Immunities of Foreign Diplomatic and Consular Personnel), and Permanent Missions to the United Nations (Officers Entitled to Diplomatic Privileges and Immunities). Supervisory personnel shall become a familiar with this information and shall disseminate it to their subordinates.
FOREIGN NATIONALS, ARREST AND DETENTION

SUBJECT:
FOREIGN NATIONALS, ARREST AND DETENTION
PURPOSE: The purpose of this order is to provide all personnel with guidelines to follow during the arrest or detention of foreign nationals. POLICY: In all cases involving the arrest and detention of foreign nationals, it is the policy of the Mount Vernon Department to ensure that the attached Department of State Guidelines are followed. NOTE: The corporation of state and local law enforcement authorities is essential to carry out these obligations effectively, and to ensure that Americans arrested or detained abroad obtain the treatment to which they are entitled. The Department of State requests that these requirements be brought to the attention of all concerned personnel, in order to ensure that the United States not violate any of its obligations under these treaties. Diplomats and consular officers should be accorded their respective privileges, rights, and immunities as directed by international law and federal statute. Diplomatic immunity, even at its highest level, does not exempt diplomats from conforming with national and local laws. It is also this Department policy to record on an MV-61 or MV-61A any incident involving a Member of this Department and any foreign national holding diplomatic immunity. This shall not include parking summonses unless protested by the diplomat. PROCEDURE 1. Identifying Documents issued by the State Department When a police officer responding to, or investigating an apparent violation of law is confronted with person claiming immunity, he or she shall immediately request official Department of State identification to verify the subjects status of immunity. The card is issued by the Department of State Protocol Office, and is the only form of identification that should be accepted. The identification cards are 3-3/4 x 2 inches and will display a photograph of the bearer. It will also show the persons name, title, mission, city and state, date of birth, identification number, and a seal from the U.S. Department of State on its face. The rear of the card will contain a brief explanation of the bearers immunity status. There are only three types of identification cards: A. B. C. Diplomatic the card displays a Blue border. Official the card displays a Green border. Consular the card displays a Red border.
PROCUDURE NO. 3.041-2 2. Verification of Identification
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A. The State Department should be contacted to verify the identity of individuals only when the investigation involves a serious incident and the subject is claiming immunity or, if the officer has reason to believe that the identification card is not valid or, when an individual is claiming immunity and cannot produce identification. The Desk Officer shall personally be responsible for contact with the State Department. 3. Criminal Violations When investigating an apparent violation of criminal law, where the subject claims immunity, the following will apply: A. B. Request the State Department ID card. If the card is not produced, and the situation usually calls for the subject to be detained, or taken into custody, the officer will inform the subject that they will be detained until identity can be confirmed. If the ID card is available, the immunity will be fully respected to the degree entitles on the card. If established that the subject is entitled to full immunity, they may not be arrested and should not be handcuffed or detained in any way, except in extraordinary circumstances. All details from the ID card will be recorded on the MV-61 or MV-61A. It is essential to document all action and notify the State Department so that they could follow up the incident, if necessary.
C.
D.
E.
4.
Immunity In relation to Public Safety A. Members of this Department do not give up the right to protect the safety and well being of residents of the United States, and the City of Mount Vernon. Members retain the right, in extraordinary circumstances, to prevent the commission of a crime. Where public safety is in imminent danger or it is apparent that a serious crime may be otherwise committed, officers may intervene to the extent necessary to stop and terminate such activity.
5.
Traffic Enforcement A. Stopping a diplomat or consular officer and issuing a uniform traffic ticket does not constitute arrest or detention and is permitted. The Commanding Officer of the Support Services Division or his designee shall forward a written report of the incident to the State Department. The State Department has a policy that allows them to suspend the operators license of any diplomatic personnel that is considered to be an irresponsible driver. This policy can only be enacted and enforced if all driving related infractions are reported to them. A diplomat found to be driving while intoxicated would not be allowed to continue to drive. They can be offered breath and chemical tests but they are not required to submit to the tests. The same as above apply where tickets are issued and a written report is forwarded, however, in serious cases a report by telephone is also urged.
B.
PROCUDURE NO. 3.041-2 6. Vehicles A.
PAGE 3 OF 3
The property of a person having full immunity, including motor vehicles may not be searched or seized. Vehicles may not be impounded but may be towed the distance necessary to remove them from obstructing traffic or endangering public safety. If the vehicle is suspected of being stolen or used in the commission of a crime, the occupants may be required to present vehicle papers, and personal identification. If the vehicle is stolen or was used by unauthorized persons in the commission of a crime, the immunity pertaining to the vehicle is temporarily suspended and a normal search and detention of the vehicle is allowed.
B.
NOTE:
A complete list of Foreign Embassies and Consulates in the U.S. will be maintained in each Division Office and at the Main Desk along with two State Department Publications; Guidance for Law Enforcement Officer (Personal Rights and Immunities of Foreign Diplomatic and Consular Personnel), and Permanent Missions to the United Nations. (Entitled to Diplomatic Privileges and Immunities). Supervisory personnel shall become familiar with this information and shall disseminate it to their subordinates,
Procedure No. 3.042
ARREST OF STATE OR FEDERAL LAW ENFORCEMENT OFFICERS

SUBJECT:
ARREST OF STATE OR FEDERAL LAW ENFORCEMENT OFFICERS
PURPOSE: To establish a procedure for the notification of the proper authorities when an arrest is made of employees of State or Federal Law Enforcement Agencies. DESK OFFICER: 1. 2. Shall attempt to make notification to arrestees employer via telephone. Shall instruct the Complaint Clerk/Desk Clerk to make notification via NYSPIN System on a file 13 or file 25 to the proper agency of the arrest; Shall note on the Arrest Book the alarm number transmitted in reference to this notification.
3.
COMPLAINT CLERK/DESK CLERK; 4. 5. 6. Shall transmit a File 13 (Arrest Entry) via NYSPIN System advising of the arrest. Shall code in the necessary symbolic and agency identifier of the department of employment. Shall advise the Desk Officer of the notification and attach a copy of the teletype to the Arrest Book.
Procedure No. 3.043
ARREST / DRIVING WHILE INTOXICATED

SUBJECT:
ARREST / DRIVING WHILE INTOXICATED
PURPOSE: To outline procedures and documentation of those persons arrested for driving while intoxicated or under the influence or alcohol or drugs. DEFINITIONS: Intoxicated Impaired Not Intoxicated .10 of 1% alcohol in blood or more. .08-.09 of 1% alcohol prima facia evidence. .06-.07 of 1% alcohol relevant evidence. .05 of 1% or less.
LEGAL REFERENCES Section 1192 V&T Law Section 1193 V&T Law Section 1194 V&T Law Section 1195 V&T Law PROCEDURE: Any officer may commence an arrest for driving while intoxicated in the following manner: 1. Under Section 1194 (1) (B) of the V&T Law any driver who is involved in an accident or who is in violation of any V&T law may be requested to submit to a Breath Test (field screening test). If the Breath Test indicates such, a chemical Test (Intoxilyzer) may be requested upon placing the subject under arrest for driving while intoxicated. If the subject refused the field-screening device, a summons for Section 1194 (1) (B) will be issued. If the officer, based on personal observations, feels the subject is intoxicated, he/she may arrest the subject for Section 1192-3 based on the officers observations. NOTE: CHEMICAL TEST MUST BE ADMINISTERED WITHIN TWO (2) HOURS OF THE TIME OF ARREST.
2.
ARRESTING OFFICER: 3. Arresting Officer will determine if DWI charges are to be made by either test (screening device) or based on officer observations of the subject.
PROCEDURE NO. 3.043 ARRESTING OFFICERS WILL: A.
Page 2 OF 6
Administer coordination test at scene and note the results in his/her official Department Memorandum Book for later reference when filing DWI Form 1. Inform defendant that he/she is under arrest for driving while intoxicated. Advise defendant of his/her Miranda rights and then transport to Headquarters. Upon arrival advise Desk Officer of circumstances.
B.
C. 4.
Transportation of prisoners to Headquarters: Arresting Officer shall, upon placing subject under arrest; A. B. Search subject for weapons or other contraband; Place restraining devices on the subject in accordance with established Department Procedures. The arresting officer shall then notify the Booking Officer of the arrest.
C.
DESK OFFICER 5. 6. 7. Contact Breath Test Operator. Set up videotape equipment. Commence booking procedure in accordance with established procedures including the completion of the Suicide Prevention Screening Guideline Form #339-ADM, placing the subject at a minimum level of ACTIVE WATCH due to his intoxicated state. Advise defendant of his D.W.I. Miranda rights as follows: You are under arrest for Driving While Intoxicated, Refusal to submit to a Chemical Test will result in the immediate suspension and subsequent revocation of your license or operating privilege, whether or not you are found guilty of the charge for which you were arrested 9. If the defendant refuses, he will be asked three (3) times if he will submit, if he continues to refuse, Refusal Form (DWI Form No. 5) will be filled out by the Arresting Officer. Support Services Division will provide the Officer with copies for Court and DMV. If defendant agrees, the Chemical Test will be given by a Police Officer qualified to administer the test. Defendant MUST be advised of the right to have and independent or second test given by a physician of his/her own choosing at his expense. A. If a prisoner requests to be tested for intoxication by his personal physician, the test will NOT be allowed until the Department testing has been completed. If the prisoner refuses the administration of a chemical test by this Department he shall not be allowed to have a test administered by his personal physical.
8.
10.
11.
PROCEDURE NO. 3.043
Page 3 OF 6
B. If defendant elects to have independent or second test by his/her physician, the doctor will be responsible for test results at a laboratory of his choosing and at defendant expense. C. Have defendants physician complete DWI Form No. 6.6 12. 13. Make provision to call the physician of defendants to administer the second test. Ensure Arresting Officer has defendant sign waiver at bottom of DWI Form No. 3 stating whether he/she declines or accepts having his/her own independent tests. If defendant refuses to sign waiver the Officer is to indicate Refused to Sign on signature line and submit When the independent test is given by defendants physician, have him complete the Independent Physicians Examination Report (DWI Form No. 6) The Departments Intoxilyzer test equipment SHALL NOT be used to administer the independent or second test. A prisoner charged with violations of the Vehicle and Traffic Law Section 1192 Sub. 1,2,3, or 4 shall NOT be eligible for a Desk Appearance Ticket unless such prisoner is admitted to the hospital for more than twenty-four (24) hours. Such prisoner may be issued a Desk Appearance Ticket, if eligible, whether or not he submitted to a Chemical Test or; A. An appearance ticket may be issued at the Desk Officers discretion sixteen (16) hours after the time of booking.
14.
15.
16.
BREATH TEST OPERATOR 17. Ensure that all portable, mobile and CB radios are in the off position.
18. No hand held transmitters are allowed within the room where the evidential breath testing is conducted and under no circumstances closer than six (6) feet to the instrument. 19. Ensure instrument is on and that the ready light is illuminated.
20. Utilizing DWI Form No. 3, fill in all information. In step #6 through #12, x-mark once for test and once for equilibration. 21. 22. 23. Upon completion of test have Desk Officer witness reading and sign as witness. Remove the test record and place it in the DWI packet. Fill out DWI Form No. 7.
ARRESTING OFFICER 24. 25. 26. Complete DWI Form No. 1. If prisoner is willing, fill out DWI Form No. 2. File MV-61, particularly reporting detailed circumstances leading to probable cause and arrest, either Alco-Sensor or the Officers observation and record all warnings given to the defendant (Miranda, Chemical Test, independent second test, etc.) If a test is administered
PROCEDURE NO. 3.043
Page 4 OF 6
by a Personal Physician, the officer shall include the name, and address of the Physician, and the time, date and location of testing to his report. 27. 28. 29. If prisoner refuses, chemical test, fill out DWI Form No. 5 (Refusal Forms). Complete defendants Waiver, bottom of DWI Form No. 3 with defendants signature. Issue UTT Traffic Summons for the following violations: A. B. D.W.I. VTL Section 1192 Sub 3 (Observation) D.W.I. VTL Section 1192 Sub 2 (.10 of 1% or more after test) (1) Complete the D.W.I. portion of the UTT on Parts 3, 5 and 6 C. 30. Any other violation of the Vehicle & Traffic Law.
Attach Parts 1 and 2 of the UTTs to a copy of a Teletype check of the operators drivers license (DALL) and place in the Court box at the Main Desk. Place the last two copies of the UTT with an accounting slip attached in the Support Services Division mailbox. If the vehicle is not wanted on an alarm, is NOT required as evidence and the prisoner was in lawful possession of the vehicle, it may be released to a license operator designated by the prisoner, otherwise the vehicle will be impounded as prescribed as follows: A. Towing contractor shall be notified and vehicle impounded (requires submission of MV-51 Towed Vehicle Report); An inventory search of the vehicle shall be conducted; All items of substantial value shall be vouchered for safekeeping either by turning same over to the Property Clerk, or in the case of the owners arrest, to the Booking Officer as Prisoners property. The officers report shall identify the location where these items were found in the vehicle; The incident report shall list all property found in the vehicle and who property was tuned over to, members should remember that all inventory searches should be conducted in the presence of the owner, when practical, to protect against allegations of wrong doing.
31.
B. C.
C.
SUPPORT SERVICES DIVISION 32. If vehicle is involved in a Serious Personal Injury or Fatal accident, to anyone other than the operator, which may result in criminal and/or Vehicle & Traffic (Felony or Misdemeanor) charges, the vehicle shall be: A. B. Inspected by a certified mechanic for brakes, steering, etc., and; A copy of the mechanics report shall be submitted to Support Services Division to be included with the DWI packet and a copy of same to be forwarded to the District Attorneys Office. Vehicle shall NOT be released until authorized, in writing by the District Attorneys Office.
B.
PROCEDURE NO. 3.043 DESK OFFICER 33. 34. Forward all forms and reports to the Support Services Division.
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Record Chemical Test Result in Arrest Book and add applicable charges (Section 1192.2 Driving with 10 of one percent or more of alcohol.) Record meter reading of videotape footage in Arrest Book and inside cover of tape box. Have prisoner place in cell and all proper entries in Jail Book.
35. 36.
ARRESTING OFFICER 37. At earliest possible time, obtain copies of all reports and file information with District Attorney. Two (2) copies of the refusal form must be presented to the Court at the time of filing the DWI charge. One (1) must be maintained in Records and the police officer should bring one (1) copy when attending the Administrative Hearing. The court will submit Form AA137, (Notice of Suspension) and a copy will be provided to the police officer, which must be retained by the officer and taken to the DMV hearing.
38.
39.
BLOOD TEST In the event that a defendant refused a Chemical Test, but requests a blood test, proceed as follows: DESK OFFICER 40. Follow standard booking procedures, including Miranda and Refusal Warnings, utilizing the videotape. Contact duty Police Physician to withdraw sample. If Police Physical is unavailable or orders same, the sample may be taken at the Emergency Room (Re. 1194-7A V&T). Have Police Physician or attending Physician fill out Police Physicians Examination Report, DWI Form No. 4.
41.
42.
ARRESTING OFFICER 43. 44. Defendant and blood sample vial to be in possession of Arresting Officer. Complete DWI Forms 1, No. 2 (if defendant cooperates), and No. 3 (defendants waiver, bottom of 4 page). Have physician remove blood sample in presence of Arresting Officer who will then seal vial in the presence of defendant. Special attention should be given to ensure that no alcohol preps are used during the removal of blood samples. Arresting Officer will fill out top of DWI Form No. 4 and DWI Form No. 6 in print or type when required.
45.
46.
PROCEDURE NO. 3.043 EXAMINING PHYSICIAN 47.
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Examining Police Physician will complete remainder of DWI Form No. 4 after examination of defendant. Defendants physician will complete remainder of DWI Form No. 6 after examination of defendant. Reports must be signed.
48.
49.
DESK OFFICER 50. Sign reports where indicated.
ARRESTING OFFICER 51. 52. 53. 54. Return prisoner to cell. Place vial in evidence bag and have sample logged in records. Arrange for forwarding sample to lab. If Records and / or Lab are closed, place sample in sealed evidence bag in refrigerator located in the Detective Division until Records is open, then forward to the Lab.
Procedure No. 3.044
COMPULSORY CHEMICAL TEST (DWI)

SUBJECT:
COMPULSORY CHEMICAL TEST (DWI)
PROCEDURE: 1. When an operator of motor vehicle is involved in a motor vehicle accident which has resulted in death or serious physical injury to another person and, A. Has been placed under lawful arrest for driving while intoxicated or driving while impaired and, Has refused to submit to a chemical test for blood alcohol contents or, Is unable to give his consent to such test, provisions exist for the obtaining of a court order compelling the operator to submit to such test.
B. C.
2.
A court order mandating submission to a chemical test may be obtained by telephone or in person from a Supreme Court or County Court Judge of the jurisdiction in which the accident occurred only. As established by Departmental Procedure, Detectives will be assigned to investigate motor vehicle accidents involving fatalities or serious physical injuries (as defined in Section 10 of N.Y.S. Penal Law). If an application for a court ordered chemical test of blood, alcohol or drugs become necessary as a result of such accident, either the investigating Detective or a Superior Officer may make such application by telephone to available judge by utilizing the schedule of judges. Guidelines, examples, blank forms and judges availability schedule will be available at the Main Desk and the Detective Division. The ranking patrol supervisor of each tour will ensure that proper procedures are followed in all such cases as described in this order. In all cases, the Assistant District Attorney on duty will be consulted immediately.
1.
4.
5.
6.
MEMBERS 7. Will initiate an MV-61 including all pertinent information pertaining to the accident not already reported on the Motor Vehicle Report. Included in the report will be the name of the Duty District Attorney contacted. Name of Judge contacted for application was granted. If a Court Order is received the officer should indicate in his report the name of the person drawing the blood sample and the time, date and location sample was taken. Storage of blood until it can be transported to the County Lab shall follow established Department D.W.I. procedures.
8.
9.
Procedure No. 3.045
SEARCH OF ARRESTED PERSONS

Page 1 OF Revised 1/4/93
SUBJECT:
SEARCH OF ARRESTED PERSONS
PURPOSE: The Manual of Procedures provides for the thorough search of ALL arrested persons. However, a person arrested will not be subject to a full strip search unless there is rational basis for doing so. To maximize security and minimize potential hazards to the arresting officer, the arrested person, and other Departmental personnel, the following guidelines are published for the information of all Members of the Service. POLICY: Under no circumstances will a Member of the Department permit a civilian complainant to search another civilian who has been accused of a violation of the law. Where a search is proper, only a police officer will be permitted to such a person. PROCEDURE: FRISK/FIELD SEARCH 1. A frisk, performed primarily to ensure the personal safety of the arresting officer, is a methodical external body examination of the arrested person conducted immediately after apprehension to find weapons, evidence, or contraband. The frisk should be conducted before or immediately after the subject is rear handcuffed, depending upon particular circumstances, temperament of the subjects body, feeling for weapons or other objects, with special attention to the waistband, armpit, collar and groin areas. If an unusual object is detected, the officer will reach into or under the clothing to remove it. A frisk or pat down search may be conducted: A. By an officer, regardless of sex, having reasonable suspicion to stop a person, where the stop indicates a search is proper. By the arresting officer, regardless of sex, where there is lawful arrest on probable cause. If there are two (2) officers present and one (1) is of the same sex as the person detained, that officer should conduct the frisk.
B.
C.
In either case, where a more extensive search is called for, the subject should be brought into the station and Section B rules, Search at Police Facility, should be followed.
PROCEDURE NO. 3.045 D.
Page 2 0F 3
Where there is no probable cause to stop or arrest a person, there is no basis to justify any search of a person.
SEARCH AT POLICY FACILITY 2. Upon arrival at Police Headquarters or other Department facility, the arresting officer or a designated member of the same sex as the prisoner, will conduct a thorough search of the subjects person clothing to ensure the safety of all persons within the facility and to remove weapons, contraband, and evidence not discovered by the frisk. Other items lawfully carried, but are dangerous to life, or which could facilitate escape or deface or damage property, will also be removed from the subject. A search at a police facility (not a Strip Search ) includes the removal of outer garments such as overcoats, jackets, sweaters, vests, hats, wigs, ties, belts, shoes, and socks, handbags and wallets. All pockets are to be emptied and all clothing not removed will be examined by grabbing, crushing and squeezing the garments and by sliding the hands across the body to detect articles that may be underneath or sewn to the clothing.
3.
STRIP SEARCH 4. The Desk Officer or supervisor present will decide if a strip search should be conducted and is responsible that the search is conducted properly. A Strip Search will be utilized when the arresting officer reasonably suspects that weapons, contraband or evidence may be concealed upon the person or in their underclothing, in such manner that they may not be discovered by the previous search methods. Other factors that should be considered in determining the necessity for a Strip Search include, the nature of the crime (serious violent felony), arrest circumstances, subjects reputation (extremely violent person), act of violence, and discoveries from previous searches. A. In determining whether Strip Search is necessary, the reasonableness of such search under the circumstances, controls. A Strip Search will be conducted by a member of the same sex as the arrested person in a secure area in outermost privacy and with no other arrestee present. It should not be necessary to touch the subjects body, except for the examination of the hair. If a Strip Search is conducted, such information will be entered under Details in the Arrest Book. A subsequent Strip Search will not be conducted unless there is reasonable belief that the subject has acquired a weapon or contraband. A Strip Search will not be conducted after a decision is made to void an arrest or to release the prisoner immediately upon issuance of a summons.
B.
C.
D.
E.
A thorough clothing search will usually eliminate the necessity of a full Strip Search for weapons and ensure maintenance of safety and security standards. However, a Strip Search for other evidence may still be necessary in some instances.
PROCEDURE NO. 3.045 BODY CAVITY SEARCH 5.
Page 3 OF 3
Under no condition shall a Body Cavity Search be conducted by any Member of the Department. As a general rule, a warrant must be obtained before a Body Cavity Search is performed. For a Body Cavity Search to be justified, there must be more than a mere chance of finding something. The standard to be applied is reasonableness on the facts. Only where the arrestee or police officer would clearly be in danger or if there was a clear indication that evidence would be destroyed, should a Body Cavity Search be conducted. A. Compelling, exigent circumstances must be presented before the warrant requirement can be waived. Due to availability of judges in Mount Vernon, a warrant will be obtained before a Body Cavity Search is conducted. A Body Cavity Search must be conducted by a medical doctor in privacy, in an examining room (doctors office, hospital ) so as to insure hygienic surroundings and minimal discomfort. If a Body Cavity Search is considered necessary, the Duty District Attorney and Captain will be advised and their instructions complied with and entered in the Arrest Book.
B.
C.
D.
REFERENCE:
Legal Opinion Training Order 9-82
Procedure No. 3.046
HANDCUFFING PRISONERS
SUBJECT:
HANDCUFFING PRISONERS
PURPOSE: To establish a procedure for handcuffing prisoners for the protection of the police officer or other persons involved in an accident. PROCEDURE: MEMBERS: 1. Shall handcuff all prisoners as soon as possible. Handcuff first: A. B. C. 2. 3. Before leaving cell block; Before leaving building ; Before entering R.M.P.;
Shall cuff hands BEHIND back. Always double lock cuffs; Handcuffs are an aid in restraining prisoners; they are never a substitute for constant observation and vigilance; Will not handcuff a prisoner to a fixed object, except in emergencies; Will not handcuff a prisoner to a movable object; A Member shall never handcuff a prisoner to himself since the prisoner may attempt suicide or may be strong and wrestle the police officer to the ground and overcome the officer; Do not leave handcuffed prisoners unattended.
4. 5. 6.
7.
METHOD: 8. The proper method of handcuffed application for one (1) prisoner is as follows: A. One (1) cuff on each wrist; hands behind back, keyhole on side away from hands; palms facing away from each other; (Back of hands facing towards each other) ; cuffs closed until snug, but not digging into the skin; cuffs double-locked. Although rear cuffed many prisoners are able to pass the cuffs under their feet and bring their hands in front. Should this occur a prisoner can inflict injuries to escorting officer and others and is in a better position to affect an escape.
PROCEDURE NO. 3.046 B.
PAGE 2 OF 2
Placing the link chain under the prisoners belt at rear of his waist will reduce the chance of slipping hands under feet to front.
9.
Method of handcuffing more than one prisoner. A. B. Two (2) prisoners one (1) set of handcuffs Right wrist to right wrist; Two (2) prisoners two (2) sets of handcuffs...Both prisoners rear-cuffed arms interlocked. Three (3) prisoners two (2) sets of handcuffs.First prisoner rear cuffed, second and third cuffed together through the arms of the first.
C.
Procedure No. 3.047
MULTIPLE ARRESTS PHOTOGRAPHS

SUBJECTS: MULTIPLE ARRESTS PHOTOGRAPHS

PURPOSE: To insure that a police officer after making a multiple arrest, and testifying in the subsequent criminal proceedings, can positively identify the defendant by use of photographic records. In multiple arrest situations the photographs of a defendant shall be used only for identification purposes, to insure due process of law and protect the defendant from misidentification. PROCEDURE: 1. Whenever incident occurs that results in multiple arrests for charges that do not routinely require fingerprints and photographs and police officers are the complainants, the Desk Officer will direct that one (1) Polaroid photograph be taken of each defendant with the arresting/complainant police officer. The following information will be written on the back of each photograph. The defendants: A. B. C. D. E. 3. Name: Address: Date of birth: Social Security number: Department Incident or Case number:
2.
All photographs will be considered evidence and Department Evidence Procedures will be followed. NOTE: The Criminal Identification Unit will not consider these photographs as evidence.
4.
If necessary to accomplish this order, personnel assigned to the Criminal Identification Unit shall be recalled to duty for equipment and/or supplies only.
SUPPORT SERVICES DIVISION 5. Will follow Department Evidence Procedures and upon completion of all legal proceedings, destroy photographs as Department Procedures require.
CONFISCATION OF FELONY DRUG MONEY

SUBJECT:
CONFISCATION OF FELONY DRUG MONEY
PURPOSE: To provide a policy for the confiscation of monies from those arrested for any Felony Drug Offense. POLICY: All monies, that exceed $500.00 in value, found in the possession of PERSONS ARRESTED FOR ANY FELONY DRUG OFFENSE, will be confiscated and turned over to the Support Services Division. These monies will be held separate from regular evidence and will be labeled Confiscated. Additionally, the Support Services Division is required to notify the Commanding Officer, Detective Division to facilitate the forfeiture process. PROCEDURE: ARRESTING OFFICER: 1. Upon making an arrest for any Felony Drug Offense, all monies, if they exceed $500.00 in value, possessed by the defendant will be seized, counted in the presence of the defendant and a receipt issued and signed by the arresting officer and the defendant.
DESK OFFICER: 2. The Desk Officer will be responsible for verifying the amount of confiscated monies and will also sign the receipt. The Desk Officer will have the arresting officer deliver the confiscated monies to Support Services Division during normal business hours. When Support Services is closed the Desk Officer will log the confiscated monies in the Safe Log and secure it in the safe. On the next regular business day the monies will be turned over to the Support Services Division by the Desk Officer.
3.
4.
CONFISCATED MONEYS: 5. The confiscated monies will be place in a plastic bag. (Same as Prisoner Property Envelope). The white receipt for the money will be placed in the bag unfolded and readable from exterior. The arresting officer will date and sign his/her FULL NAME on the red evidence tape inside the bag. He/she will then heat seal the bag enclosing the evidence tape, white receipt and monies. This being completed in the presence of the Desk Officer.
6.
PROCEDURE NO. 3.048-1 7.
Page 2 OF 2
The receipts will be distributed as follows, original (white) will be placed inside the plastic bag with confiscated monies. The yellow copy will be given to the defendant, and the pink copy will be retained in the Receipt Book. (These cash receipts have sequential numbers and strict accountability is necessary for record keeping purposes.)
SUPPORT SERVICES DIVISION: 8. Support Services Division will supply a Receipt Book and plastic bags with red evidence tape attached as described.
*NOTE:
The foregoing policy and threshold, ($500.00), refer ONLY to monies to be confiscated. It does NOT apply to monies, (of any amount), that are seized as evidence in a Narcotics Case.
DRUG RELATED SEIZURES AND FORFEITURES

SUBJECT:
DRUG RELATED SEIZURES AND FORFEITURES
PURPOSE: To establish a policy and procedure for the seizure and forfeiture of vehicles used by those persons who distribute, sell, and use illegal drugs within the City of Mount Vernon. This policy is guided by Federal and/or State Statutes. PROCEDURE: 1. All such seizures and forfeitures shall be made under the Federal and/or State adopted seizure process.
INVESTIGATING OFFICER: 2. When an investigating Officer (Detective Personnel or Patrol Task Force Personnel) has reason to believe that a vehicle is involved in a drug related crime, he/she shall contact an on duty Detective Supervisor for approval. Upon the approval of a Detective Supervisor, he/she shall: A. B. Impound the vehicle; Complete an MV-61 (Crime Report) and an MV51 (Motor Vehicle Invoice and Tow Report); Have the vehicle removed to the City owned vehicle storage facility. If such facility cannot be accessed, the vehicle shall be stored at the City Contracted Impound Yard.
C.
DETECTIVE DIVISION CLERK 3. 4. Stamp both the MV61 and the MV61 with the SEIZURE stamp; If the vehicle has been previously stored in a City Contracted Impound Yard, the Detective Division Clerk, under the direction of a Detective Supervisor, shall have the vehicle transferred from the City Contracted Impound Yard to a City Owned vehicle storage facility.
SENIOR SUPERVISOR AND DUTY DETECTIVE: 5. When no Detective Supervisor is on duty the Senior Patrol Supervisor on duty may approve an impound under this procedure. Said Supervisor shall insure that an MV61 and MV51 are completed and reviewed by him/her. The forms will then be turned over to the Detective on duty, who will hold the reports for review by next Detective Supervisor on duty. The duty Detective shall be responsible for forwarding the reports to a Detective Supervisor.
PROCEDURE NO. 3.049-1 DETECTIVE SUPERVISOR: 6.
Page 2 OF 2
The next Detective Supervisor on duty shall review the reports described in paragraph 5 and if found acceptable, he/she will stamp the MV51 and the MV61 with the SEIZURE stamp and arrange for removal of the vehicle from the City contracted Impound Yard to a City owned vehicle storage facility.
COMMANDING OFFICER DETECTIVE 7. It shall be the responsibility of the Commanding Officer of the Detective Division to ensure that all information in regard to liens and judgments against any vehicle is ascertained within five (5) business days after the seizure. He/she shall also have all necessary Federal and/or State adopted seizures forms prepared for approval by the Commissioner.
*IMPORTANT NOTE Once the foregoing process is initiated and a vehicle is found unsuitable for forfeiture the Commanding Officer of the Detective Division shall notify the Commanding Officer of the Support Services Division, in writing, of same. The Commanding Officer of the Support Services Division shall notify the owner to recover said vehicle.
Procedure No. 3.050
PRE-ARRAIGNMENT BAIL
SUBJECT:
PRE-ARRAIGNMENT BAIL
PURPOSE: To establish procedures, to act as a guide for Desk Officers fixing pre-arraignment bail. Section 150.30 of the Criminal Procedure Law authorizes a Desk Officer In Charge at a Police Station or Police Headquarters to fix pre-arraignment bail and, upon the posting thereof, to issue and serve an Appearance Ticket upon the arrest person. Also to establish procedures for Desk Officers releasing prisoners on Appearance Tickets by when Court is not in session and such release requires processing (fingerprints/photos). NOTE: Section 150.30 reads that desk Officers MAY fix such bail. They are not mandated to do so. POLICY: 1. The pre-arraignment bail, fixed by Desk Officer, will be as follows; A. Class E Felonies Not to exceed $ 750.00, NO bail to be given on the following charges: (1) (2) (3) (4) (5) (6) B. C. D. Section 130.25 Rape 3rd degree Section 130.40 Sodomy 3rd degree Section 205.10 Escape 2nd degree Section 205.17 Absconding from temporary release 1st degree Section 205.19 Absconding from community treatment facility Section 215.56 Bail Jumping 2nd degree
Class A Misdemeanor Not to exceed $500; Class B or Unclassified Misdemeanor Not exceed $200; Violations (Disorderly Conduct, Harassment, etc.) Not to exceed $100.
Note: The Desk Officer may refuse to set bail in all cases except Unlawful Possession of Marijuana 221.05 (Violation). In this instance, the defendant must be released on an Appearance Ticket. See section 150.75 of the Criminal Procedure Law. 2. 3. No Appearance Tickets may be issued while Court is in session. No Appearance Tickets for Class A, B, C, or D Felony Arrest and Class E Felony Arrest listed in Section 1A above. No Appearance Tickets for Arrested by Warrant.
4.
PROCEDURE NO. 3.050
PAGE 2 OF 2
5. 6. 7.
No Appearance Tickets for Loitering 240.35 P.L. (Sub.3) No appearance Tickets for Loitering 240.37 P.L. (Sub. 2) The Desk Officer will not set bail if the offense for which the defendant is arrested is drug related, involving cocaine, heroin, barbiturates, amphetamines or possession of a hypodermic needle or possession of a large quantity of marijuana (over two {2} ounces). No Appearance Tickets for Prostitution charges.
8.
DESK OFFICER 9. Shall order the duty Detective to promptly process (finger print) any prisoner eligible for an Appearance Ticket. No Appearance Ticket shall be issued until the prisoner has been fingerprinted and a record check for outstanding warrants has been completed. With respect to charges involving Class A and Class B misdemeanors, Non-County residents shall not be released without bail. The Desk Officer may not set bail on persons arrested on warrants.
10.
11.
12.
Procedure No. 3.051
EVIDENCE LOCKER/CLOSET
Page 1 OF 2 Revised
SUBJECT:
EVIDENCE LOCKER/CLOSET
PURPOSE: To provide for the security and integrity of evidence confiscated by Members of the Department pending delivery to the Property Clerk. PROCEDURE: Seventeen (17) Evidence Lockers have been provided in the Jail Unit, Prisoner Processing Area. These lockers vary in size and should be utilized according to the size of the article being stored. Bulk evidence shall be place in the Utility Closet on the first (1st) floor opposite C.I.U. Evidence requiring refrigeration, i.e. sex offense kits, blood samples, etc., shall be placed in the refrigerator located in the Bulk Evidence Closet. All such evidence shall be placed in evidence bags and heat-sealed. The following procedure shall be followed when storing evidence. 1. 2. Members shall acquire an Evidence Locker key from the Desk Officer. Members and Desk Officer shall make an entry in the Desk Officers Evidence Log Book, compelling all applicable sections. Members shall keep the Locker key until the evidence is retrieved for delivery to the Support Services Division Property Clerk. Upon retrieving the evidence, the key shall be returned to the Desk Officer. The Member and the Desk Officer shall make corresponding entry in the Evidence Log Book, noting the removal. Members with bulk evidence will be escorted to the Utility Closet by the Desk Officer and said evidence shall be secured and/or removed in his/her presence. It shall be the Desk Officers responsibility to maintain the integrity of the Evidence Closet. The Property Clerk will possess the only spare key s for lockers. Evidence will be delivered to the Property Clerks Office in Support Services Division. The confiscating officer shall remove the evidence on the next regular business day in conjunction with Filing of Information for that case. In cases of no arrest, evidence will be removed on the next tour of duty in conjunction with the next regular business hours of the Support Services Division (Monday-Friday 0730 through 1600 hours).
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PROCEDURE NO. 3.051 9.
Page 2 OF 2
Evidence confiscated during hours the Support Services Division is open will be delivered directly to the Property Clerk. Evidence must be vouchered into the Property Clerk immediately after removal from the Evidence Locker/Closet. NO EXCEPTIONS.
10.
Procedure No. 3.052
TYPES OF V&T VIOLATORS

Page 1 OF 1 Revised
SUBJECT: TYPES OF V&T VIOLATORS
PROCEDURE: 1. Police officers may have contact with violators who require special processing i.e. military personnel, legislators, foreign diplomats/consular officials or juveniles. A. If the violator is a foreign diplomat/consular official, the officer shall act in accordance with Operational Procedure 3.041-1 Arrest and Detention of Foreign Nationals. If the violator is a member of the armed forces he shall be processed as any other violator, except when otherwise directed by the Commissioner of Motor Vehicle. If the violator is a youth, and has committed a Vehicle and Traffic Violation or crime, the officer shall act in accordance with Operational Procedure 3.182, Juvenile Procedures. Pursuant to the Constitution of the United States, if the violator is a member of the United States Senate or House of Representatives, he shall in all cases, except Treason, Felony or Breach of the Peace, be privileged from arrest during his attendance at the session of his respective House or in going to and returning to the same; and for any speech or debate in either House. All other resident and non-resident motorists shall be treated in the normal manner, pursuant to existing Department Procedures and New York Vehicle and Traffic Laws.
B.
C.
D.
E.
Procedure No. 3.053
ANIMAL CRUELTY INVESTIGATIONS

Page 1 OF 4 Revised
SUBJECT:
ANIMAL CRUELTY
PURPOSE:
The purpose of this order is to establish a policy for investigating complaints of animal cruelty.
POLICY:
MOS shall investigate a complaint of animal cruelty as soon as possible to bring relief to the animals that are suffering. MOS must summons or arrest any person offending against any of the provisions of Article 26 of the Agriculture and Markets Law.
PROCEDURE: There are two concepts that are important to your investigation of animal cruelty: Exigent circumstances Plain view doctrine
Exigent Circumstances Within the context of animal cruelty, exigent circumstances exist if you find an animal in circumstances that put its life in danger. If you come across an animal in such circumstances, you should consider removing it from the circumstances immediately rather than waiting to obtain a search warrant. If, for example, you are sent to a parking lot on a hot day to investigate a report of a dog locked in a parked car with the windows rolled up, and the animal is panting heavily and in danger of dying, you can enter the vehicle without a warrant to rescue the dog. If you break the window of the vehicle you are responsible for the security of the car afterward. It may not always be easy to distinguish between severe neglect and exigent circumstances. Determining the degree of neglect is often a judgment call.
PROCEDURE NO. 3.053
Page 2 OF 4
A supervisor shall make the final determination to remove an animal without a search warrant where exigent circumstances exist. Non-exigent circumstances exist when an animal does not appear to be in extreme pain or in imminent danger of losing its life. Exigent circumstances exist when an animal may be in danger of losing its life. The following are examples of exigent circumstances: Animal is severely emaciated near death. Animals collar is imbedded in its neck. Animal has numerous sores on its body, or obvious inflicted injuries, such as gunshot wounds, arrows, etc. Animal appears to be overcome with heat exhaustion. Animal is whimpering and vomiting, or appears malnourished and too weak to stand up.
Plain View Doctrine There are two aspects of the plain view doctrine that are important in animal related cases: 1. Plain View Observation When you make an observation of animal cruelty from a place you have a right to be while doing your job. If, for example, you are investigating an animal complaint, and the owner will not allow you to see the animal, you may use the property of a neighbor, with permission, to view the animal in question from there. Based on your observations of the animals situation in plain view, you can do the following, depending on the animals condition: Make contact with the owner to discuss the situation. Remove the animal if exigent circumstances exist. Apply for a search and seize warrant through the Detective Division. 2. Plain View Doctrine Objects found pursuant to a warrant to search in an investigation of animal cruelty can be seized and used as evidence. If, for example, you are executing a search warrant to investigate a complaint of dogs barking in an abandoned building, you come across objects in plain view that indicate that dog fighting has been taking place there, you can seize the objects as evidence.
PROCEDURE NO. 3.053
Page 3 OF 4
The Detective Division shall investigate the complaint when it is necessary to obtain a search warrant to enter private property on an animal related complaint. The Detective Division shall also investigate all felony complaints of animal cruelty. Detectives shall also investigate all misdemeanor complaints of animal cruelty that require investigation to locate an identifiable suspect. Most animal related complaints stem from violations of Section 353 of the Agriculture and Markets Law, which deals with neglect and abuse. They will generally involve the failure to provide proper sustenance, which means the animals: Are not being properly fed or watered? Are lacking an appropriate shelter. Are lacking clean air to breathe. Are living in unsanitary conditions. Need veterinary care. Are abandoned.
There are no hard and fast rules when you investigate animal cruelty. Use your best judgment in each situation. In all situations, your response should be guided by the following concerns: What is the best thing to do for the animal? What would a reasonable person do in this situation? Do I have reasonable cause to do what I am doing, based on the facts, as I know them? You will find it helpful sometimes to enlist the cooperation of the Mount Vernon Animal Shelter and Humane Society when investigating an animal complaint. The director of the Mount Vernon Animal Shelter shall always be notified when animal cruelty is suspected. There is an emergency number for the Animal Shelter at the Desk. Two of the most essential people in any animal cruelty investigation are the Westchester County District Attorney and a veterinarian. Dr. Robert Jiao of the Westchester Animal Hospital, 384 Gramatan Avenue, Mount Vernon, NY should be notified to treat severely ill or injured animals. Dr. Jiao can be reached during normal business hours at 668-0031. Telephone Dr. Jiao after normal business hours at 274-1886. In the event that Dr. Jiao is not available, contact the County Animal Clinic, 1574 Central Park Avenue, Yonkers, or another local veterinarian to provide emergency care for a severely ill or injured animal. Because animal cruelty cases are not the norm, it is important to establish contact with the District Attorneys office early, and maintain it throughout the case.
PROCEDURE NO. 3.053
Page 4 OF 4
AGRICULTURE AND MARKETS LAW - ARTICLE 26 ANIMAL LAW CRIME 351 (2) 351 (3,4) 353 353-a 353-b 354 355 356 357 358 358-a 359 359-a 360 361 362 364 365 366 366-a 368 PENAL LAW LAW SECTION CRIME 155.25 145.00 145.10 195.06 195.11 195.12 130.20 Petit larceny Criminal mischief Criminal mischief Killing/injuring a police animal Harming service animal Harming service animal Sexual misconduct CRIME Practicing veterinary medicine without license CRIME Leaving scene of accident with animals Animal fighting Animal fighting Animal cruelty Aggravated cruelty Shelter for dogs Sale of baby chicks and rabbits Animal abandonment Treatment of impounded animals Sale/exposure of diseased animal Selling disabled horses Live animals as prizes prohibited Carrying animal in cruel manner Transportation of horses Poisoning animals Injury to certain domestic animals Throwing harmful substances Running horses on highway Clipping/cutting ears of dogs Dog stealing Removing/transporting dog for research Operating on tails of horses
CHARGE Felony Misdemeanor Misdemeanor Felony Violation Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Violation Misdemeanor Misdemeanor Misdemeanor Felony Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor
CHARGE A Misd. A Misd. D Felony A Misd. B Misd. A Misd. A Misd. CHARGE E Felony CHARGE Violation
EDUCATION LAW Section 6514 V & T LAW Section 601
Procedure No. 3.060
PRISONERS F.O.A.
SUBJECT:
PRISONERS F.O.A.
PURPOSE: To establish a procedure for the housing and movement of prisoners from other agencies within the Police/Court Facility. PROCEDURE: The following procedure shall be followed when prisoners are delivered to the Police/Court facility by other agencies: 1. 2. 3. 4. All prisoners shall be delivered through the cell block via the sally port. Outside agencies will call the Communications Unit via the intercom, north side of building. When such call is received the Desk Officer shall be immediately notified. The Desk Officer will determine if entry shall be granted, and if booking procedures shall be initiated. When the prisoners are here solely for Court appearance and the other agency will retain custody after such appearance, the following shall apply: A. The Desk Clerk will, in the absence of the Jail Detail, search the prisoner in the presence of the representative of the other agency and all articles removed as set forth for prisoners in Department Regulations, however, said property will be turned over to that representative for safekeeping. The prisoner will then be handled by Department personnel until the prisoner is either released by the Court or turned over to the agency representative.
5.
B.
Procedure No. 3.061
JUVENILES LOCKUPS
SUBJECTS: JUVENILES LOCKUPS

POLICY: Juveniles will not be knowingly confined in the Department lockup. Whenever it is necessary to detain a juvenile in a lockup the youth will be transported to the nearest available State or County Juvenile Detention Facility. PROCEDURE: The State Commission of Correction has established a procedure regarding the immediate notification of any juvenile detention, within the state. Should a juvenile be housed for any length of time in our lockup, the State Commission of Correction must to be notified. Therefore, the Member discovering the youth in the lockup shall immediately notify the Detective Division. DETECTIVES: 1. Upon notification or discovery the Youth Detective or Squad Detective on duty shall take immediate corrective measures, and; Complete a RECORD OF JUVENILE DETENTION FORM, and; Attach a copy to the original incident report, and forward to the Support Services Division, Jail Unit Supervisor.
2. 3.
SUPPORT SERVICES: 4. The Jail Unit Supervisor will review the form and reports and without delay forward the form to the State Commission of Correction.
Procedure No. 3.062
PRISONERS PERSONAL PROPERTY

SUBJECT:
PRISONERS PERSONAL PROPERTY
PURPOSE: To establish a uniform procedure for the handling, inventorying and safeguarding of prisoners personal property. POLICY: As a general rule, under no circumstances will a prisoner be separated from his personal property unless a receipt is given. MEMBERS: 1. When a prisoner is booked and personal property removed, the Desk Officer will insure that a Prisoner Property Receipt is issued. This will be accomplished in the presence of the prisoner. The prisoner will then sign the receipt along with the issuing officer. The prisoner will then be given the white copy of the receipt. The pink copy will then be inserted into the transparent Prisoner Property Safe Envelope, unfolded and readable from the exterior. The yellow copy will be trained in the Property Receipt Book. When such Prisoner Property Receipt is issued, only valuables will be placed in the Safe Envelope (items of substantial value only; cash, jewelry, credit cards, checks, stamps, etc.) and HEAT SEALED in the presence of the prisoner. All other property will be placed in a brown paper bag and marked with the prisoners full name. If the bagged property consists of any items, which could be used as a weapon, this will also be marked, conspicuously, on the exterior. The Desk Officer will then log the Safe Envelope in the Safe Book and secure the envelope in the Desk Safe. The Jail Attendant will take the remaining bagged property and place it in the cellblock lockers. The morning Jail Detail , prior to leaving for the County Facilities, will obtain a Prisoner Property Receipt Book along with an adequate number of Prisoners Safe Envelopes from the Desk Officer. Upon arrival at the facility, if personal property received, the detail will follow the instructions in paragraphs one (1) and two (2). They will then transport the Safe Envelopes and property to the Desk Officer, at Headquarters, and deliver the prisoners to the cellblock. Members of the Department, when required to sign for prisoners property, shall ensure that all items and moneys are correctly listed on the receipt All Members shall be held responsible for any property he/she signs for.
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PROCEDURE NO. 3.062
PAGE 2 OF 3
6.
When returning prisoners to the County Jail or other facility, the contents of the Safe Envelope will be inspected by the prisoner, BUT NOT OPENED, and signed for in the Safe Book. If the prisoner protests the contents and the complaint appears to be valid, the Desk Officer will immediately commence an investigation. Then, the Safe Envelope and prisoner will be transported to the County Facility. Upon arriving at the facility, the Safe Envelope will be returned to the prisoner in the presence of a Corrections Officer.
DESK OFFICER: 7. After completing the regular forms in the Property Receipt Book and the Bail Receipt Book, the Desk Officer shall then enter necessary information in the Safe Log as indicated below: A. B. C. The date and prisoners name. Enter the reason for obtaining the property in the correct box. Enter the receipt numbers from Bail and Property Receipt Books and the amount of cash. Ensure that person receiving property or bail sign their names, (PRISONERS, COURT CLERKS, PROPERTY CLERK). When receiving bail, valuable property or monies, include the date and sign his/her name indicating the tour working. No personal items will be accepted for prisoners incarcerated in this Department cellblock, including food, clothing, money; or any other personal articles. The only EXCEPTION to this directive, is sealed packages of cigarettes, which will be added to the property of the prisoner. On each succeeding tour, the relieving Desk Officer shall sign his/her name adjacent to the tour working, acknowledging that the envelope is in the safe and appears in tact. If a prisoner wishes to give custody of vouched property to another person both the prisoner and the person receiving the property must sign the receipt and the Safe Log in the presence of the Desk Officer. Bail, valuable property or monies not claimed at the end of four (4) days, (ninety-six (96) hours, shall be turned over to Support Services Division with the signature of person receiving said property.
D.
E.
F.
G.
H.
DESK OFFICER / POLICE OFFICER: 8. The Desk Officer shall be responsible for prisoners property while prisoner is detained in Headquarters holding cell. The prisoner is to be given a property receipt on all property of value and money. When prisoners are released by Court or bail, the prisoner shall sign the receipt and Safe Log, before the Desk Officer returns the property.
9.
Page 3 OF 3
Where a prisoner is being transported to another institution, as directed by the Court, all prisoners property will be taken to that institution by transporting police officers. Where the prisoner has valuables and monies, this property will be given to the prisoner at the receiving institution in the presence of a Corrections Officer and it shall now be the responsibility of the receiving institution to safeguard the prisoners valuables. The County Jail, Pen and other institutions do not give this Department a receipt for the prisoners property, therefore, it is incumbent upon transporting police officers to relieve himself and the Department of the responsibility.
11.
Procedure No. 3.063
PRISONERS MEALS
SUBJECT:
PRISONERS MEALS
PURPOSE: To establish a procedure for providing meals for detained prisoners and for the maintaining of records of same. LEGAL REFERENCE: Corrections Law Section 7505 PROCEDURE: When a prisoner is confined in the Department Detention Facilities the following procedures will be followed to provide meals in accordance with the Corrections Law of the State of New York. MEMBER: 1. 2. Determine the number of meals required. Telephone contractor or establishment providing service, and order the required number of meals. A. 3. Cost of meals to the Department shall not exceed the current contracted bid.
Indicate the number of meals served at each meal period on the MV-88 (Prisoners Transportation and Meal Report). Indicate meals served on the individual Prisoners Jail Form (MV-92). Note on the prisoners Jail Form if any prisoner refuses a meal. Advise the Desk Officer of any inmate requiring special meals in accordance with Section 7505.1 (d) of the Corrections Law. Special Law. Special meals will be provided to facilitate the following circumstances; A. B. C. Special dietary laws established by their religion; or Special medical diets ordered by a physician; Such special diets shall conform as closely as possible to foods being served to other inmates.
4. 5. 6.
Page 2 OF 2
In order to expedite the midday feeding of prisoners and provide a prompt return to the City Court for the afternoon court session, the following procedure shall be followed. A. At approximately 1130 hours the Court Officer will advise the Prisoner Attendant of the estimated number of prisoners who will require lunch; The Prisoner Attendant will then combine the Court Officers estimate with the number of prisoners presently incarcerated and order the total number of lunches required. The Prisoner Attendant will arrange with the Radio Room the delivery of the lunches to Headquarters by 1200 hours; Extra lunches may be utilized for prisoners evening meals, shortages can be ordered later;
B.
C.
8.
Submit to the Support Services Division the completed MV-88 at the conclusion of the 16002400 hours tour each day.
SUPPORT SERVICES DIVISION: 9. Compile the monthly statistics of prisoners meals and prepare the monthly Prisoners Meals Reimbursement Voucher for reimbursement of monies paid for meals provided to County prisoners. Submit this voucher to Westchester County. Also verify total monthly meal expenditure with vendor and submit expenditure accounting sheet to the Office of the Deputy Commissioner.
Procedure No. 3.064
PRISONERS MEDICAL ATTENTION

SUBJECT:
PRISONERS MEDICAL ATTENTION
PURPOSE: To obtain necessary medical and/or psychiatric treatment for prisoners in police custody. POLICY: Prisoners who are apparently in need of medical and/or psychiatric care shall promptly receive first aid if necessary, and then be transported to the proper treatment facility. All prisoners in need of psychiatric care will be kept under extremely close supervision to prevent them from harming themselves, others, or damaging property. PROCEDURES: ARRESTED PERSONS MEDICAL TREATMENT 1. Prisoners in medical treatment shall be taken to the nearest medical facility, either by patrol car or ambulance, as is appropriate.
POLICE OFFICER: 2. The officer will remain with the prisoner until a preliminary diagnosis and medical treatment is rendered. A. If the prisoner is not admitted, normal arrest processing procedures will be resumed. The prisoner will be transported back to Headquarters where he will be placed in the holding cell for processing. If the prisoner is admitted, the officer will immediately notify the Desk Officer to make the necessary guard arrangements. Where the nature of the charges, and other circumstances permit, a supervisor may direct that an Appearance Ticket be issued as alternative to maintaining a guard.
B.
3.
Prisoner, to be handcuffed, hands in rear, before transporting to the hospital or Headquarters. Remain with prisoner at all times in the hospital. Request room change if security is adequate. Do NOT remove handcuffs, unless requested by attending physician.
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Page 2 OF 2
If requested to remove handcuffs, inform physician of circumstances of arrest prior to removal, remove handcuffs I f physician still requests, and replace handcuffs at completion of examination. Make appropriate entries in Official Department Memorandum Book and request attending physician to sign entries; also indicate physicians refusal to sign any entries.
B.
ARRESTED PERSONS PSYCHIATRIC TREATMENT 7. If the pending charges are a violation or misdemeanor: A. The Desk Officer shall summon the Crisis Intervention Service of the Psychiatric Institute, Westchester County Medical Center, to evaluate the prisoner to determine if hospitalization is necessary. The local Mobile Crisis Unit is available twenty-four (24) hours a day. They will respond to the scene (place of occurrence), or to Headquarters. If the Crisis Intervention Center Staff determines that the individual is to be hospitalized, the officer shall take the following action: (1) Supervisor shall issue a Desk Appearance Ticket, if possible. (Note: if the subjects only unlawful conduct is disorderly conduct which is the result of a possible mental condition, the subject should not be charged, but brought to the Psychiatric Institute as per established Department Procedures.
B.
C.
If the Crisis Intervention Service Staff determines that the subject does not require hospitalization, arrest processing will continue.
8.
In cases where the charge is a felony or an Appearance Ticket is inappropriate, the prisoner must first be arraigned and then committed by the Judge to the County Jail Forensic Unit. The Jail cannot accept a prisoner without a commitment document.
PRISONERS HOSPITALIZED PRISONERS

SUBJECT: PRISONERS HOSPITALIZED PRISONERS
PURPOSE: To establish a procedure to safeguard and monitor hospitalized prisoners. PROCEDURE: When a prisoner, in the custody of this Department is hospitalized, the following procedures will be followed: MEMBERS: 1. 2. 3. Notify the Desk Officer. Remain with the prisoner until properly relieved. Search prisoners at the hospital in the presence of a witness. If the prisoner was removed from the scene of the arrest and transported directly to the hospital; A. Request a female officer, if available, to respond to the hospital to search female prisoners; List property removed and the name of the person completing search in an Official Department Memorandum Book; Search all clothing, after removal, for any weapons, evidence or contraband.
B.
C. 4. 5.
Request the Patrol Supervisor to respond to the hospital to complete the arrest procedures. Complete all necessary reports pertaining to the crime and arrest.
DESK OFFICER: 6. Arrange for personnel to guard the prisoner.
PROCEDURE NO. 3.065-1 7. Make a Day Book entry indicating the following information: A. B. C. D. E. F. 8. Prisoners name; Charges against the prisoner; Nature of injury or ailment; Room Number; Name attending physician; Arrest Number.
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Arrange to have bedside arraignment completed as soon as possible.
DESK OFFICER / VISITORS: 9. The Desk Officer may authorize visits to prisoners by the following persons only: A. B. 10. Attorney Clergy
The Desk Officer may authorize visits to prisoners by members of the family only with the permission of the Chief of Police. The following procedure will be followed for visitors: A. B. C. Application to visit is made in person; Applicants are properly identified members of the immediate family/clergy/attorney. Name and address of each person permitted to visit the prisoner is listed on the authorization; Each person named on the authorization must sign next to their name in the presence of the Desk Officer.
11.
D.
12.
Have uniformed officer deliver the authorization to guarding officer.
PATROL: 13. Respond to the hospital when informed a prisoner is being treated and or admitted.
SUPERVISOR: 14. Complete the arrest procedures.
PROCEDURE NO. 3.065-1 15. 16. Arrange to have Desk Appearance Ticket issued if prisoner is eligible.
Page 3 of 4
After the booking procedures are completed and the prisoners property receipted, the Patrol Supervisor will deliver to the Desk Officer the prisoners property and all department forms related to the arrest. Examine the room for escape potential; (i.e. windows, doors, access by unauthorized persons, etc.) If room is inadequate for security, request the prisoner be moved to a more secure room. Instruct the officer guarding the prisoner regarding security measures, visits by authorized persons, handcuffing and to be constantly vigilant. (see additional data).
17.
18.
GUARDING: 19. Be alert to prevent escape and maintain line of sight or visual contact with the prisoner at all times;
OFFICER: 20. 21. Prevent unauthorized articles from being passed to the prisoner; Make periodic security inspections of the prisoners immediate area for weapons or other contraband, (i.e. used syringes or cutting blades). No telephone calls are to be received or made by the prisoner. Absolutely no visitors will be allowed with out the permission of the Desk Officer. Have each person authorized to visit the prisoner sign the authorization letter and compare the signature to the original signature. Make an entry in an Official Department Memorandum Book listing name and times of visits to the prisoner. Will be responsible for completing all entries on the Jail Report (MV-92). When necessary to leave the prisoner for any reason, shall arrange to have a relief officer stand by during his absence. A. 28. The prisoner will not be left unattended for any reason:
22. 23. 24.
25.
26. 27.
Complete a New York State Supplemental Report if the prisoner is released or transferred to another facility. Include how released or transported, name of facility transported to and the name of the individuals making the transfer. Where the prisoner has been arraigned and remanded to County custody, Members shall be guided by current policy as promulgated by the Westchester County Department of Corrections.
A.
PROCEDURE NO. 3.065-1 29. Shall stand by the prisoner until properly relieved by the next tour.
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ADDITIONAL INFORMATION: The Departments policy is to handcuff ALL hospitalized prisoners to ensure the safety of persons present and to prevent escape. However, under certain circumstances, the use of regular handcuffs may be impractical. Furthermore, the use of regular handcuffs may be impractical if the prisoner has arm or wrist injuries, burns, etc. Leg shackles will be available for use on hospitalized prisoners if necessary. Leg shackles will not be routinely used, but only when the use of handcuffs would be impractical. Prisoners should be cuffed in the following method: One (1) cuff to the bed frame and the other cuff to the prisoner. The Patrol Supervisor will respond to the hospital and evaluate the situation whenever a prisoner is admitted. This evaluation will include a conference with the attending physician to determine the method of restraint to be used. The Patrol Supervisor will notify the Desk Officer, of the situation where it is determined that the use of regular handcuffs would be impractical. The Patrol Supervisor has the discretion to authorize that such methods of restraint not be used. However, if the condition of the prisoner significantly improves, the Patrol Supervisor will respond and reevaluate the situation regarding handcuffing the prisoner.
Procedure No. 3.066
PRISONERS / ESCAPE DURING TRANSIT

SUBJECT:
PRISONERS / ESCAPE DURING TRANSIT
PURPOSE:
To establish procedures in the event of a prisoner escape during transit.
POLICY:
The Jail Van will be used to transport all instances of multiple prisoners.
PROCEDURE:
In the event a prisoner escapes during transportation to the Westchester County Jail or other Correctional Facility, the following procedures will be followed:
MEMBER: 1.
In the event of an escaped prisoner, immediately notify this Department and the New York State Police. The radio in the Jail Van is capable of communicating with both the New York State Police and this Department. Advise communications to contact any outside agency whose jurisdiction the incident has occurred, giving all information pertaining to escape and request their assistance. Shall check the remaining prisoners to determine that no other prisoner have escaped. Secure the vehicle so that no other prisoner can escape. If necessary have replacement vehicle sent to location of escape. Request a Supervisor respond to the location of the escape. Complete a Crime Report (MV-61) and forward to the Desk Officer. File additional charges through the District Attorneys office.
2.
3. 4.
5. 6. 7.
PATROL SUPERVISOR:
8. 9. Respond to location of the escape. Shall assume supervision of all personnel involved in the search of the prisoner, and coordinate the joint efforts of all outside agencies. Investigate the reason and method of the escape. After investigation, complete a Supervisors Report (MV-93) and forwarded through the Chain of Command.
10. 11.
PROCEDURE NO. 3.066

12.
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Keep the Desk Officer apprised of all information relating to the escape.
DESK OFFICER
13. Upon being notified of a prisoners escape, shall: A. B. Make a Day Book entry; Make notification to Command Personnel in accordance with established Department Procedures. Make available any additional personnel needed to conduct the necessary search; Shall notify his Commanding Officer.
C. D.
DETECTIVES:
14. 15. 16. Shall investigate the escape and interview all witnesses and police personnel involved. If apprehension is not made, shall obtain a warrant from the Court for the suspect. Shall follow Detective Division Procedures for handling of the case warrant.
Procedure No. 3.067
PRISONER SUICIDE PREVENTION SCREENING

SUBJECT:
PRISONER SUICIDE PREVENTION SCREENING
PURPOSE:
To identify and reduce the incidence of suicides among the local prisoner population.
POLICY:
The Mount Vernon Police Department shall attempt to identify potential suicide risks and/or serious mental health problems among newly incarcerated prisoners. When such conditions are identified, the prisoner shall be kept under constant observation as long as he is in custody or appropriate aid is provided.
PROCEDURE:
1. The Desk Officer shall question arresting/transporting officers as to the mental condition of the prisoner and whether or not the prisoner displayed and depression and/or behavior that would indicate suicidal tendencies. Examine prisoners property in an effort to determine current or prior psychiatric care (Appointment cards, prescription bottles, etc.) Only Desk Officers that are N.Y. State certified shall conduct the screening interview and prepare the Suicide Prevention Screening Guidelines for all prisoners lodged in the lockup at Headquarters. If, after the completion of the screening interview it is determined that the prisoner: A. B. Answers YES to question 1, 8, 9, 11, 0r 16a and 16b; or Scores in the High Risk (eight (8) or higher), then this prisoner will be considered HIGH RISK, AND the Desk Officer shall place prisoner under constant supervision. Although prisoner may NOT have scored in those High Risk areas outlined above, the Desk Officer, in his judgment, may order a prisoner to be placed under Active Constant Supervision.
2.
3.
4.
C.
CONSTANT ACTIVE NORMAL SUPERVISION: DEFINITIONS: CONSTANT SUPERVISION: ACTIVE SUPERVISION:

1. Uninterrupted personal visual observation of prisoners by Member responsible for care and custody of prisoners. Immediate availability to prisoners by Member responsible for care and custody of prisoners including but not limited to: Supervisory visits to be conducted at a minimum of fifteen (15) minute intervals, and;
PROCEDURE NO. 3.067

2.
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The ability of a Member to communicate orally with prisoner and respond.
NORMAL SUPERVISION:
Condition of prisoner checked, by actual visits to cells at intervals not to exceed thirty (30) minutes.
5.
6.
Any prisoner who displays signs of drinking, although not considered intoxicated, shall be placed under ACTIVE SUPERVISION, at least for as long as it takes for condition to improve. If, at anytime, a prisoner is identified as suicidal or displaying serious mental health problems, his name shall be entered in the HIGH RISK ROLODEX FILE maintained behind main Desk. Also includes shall be his DOB, DCJS, NCIC numbers or any other information which may be useful for future identifications. This shall be pursued every prisoner is placed into a cell. A thorough search of every prisoner shall be conducted by the arresting officer in the presence of the Desk Officer. All property shall be removed, appropriately vouched and stored. Arresting Officer will be sensitive to and always remove neckties, scarves, belts, shoelaces, etc. and store with other property. Appropriate entry shall be made on property receipt. If a prisoner, although under CONSTANT SUPERVISION attempts to harm himself or clearly displays paranoia or hallucinates, it will be necessary to have individual examined by a psychiatrist at the Westchester County Medical County. Should Court be in session, the Judge shall immediately be notified, the prisoner arraigned and immediately transported to the Westchester County Forensic Unit along with Commitment papers, and the pink copy of the Suicide Prevention Screening Guideline Form (#330-ADM). If court is not in session, the Judge will be contacted, at home if necessary, Commitment Papers prepared, taken to the Judge for signature and previous procedure, outlined above, followed. If, in the judgment of the Desk Officer, it is necessary to restrain this individual, the ambulance will be contacted and the appropriate restraining equipment applied under the supervision of medical personnel; and if necessary, transported to the Westchester County Medical Center by ambulance. If it is impossible to conduct the screening because of a language barrier, prisoner will be placed on CONSTANT supervision. If any changes in a prisoners condition is detected, it shall be noted on the FORM #330-ADM. Should these changes constitute or result in a change of designation, this should also be noted. Date and time will preface these entries. The pink copy shall always accompany the prisoner when being transferred from Headquarters lockup. Designated Risk prisoners will be kept under CONSTANT SUPERVISION during transportation. White copy of FORM #330-ADM will be forwarded to the Bureau of Administration, yellow copy will remain at Main desk. In addition, the Bureau of Administration, yellow copy will remain at Main Desk. In addition, the Bureau of Administration will provide a Rolodex File of High Risk persons for the Desk Officers reference at each and every booking as part of the screening process. Desk Officer shall ensure that every High Risk prisoner is entered in the High Risk prisoner is entered in the High Risk Rolodex. If a Designated Risk prisoner is released, the Desk Officer will review the form, evaluate the prisoner and determine if the prisoner might be a danger to himself or others after release. If it is determined that he might be risk or the answer to question #9 remains YES, Crisis Intervention Services will be notified and the Desk Officer guided by their directions. If they decide to respond, the prisoner will not be released until their arrival. If Crisis Team decides to commit individual, pink copy of FORM #330ADM will be supplied. If the prisoner is released, pink copy to be destroyed. White and yellow copy will be filed as in paragraph 13.
7.
8.
9.
10.
11.
12.
13.
14.
PROCEDURE NO. 3.067

15.
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The Detention Officer is responsible for the correct entries on the Jail Form and will be aware of the designation of each prisoner under his control. He will be especially watchful for verbal and behavioral indications of suicidal intent or serious mental health problems. These observations will be routinely made during regular security checks. Note worthy indications include, but are not limited to: A. B. C. D. E. F. Semiconscious or unconscious state; Depressed state, indication of withdrawal, periods of crying, insomnia, sluggishness; Extreme restlessness, pacing up and down; Sudden drastic change in mood, eating or sleeping habits; Signs of drug or alcohol withdrawal or intoxication; and Signs of serious mental health problems such as health problems such as hallucinations and delusions. It shall be the duty of the Desk Officer to properly screen each prisoner, properly complete FORM #330-ADM and to ensure proper performance of Detention Officer.
NOTE:
16.
Desk Officers shall notify their relief of any DESIGNATED RISK prisoners in custody when reporting for duty. The Desk Officer will examine the FORM #330-ADM of each prisoner under his control and familiarize himself with the backgrounds of all prisoners in custody.
18.
Should it be necessary to administer First Aid, while awaiting the arrival of medical personnel and an ambulance, personnel may utilize the First Aid Kit behind the Main Desk.
Procedure No. 3.068
CELL BLOCK VIDEO CASSETTE RECORDER

SUBJECT:
CELL BLOCK VIDEO CASSETTE RECORDER
PURPOSE:
To establish procedure in video taping persons charge with D.W.I. and/or any offense which in the opinion of the Booking Officer warrants same.
PROCEDURE:
A videocassette recorder in the Jail Attendants office shall be utilized as prescribed below.
ARRESTING / BOOKING OFFICERS: 1.

Two (2) video cameras have been mounted to record the Booking and Coordination Test Procedure. Camera angles vary depending on which camera is selected. Cameras are selected on the switch box located in the Jail Attendants office (see attached diagram). A. B. 2. Camera number fifteen (15) provides a view of the Holding Cell. Camera number sixteen (16) provides a view of the Cell Block Corridor.
A microphone has been installed in the Booking Area to record the audio portion of the Booking Procedure and/or Motor Coordination Test. Give all required warnings and instructions in a clear, concise tone of voice to ensure proper recording. D.W.I. packets (secured at the Desk) will now contain one (1) videocassette in addition to the standard D.W.I. Report Forms. The videocassette will be used to record the D.W.I. Booking Procedure, required warnings and Motor Coordination test. It will then be entered into EVIDENCE in accordance with established Departmental Procedure. The report forms will continue to be handled as in the past (Forwarded to Support Services Division for processing). To operate videocassette recorder: A. B. C. D. Load videocassette tape into recorder; Select camera number 15 or 16; Hold record button down while pressing the play button; Press the stop/eject button to end recording and to remove videocassette.
3.
4.
Procedure No. 3.069
NYS DNA DATABANK QUALIFYING OFFENSES

Date Issued 8/11/06 Effective 8/11/06 History OPS 04-06
Page 1 OF 3 Revised
SUBJECT: NEW YORK STATE DNA DATABANK QUALIFYING OFFENSES PURPOSE: The purpose of this order is to establish a policy and procedure for collecting DNA specimens for the NYS DNA Databank. POLICY: Any person freed from Mount Vernon City Court on a conditional discharge following a conviction for any qualifying offense listed in section 995(7) of the Executive Law shall provide a DNA specimen to the C.I.U. (Criminal Identification Unit) prior to his/her release. PROCEDURE: A prisoner attendant shall give notice to C.I.U. of any person freed from Mount Vernon City Court on a conditional discharge for any qualifying offense listed in section 995(7) of the Executive Law. C.I.U. shall then ensure that the person released to the custody of the prisoner attendant provide a DNA specimen as per the instructions found in the DNA Databank Specimen Collection Kit. C.I.U. shall make two (2) copies of the New York State DNA Databank Specimen Submission Form. One copy shall be forwarded to the Mount Vernon office of the Westchester County District Attorney. The other copy shall be kept on file in C.I.U. C.I.U. shall use the NYSDCJS Convicted Offender DNA Databank Kit Order Form to keep an adequate inventory of DNA specimen collection kits. DNA QUALIFYING OFFENSES: The New York State DNA Databank was created in 1994. Offenders convicted of certain qualifying offensesyouthful offenders are not qualifying, but juvenile offenders aremust, after sentencing, provide a DNA sample for inclusion in the DNA databank. The list of qualifying offenses was expanded in June 2006 to include all of the listed offenses. 120.00 assault in the 3rd. degree 110.00/120.12 attempted aggravated assault upon a person less than 11 years old 110.00/120.13 attempted menacing in the 1st. degree 120.14 menacing in the 2nd. degree 120.15 menacing in the 3rd. degree
PROCEDURE NO. 3.069
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120.20 reckless endangerment in the 2nd. degree 120.45 stalking in the 4th. degree 120.50 stalking in the 3rd. degree 110.00/120.55 attempted stalking in the 2nd. degree 130.20 sexual misconduct 110.00/130.20 attempted sexual misconduct 110.00/130.25 attempted rape in the 3rd. degree 110.00/130.40 attempted criminal sexual act in the 3rd. degree 130.52 forcible touching 110.00/130.52 attempted forcible touching (where the victim is less than 18 or the has previously been convicted of a sex offense or sexually violent offense, 130.52 or 130.55, or an attempt thereof) 110.00/130.53 attempted persistent sexual abuse 130.55 sexual abuse in the 3rd. degree 110.00/130.55 attempted sexual abuse in the 3rd. degree (where victim is less than 18 or the offender has previously been convicted of a sex offense or sexually violent offense, or 130.52 or 130.55, or an attempt thereof) 130.60 sexual abuse in the 2nd. degree 110.00/130.60 attempted sexual abuse in the 2nd. degree 110.00/130.65-a attempted aggravated sexual abuse in the 4th. degree 135.05 unlawful imprisonment in the 2nd. degree 110.00/135.10 attempted unlawful imprisonment in the 1st. degree 140.15 criminal trespass in the 2nd. degree 140.35 possession of burglars tools 155.25 petit larceny 260.10 endangering the welfare of a child 260.25 endangering the welfare of an incompetent or physically disabled person
PROCEDURE NO. 3.069
Page 3 OF 3
230.04 patronizing a prostitute in the 3rd. degree 110.00/230.04 attempted patronizing a prostitute in the 3rd. degree 110.00/230.05 attempted patronizing a prostitute in the 2nd. degree 110.00/255.25 attempted incest 110.00/263.11 attempted possessing an obscene sexual performance by a child 110.00/263.16 attempted possessing a sexual performance by a child
MOTOR VEHICLE ACCIDENTS

SUBJECT:
PURPOSE:
To gather and record information in relation to motor vehicle accidents as required by the N.Y.S. Vehicle and Traffic Law.
DEFINITION : VEHICLE ACCIDENT One which occurs on a public highway or on a street between building lines and involves a vehicle including a parked vehicle, attended or unattended, or vehicles on private property to which the public has access.
VEHICLE -
Every device in, upon, or by which any property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
LEGAL REFERENCES:
Section 159 Vehicle & Traffic Law Section 605 Vehicle & Traffic Law Section 125 Vehicle & Traffic Law
PROCEDURE:
Upon notification or observation of a vehicle accident Members shall complete the proper vehicle accident form in accordance with the following procedures.
MEMBER:
1. 2. Respond to the scene of the accident and park RMP so that it will not impede traffic; Divert as necessary; A. B. Notify the Street Supervisor if additional units are needed for traffic; Have the Emergency Equipment Vehicle respond and place traffic cones as needed;
3.
Obtain drivers licenses, vehicle registrations, insurance identifications for all vehicles involved; A. Record all required information and credentials of drivers;
PROCEDURE NO. 3.080

4. Complete the appropriate Motor Vehicle Accident Report; A. B. C. MV-23 Property damage accidents only; DMV-104A Personal Injury or Fatal accidents; MV-23A Serious Personal Injury or Fatal accidents; (1) 5. To be completed by certified accident investor ONLY;
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Request Patrol Supervisor and notify the Desk Officer if an accident investigator is required at the scene; Have any injured parties removed to the Emergency Room as soon as possible. If injured was ejected from vehicle place markings on pavement where injured was found for reference by an Accident Investigator if necessary; Have vehicles removed as soon as practical. If vehicles are moved prior to the arrival of an Accident Investigator, markings on pavement should be made for reference by the Investigator; Determine the cause of the accident by inquiry and observation, when possible; If necessary, take summary action (i.e. arrest, or summons); Sign and submit all reports to the Desk Officer for review;
6.
7.
8. 9. 10.
DESK OFFICER:
11. Upon request for an accident investigator shall follow procedures set forth for Serious Personal Injury and Fatal accidents. Shall review all reports for accuracy and completeness and forward to the Support Services Division;
12.
MEMBERS:
13. FIRE HAZARDS: A. When an officer is called to the scene of a motor vehicle accident where potential for a fire is readily apparent, the Fire Department will be notified and requested to respond. The Street Supervisor will be notified and shall respond if necessary.
B. 14.
HIT AND RUN ACCIDENTS (PERSONAL INJURY): A. Department personnel will conduct a thorough investigation of all hit and run accidents. The investigation should be pursued as far as practicable to establish the identity and affect an arrest of the hit and run driver. The Detective Division shall investigate all hit and run motor vehicle accidents involving personal injury.
B.
15.
MOTOR VEHICLE ACCIDENTS INVOLVING HAZARDOUS MATERIALS: A. The Fire Department will be notified immediately.
PROCEDURE NO. 3.080

B.
Page 3 of 3
Whenever a motor vehicle accident involves a vehicle transporting hazardous material, the investigating officer shall take all necessary steps to ensure the safety of all persons at or near the scene. Initial responders should remain upwind from the suspected hazardous material and utilize Department Procedures regarding hazardous materials in making a preliminary assessment of the situation. The driver of the vehicle should be interviewed to determine the nature of the material and to determine if the appropriate placards are displayed on the vehicle. The Street Supervisor shall respond to the scene and make an assessment of the situation. The Desk Officer will make the appropriate notifications when necessary.
C.
D.
NOTE:
A police accident report will be completed in any accident case that involves a City vehicle or if any animal is injured or killed.
ACCIDENT INVESTIGATION
SUBJECT:
ACCIDENT INVESTIGATION
PURPOSE: To establish a procedure to investigate a Serious Injury or Fatal Motor Vehicle Accident and to present facts to the District Attorney. PROCEDURE: Follow normal accident procedures and in addition: MEMBERS: 1. Detain all drivers involved and any witnesses; A. Obtain following information from all persons involved: (1) (2) (3) (4) (5) 2. 3. 4. 5. Name Address Telephone Number (Home & Work) Drivers License Numbers All vehicle registration information
Notify the Desk Officer that an Accident Investigator is needed at the scene of the accident; Request Street Supervisor to respond to the accident scene. Take pictures prior to moving of injured persons if practical; Do not disturb the accident scene unnecessarily; A. Indicate with chalk the positions of vehicles or injured persons if any movement is necessary;
UNCONSCIOUS PERSONS: 1. Any operator of a motor vehicle shall be deemed to have given his consent to a chemical test. Therefore, an arresting officer may request a doctor or other medical personnel specified by the Vehicle and Traffic Law to withdraw blood from an unconscious driver for use in a DWI PROSECUTION . The evidence obtained, through the procedure in the preceding paragraph is admissible only in Vehicle and Traffic Law cases. In the case of an accident in which Penal Law criminal charges may result, where the suspect operator is unconscious, a court order MUST be
Page 2 OF 4
obtained prior to blood withdrawal for the results to be admitted in the subsequent criminal trial. Every effort should be made to obtain the blood sample within two (2) hours of the defendants arrest. Because the law in regard to the two (2) hour limit has been exceeded. 7. Section 60.75 of the Criminal Procedure Law allows the introduction of a blood test result into evidence in support of criminal charges where those charges have been joined with the charge of Driving While Intoxicated or Driving While Under the Influence of Drugs. Where a person other than the defendant has suffered serious physical injury or death, the PREFERRED procedure is to obtain a court order pursuant to VTL Section 1194 (a). While CPL Section 60.75 allows for the introduction of a blood test result from an unconscious defendant obtained without a court order, no blood may withdrawn from a conscious defendant who refuses a chemical test UNLESS a Compulsory Chemical Test Order is obtained from the court.
8.
Compulsory Court Ordered Chemical Testing. Request for court ordered chemical testing can only be made when a person, other than the operator, has been killed or suffered serious personal injury as defined in Section 10.00 of the Penal Law. Section 1194-3 (a) of the NYS V&T Law states that no person who operates a motor vehicle may refuse to submit to a chemical test for the purpose of determining the alcohol or drug content of his/her blood when court order for such chemical test has been issued in accordance with law. A. An ORAL REQUEST for a court order to take blood from a person who refused to submit to a chemical test or is unable to give his/her consent, may be communicated by a police officer or district attorney to a Supreme Court Justice, County or District Court Judge by telephone, radio or other electronic means, or in prison. (1) The police officer must identify himself and state the purpose of his communication. The Judge shall place the police officer under oath. Having been duly sworn, the applicant must state that such person: (a) (b) Has been lawfully arrested; and After that arrest, refused the chemical test or is unable to give his consent; and Was the operator of a motor vehicle and in the course of such operation, a person, other than the operator, had been killed or suffered serious personal injury, as defined in Section 10.00 of the Penal Law; and Either such person operated the vehicle in violation of any subdivision of Section 1192 of the NYS V&T Law, or a breath test administered by a police officer in accordance with Section 1193
(2) (3)
(c)
(d)
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(a) of the NYS V&T Law has indicated the alcohol has been consumed by such person. (4) The police officer must make specific allegations of fact to support his/her statement. Any other person properly identified, may present sworn allegations of fact in support of the applicants statement. After the order is orally granted, the officer will fill in the written order and read the order back to the judge. If the judge approved the order as read to him, the officer will fill in the judges name as well as his own. No action shall be taken in regard to obtaining a blood sample until the officer has completed a written order. Failure to complete the written order will result in court suppression of any test result obtained. Following withdrawal of the blood sample, a copy of the written order as prepared by the police officer will be forwarded to the judge who granted it. It is necessary that the judges signature be obtained upon the order. The judges signature be obtained upon the order. The judges name upon the order. Copies of these necessary court order forms are available in the report writing room.
(5)
SUPERVISOR : 6. Notify the Detective Division to have a Detective team respond to the scene of the accident to take statements and initiate a Detective Division case. The Street Supervisor shall insure that procedures for the blood withdrawal from unconscious persons are followed as described in this order.
DESK OFFICER: 7. Shall notify an accident Investigator to respond to the scene of the accident.
8. Shall note in the Day Book the time of the accident, who the accident investigator notified is, and any other notification required by Department Procedure. MEMBER: 9. Complete an MV-61A indicating the injuries to all involved, where they were transported and who treated them. Refer to procedures for Aided Cases. Upon completion of the report he should turn all reports over to the Accident Investigator. Complete an MV-51 (Towed Vehicle Report) for each vehicle to be towed and turn them over to the Accident Investigator once they are signed and the vehicle has been towed. Determine if any of the operators of the vehicles involved have been drinking alcoholic beverages. If necessary request operators to submit to a breath screening test and/or motor sensory test. If any operator is found to be driving while intoxicated the officer will follow the prescribed Department Procedures for D.W.I. and Compulsory Chemical Testing. Turn all D.W.I. papers over to the Accident Investigator.
10.
11.
12.
13.
PROCEDURE NO. 3.081-1 ACCIDENT INVESTIGATOR: 14.
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Respond to the scene of the accident and initiate an investigation, take photos, take measurements and make a diagram of the accident scene:
NOTE: All diagrams should use the triangulation method where ever possible. 15. 16. 17. Prepare all forms included in the MV-23A (Accident Investigation Packet). Prepare the required (DMV-104A) accident report; Obtain any reports prepared by other officers at the scene of the accident and attach them to the MV-23A.
SUPERVISOR: 18. Make available to the Accident Investigator the necessary personnel to aid him in the taking of measurements and for traffic details; Shall coordinate all Emergency Services needed at the accident scene.
19.
SUPPORT SERVICES DIVISION: 20. In the event of a serious personal injury or fatal accident, the Support Services Division will have the vehicles inspected by a certified mechanic as prescribed in established Department Procedures.
ARRESTING OFFICER: 21. If an arrest is to be made, the officer making the arrest shall transport the suspect to Headquarters for processing; If the arrest is for DWI , the arresting officer should note the time of the occurrence and be cognizant of the two (2 ) hour rule for performing the Breath Test. Shall advise the Desk Officer/Booking Officer as to the impending charges. Should complete the DWI packet in accordance with Department Procedures for DWI; Shall complete a separate report (MV-61) for arrest; Shall turn all reports over to the Desk Officer upon completion of the arrest.
22.
23. 24. 25. 26.
DESK OFFICER: 27. Shall notify a Breath Test Operator to respond to Headquarters to administer the Breath Test in accordance with Department Procedures; Upon completion shall review all reports for accuracy and completeness and forward them to the Support Services Division.
28.
Procedure No. 3.083
VEHICLES INVOLVED IN INJURIES RESULTING IN ARREST

SUBJECT:
VEHICLES INVOLVED IN INJURIES RESULTING IN ARREST
PURPOSE: To establish a procedure requiring that vehicles involved in personal injury incidents, resulting in an arrest, are inspected by a certified mechanic. PROCEDURE: Effective immediately, whenever a motor vehicle is involved in a personal injury, to anyone other than the operator, which results or will result in criminal and/or a Vehicle & Traffic (felony, misdemeanor or section 1192 sub. 1) charges, the following procedure shall be followed: POLICE OFFICER: 1. The vehicle shall be impounded as evidence, (Requiring the submission of an MV51), and: The impounding officer shall notify Support Services Division of each evidence seizure, (during regular business hours, Support Services will decide whether the vehicle shall be taken. At all other times it shall be removed to the City contracted impound yard), and;
2.
SUPPORT SERVICES DIVISION: 3. The Support Services Division shall then have the vehicle inspected by a certified mechanic for brakes, steering, etc., and; Upon receipt of the mechanics report shall forward same to the District Attorneys Office. Vehicle shall not be released until authorized, in writing, by the District Attorneys Office. On any occasion where a vehicle is involved in the death of any person, the vehicle shall, as in the past, be impounded and a Detective Division case initiated.
4.
5.
NOTE:
MOTOR VEHICLE ACCIDENTS INVOLVING MEMBERS

SUBJECT:
PURPOSE:
MOTOR VEHICLE ACCIDENTS INVOLVING MEMBERS
To establish a procedure that is in accordance with the New York State Vehicle and Traffic Law relating to Motor Vehicle Accidents involving a Member of the Department while on duty. PROCEDURE: When a Member operating a Department vehicle is involved in a Motor Vehicle Accident, he/she will immediately, if not incapacitated: MEMBER: 1. 2. 3. Notify his/her immediate Supervisor; Remain at the scene; Summon medical assistance, if necessary.
SUPERVISOR: 4. 5. Supervisor shall immediately respond to the scene and conduct an investigation. Supervisor shall insure that all the necessary reports are filed, relative to the Vehicle and Traffic Law and the Department Rules and Regulations. Supervisor shall notify the Desk Officer; Supervisor shall submit a Supervisors Report (MV-93) with his/her conclusions and recommendations to the Commanding officer of the Patrol Division. Supervisor shall ensure that Department of Motor Vehicle form MV-104L, is properly filled out and submitted to Support Services Division with all accident reports.
6. 7.
8.
NOTE: When members of Divisions, other that Patrol, are involved and their Divisional Supervisors are not on duty, the Patrol Supervisor shall conduct the investigation. Upon completion, the Supervisor shall forward his/her conclusions to the Commanding Officer of the concerned Division through the Commanding Officer of the Patrol Division.
PROCEDURE NO. 3.084-1 DESK OFFICER: 9. Desk Officer shall make a brief entry in the Day Book of the occurrence.
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COMMANDING OFFICER: 10. Commanding Officers shall evaluate the Investigating Supervisors Report and endorse it with his/her recommendations and forward same to the Office of the Chief of Police.
MEMBERS: ADDITIONAL RESPONSIBILITIES OF MEMBERS INVOLVED Effective March 11,1994 by Directive of the Commissioner of Motor Vehicles, (Directive P 11 (1994) ), a police officer or firefighter, operating a department vehicle, who is involved in a motor vehicle accident while on duty, is not required to file a Report of a Motor Vehicle Accident (FORM MV-104, provided that a Report of Motor Vehicle Accident, Police Line of Duty Accident Report (FORM MV-104L) is attached to either: A. Property Damage Accident Report FORM MV-23 or
B. Police Accident Report FORM MV 104A and submitted to the Department of Motor Vehicle.
Supervisors shall ensure that FORM MV-104L is filed with any Police Accident Report concerning an on-duty police officer or firefighter, who, while operating a Department vehicle, is involved in a reportable motor vehicle accident. NOTE: The POLICE ACCIDENT REPORT MV-104A, Operator Section shall contain the police officer, firefighters 1 complete drivers information EXCLUDING OPERATORS RESIDENCE ADDRESS. THE EMPLOYMENT ADDRESS IS USED.
FOOTNOTE: 1 Source of Information: DMV Directive P (1994), Dated March 11, 1994
Procedure No. 3.085
ACCIDENTS AND INCIDENTS CITY INVOLVED

SUBJECT:
ACCIDENTS AND INCIDENTS CITY INVOLVED
PURPOSE: To assist the City in processing cases in which it could be a party to a civil suit and to establish a procedure for the taking of photographs of accidents and city involved incidents. DEFINITION: CITY INVOLVED: Any incident reported on an AIDED REPORT, MV-61A or DETAILED VEHICLE ACCIDENT REPORT which may involve the City in a civil action. PROCEDURE: When it is determined that the City may be involved in an incident, follow the normal aided or accident procedure and in addition; MEMBER: 1. Prepare an Accident Report City Involved (MV-75) in addition to normally required forms (MV-61A) and or accident reports; Take photographs of the scene with 35 mm camera at time of occurrence. The exact location of the sidewalk fall must be circled or indicated in some manner with chalk or other suitable marking device in case additional photos are needed at a later time. A. In addition to the photographs the police report must contain the Members detailed description of the defect, (1.e. slab raised approximately two inches, hole approximately 12 inches long X 12 inches wide X ten inches deep, depressed storm drain cover approximately 6 inches deep etc.
2.
3.
On the reverse side of this order there are three photographs depicting the different aspects (camera angles) desired for photographic evidence. The sample pictures are of a defective sidewalk; Photo # 1. This photo depicts the general location of the sidewalk fall placing the alleged defect in relation to the abutting property.
Photo # 2.
This photo depicts the entire sidewalk slab, which, as you can see, is slightly raised.
PROCEDURE NO. 3.085 Photo # 3.
Page 2 of 2 This photo is a close-up of the raised portion of the slab measuring two inches high.
4.
The photographs must also be labeled with the time, date taken and the incident number. Complete the incident identification card with bold black marker and place clearly in photograph. The photographs must be taken as soon as possible after the alleged occurrence in order to verify same. The quality of the photograph is of the utmost importance and due care must be exercised to provide the best possible documentation. Should be followed in all types of accidents or incidents that require photographs, whether sidewalk/street falls, motor vehicle accidents, property damage, etc. The guide reflects the necessary landmarks and relationships and may be adhered to in almost all situation: Submit report to the Patrol Supervisor;
5.
NOTE:
6.
DESK OFFICER: 7. Review and sign reports.
SUPPORT SERVICES DIVISION: 8. Forward copy of ACCIDENT REPORT CITY INVOLVED (MV-75) to the Law Department with photographs. Forward additional copy of the report to the City Department involved as indicated below (MV-61, MV-75, Accident Report) CONDITION Traffic signs, stanchions, signal lights, etc.
9.
DEPARTMENT Department Public Works Department Public Works Municipal property damage (real, or buildings). Fire Department Fire and Water Dept. Comptrollers Office (not used as municipal).
Persons killed or injured on municipal property (real or buildings)
Damaged fire alarm box or post. City Hydrants City owned buildings or real property
Procedure No. 3.100
DISPATCHING DEPARTMENT VEHICLES

SUBJECT:
DISPATCHING DEPARTMENT VEHICLES
PROCEDURE: 1. Radio Motor Patrol Sectors and Motorcycle Units located north or south of Metro North Railroad tracks will not be dispatched to assist or backup another sector car across this boundary line unless there is no other unit available on the north side or south side. Under no circumstances will Public Safety Dispatchers, or Police Officers assigned to Communications dispatch vehicles broadcasting all cars respond, unless requested by a Superior Officer. A. The Patrol Supervisor shall closely monitor all dispatched calls and may countermand any broadcast.
2.
3.
The Patrol Supervisor or ranking superior officer actually at the scene of a serious incident may order additional or all vehicles to the area if he deems it necessary. No more than two (2) marked units, (Sector Cars or Motorcycles), not including Patrol Supervisor, to be dispatched on any original call. Patrol Supervisors, upon arriving at the scene, will immediately evaluate the situation and request additional units if needed or return the personnel not needed back in service. Members assigned to Patrol Units shall not respond to any call outside of their sector boundary without receiving authorization from the Emergency Services Dispatcher or Patrol Supervisor.
4.
5.
6.
RESPONDING TO CALLS
SUBJECT:
RESPONDING TO CALLS
PURPOSE: To establish procedures for the operation of emergency vehicles when responding to calls. RESPONSIBILITY: Police officers responding to calls in an emergency vehicle should be cognizant of the inherent danger to themselves, members of the public and damage to property when operating police vehicles. While Section 1104 of the New York State Vehicle and Traffic Laws exempt a police vehicle from violations, when involved in an emergency operation, the operator has to be aware of his responsibility. Members shall be familiar with all subdivisions of SECTION 1104 of the New York State Vehicle and Traffic Law as follows: SECTION 1104. NEW YORK STATE VEHICLE AND TRAFFIC LAW Authorized emergency vehicles: (a) The driver of an authorized emergency vehicle, when involved in an emergency operation, may exercise the privileges set forth in this section, but subject to the conditions herein stated. The driver of an authorized emergency vehicle may : 1. 2. Stop, stand or park irrespective of the provisions of this title; Proceed past a steady red signal, a flashing red signal or a stop sign, but only after slowing down as may be necessary for safe operation; Exceed the maximum speed limits so long as he does not endanger life or property; Disregard regulations governing directions of movement or turning in specified directions.
(b)
3. 4.
(c).
Except for an authorized emergency vehicle operated as a police vehicle, the exemptions herein granted to an authorized emergency vehicle shall apply only when audible signals are sounded from any said vehicle while in motion by bell, horn, siren, electronic device or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp so that from any direction, under normal atmospheric conditions from a distance of five hundred (500) feet from such vehicle, at least one (1) red light will be displayed and visible.
Page 2 of 3
(d).
An authorized emergency vehicle operated as a police, sheriff or deputy sheriff vehicle may exceed the maximum speed limits for the purpose of calibrating such vehicles speedometer. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of the others. Notwithstanding any other law, rule or regulation to the contrary, an ambulance operated in the course of an emergency shall not be prohibited from using any highway, street or roadway; provided, however, that an authority having jurisdiction over any highway, street or roadway may specifically prohibit travel thereon by ambulance if such authority shall deem travel to be extremely hazardous and would endanger patients being transported thereby.
(e).
(f).
Members shall be cognizant of existing weather conditions and road surfaces, and operate vehicle accordingly. The following guide shall determine which calls be considered emergencies that require a lights and siren response and which calls are emergencies that require a silent run. 1. EMERGENCY LIGHTS AND SIREN: A. B. C. D. E. 10-12 Weapon involved 10-12 Dispute 10-13 Officer needs assistance 10-85 Additional Units (Only in instances that are emergency situations) 10-36 Assault in progress (including rapes and other acts of violence that are in progress) 10-50 Motor vehicle accident involving injuries 10-50/51 Accidents where it is unknown if injuries are involved. 10-52 Aided case ONLY life threatening situation when no ambulance is responding.
F. G. H.
2.
EMERGENCY CALL SILENT RUN LIGHTS NO SIREN: A. B. C. D. E. F. 10-30 Robbery in progress 10-31 Burglary in progress 10-32 Larceny in progress 10-65 Holdup alarm 10-66 Burglar alarm Including other crimes against property that are in progress: e.g., criminal mischief
Page 2 of 3
3.
Siren may be used on silent runs when vehicle is far enough away from actual crime scene that it would not alert perpetrators that police are responding. 4. All other calls are to be considered non emergency, but responded to as quickly as conditions allow. EMERGENCY EQUIPMENT: A. The proper use of emergency equipment is essential to the safety of the police officer and other motorist (s). Officers shall utilize emergency equipment when situations warrant such use, and shall exercise extreme caution while engaged in emergency operations. Authorized emergency equipment contained in or on vehicles used for patrol include; emergency red light, emergency flashers, take-down lights, spotlight siren, and public address system. Emergency equipment shall be used in the following manner. (1) Emergency red lights and flashers must be used to protect the patrol vehicle at hazardous locations, to signal traffic violators to the extreme right/left of the roadway as conditions may dictate, and while engaged in emergency operations. Spotlights and take-down lights shall be used to protect the officers from hazardous conditions, i.e., illumination of the interior of a vehicle during a traffic stop, or in conjunction with red lights and flashers when making a traffic stop. Sirens shall be used when signaling violators to stop, when other means of attracting them have failed, and to expedite the officers arrival to a destination, based on existing traffic on roadway conditions. Discretion should be used because sirens can complicate traffic problems. Under extreme condition the siren should be actuated continuously. Sirens and emergency lights in combination shall be utilized during pursuit situations and in response to an emergency or crime in progress, as appropriate. Public address systems can be used to give general information to the public, and to give instructions to motorist from a distance.
5.
B.
(2)
(3)
(4)
(5)
Procedure No. 3.102
FRESH PURSUIT PROCEDURES

SUBJECT:
PURPOSE:
FRESH PURSUIT PROCEDURES
To establish procedure to be followed by operators of emergency vehicles (Police) involved in a pursuant, as well as the procedure to be followed by Members of the Force encountering or assisting other Members or other Law Enforcement Officers in a pursuit. DEFINITIONS: PURSUIT A police vehicle pursuit consists of three elements: 1. 2. 3. A motorist knows a Police Officer wants him to pull over and stop. The motorist deliberately takes action in an attempt to evade the Officer. The Officer engages in an attempt to overtake and stop such motorist.
Traveling at high speeds to overtake and stop a motorist is not a pursuit until pursuing officer believes that the motorist is deliberately attempting to evade the Officer. PRIMARY VEHICLE vehicle initiating pursuit. SECONDARY VEHICLE first additional unit assisting in pursuit. RESPONSIBILITIES Officers engaged in a pursuit of any type of offender, should employ the utmost caution. Officers must always be aware of the inherent dangers to themselves, innocent bystanders, private property and of the subject being pursued when they are engaged in a pursuit. Department policy requires that a vehicle pursuit be terminated whenever the risks to Department Members or the public out weight the danger to the community if the suspect is not immediately apprehend. If the chase is terminated, Members will attempt to obtain sufficient information to effect apprehension. While Section 1104 of the New York State Vehicle and Traffic Laws exempt a police vehicle from violations, when involved in an emergency operation, the operator has to be aware of his responsibility. Members shall be familiar with all subdivisions of SECTION 1104 of the New York State Vehicle and Traffic Law as follows:
PROCEDURE NO. 3.102 SECTION 1104 NEW YORK STATE VEHICLE AND TRAFFIC LAW
Page 2 OF 5
AUTHORIZED EMERGENCY VEHICLES (a) The driver of an authorized emergency vehicle, when involved in an emergency operation, may exercise the privileges set forth in this section, but subject to the conditions herein stated. The driver of an authorized emergency vehicle may: 1. 2. Stop, stand or park irrespective of this title; Proceed past a steady red signal, a flashing red signal or a stop sign, but only after slowing down as may be necessary for safe operation; Exceed the maximum speed limit so long as he does not endanger life or property; Disregard regulations governing directions of movement or turning in specified directions.
(b)
3. 4.
(c)
Except for an authorized emergency vehicle operated as a police vehicle, the exemptions herein granted to an authorized emergency vehicle shall apply only when audible signals are sounded from any said vehicle while in motion by bell, horn, siren, electronic device or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp so that from any direction, under normal atmospheric conditions from a distance of five hundred (500) feet from such vehicle, at least one (1) red light will be displayed and visible. An authorized emergency vehicle operated as a police, sheriff or deputy sheriff vehicle may exceed the maximum speed limits for the purpose of calibrating such vehicles speedometer. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. Notwithstanding any other law, rule or regulation to the contrary, an ambulance operated in the course of an emergency shall not be prohibited from using any highway, street or roadway, provided, however, that an authority having jurisdiction over any such highway, street or roadway may specifically prohibit travel thereon by ambulance if such authority shall deem such travel to be extremely hazardous and would endanger patients being transported thereby.
(d)
(e)
(f)
PROCEDURE: Upon observing a vehicle that is to be stopped or there is a likelihood that a vehicle pursuit may be imminent: PRIMARY MARKED VEHICLE: 1. Determine the necessity for commencing and continuing a vehicle pursuit by considering the following: A. Nature of offense.
PROCEDURE NO. 3.102 B. C. D. E. F. 2. Time of day Weather condition Location and population Capability of department vehicle Familiarity with area
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When pursuing traffic violators or stolen vehicles, the pursuit shall be abandoned at the City Line, except for a serious traffic violator.
For the purpose of this order, a serious traffic violation shall mean: A. B. Hit and run with personal injury. Suspected driving while under the influence of drugs or alcohol.
NOTE: The fact that an Officer is engaged in pursuit of a violator neither relieves nor protects the Officer from the consequences of a disregard for the safety of others. 3. Notify the radio dispatcher at the start of the pursuit and provide the following information: A. B. C. D. E. F. 4. Your location. Type of vehicle, color, and direction of travel. Nature of offense. Registration number and state of registration. Occupants. Any other pertinent.
Maintain contact with the radio dispatcher BUT DO NOT depress the transmitted key unnecessarily. A. Keep radio transmission brief and speak in normal tones.
5.
Officers assigned to mark vehicles shall have: A. B. C. D. Headlights on. Roof lights on. Siren on. Front window (s) rolled down while engaged in fresh pursuit.
6. 7.
Inform radio dispatcher of changes in direction of travel. Notify radio dispatcher if pursued vehicle is lost or pursuit is terminated. A. Give last location of vehicle, speed and direction of travel.
8.
Operate no vehicle at a greater speed than fifteen (15) miles per hour in excess of the posted or prima facie speed limit when pursuing a traffic violator or misdemeanant, except when in fresh pursuit of a suspected felon or a serious traffic violator. All pursuit vehicles shall maintain a safe distance between themselves and the fleeing vehicle.
9.
10. Generally, Officer should not attempt to overtake or pass any fleeing vehicle; they should attempt to keep the vehicle in sight and pursue at a safe distance until the suspects stops, either voluntarily or as the result of an accident.
Page 4 OF 5
Road blocking and ramming is considered a use of deadly physical force. As such, policies governing such use of force must be applied in these situations. They shall be allowed only in extraordinary situations and as directed by a Supervisor.
11.
These provisions do not lessen an Officers responsibility to make every reasonable effort to identify and affect apprehension by utilizing other available methods and resources. Department Policy dictates that Members SHALL NOT shoot at moving vehicle unless deadly physical force is being directed at them or another person, other than the vehicle itself. NO WARNING SHOTS. Request other units to respond to strategic locations to apprehend the suspect vehicle. A. B. Primary and secondary units will be only units to operate in close pursuit of the pursued vehicle. Additional units may be requested by the officers in the primary vehicle or the Supervisor, if it appears that the officers in the vehicle involved would not be able to safely effect the apprehension of the suspects. VEHICLES SHALL NOT CARAVAN BEHIND PURSUING VEHICLES.
12.
13.
STREET SUPERVISOR: 15. TERMINATE THE PURSUIT IF NECESSARY. A. Supervisors should immediately consider all conditions that may adversely affect the outcome of the pursuit, such as, hazardous weather conditions, the amount of vehicle and pedestrian traffic, the experience of the officer, the magnitude of the offense, etc. If, in the Supervisors judgment , conditions exist that do not warrant a pursuit or if the risks involved outweigh the possible gains, the pursuit should be terminated. THE SAFETY OF THE PUBLIC AND THE POLICE OFFICERS INVOLVED SHALL BE THE PRIMARY CONSIDERATION OF ANY SUPERVISOR WHEN EVALUATING A PURSUIT.
B.
C.
16.
Coordinate a search of the vicinity where the pursued vehicle was last observed.
EMERGENCY SERVICE DISPATCHER: 17. Upon notification from a mobile unit that a vehicular pursuit has been initiated, it shall be the responsibility of the dispatcher to: A. B. Immediately notify the Patrol Supervisor; Designate a secondary pursuit vehicle only if there are more than two (2) vehicles in service. NEVER commit all vehicles to a pursuit; Notify the pursuit vehicle (s) of the radio channel to be utilized during the pursuit; If the registration is known, advise all units if the pursued vehicle is wanted on an alarm or not. Notify the Desk Officer;
C. D.
E.
PROCEDURE NO. 3.102 F.
Page 5 OF 5
When two (2) vehicles have been assigned to pursuit, advise all other mobile units to remain uninvolved unless directed by the dispatcher or a supervisor. Advise another vehicle to extend its area of patrol to that area previously covered by the pursuing vehicles. Insure coordination between mobile units and other Police Department, as appropriate. As soon as possible, confer with the Patrol Supervisor to determine whether the pursuit should be continued. The final determination shall rest with the Patrol Supervisor except in those instances when countermanded by Command Officials.
G.
H.
I.
SECONDARY MARKED VEHICLE: 18. Acknowledge assignment as secondary vehicle. A. B. Allow at least five (5) car lengths distance from primary pursuit vehicle. DO NOT pass primary pursuit vehicle unless requested by that unit, or if other circumstances exist such as an accident, mechanical malfunction, etc.
UNMARKED VEHICLES: 19. Officers operating unmarked vehicles shall not engage in pursuits unless the fleeing vehicle represents an immediate and direct threat to life and property. If it becomes necessary that an unmarked car becomes involved, the operator shall notify the Dispatcher and relay all pertinent information so that an R.M.P. unit may be assigned. The unmarked vehicle shall abandon the pursuit as soon as the assigned R.M.P. can assume the pursuit. The unmarked vehicle shall then assist as a support or backup unit and follow at a safe distance and reasonable speed.
20.
21.
22.
DESK OFFICER: 23. The Desk Officer shall monitor the pursuit and supervise the radio room personnel. He shall coordinate any interaction with other departments if the pursuit leaves city limits. Insure timely notification of appropriate command officials, depending on the circumstances of the pursuit.
24.
Procedure No. 3.103
MOTOR VEHICLE STOPS

Page 1 OF 3 Revised
SUBJECT:
MOTOR VEHICLE STOPS
POLICY: The vehicle stop is a potentially dangerous task that must always be guided by common sense. The officers primary concern should be his safety while maintaining a positive image of the department. It is the policy of this department that a vehicle stop may only be initiated pursuant to: 1. 2. 3. 4. A vehicle and traffic law violation; In the investigation of a suspicious automobile and/or person (s); To affect an arrest; Or incident to a road check;
NOTE: Members must have reasonable suspicious/cause to stop a motor vehicle and must guarantee the 4th Amendment rights of the driver and passengers involved. PROCEDURE: 1. 2. Know the reason for the vehicle stop. Assess the probability of criminal activity based on the reason for the stop and on other observations. Select a stopping location. Know the stopping location and the direction of travel. A. Location should allow for maximum visibility of the patrol vehicle and its emergency lighting. Avoid stopping vehicle in hazardous areas such as curves, hill crests, or intersections. Location should allow for sufficient room off the roadway as not to interfere with the normal flow of traffic. Location should be well lighted. Location should have as few escape routes as possible. Avoid stopping vehicle in hostile environments.
3.
B. C.
D. E. F. 4.
When the patrol vehicle has closed the distance to the vehicle, the emergency lights shall be activated as necessary. The siren or horn shall be utilized only when necessary, as it has the potential to startle the operator and could result in sudden stop or a loss control.
Page 2 OF 3
When the target vehicle pulls over, position the patrol vehicle approximately ten (10 ) feet to the rear and three (3) feet to the left of center of the target vehicle in order to create a safety zone for both the operator and the officer. The wheels of the patrol vehicle should be turned toward the curb. Use any additional lights (headlights, spotlight, flashlight) to illuminate the interior of the target vehicle and assist with observation. Contact communications and relay the following information when applicable: A. B. C. D. E. Location and direction of the stop; License plate number and state of registration; Description of the vehicle; The number/description of occupants; Original reason for the stop (V&T, investigation).
6.
7.
Continually assess to the stop for potential threats and for the discarding of contraband/weapons. If the operator or occupant attempts to exit the target vehicle, direct him to remain in the vehicle. Exercise caution upon approach to the target vehicle and be alert to oncoming traffic. Be sure that the portable radio is on and at a functional volume. Upon approach, inspect the following: A. B. C. D. Trunk lid and lock cylinder; Rear seat and floor area; Door lock cylinder; It is the option of the officer to approach the target vehicle on the passenger side if conditions warrant. This may be an advantageous approach during a night stop warranting a greater degree of caution and allowing for a less predictable approach..
8.
9.
10.
Approach should stop at the drivers door post where the officer shall conduct a visual inspection of the operators hands, the area within the operators reach, and the ignition. Request the operators license, registration card, and the insurance identification card in a PROFESSIONAL AND COURTEOUS manner. These papers should be received with the officers weak hand. Never reach into a stopped vehicle and remain alert for a sudden opening of the door. If the target vehicle has back seat passengers and greater degree of caution is necessary, the officer may remain near the quarter panel of the vehicle and request that the paper work be passed to him via a passenger in the back seat. After receiving the proper paper work, explain the reason for stopping the vehicle. Avoid lecturing the operator or being drawn into an argument.
11.
12.
Page 3 OF 3
If the officer will be issuing a uniform traffic ticket or summon (es) or he is going to investigate the validity of the paper work, he shall direct the occupants to remain in the target vehicle while he return to the patrol vehicle to prepare the summons or confirm the information provided by the driver. If the driver or passenger refuses, exit the vehicle, direct the violator to sit in the patrol vehicle, unless the violator is being placed under arrest. When returning to the patrol vehicle, remain alert to the occupants of the target vehicle and watch for hazards such as the reverse lights coming on. While preparing a summons, be sure to occasionally look up from the summons and observe the occupants of the target vehicle. It is the option of the officer to return to the front passenger seat of the patrol vehicle and prepare the summons from the location. Upon your return to the target vehicle follow the precautions outlines in the original approach. Your degree of caution should not diminish. Return the operators paperwork prior to issuing a summons. Upon issuing summons, explain to the operator the date and location of the court appearance and the plea by mail section of the summons. Maintain a professional demeanor in answering any questions. Return to the patrol vehicle and wait for the target vehicle to return into traffic. Assist if necessary.
14.
15.
16.
17.
18.
Procedure No. 3.120
TWELVE (12) MOST WANTED LIST

SUBJECT:
TWELVE (12) MOST WANTED LIST
PURPOSE: Coordinate Mount Vernon Police Department Felons that are wanted into this list. PROCEDURE: DETECTIVE DIVISION: 1. When the Mount Vernon Police Department has outstanding warrants re: Felons Violent Crimes, the Commanding Officer of the Detective Division will be consulted and he will contact New York State Police.
2.
REQUIREMENTS: A. B. C. D. E. F. A good quality photograph and/or negative of wanted person. A full description of the wanted person including scars, marks, tattoos. Copy of the warrant. Brief summary of circumstances involved in the crime. Any information on possible locations where the wanted person may be residing. The names and telephone numbers of the wanted person may be responsible for locating the wanted person (warrant assigned).
Procedure No. 3.121
OPERATION C.A.T. (COMBAT AUTO THEFT)

SUBJECT:
OPERATION C.A.T. (COMBAT AUTO THEFT)
PURPOSE:
Operation CAT is a volunteer decal program which entails a more aggressive police response to auto thefts by authorizing investigative stops of participating vehicles on the basis of two decals affixed to both rear/side windows of the automobile.
PROCEDURE:
The Crime Prevention Officer will be responsible for familiarizing the public with the program, its purpose, issuing C.A.T. stickers, and maintaining the C.A.T. log book and files.
CRIME PREVENTION OFFICER:

A sample decal will be affixed to the dashboard of department vehicles as a constant reminder of the existence of the program. Vehicle owners will register for the program at Headquarters, with the Crime Prevention Officer. A police officer must personally affix an auto theft prevention sticker to the lower left corner of the vehicles rear window. The decals will contain a serial number, which can be crossed-referenced with a registration log book, which will be maintained by the Crime Prevention Officer, An additional log book and an Operation C.A.T file box will be maintained at the Main Desk. The Crime Prevention Officer will review the log book on a daily basis for such entries, and will incorporate the product of his/her findings in his/her weekly report.
POLICE OFFICERS:
When registering a vehicle for the program, the vehicle owner will sign a consent from which certifies to the department that the vehicle is not operated between the hours 0100 and 0500. Additionally, the consent form authorizes the police to stop the vehicle when it is operated during these times. This constitutes Reasonable Cause To Believe that, when the vehicle is operated during these times, it is being operated without the owners consent; thereby justifying a reasonable inquiry by the police.
DESK OFFICER: When a vehicle registered in the C.A.T program is recovered as a stolen vehicle, and/or the illegal occupants are apprehended, the Desk Officer will cause an entry to be made in the C.A.T. log book reflecting same.
Procedure No. 3.122
OPERATION ROADBLOCK
SUBJECT:
OPERATION ROADBLOCK
PURPOSE: To establish policy and procedure for the Federal Government Program known as ROADBLOCK. BACKGROUND: Since 1983 the New York Office of the FBI has enlisted the aid of local law enforcement agencies in foreign counterintelligence / counter terrorism program known as ROADBLOCK. This program requests that the Department report to the FBI sightings of vehicles bearing diplomatic license plates. This information aids the FBI in tracking the movements of members of the various foreign intelligence services in the NEW YORK area. POLICY: It is the policy of this Department to participate fully in this program. PROCEDURE: 1. Members will be issued red, white and blue cards with reporting guidelines and a 24 hour contact phone number. The FBI requests that the guidelines described on the red, white and blue cards be followed concerning sightings of vehicles bearing diplomatic license plates. They are: A. Report diplomatic license plates with the following letter pairs in the number FC, PG, GD, BL, DC, LD, QM, CY, GQ, ND, AQ, BZ, PM, DM. Report the complete license number; Location of sighting; If possible, the make, model, color, number of occupants, unusual activity, etc.
2.
B. C. D.
PROCEDURE NO. 3.122
Page 2 OF 2
3.
Also report any incidents where the above license plates (paragraph 2.A.), diplomats or purported diplomatic personnel associated with these license plates, are involved in. Such as; A. B. C. D. Motor vehicle accidents; DWI; Other motor vehicle events; Any criminal activity for which they may have been detained.
4. 5.
The 24 hour contact phone number is 212-571-0096. Be aware that diplomatic personnel are not immune from traffic citations and their driving privileges can be revoked through the United States Department of State.
Procedure No. 3.123
MOUNT VERNON CRIME STOPPERS TELEPHONE PROCEDURES

SUBJECT:
MOUNT VERNON CRIME STOPPERS TELEPHONE PROCEDURES
PROCEDURE:
1. The Mount Vernon Crime Stoppers Telephone Program (914-668-1500) has been relocated to Police Headquarters at the Main Desk. The Desk Officer and the Headquarters Clerk will be held responsible for answering this telephone and completing the Crime Stoppers Questionnaire and the Crime Stoppers Log Book. Only callers giving SPECIFIC INFORMATION relating to past unsolved crimes or future crimes will be logged. All calls will be answered in a courteous manner by responding Mount Vernon Crime Stoppers, How may I Help You The call will be entered in the Crime Stoppers Log Book in numerical sequence. The number assigned will be referred to as the Control Number. If the caller does not provide information that in all likelihood will lead to an arrest a log entry will not be made and the caller will be so informed and advised that further information is needed. Information that may initiate a Crime Stoppers investigation: A. B. C. D. E. F. Suspects name, nickname etc; or Suspects address; or Unusual or outstanding physical characteristics; or Location of crime that will be committed; or License plate number of suspects vehicle; or Any other piece of information that may enable the department to commence an investigation which has a likelihood of leading to the individuals responsible.
2.
3.
4.
5.
6.
If the caller declines to identify himself/herself, the caller will be given a code number which is the same number as the Control Number in the Crime Stoppers Log Book. Upon completion the Desk Officer will make one copy of the Crime Stoppers Questionnaire sheet, the original will be forwarded to the Deputy Commissioners office and the copy to the Commanding Officer of the Detective Division. The Commanding Officer of the Detective Division or his designee will analyze the information and take the appropriate action. The Commanding Officer of the Detective Division shall keep the Deputy Commissioner of Public Safety apprised of all progress made in relation to these investigations.
7.
8.
9.
Procedure No. 3.124
OPERATION S.N.A.R.E.
SUBJECT:
OPERATION S.N.A.R.E.
PURPOSE: Department participation in the Statewide Narcotics Apprehension Reporting Effort (Operation S.N.A.R.E.). OBJECTIVE: The New York State Police has instituted Operation S.N.A.R.E. The purpose of this program is intended to enhance highway based interdiction efforts by facilitating the mutual exchange of arrest related data. The timely exchange of this information will alert participating agencies to the methods and means employed by drug traffickers when transporting illegal narcotics. PROCEDURE: QUALIFYING CRITERIA: 1. A highway drug interdiction arrest qualifies for reporting under this program when seized articles meet or exceed one or more of the following criteria: Description of Seized Article Heroin Cocaine Crack Hallucinogens Marijuana Methamphetamine Crystal Methamphetamine (ICE) US Currency Amount one half (1/2) ounce four (4) ounces one half (1/2) ounce or 14 grams or 185 vial any amount ten (10) pounds two (2) ounces two (2) ounces $10,000
Any firearm, rifle, shotgun or machine gun seized in conjunction with ANY amount of illicit drugs.
PROCEDURE NO. 3.124 DIVISION, SQUAD AND UNIT SUPERVISORS 2.
Page 2 OF 2
Whenever a member under his/her supervision (at time of arrest) makes an arrest that meets the qualifying criteria he/she shall direct that member to prepare an Operation S.N.A.R.E Data Submission Card. Upon completion the supervisor will review the arrest report and Data Card for accuracy and completeness. He/she shall then direct the Teletype Operator to transmit a File-F13N with the information from the Data Card. Completed data submission cards shall then be attached to the gold copy of the arrest report (MV61) and forwarded to the Commanding Officer of the Narcotics Unit, for information and filing.
3.
4.
PROGRAM INSTRUCTIONS 5. Copies of the S.N.A.R.E. Program Instructions and Instructions for completing Data Submission Cards and the Teletype F-13N will be maintained at the Main Desk, Complaint Room, Detective Division and Narcotics Unit along with Data Submission Cards. Supervisors and Teletype Operators shall familiarize themselves with the Program Instructions to assist members when completing the necessary data.
6.
Procedure No. 3.125
CRIME PREVENTION
Page 1 OF 2 Revised
SUBJECT:
CRIME PREVENTION
POLICY: Crime prevention is the duty of the Police Department, in cooperation with the citizens of the community. The Department seeks to prevent crime through random patrol, observation and investigation techniques designed to protect life and property, detect and apprehend offenders, the public peace, and enforcement of laws over which we have jurisdiction. Citizens of the community are encouraged to participate in crime prevention through police-citizen oriented programs. Citizen-Police Crime Prevention programs will be coordinated by the Community Relations Officer under the direction of the Chief of Police. All Members of the Department share crime the crime prevention function, while performing their duties or while assisting our community or investigating crimes.
PROCEDURE: 1. Duties and Responsibilities A. Department personnel assigned to specific crime prevention presentations shall wear the Department prescribed uniform. The Chief of Police may determine that a specific assignment would benefit by non-uniform attire in place of the Department uniform.
2.
All Department personnel will be responsible for, but not limited to: A. Identifying community needs for selected crime prevention programs, crime problems and possible crime prevention solutions and taking appropriate action to implement same upon approval of the Chief of Police. Assisting the Community Relations Officer in the development and implementation of crime prevention programs as directed by the Chief of Police. Participate in crime prevention activities as assigned, such as: (1) (2) Lecturing on various crime prevention topics. Maintain liaison with individuals and community and business groups.
B.
C.
PROCEDURE NO. 3.125 (3) (4) Participate in crime prevention training. Following up on referrals regarding crime prevention.
Page 2 OF 2
(5) Evaluating programs initiated and exchange ideas with other members of the department of other agency representatives.
3.
Crime Prevention Records It shall be the responsibility of the Community Relations Officer to establish and maintain crime prevention programs in accordance with the following crime prevention categories: A. Crime Prevention and Property (1) (2) (3) (4) B. Security lighting Alarms Security hardware Operation identification
Crime Prevention and Business (1) (2) (3) (4) Robbery prevention Shoplifting prevention Internal theft prevention Fraudulent checks, credit cards, counterfeiting
C.
Crime prevention and the Person (1) (2) (3) (4) (5) Rape prevention Crime prevention and senior citizens Crime prevention and children Domestic violence Substance abuse prevention
Procedure No. 3.126
VEHICULAR SAFETY ROAD CHECKS

Page 1 OF 3 Revised
SUBJECT:
VEHICULAR SAFETY ROAD CHECKS
PURPOSE: To identify and reduce the incidence of vehicle and traffic law offenses; to provide for the safer operation of vehicles; increase the awareness of the motoring public of the provisions of the Vehicle and Traffic Law; and increase the publics perceived risk of legal consequences resulting from any illegal activity by providing concentrated enforcement visibility; PROCEDURE: 1. ALL vehicular traffic passing the safety checkpoint will be subjected to a visual inspection by Enforcement officer(s) for violations of the Vehicle and Traffic Law including but not limited to: invalid inspection and registration stickers; operating with obvious equipment defects; driving while intoxicated; failing to comply with safety belt and child restraint laws; invalid vehicular documents; Inspections shall conform with the court decisions applying to roadblocks or safety checks, DELAWARE v. PROUSE, 440 U.S. 648 (1979), PEOPLE v. INGLE, 36 NY2d 413, 369 N.Y.S. 2d 67 (1975). The primary concern shall be for the physical safety of the officers and motoring public in the immediate area of the checkpoint. A. A safety check will consist of a minimum of two traffic units, two officers, traffic cones, and/or other warning devices. Once a zone of relative safety has been established through the use of traffic cones, flares, etc. The officers will take a position on the highway to regulate the flow of vehicles and examine them for the violations listed above. When a violation is observed, the officer will direct the violator to a designated area where either that officer or another officer will issue a summons for the violation(s) observed. Traffic will be stopped in one direction only, except in areas where a two lane road of limited speed or use is utilized. The first traffic cones, flares, or other warning devices shall be placed approximately 2-3 tenths of a mile from the checkpoint. On highways of lower speed limits the warning devices can be closer than 550 feet but not closer than 100 feet. In any case sufficient advance warning should be given to enable a vehicle to stop safely prior to the check area. On multi-lane highways, the traffic cones, or other warning devices will denote the proper lane for the vehicles to travel in and channelize those lanes if needed.
B.
C.
D.
E.
PROCEDURE NO. 3.126

F.
Page 2 OF 3
A sufficient shoulder or other parking area shall be available to the violator if summary action is required. All members, when performing traffic duties for an extended period, must wear the orange traffic safety vest provided for such duties.
G.
2.
LOCATION: A. If possible, the safety check should be in an area of a posted speed limit of 30 mph or less, to alleviate the hazard of fast moving traffic. All check points shall, to the best of the officers ability, be on roads or sections of roads that have clear visibility to on coming traffic. If possible there should be no secondary roadways from which the check point is visible to approaching traffic. Traffic volume should not be so heavy as to create undue congestion where a safety check is initiated. In general, snow, ice or wet pavement condition will negate a safety check.
B.
C.
D.
E. 3.
EVALUATION: A. The officers involved in the vehicular safety check shall record sufficient information of numbers of vehicles checked, summons issued and warnings given, to enable a statistical analysis to be performed.
4.
UTILIZATION: A. The STOP-DWI Program will, upon evaluation of the pertinent data and conditions, designate times and areas for safety checks as outlined above.
5.
CHECKPOINT INQUIRY: A. Officers may request any of the following documents: (1) (2) (3) (4) B. Drivers License Vehicle Registration Insurance Card Proof of Inspection (Inspection Window Sticker)
All violations will be appropriately cited. As permitted by Section 1193-a, operators of vehicles who are in violation of the V&T, may be requested to submit to a breath test by use of Alco-sensor. If there are no violations, and no PROBABLE CAUSE exists to believe that other violations, infractions or criminal acts have occurred, the vehicle shall be directed to proceed on its way without delay. Officers are cautioned to be courteous, respectful, and professional, as the occasional operator may be abusive and outspoken toward the checkpoint procedure. Delays should be minimized and traffic kept moving if there are no violations observed.
PROCEDURE NO. 3.126

C.
Page 3 OF 3
If a line of traffic should develop waiting to proceed through the checkpoint resulting in delays in excess of two to four minutes, approaching traffic should be released or inspection should convert to systematic stops. For example, every 3rd car, every 5th car, etc. Traffic flow adjustments shall be at the discretion of the checkpoint supervisor.
6.
INTOXICATED DRIVERS: A. The operators appearance and demeanor shall be observed. Probable Cause is more than mere suspicion and must include a combination of conditions signifying intoxication such as: (1) (2) (3) (4) (5) (6) (7) (8) (9) B. Odor of an alcoholic beverage on breath Appearance i.e. disheveled hair, clothing, etc, that might indicate intoxication Ability to produce documents request or manner of doing so Bloodshot eyes Slurred Speech Admissions of driver as to alcoholic beverage consumption Alcohol container open in vehicle Abusive behavior by operator Disorientation by operator as to time and place
Mere odor of alcoholic beverage, will not suffice, without indication of psychomotor impairment. If probable cause exists, then the operator may be requested to step from the vehicle for administration of psychomotor tests and/or pre-arrest breath test (PBT). Thereafter, should probable cause continue, the operator will be placed under arrest, requested to submit to a chemical test, and transported for the official Breath/Blood Test under established procedures. Notes of all observations shall be accomplished for the record. Throughout, notwithstanding any provocation, the officer should remain polite and courteous.
7.
CHANGING CHECKPOINT SITES A. To establish uniform exposure throughout the City, the checkpoint may be moved to different locations during a four-hour period. Site selection shall reflect attention to all sectors. Each selected site shall be evaluated for safety and effectiveness before initiating a checkpoint.
Procedure No. 3.127
LOJACK POLICE TRACKING COMPUTER (PTC)

Page 1 OF 4 Revised
SUBJECT: PURPOSE:
LOJACK POLICE TRACKING COMPUTER (PTC)
To provide guidelines in the use and operation of the LOJACK Police Tracking Computer (PTC) BACKGROUND LOJACK is technology, which was created to address the serious problem of vehicle theft utilizing existing computer and telecommunications networks of statewide law enforcement to activate, track, and recover stolen vehicles. LOJACK installs a small radio transceiver in a hidden, recessed area of the vehicle, and a code unique to a given LOJACK unit is paired with the Vehicle Identification Number (VIN) of the vehicle in the State Police Criminal Information Computer. A police entry of the VIN of a stolen vehicle activates the State Police Broadcast System, which turns on the LOJACK unit in the stolen vehicle. Police cars equipped with LOJACK Tracking Computers receive the broadcast from the LOJACK unit in the stolen vehicle, and follow a homing signal, which takes them directly to the vehicle. This technology is very effective in locating vehicles, which are stopped or parked. A moving vehicle is more difficult to track. PROCEDURE When a Member of the Department is assigned to a police vehicle equipped with LOJACK, he will complete the following: A. B. Turn the vehicle ON with the PTC in the LOCK POSITION Set the controls knobs to the patrol positions (Brightness , Volume and Squelch). At this point, the display will be going through its self-diagnostic mode. The outer LED (light emitting diode) on the relative bearing indicator will begin moving from 12 oclock in a counterclockwise direction. Each LED should light up. Upon returning to the 12 oclock position, the LED in the center will turn red. At the same time that the outer dot is moving counterclockwise, there will be numbers from right to left, across the reply code indicator; and Once the system check is complete, move the UNLOCK/LOCK switch from LOCK to UNLOCK.
C.
TRACKING: A. Upon receiving a LOJACK signal, officers shall immediately place the locking switch in the lock position, notify communications of their location and the LOJACK 5 digit reply code.
PROCEDURE. 3.127 B.
Page 2 OF 4
Upon notification of a LOJACK reply code, Communications Personnel shall use NYSPIN format LJQR to obtain a vehicle description and broadcast the information to all Mount Vernon patrol units. The Patrol Supervisor shall assign assisting units as he/she deems necessary. Tracking vehicles will notify the patrol supervisor when the signal extends beyond the jurisdictional limits of the City. Based upon the movement of a tracked vehicle, the Desk Officer shall have bordering police agencies contracted to determine if LOJACK equipped police vehicle(s) are available to continue signal tracking. Should a tracked vehicle exit the City, the Tour Commander shall determine if continued Mount Vernon tracking is necessary by sector personnel. Absent exigent circumstances, vehicle tracking into another police jurisdiction, is not authorized. Pending priority calls (ex: aided cases, serious crimes in progress, etc.) shall take precedence over LOJACK tracking. As with all stolen vehicles, a confirmation by Communications Personnel of the suspect vehicle status will be made prior to an arrest(s). All procedures relating to vehicle stops, pursuits and arrests will be adhered to according to the Department Manual.
C. D.
E.
F.
G.
H.
FREQUENCY JAM (SIGNAL JAM) A. A signal jam occurs when a device transmitting at a greater power level and on the exact frequency of a LOJACK unit jams the Police Tracking Computers ability track legitimate signals. B. A signal jam can be recognized when the center light on the relative bearing indicator turns red signifying receipt of a tracking signal and no reply code appears on the unit display. In the event of a signal, officer shall follow the same aforementioned procedures and will track the jamming signal if possible to its origin if within the city. C. It should be noted that the intentional jamming of a LOJACK tracking signal for the purpose of preventing police tracking constitutes the offense of Obstructing Governmental Administration PL195.05 or 195.07. Members are cautioned, however, that each case should be judged on its individual merits and questions should be directed to the duty Assistant District Attorney regarding criminal charges. D. All signal jamming incidents will be reported to the Commanding Officer Patrol Division on an MV-61 with all pertinent information documented, and an incident number assigned. VEHICLES TRACKED TO PRIVATE PROPERTY OR PRIVATE STRUCTURE
PROCEDURE. 3.127 A.
Page 3 OF 4
Should a vehicle track terminate upon private property or at a private structure, and the tracking officer believes that a stolen vehicle is within that structure, the scene will be secured and the Tour Commander notified. Before entering a structure to search for a stolen vehicle and absent exigent conditions all necessary warrant(s) shall be obtained. However, you may enter upon private property if: 1. You are in close pursuit of a vehicle, which is attempting to elude apprehension and is emitting a radio signal; There is an emergency situation; There are other exigent circumstance; and A search warrant is obtained. The mere fact that a vehicle on private property is emitting a radio signal does not constitute an emergency of exigent circumstances.
2. 3. 4. NOTE:
NYSPIN PROCEDURES A. NYSPIN has been interfaced with the LOJACK System. When a complainant reports to the police the theft of a motor vehicle a NYSPIN VENT (stolen vehicle entry) interfaces with the LOJACK unit the computer automatically activates the LOJACK vehicle transponder which begins to broadcast a unique tracking signal. An acknowledgment will also be sent from the LOJACK System to our NYSPIN terminal.
EXAMPLE: NLOJ VENT KWMV ACK LOJACK ENTRY VIN/1234567891011 LIC/123ABC OCA/KWMV123 LOJACK UNIT IN VEHICLE IS BEING ACTIVATED VIN/1234567891011 VMA/FORD VYR/94 B. NYSPIN format LJQR will used by Communications Personnel to identify a LOJACK code received by patrol vehicles equipped with a P.T.C. Entering the LOJACK code in this format will identify the vehicle by make, model, color, etc. This inquiry will also cause the transponder of the target vehicle to speed up for approximately 30 minutes to aid in tracking. There is another NYSPIN LOKACK format LJCK which is very rarely used. It is only needed to activate an out of state vehicle equipped with a LOJACK units, which was not activated at the time of theft for some reason. Refer to NYSPIN OPERATIONAL AID 94-01, which can be accessed by the Complainant Clerk.
C.
NYSPIN PROCEDURES A. Reports Required: An MV-61/61B will be required whenever a LOJACK tracking results in a vehicle recovery or a signal jam is detected and located.
PROCEDURE. 3.127 B. No Report Required:
Page 4 OF 4
Whenever a LOJACK tracking does not result in the recovery of a stolen vehicle or a signal jam detection, no report will be required. However, whenever a signal is tracked an incident number will be assigned by the dispatcher and a disposition noted (i.e. 1090-signal lost, 1090-outside jurisdiction notified). CONFIRMATION After receipt and broadcast of an LJQR inquiry, Communications Personnel shall contact the originating agency by telephone to conform the target vehicles current status. The result of this confirmation process shall be immediately provide to all police units(s) ASSISTING OTHER AGENCIES A. All request for tracking assistance from an outside agency will be coordinated by the Desk Officer or Patrol Supervisor. The Desk Officer or Patrol Supervisor will determine what assistance will be rendered. Tracking procedures shall be followed as set forth in section 2 entitled Tracking. If an arrest is made by Mt. Vernon police officers within the confines of the city, the arrested person(s) will be transported and processed in Mt. Vernon. Impounded vehicles, absent exigent circumstances, shall be towed by and to the F.O.A. jurisdiction (note: if arrest stays in Mt. Vernon so does vehicle).
B.
C.
D.
VEHICLE RECOVERY A. When a LOKACK equipped vehicle is recovered, either a VLOC or VCAN teletype message will deactivate the LOJACK unit and an acknowledgement will be returned to our NYSPIN terminal. Department Policy regarding recovered stolen vehicles and impounded vehicles shall be followed with all appropriate reports filed.
B.
NOTE: NYSPIN SUPPORT SERVICES IS AVAILABLE 24 HOURS A DAY. FOR ANY QUESTIONS OR ASSISTANCE NEEDED IN REGARD TO CURRENT PROCEDURES OR INFORMATION REGARDING THE SYSTEM CALL 1-800-372-3675 (FOR POLICE USE ONLY).
Procedure No. 3.140
AIDED CASES
SUBJECT:
AIDED CASES
PURPOSE: To define Department procedure governing response to aided cases. PROCEDURE: The following procedure shall be adhered to. MEMBERS: 1. Aided cases in general will be assigned to the ambulance. Patrol Division Units WILL NOT be dispatched on routine aided cases. Patrol Division units along with the ambulance, will be dispatched in the following situations only: A. B. C. D. D.O.A.; Sidewalk fall; Any injury involving City property; Upon request of ambulance personnel requiring police assistance (i.e. traffic control, crowd control, a past or in progress crime has been identified etc.)
2.
NOTE: Department Units and the ambulance will be assigned on the same incident whenever Police service is mandated (crimes, automobiles accidents etc.) 3. In the event an ambulance is not immediately available Truck 100 and/or the Fire Department Rescue Unit will be dispatched.
Procedure No. 3.141
MENTALLY AND EMOTIONALLY DISTURBED PERSONS

SUBJECT:
MENTALLY AND EMOTIONALLY DISTURBED PERSONS
PURPOSE:
To provide guidelines for the handling of apparently mentally or emotionally disturbed individuals who have committed no other offense. Members will occasionally encounter situations involving apparently mentally or emotionally disturbed individuals who may pose a danger to themselves or others and who have committed no offense other than disruptive or peculiar conduct. These situations demand the utmost caution. Section 9.41 of the New York State Mental Hygiene Law empowers the police to take into custody any person who appears to be mentally ill and is conducting themselves in a manner which is likely to result in serious harm to themselves or to others. This section has been interpreted by the New York State Attorney General to embrace conduct which, if committed by a stable person, would constitute disorderly conduct. Section 9.39 of the Mental Hygiene Law provides for emergency admissions for immediate observation, care and treatment at such institutions as the Psychiatric Institute, Westchester County Medical Center.
POLICY:
Apparently mentally or emotionally disturbed individuals, who have committed no other offense, but who appear to present a danger to themselves or to others, and for whom no competent person is available for their care and custody, shall be taken into custody for an evaluation by competent psychiatric personnel from the Psychiatric Institute. If practicable and prudent, a field evaluation of the subject shall first be arranged by summoning the local mobile Psychiatric Crisis Intervention Services from the Psychiatric Institute.
PROCEDURE:
1. If an apparently mentally or emotionally disturbed individual is encountered in a situation wherein he or she may harm themselves or to others, the officer shall first gain control of the situation and, may, if necessary: A. B. C. D. Use available restraints; Call for assistance; Remove all property which is dangerous to life or which might facilitate escape. The identity and status of the subject must be determined.
(1)
The Desk Officer shall be requested to determine if the subject is listed as an escape from a mental institution or if there is a missing person alarm, want or warrant(s) for subject. (a) If a positive result occurs, the subject is to be taken to Headquarters, or to the Psychiatric Institute at the Medical Center if the subjects actions are such that this action is warranted.
PROCEDURE NO. 3.141 (b)
Page 2 of 2 The Desk Officer will contact the authority seeking the subject and, where applicable, invoke Operations Order 10-85 re: mentally disturbed prisoners. If a negative result occurs, a disposition decision will be made in accordance with the following procedures:
(c)
E.
Custodial disposition when no other reason detained is evident: 1. If the subject can be safely turned over to the care and custody of some competent person known to the subject, this shall be done. If the subject cannot be readily turned over to an appropriate person, the officer may request that the Desk Officer call the Crisis Intervention Service and request that they respond to the scene for a field evaluation of the subject. (a) The local Mobile Crisis Unit can be contacted at 779-2335 Monday-Friday, 8:30 A.M. to 5:00 P.M. or 347-7075 which is available twenty four (24) hours a day. If the staff determines that the subject should be hospitalized. Or if a field evaluation is not possible, the officer will transport the subject to the Psychiatric Institute. The officer shall: (1) (2) Note all facts needed for the official report of the incident. List all property taken previously, on a Supplementary Report form and have it acknowledged at the Psychiatric Institute by the staff person to whom it is given. This is particularly important when valuables are involved.
2.
(b)
(c)
If the subject is not admitted, he shall be brought directly to headquarters where he shall either be: (1) Booked for any appropriate charge pertinent to the situation, in the light of the favorable (stable) psychiatric diagnosis, or Released, preferably to someone known to the subject who can safely take custody.
(2)
Procedure No. 3.142
LIFELESS BODIES (AIDED CASES)

SUBJECT:
LIFELESS BODIES (AIDED CASES)
PURPOSE: To establish procedures for the proper disposition of dead human bodies, while assuring all human beings who appear lifeless, the opportunity to be examined by a qualified physician, without delay. PROCEDURE: LIFELESS BODIES: PATROL SUPERVISOR: Will respond to the scene of, and investigate, all cases involving an apparent lifeless body; and will ensure that all of the procedures described herein are followed. POLICE OFFICER: Upon arrival on the scene of an aided case where the body appears lifeless the investigating police officer will IMMEDIATELY notify a supervisor. If there is no indication of prolonged death such as, lividity, rigor mortis, decomposition or massive destruction due to unnatural causes: 1. 2. An ambulance, if not on the scene, will be called. The lifeless body will be transported to the hospital emergency room without delay, unless there is a physician on the scene who makes pronouncement of death. If a question arises as to whether the body should be transported to the Emergency Room, the Paramedic on the scene will contact the Emergency Room Physician and he will make determination. Personnel must bear in mind that there are many ailments which may cause a person to appear dead to the layman, (especially bodies exposed to cold weather conditions), therefore, in the absence of a physician the lifeless body must be taken to the hospital emergency room where a qualified physician will treat the patient or make pronouncement of death. In these cases, if C.P.R. may help by all means it should be utilized by qualified personnel.
3.
NATURAL CAUSES In cases where a determination has been made not to transport the lifeless body to the hospital emergency room and there are no signs of foul play or extreme decomposition, the following steps shall be taken by the investigating officer. 1. Gather as much information as possible about deceased which should include; name, age, D.O.B., personal physician, by whom discovered, last seen alive, medical conditions, when
PROCEDURE NO. 3.142
Page 2 OF 3
last treated, method of entry into premises, all persons present and their relationship to the investigation. 2. Ascertain from family members as to which funeral home they wish to remove the deceased. When the family requests a funeral home outside Westchester County, the investigating officer must contact a local funeral home to accept the body pending further directions from the medical examiners office. Bodies cannot be transported outside of Westchester County without the Medical Examiners permission. Family members should be advised they may make funeral arrangements anywhere they chose after the body is released by the Medical Examiner. Contact the deceaseds personal physician to ascertain if he/she will sign the death certificate.
Note:
3.
NOTE: IN ORDER FOR A PHYSICIAN TO SIGN THE DEATH CERTIFICATE HE MUST PRACTICE IN WESTCHESTER COUNTY. 4. Contact the medical examiners office, telephone number 914-231-1600, twenty-four (24) hours daily. Supply complete and accurate information in order that he/she may properly advise you. Notify the funeral home for removal and remain at scene. When removal is made and the deceased has not been pronounced dead, instruct the funeral director to respond with the body to the hospital emergency room where a hospital doctor will pronounce the death in the investigating officers presence. The funeral director will hold the body until receipt of funeral instructions from the medical examiner after such pronouncement. Members must remember that a doctor pronouncing the person dead is not necessarily the doctor that signs the death certificate. This distinction must be clear when notifying the medical examiner and for subsequent police reports. Deaths occurring in public places or bodies found in extreme decomposition or when the deceaseds personal physician will not sign the death certificate, the Detective Division will undertake a complete investigation and will be responsible for proper notification to the medical examiners office. When persons are taken to the hospital and die therein and the deceaseds personal physician will not sign the death certificate, the Detective Division shall be notified by the investigating officer. When an aided victim is taken by ambulance to the Emergency Room while C.P.R. is being administered or when no life support measures are taken and/or life support measures have failed and the victim is pronounced D.O.A. the investigating officer shall initiate an investigation as prescribed herein.
5. 6.
7.
8.
9.
10.
UNNATURAL CAUSES 11. If a death occurs in an unnatural or suspicious manner such as murder, suicide, result of a crime, fatal accident (traffic, industrial, drowning etc.) the Detective Division will be
PROCEDURE NO. 3.142
Page 3 OF 3
notified immediately and commence a thorough investigation. In addition the Chief, Duty D.A. and Medical Examiner will also be notified. PUBLIC ADMINISTRATOR 12. In the instance that no relative is present and none can be contacted, in addition to the procedures for natural causes, the Detective Division will be notified. A search of the body and premises will be made by the Detectives to ascertain next of kin, if a will is located the attorney indicated thereon will be contacted. If no is located, all property of value is to be secured by the Detectives. The premises should be secured, possibly with a padlock or in the case of an apartment building, the superintendent should be requested to change the tumbler (expense incurred by the office of the Public Administrator) and the keys should then be in the possession of the Detective Division. A Detective Division Crime Scene Warning Sticker will be applied to the door, over lapping the door jam. After the premises have been secured, the Public Administrator is to be notified. It is also necessary to establish if there is an automobile owned by the deceased. If so, it must be impounded immediately in order to protect the estate from having the vehicle stolen, vandalized or involved in a criminal act.
13.
14.
Procedure No. 3.143
NOTIFICATION NEXT OF KIN

SUBJECT:
NOTIFICATION NEXT OF KIN
PROCEDURE: PREPARATION Gather and locate the essential details surrounding the deceased. The officer, for example, should record such details as the deceaseds full name, age, sex, race, home address, location of death, nature of death, time of death, location of the body, and any pertinent details surrounding the death. Verify that the information is correct and learn as much as possible regarding the circumstances of the death. Enroute to the survivors residence, the officer should take time to review these details. It is very important, for several reasons, that the officer be permitted inside the house before actual verification is made. First, a death notification conveys very personal and private information that should not be initially shared by others, nor should the survivor(s) need for personal privacy be compromised at this traumatic moment. Secondly, if notification is completed at the door, officers may not be able to gain admission thereafter. In this event, should the survivor suffer serious medical or psychological problems, the officers would not be able to assist. PERSONAL NOTIFICATION Notifying the next of kin where there is a death, serious injury or serious illness, can place the officer in a delicate and uncomfortable situation. The following procedure should be used whenever possible and practical. 1. 2. 3. Notification should be made as promptly as possible. Notification must, if at all possible, be made in person, not over the telephone. The presence of a minister, relative, close friend, or neighbor should be obtained whenever possible before notification. If notification has to be made alone, the officer should offer to assist to the next of kin in contacting a relative, close friend, etc. The officer must be tactful and diplomatic as possible.
4.
5.
A.
The pace of your delivery will be dictated by the actions of the survivor. The officer should proceed directly with business, speaking in a slow, calm manner, and proceed with the notification until completed.
Page 2 OF 2
Details regarding the cause of death, particularly in cases of violence, accidents or murder, should not be discussed at this time. Being to graphic at this stage can create an emotional overload which can complicate an already difficult situation.
6.
If necessary, assist the next of kin by providing a ride to the hospital.
REQUESTS FROM OTHER AGENCIES When requested by another agency to make notification, the dispatcher or Desk Officer should obtain whatever pertinent information about the situation that is available in order to assist the relative in receiving the message. Prior to making the notification, the information must be authenticated. The Desk Officer must obtain the callers telephone number and call back to ascertain the legitimacy of the request. Officers delivering emergency notifications shall tell the next of kin the source of information and who to contact for further assistance.
REQUEST TO OTHER AGENCIES Should you need to contact another agency outside your jurisdiction in order to perform the notification, provide them with all the pertinent details at your disposal. Request that they make the notification in person as quickly as possible and that you receive immediate verification thereafter that this has been accomplished.
COMMUNICABLE DISEASE
SUBJECT:
COMMUNICABLE DISEASE
PURPOSE: To establish guidelines for the proper handling of incidents that involve individuals who have, or are suspected of having a communicable disease. This policy shall: A. Establish safety procedures to reduce the risk of a member contracting a communicable disease during the performance of his duties. Establish procedures to be followed when a member has a line of duty exposure to a communicable disease. Acknowledge the legal rights of victims of communicable disease in regard to: 1. 2. D. Non- discrimination Confidentiality
B.
C.
Comply with OSHA standards 29 CFR Part 1910.1030.
POLICY: It is the responsibility of the municipality to ensure that its employees, especially members, are able to perform their duties in a safe effective manner and to make certain that its employees provide every person the same quality of service, regardless of a persons state of health. The safe performance of daily operations has recently become threatened more than ever before by life endangering communicable diseases, the most notable being Hepatitis B virus (HBV), Human Immunodeficiency Virus (HIV) the causative agent of Acquired Immunodeficiency Syndrome (AIDS) and Tuberculosis. Therefore, it shall be the policy of this municipality to continuously provide employees with communicable disease information and up-to-date safety procedures which will assist in minimizing potential exposure while increasing their understanding of the nature and potential risks of communicable diseases. It shall also be the policy of this municipality to ensure every person, regardless of his or her state of health, equal police protection and services. DEFINITIONS: 1. Body Fluids: Liquid secretions including, but not limited to: blood, semen and vaginal or other secretions that might contain these fluids, such as saliva, vomit, urine or feces.
Page 2 OF 6
Communicable Diseases: Those infections illness that are transmitted through direct or indirect (including airborne) contact with an infected individual, including but limited to the body fluids of the infected individual. Employee Exposure Determination: A list of all job classifications in which all employees in those job classifications have occupational exposure to blood borne pathogens and a list of all job classifications in which some employees may have occupational exposure to blood borne pathogens and the subsequent tasks in which occupational exposure may occur. This exposure determination is made without regard to the use of personal protective equipment. All Members of the force (sworn Police Officers) have occupational exposure to blood borne pathogens. The following Members of the Department may have occupational exposure: Court Security Officer(s): when taking lawful action to control order, or searching visitors, or providing first aid in the Mount Vernon City Court; Prisoner Attendant(s): when taking lawful action to control or escort prisoners, or providing first aid in the Mount Vernon Police/City Court Lock-up; Public Works employee(s) assigned to the Police Department: when cleaning contaminated equipment, vehicle, and areas; Ordinance Officer(s): when taking lawful action to carry out their assigned tasks as per the City Code of Mount Vernon.
3.
4.
Universal Precautions: System of infection control, which assumes that blood and other body fluids of all people are infectious. Precautions include hand washing, protective equipment, decontamination, and waste management.
PROCEDURE: 1. Communicable Disease Prevention A. In order to minimize potential exposure to communicable disease, Members must assume that all persons are potential carriers of a communicable disease. (1) (2) When body fluids are present Universal Precautions will be used at all time. Members must cover all open cuts and abrasions with waterproof bandages prior to reporting for duty. Disposal latex gloves shall be worn when handling any person, clothing or equipment with body fluids on them or when the Member anticipates becoming involved where he/she may potentially become exposed to blood or body fluids. (a) Gloves should not be reused, and a new pair should be put on before handling a different person or touching uncontaminated items.
(3)
PROCEDURE NO. 3.144 (b)
Page 3 OF 6 In appropriate circumstances, more than one pair of latex gloves shall be worn to protect against exposure, where a single pair might be damaged and be unable to provide adequate protection.
B.
Masks, protective eye goggles and protective disposable coveralls shall be worn where body fluids may be splashed on the member, or where air borne contamination of a communicable disease is anticipated. Plastic mouthpieces or other authorized barrier/resuscitation devices shall be used whenever a Member performs CPR or mouth-to-mouth resuscitation. All sharp instruments such as knives, scalpels and needles must be handled with extraordinary care and should be considered to be contaminated items. Members shall not smoke, eat, drink, or apply makeup around body fluid spills or when wearing protective gloves. Members of the Department, while on duty, both uniform and non- uniform who actively work with the public shall have on their person latex gloves and a mask. (This includes patrol and investigative units of the Department.)
C.
D.
E.
F.
2.
Transport A. Where appropriate, protective equipment is available, no Member shall refuse to interview, assist, or otherwise physically handle any person who may have a communicable disease. Should a Member encounter a circumstance where appropriate equipment is not available, the Member shall immediately contact his or her supervisor and request assistance. This does not preclude the Member from taking the appropriate police action in an emergency. Members shall not put their fingers in or near the mouth of any conscious person. Members utilizing protective gloves can, if need be, insert their finger into the mouth of an unconscious person in an attempt to clear a blocked airway. This action should be performed in accordance with prescribed foreign body airway obstruction procedures. Individuals with body fluids on their persons shall be transported in separate vehicles from other individuals. During a transfer of custody, members have an obligation to notify, in a discrete manner, relevant support personnel that the victim has body fluids present on his person (personnel will use universal precautions) or has stated that he or she has a communicable disease. Reasonable care should be taken that the information is not transmitted to the general public or to those who have no need for that information.
B.
C.
D.
3.
Disinfecting A. Any unprotected skin surfaces that come into contact with body fluids shall be immediately and thoroughly washed with hot running water and soap for a full minute before rinsing and drying.
PROCEDURE NO. 3.144
Page 4 OF 6
(1)
Alcohol or antiseptic towelettes may be used where soap and water are not available. As soon as possible personnel will wash with soap and hot water as described in A above: Disposable gloves should be removed inside out, with the contaminated side not exposed. The hands and forearms should then be washed. Hand lotion should be applied after disinfecting to prevent chapping and to seal cracks and cuts on the skin.
(2)
(3)
B.
Members should remove clothing that has been contaminated with body fluids as soon as practical. (1) Members should cleanse any contacted skin area in the described fashion (showering if necessary) prior to putting on clean clothing.
(2)
Contaminated clothing should be handled carefully and place in an approved biohazard disposable bag until ready for laundering . Machine launder with detergent and hot water in the normal fashion. Disinfecting procedures shall be initiated whenever body fluids are spilled in or when an individual with body fluids on his or her person is transported in a municipal vehicle. (1) The Duty Officer shall be notified and the vehicle shall be taken out of service. (a) A Do Not Use Possible Contamination sign shall be posted on the steering wheel of the vehicle. The affected vehicle shall remain out of service until it has been disinfected by washing the contaminated areas with commercial disinfectant approved for such use. Disinfecting procedures shall be accomplished by the City contracted ambulance company as stipulated in said contract. It is the responsibility of the Supervisor on duty to make arrangements to have the contaminated vehicle disinfected.
C.
(c)
(d)
D.
Non- disposable items should be disinfected with either a bleach solution (1 part bleach to 9 parts water), rubbing alcohol or commercial disinfectant. Contaminated shoes and boots, including soles, should also be disinfected with an approved disinfectant.
NOTE: Bleach solution should be mixed at time of incident. Solution of bleach and water looses effectiveness when left standing over long periods of time. E. All disposable contaminated materials shall be placed in approved biohazard disposal bags and disposed of in accordance with current Department Guidelines.
PROCEDURE NO. 3.144 4. Protective Equipment A.
Page 5 OF 6
Police vehicles shall be equipped with those supplies appropriate to the needs of the Police Department as outlined in Department Manual of Procedures. Members using supplies stored in police or emergency service vehicles are responsible for their immediate replacement. Members are required to keep disposable gloves and eye protection in their possession at all times.
B.
C.
5.
Line Of Duty Exposures to Communicable Diseases A. Any Member who has been bitten by a person, or who has had physical contact with body fluids of another person, while in the line of duty, shall be initially considered to have been exposed to a communicable disease. (1) Reports of direct air contact to communicable diseases shall be evaluated on the merits of the particular incident by the Departmental health care officials.
B.
The Members immediate supervisor shall be contacted and all appropriate injury forms shall be completed. Immediately after exposure, the Member shall be transported to the appropriate health care facility for clinical and serological testing for evidence of infection. The health care official shall evaluate the test results, along with the circumstances surrounding the incident and make a final determination as to the extent, if any, of exposure to a communicable disease. Any person responsible for potentially exposing the Police Officer to a communicable disease shall be encouraged to undergo testing to determine whether the person has a communicable disease. Members who test positive for a communicable disease may continue working as long as they maintain acceptable performance and do not pose safety and/or health threat to themselves, the public or the department. (1) The Department shall make all decisions concerning the Members work status solely on the medical opinions and advice of the Departments health care officials. The Department, from time to time at its cost, may require an employee to be examined by the Department health care officials to determine if he is able to perform his duties without hazard to himself or others.
C.
D.
E.
(2)
F.
All personnel shall treat employees who have contracted a communicable disease fairly, courteously, with dignity and confidentially.
LEGAL RIGHTS OF VICTIMS OF COMMUNICABLE DISEASES 6. Victims of communicable diseases have the legal right to respect, and municipal employees, including Police Department Personnel are duty bound to provide the same level of services as any other individual would receive.
Page 6 OF 6
Members assume that a certain degree of risk exists in Police and emergency services work and accept those risks with their individual appointments. This holds true with any potential risks of contacting a communicable disease as surely as it does with the risk of confronting any other emergency situation. It is responsibility of Members to be equipped with mask, gloves etc. when working. Any Member who refuses to take proper action in regard to the victim of a communicable disease, when appropriate protective equipment is available, may be subject to disciplinary measures along with civil and, or criminal prosecution. When a Member mentions in a report, that an individual has or may have a communicable disease, he shall write contains confidential information across the top margin of the first page of the report. The Members supervisor shall ensure that the above statement is on all reports requiring that statement at the time the report is reviewed by the supervisor. The Member disseminating newspaper releases shall follow current Department Guidelines and make certain that confidential information is not given out to the news media. All requests (including subpoenas) for copies of reports marked contains confidential information shall be referred to the Law Department for processing.
B.
C.
D.
E.
F.
7.
All circumstances, not covered in this policy, that may arise concerning releasing confidential information regarding a victim or suspended victim of a communicable disease, are subject to Section 2782 of the Public Health Law but, shall be referred directly to the Chief of Police and or Law Department. A. Victims of communicable disease and their families have a right to conduct their lives without fear of discrimination. An employee shall not make public, directly or indirectly, the identity of a victim or suspected victim of a communicable disease. Whenever an employee finds it necessary to notify another employee, Member, fire fighter, emergency service officer, or health care provider that a victim has or is suspected of having a communicable disease, that information shall be conveyed in a dignified, discrete and confidential manner. The person to whom the information is being conveyed should be reminded that the information is confidential and that it should not be treated as public information. Any employee who disseminated confidential information in regard to a victim, or suspected victim, of a communicable disease in violation of this policy shall be subject to disciplinary action and may be subject to civil and/or criminal prosecution.
B.
C.
MISSING PERSONS
Date Issued 9/29/95 Effective 9/29/95 History OPS-3.145
SUBJECT:
MISSING PERSONS
PURPOSE: To commence a search for a person reported missing.

IMPORTANT STATUTORY REQUIREMENTS:
A. The New York State Executive Law (838-9) requires that No law enforcement agency within the state establish or maintain any policy that requires the observance of a waiting period before the acceptance of a Missing Child Report. Additionally, the National Child Search Assistance Act of 1990 (42 USC SS 5779 & 5780) requires that each such report must be Entered immediately into the NCIC Computer Network and the State Missing Children Register (This is accomplished via the State Law Enforcement System NYSPIN). B. The NYS Executive Law (838-5A) requires that if a person (adult or child) is still missing after thirty (30) days, law enforcement agencies are required to send dental records, x-rays, etc., to the DCJS Missing and Exploited Children Clearinghouse within ten (10) days. C. The New York State Executive Law (837-E) defines a missing child as Any person under the age of eighteen (18) missing from his or her normal and ordinary place of residence and whose whereabouts cannot be determined by a person responsible for the childs care and any child known to have been taken, enticed or concealed from the custody of his or her lawful guardian by a person who has no legal right to do so. FYI, this includes cases involving familial abduction. D. The New York State Executive Law (837-E) requires the flagging of birth and school records of missing children. In order to comply with this mandate, law enforcement agencies are requested to provide DCJS with the missing childs place of birth (POB) City, State, and Country if other than USA. If the child is of school age, law enforcement agencies are requested to provide DCJS with the school name or school district the child last attended prior to being reported missing. This information should be entered in the miscellaneous field in the NYSPIN File 6 MENT entry screen. E. Any questions regarding any of these requirements, contact the DCJS Missing & Exploited Children Clearinghouse at 1-800-FIND KID or (518) 457-6326 NOTE: Detective and Youth Unit Supervisors shall ensure that the Statutory Requirements are adhered to by Members assigned Missing Persons Investigations.
PROCEDURE 3.145-1
PAGE 2 OF 4
DEFINITIONS: MISSING PERSON Any person missing from Mount Vernon residence and is: 1. A person of any age who is missing and proven to be under physical or mental disability or is senile, thereby subjecting himself/herself or others to personal and immediate danger; or Any person of any age who is missing and in the company of another person under circumstances indicating that his/her physical safety is in danger; or Any person of any age who is missing under circumstances indicating that the disappearance was not voluntary. (i.e.: abduction or kidnapping); or Any person who is missing and declared un-emancipated as defined by the Laws of New York State and does not meet any of the entry criteria set forth in sections 1,2,3; or A person other than a juvenile that is missing under circumstances not described in 1 through 4 above may be entered as long as a police report is on file. This is a person who is missing for no logical reason.
2.
3.
4.
5.
NOTE: The age of emancipation for the State of New York is age 16. New York Executive Law 837-E defines any person under the age of 18 as a missing juvenile. A missing person does NOT include: A. B. C. A person for whom a warrant has been issued; A person wanted for a crime; A person 18 years of age or over who voluntarily left home because of domestic, financial or similar reasons.
Non-Residents A report of a person missing from a residence located of Mt. Vernon will not be accepted if the missing person has a temporary residence in Mt. Vernon (i.e., hotel rooming house, etc.)
PROCEDURE: Upon receiving a complaint of a missing person;
MEMBER: 1. Interview complainant and obtain details including an accurate description of the subject including clothing; Prepare an MV-61A (Incident Report);
2.
PROCEDURE 3.145-1
PAGE 3 OF 4
3.
If the child is under 7 years of age, immediately A. B. Notify Desk Officer and Patrol Supervisor; Request immediate broadcast of description to ALL units in patrol.
PATROL SUPERVISOR: 4. Direct preliminary search of immediate area if person is A. B. A possible drowning victim; Any child, when circumstances indicate preliminary search of immediate area is warranted; (Search is mandatory when child is under 7 years of age) Other unusual cases; Confer and cooperate with detective in charge in assigning personnel to search pattern, and to maintain a record of areas and buildings searched.
C. D.
MEMBER: 5. 6. 7. Notify Desk Officer of all facts; Notify Youth Unit officer for juveniles, when on duty; Notify Detective Division personnel for adults and children under 7 years of age and when no Youth Officer is on duty. Keep patrol supervisor informed of areas and buildings searched and other pertinent data.
8.
DESK OFFICER: 9. When a child under 7 years of age cannot be located within the first 30 minutes of a search, the Chief of Police will be notified.
ADDITIONAL DATA: A record for missing person who is declared emancipated defined by the Laws of the State of New York, may be entered into NYSPIN missing person file provided the entering agency has documentation in its possession supporting the stated conditions under which the person is declared missing. This documentation ensures that the individuals RIGHT TO PRIVACY will not be violated. This documentation must be from a source other then the investigating Police agency. Some examples are:
PROCEDURE 3.145-1
PAGE 4 OF 4
A.
Written statement from a physician or other authoritative sources corroborating the missing persons physical or mental disability;
B.
Written statement from a parent, legal guardian, next of kin, or other authoritative source advising that the missing person is in the company of another person under circumstances indicating that his/her physical safety is in danger; Written statement from a parent, legal guardian, next of kin, or other authoritative source advising that the missing persons disappearance is not voluntary; A record for a missing person that has been declared un-emancipated under the Laws of the State of New York Should be immediately entered into the NYSPIN system.
C.
D.
DETECTIVE/YOUTH SQUAD: 10. 11. 12. Review original complaint and commence an investigation; Request Communications Center to broadcast description to units on patrol; Complete a Missing Person Form (CCU-5) requesting the teletype operator to enter a teletype into the NYSPIN System;
COMPLAINT CLERK: 13. Complete MV-61A for all missing persons who have reached the age of emancipation and refer them to the Detective Division: Refer complaints to the Youth Division for all missing persons who have not reached the age of emancipation; A. In the absence of Youth Division personnel the complaint clerk shall complete the MV-61A and forward it to the Detective Division personnel on duty.
14.
15. 16. 17.
Enter a teletype into the NYSPIN System at the direction of the investigating detective; Have incident number generated from the computerized system; Forward all reports to the Support Services Division with a copy being forwarded to the Detective Division for their follow-up.
NOTE: The Missing Childrens Act (Public Law 97-292) utilizes the National Crime Information Center Computer System and provides for no waiting period, provides no differentiation between abductions, runaways and parental kidnap victims, creates a uniform unidentified body file and permits the entry of children of any age (until 17) into the system (NCIC). Subject of a Crime: When a person reported missing is later found to be the victim of a crime, the investigating officer shall notify the Desk Officer and prepare a Complaint Follow-up (MV-61B) closing the missing person case, noting a cross-file incident number.
Procedure No. 3.146
CRIME VICTIMS COMPENSATION

Page 1 OF 2 Revised
SUBJECT:
CRIME VICTIMS COMPENSATION
PURPOSE:
The purpose of this policy is to define the Department policy, procedures and responsibilities pursuant to the New York State Crime Victims Compensation Law.
POLICY:
The Police Department recognized that many innocent victims suffer personal physical injury, death, disability, incur financial hardships or become dependant upon public assistance as a result of violent crime. Members of the Department are required to aid crime victims to avail themselves of assistance as provided by the New York State Crime Victims Compensation Law.
PROCEDURE:
1. Eligible crime victims shall be provided with the State of New Yorks brochure titled Crime Victims Can Get Help (Appendix 1A and 1B) Members of the Department will be required to explain the content of the brochure and claim form. Members of the Department will be required to advise victims of their option to contact the local crime victims officer for assistance or guidance in submitting or completing the crime victims claim form. Eligibility The following persons are eligible for crime victims compensation awards: A. The victim of a crime who has sustained personal physical injuries, an elderly victim (60 or older) or disabled victim, not necessarily physically injured, who has suffered a loss or damage to articles or essential personal property. The surviving spouse, parent, child or person dependent upon the victim who
2.
3.
4.
B.
died as a direct result of a crime.

C. A person who has paid for or incurred the burial expenses of a victim. (Unless otherwise eligible, compensation is limited to burial expenses.) A child victim of or witness to a crime or his/her parent, guardian or sibling. An eligible person under the age of eighteen or an incompetent may have the claim application filed on their behalf by a relative, guardian, conservator committee or attorney.
D E.
PROCEDURE NO. 3.146

5. Awards Compensation May be Awarded if: A. B. The person is an innocent victim of crime.
Page 2 of 2
The crime was reported to the police within one week or justification for the delay can be shown. The claim for compensation benefits is filed within one year of discovery or jurisdiction of the delay can be shown.
C.
6.
Benefits Compensation Benefits Include: A. Expenses of medical or other related services not covered by other insurance benefit programs. B. Lost earrings or loss of support up to $400 per week and up to a maximum of $30.000.] C. Burial expenses up to $2,500 D. Occupational rehabilitation expenses. E. Counseling services. F. Cost of repair or replacement of essential personal property lost, damaged or destroyed as a direct result of crime up to $500. G. Transportation expense for necessary court appearances in connection with the prosecution of the crime. H. The cost of residing at or utilizing the services of a domestic violence shelter. I. For good Samaritan victims only, property losses up to $5,000. (1) A good Samaritan victim is a person who has been killed or injured while attempting to prevent a crime, lawfully apprehended a perpetrator of a crime, or assist a police officer in making an arrest.
7.
Emergency Benefits You may obtain emergency benefits if: A. You are deemed to be potentially eligible for compensation benefits and would suffer an undue financial hardship if some immediate payment is not made.
8.
In the event it is believed by a member of this department that a person may be eligible for emergency aid the victim should be referred directly to the crime victim compensation office.
Procedure No. 3.147
SEX CRIME INVESTIGATIONS

Page 1 OF 3 Revised
SUBJECT: PURPOSE:
SEX CRIME INVESTIGATIONS
DEFINITIONS: Sex Crime: The crimes of Rape, Sodomy, Sexual Abuse, Aggravated Sexual Abuse and Sexual Misconduct compromise the list of sex crimes. The type of act, age of the victim or mental capacity of the victim and whether force was used or not are all elements of sex crimes which define the type of conduct proscribed and seriousness of the offense committed. Sex Offenses are defined in article 130 of the Penal Law. PROCEDURE: Officers should understand that the sexual assault of another is one of the most loathsome and disturbing crimes that can be committed. Victims are often traumatized by their ordeal and are under a great deal of psychological stress. Victims may exhibit behavior which his hysterical, belligerent or uncooperative and the expression of emotions such as fear, anger or anxiety are common. The officer conducting the initial interview of the sex crime victim must realize that the unstable behavior on the part of the victim can be expected from someone who has been sexually violated and is not unusual. In order to effectively handle the victim and elicit vital information the investigating officer must treat the victim in a sensitive manner and must act with patience, tact, and understanding. Every effort must be made to assure the victim that he/she is safe and not at fault. MEMBERS: 1. Response a. b. c. d. Respond to the scene quickly and safely. Locate the victim. Aid the victim and obtain necessary medical attention. If, possible, locate, and apprehend the suspect. Establish a crime scene and notify a working detective team.
Procedure No. 3.147 e. f. Locate and identify witnesses to the incident.
Page 2 of 3
Convey the victim, witnesses and suspects to the proper facility, i.e. Headquarters or hospital for continuing investigation.
2.
Investigation a. Interview the victim in order to obtain a description of the suspect and what happened. The interview must take place in a Private Setting. (A private setting shall mean an enclosed room from which the occupants are not visible or otherwise identifiable, and whose conversations cannot be heard from outside such room. New York State Executive Law 642-2a). Officers conducting the preliminary investigation should limit their questions to the type of crime committees, the suspects identity and description, the suspects M.O., the location of the incident and the location of evidence. They should avoid asking the victim to give a detailed account of the actual assault. That aspect of the interview will be conducted by the detectives assigned to the investigation. Officers should be aware that it is often painful for the victim to recount his/her experience numerous times. Therefore the interview of the victim should be limited to these questions: i. ii. What type of assault was committed? What did the suspect look like and was there anything unusual about him/her? a. b. c. d. e. f. iii. c. Scars, tattoos. Accent, foreign language. Height, weight, age, hair color, facial hair. Type of clothing, type of underwear. Unusual undergarments. Unusual genital area.
b.
What did the suspect touch and where exactly did the incident occur?
Broadcast a description and wanted bulletin for the suspect of his identity is known and such broadcast may hasten his arrest. Arrange for prompt medical examination of the victim. The victim should be transported to the Mount Vernon Hospital Emergency Room. Emergency Room personnel will then contact a hospital staff gynecologist to conduct the examination. In cases involving child victims, a medical doctor who has been especially trained in this area should conduct the examination. Saint Josephs Hospital also has a child friendly interview room complete with video capability. The Mount Vernon Emergency Room staff gynecologist should be advised of these resources prior to
d.
e.
Procedure No. 3.147
Page 3 of 3
examining a child victim. When a specialist is not available, the staff gynecologist at Mount Vernon Hospital shall conduct the examination. f. g. Advise the victim not to wash or douche. Safeguard any of the victims clothing or other materials that may contain semen stains. Bloodstains or other trace evidence shall be safeguarded and turned to the evidence collection personnel. Conduct a thorough search of the crime scene for evidence. Evidence should be collected by investigating detectives and should not be handled by anyone else. Conduct a canvass of the area for witnesses. If an arrest is made at that scene or within a short time after the crime occurred, the undergarments of the suspect should be seized along with any outer garments which may be of evidentiary value. Do not allow the suspect to go to the bathroom or wash until all evidence has been removed from his/her person. The incident report filed by the first officer on the scene or the first officer to interview the victim should include a description of the victims appearance and condition at the time she was first encountered. Provide the victim with the name, address, and telephone of the nearest Rape Crisis Center and Victims Assistance Services.
h.
i. j.
k.
l.
Procedure No. 3.160
A.I.D.S. KITS
SUBJECT:
A.I.D.S. KITS
PURPOSE:
To provide members of the department with protective equipment for use when handling persons suspected of having Acquired Immune Deficiency Syndrome (A.I.D.S.) or other infectious diseases.
MEMBERS:
A sealed sterile kit will be maintained in all patrol and detective vehicles for use by any officer of the officer deems it necessary for their safety when handling persons suspected of A.I.D.S or other contagious diseases. 1. Each kit contains: A. B. C. D. E. F. 2. two (2) pairs of rubber gloves two (2) face masks two (2) alcohol towelettes one (1) red plastic disposal bag one (1) protective plastic gown germicidal soap
Vehicle operators prior to the commencement of a tour of duty shall ensure that a sealed kit is readily available and intact. The safety kit shall be placed on the patrol vehicle check-off equipment list (MV-71) by the vehicle operator. If it is necessary to use any of the items contained in the kit, the used items will be placed in the disposal bag immediately upon completion of use and the bag, sealed and placed in the special container marked Contaminated Waste located in Headquarters. The container is secured with a chain and padlock with the key kept at the Main Desk. The remaining items not used will be returned to the Property Clerk and a new sealed kit will be issued for the vehicle. When the kit is used, a U.F. 5 will be prepared by the officer using the kit indicating the source of information or reason for use, i.e., medical authority, court personnel, family or friends, self statement, etc. This report will also include the MV-61 incident number.
3.
4.
5.
6.
PATROL DIVISION:
Between 0800 and 1400 hours, will arrange for disposal of the bag by contacting the Mount Vernon Hospital Housekeeper at 664-8000 extension 3085. The bag will then be brought to the hospital and incinerated.
Procedure No. 3.161
FLAT TIRES
SUBJECT:
FLAT TIRES
PURPOSE: To ensure continued operation of police vehicles. PROCEDURE: 0800-1600 Tours: The operator of a disabled vehicle will inform the Communications Unit of location and request the garage attendants presence to change the flat tire. The attendant must be apprised of certain information prior to his arrival: A. A. C. If there is no spare tire in the trunk, what tire size is required? Is there a serviceable tire in the trunk? Is a jack and handle in the truck?
The operator will remain with the vehicle until it is operational unless given other instructions by a Superior Officer. 1600-2400 and 2400-0800 Tours A. B. C. The city contracted tow company will be called to tow vehicle Headquarters. At no time will a police vehicle be driven with flat tire. A memo book entry is required on all tire changes and all particulars recorded therein. This will be done in all instances by members of the Uniform Force.
STREET SUPERVISOR: The Street Supervisor will read the Memo Book entry and after he is assured that all pertinent information is property recorded he will sign his name directly under his entry.
Procedure No. 3.162
EQUIPMENT ASSIGNED TO RMPs

SUBJECT: EQUIPMENT ASSIGNED TO RMPs

POLICY: 1. Uniform Patrol Vehicles assigned to Post shall contain the following equipment. A. B. C. D. First Aid Kit; CPR Mask; CPR Mouthpiece; Communicable Disease Kit consisting of; (1) (2) (3) (4) Disposable mask and eye protection ; Disposable gown; Disposable latex gloves; Infectious waste (red bag) bag;
2.
Vehicles assigned to Street Supervisors shall contain the following equipment: A. B. C. D. E. First Aid Kit; Portable Light; Crime Scene Tape; Body Shield; Communicable Disease Kit as listed above.
3.
The operator of the vehicle is responsible for all equipment assigned to that vehicle and must report, in writing to his immediate supervisor, all lost, damaged or inoperative equipment assigned to his care.
Procedure No. 3.163
DAILY INSPECTION OF PATROL VEHICLES

SUBJECT:
DAILY INSPECTION OF PATROL VEHICLES
PURPOSE: To ensure that Department vehicles and assigned equipment are received in good serviceable condition. PROCEDURE: OPERATOR: 1. At the beginning of every tour of duty when relieving the previous operator. A. Inspect Vehicle: (1) (2) (3) (4) (5) (6) B. C. 2. 3. Emergency lights; Siren; Spotlight; Jack and lug wrench; Clean inside; Clean outside;
Inspect interior and exterior of vehicle for damage. Inspect all equipment assigned to the vehicle.
Enter findings of inspection on MV-71 and make appropriate entries. Operator going off duty will verify the inspection by signing the form MV-71 in the appropriate space and turn the completed form into the Desk officer. Should relief not be present, operator taking over vehicle will indicate this and turn completed form over to Desk Officer.
4.
Procedure No. 3.164
RMP DAMAGE LOG

SUBJECT:
RMP DAMAGE LOG
PURPOSE:
To provide Desk Officers and Patrol Supervisors with a ready reference to existing damage to RMP vehicles assigned to Uniform Patrol Force.
PROCEDURE: PATROL SUPERVISORS:

1. Whenever a RMP vehicle sustains damage, the officer assigned to the vehicle will complete a MV-82 and MV-83 report duplicate. The MV-82 will provide a written account of the damage sustained; the MV-83 will provide a diagram indicating the area of damage on the vehicle. The MV-83 diagram will include the plate number of the vehicle involved entered in the appropriate area on the diagram. The damage to the vehicle will be indicated by a number corresponding to separate incidents of damage sustained by the same vehicle. A First incident of damage to the drivers door and left fender would be indicated by placing the number 1 in both places on the diagram. A subsequent incident involving damage to the trunk lid of the same vehicle would be indicated by placing the number 2 on the diagrammed trunk lid of the same vehicle.
2.
3.
EXAMPLE:
4.
When damage to vehicle is repaired it will be noted on the bottom of the MV-82 describing the original damage. The corresponding number indicating damage on the MV-83 will be xd out.
DESK OFFICERS:
5. Desk Officers will maintain a binder file of MV-82 and Mv-83 reports. They will also ensure that duplicate copies are forwarded to the Patrol Division.
PATROL DIVISION:
6. Will maintain a duplicate record of MV-82 and MV-83 reports and notify the Desk Officer when repairs to damaged vehicles have been completed.

SUBJECT:
PURPOSE: To establish procedures governing the Emergency Services Unit, trained personnel, equipment and vehicles. PROCEDURES: CHAIN OF COMMAND For the purpose of chain of command, the Emergency Services Unit is under the jurisdiction of the Patrol Division, Special Operations Sections. The Commanding Officer of the Patrol Division shall assign a supervisor as the Commanding Officer of the Emergency Service Unit. PERSONNEL: Only trained and designated MOS will be assigned to the Emergency Services Unit and be authorized to operate equipment and vehicles. Due to the specialization of the unit and various equipment utilized to fulfill its mission every effort will be made to staff each designated tour of duty with two (2) trained and designated MOS. RADIO JOBS: The Emergency Service Unit will not be used for routine back-up. When available, the Emergency Service Unit will respond on the following: 1. 2. 10-30 Robbery in Progress 10-31 Burglary in Progress (forcible entry, complex premise search, or other extraordinary circumstances). 10-39 Shots Fired. 10-47 Investigation(s) that may require Emergency Services personnel or equipment. 10-50 Property Damage Auto Accidents involving unusual circumstances (i.e. hazardous materials, extrication and/or evacuation of occupants) 10-51 Personal Injury Auto Accidents.
3. 4. 5.
6.
Procedure No. 3.166-1 7. 8. 9. 10. 11. 12. 13. 10-52 10-58 10-59 10-65 10-73 10-79 10-85
Page 2 of 3
Aided Case. Tree Down. Wire Down. Hold Up Alarm Bomb Threat Police Service Call (Emergency Services required)and; Additional Unit (Emergency Services requested).
TACTICAL OPERATIONS The Emergency Services Unit will be utilized by the Department for all tactical operations. These operations shall include, but are limited to: 1. 2. 3. 4. All tactical aspects of hostage/barricade negotiations; All tactical aspects of dealing with emotionally disturbed persons relative to containment and preparation for transport; All tactical aspects of barricaded situations; All pre-planned search warrants where forcible entries are anticipated and/or special tactics are anticipated. WHEN AN EMERGENCY SERVICE PERSONNEL ARE ENGAGED IN AN EMERGENCY OPERATION, SUPERVISORS SHALL HAVE DISCRETION OVER THE TACTICAL METHODS EMPLOYED. HOWEVER AT THE SAME TIME, IN SITUATIONS THAT REQUIRE A TECHNICAL OR TACTICAL EXPERTISE THAT THE SUPERVISORS DO NOT POSSES, SUPERVISORS SHOULD DEFER TO THE JUDGMENT OF THE EMERGENCY SERVICE PERSONNEL.
NOTE:
CRIME SCENES: The emergency Services Unit may be utilized by the Detective Division supervisors at crime scenes for the following: 1. 2. 3. 4. Searching for evidence Emergency lighting Forcible entries Related procedures.
NON-SPECIFIC AREAS Emergency Service Unit will be utilized in all instances where their specialized training and equipment would assist the department in carrying out the Police Mission.
Procedure No. 3.166-1 PRIMARY PATROL BOUNDARIES
Page 3 of 3
When actually handling jobs for service, the unit shall patrol within the following boundaries: North East/West Lincoln Avenue East North/South Fulton Avenue South East/West Third Street West South Eleventh Avenue
ACCOUNTABILITY AND MAINTENANCE Emergency services vehicles and equipment will be accounted for on all tours of duty. Additionally, a weekly inventory will be carried out during the day tour on Sunday.
Emergency Services vehicles and equipment will be cleaned and maintained during the day tour on Sunday.
Procedure No. 3.167
USE OF IN-CAR VIDEO CAMERAS

Page 1 OF 3 Revised
SUBJECT:
USE OF IN-CAR VIDEO CAMERAS
PURPOSE: The purpose of this policy is to establish guidelines for use of the in-car, mobile video and audio taping equipment installed in Department patrol vehicles.
POLICY: The in-car video recording system has proven to be a valuable asset in gathering recorded evidence for the prosecution of criminal and traffic violations. The video equipment shall also be used for furthering officer safety, quality assessment of officer performance, training, and defense of complaints against personnel. The videotapes identified in this procedure are the exclusive property of the Mount Vernon Police Department. Any release, dissemination or coping of any portion, both audio or video, is strictly prohibited without the express written consent of the Commissioner of Police or his/her designee.
PROCEDURE: I. Policy Objectives 1. To record All motor vehicle stops: a. Normal traffic violations; Recording shall commence from the point of activating overhead or rotating lights and/or siren and shall continue during the entire stop, concluding as the violator drives away. Suspected DWI; Beginning at the point when the officer first suspects erratic driving and concluding when the subject is removed from the patrol vehicle in the Sally Port. When field sobriety tests are administered, where safety permits, the performance of the test shall be included on the recording.
b.
Procedure No. 3.167 c.
Page 2 of 3 Accident scene: At the direction of a supervisor, where the recording of the scene will assist in the investigation and or adjudication of the case.
2.
Non-traffic Situations: a. Where the use of the camera and/or audio portion will aid in the documentation of the actions of involved parties. In the transportation of a prisoner of the opposite sex or a juvenile, the camera shall remain on until the subject is removed from the patrol vehicle at Headquarters. 1. The video equipment will automatically activate when the vehicles overhead lighting are activated. The equipment may be manually deactivated during non-enforcement activities. Whenever the video equipment is manually deactivated, officers shall properly document the reasons for this action in their official Department Memorandum Book.
b.
2.
II.
Operating Procedures 1. The video and audio equipment installed in vehicle is the responsibility of the officer assigned to that vehicle and shall be used according to manufacturers recommendations. Equipment shall be checked for proper operation at the beginning of each tour. In doing so the officer shall ensure that: a. b. The video recorder is positioned and adjusted to record events; The video is not deactivated until the enforcement action completed; and The wireless microphone is activated in order to provide narration with the video recording to explain the reason for current or planned enforcement action.
c.
2.
Officers shall ensure they are equipped with an adequate amount of videotape to complete their tour of duty. In the event equipment failure is detected, notification is to be made as soon as practicable to the Technology Division by MV-5. A Day Book and official Department Memorandum Book entry shall also be made. Officers shall not erase or in any manner alter the videotapes. The erasing of tapes shall be conducted by members of the Technology Division at the direction of the Commissioner of Police or his/her designee.
3.
4.
Procedure No. 3.167 5.
Page 3 of 3
Officers will log on to the recording system in their assigned patrol vehicle at the beginning of their shift. Officers will log on by turning on the system and then the microphone and identifying themselves by their name, shield number, vehicle number , time and date. Officers are encouraged to inform their supervisor of any videotaped sequences that may be of value for training purpose. Officers shall not only use videotapes as issued and approved by the department. Officers will not play back any portion of the recorded event to an arrested person or violator.
6.
7.
8.
III.
Tape Control and Management 1. Videotapes containing information that may be of value for case prosecution or in any criminal or civil adversarial proceeding shall be safeguarded as other forms of evidence. As such the tapes will: a. Be subject to the same security restrictions and chain of evidence requirements as prescribed by department regulations, Not be released to another criminal justice agency for trial or other reasons without having a duplicate copy made and retained by this department.
b.
2.
Tapes not scheduled for court proceedings or other adversarial or departmental uses shall be maintained for a minimum period as authorized by law. All tapes shall be maintained in a manner that allows efficient identification and retrieval. No videotapes shall be reissued for potential use unless completely erased by designated department personnel.
3.
IV.
Supervisory Responsibilities Supervisors who manage officers operating the in-car video system shall ensure that: 1. All officers follow established procedures for the use and maintenance of the in-car video system equipment, handling of the equipment recordings and documentation. On at least a bimonthly basis they randomly review videotapes and recordings to assist in periodic assessment of officer performance, determine whether the in-car video equipment is being fully and properly used and to identify material that may be appropriate for training.
2.
Procedure No. 3.180
SAFEGUARDING MINORS
SUBJECT:
SAFEGUARDING MINORS
PURPOSE:
Responsibility for locating parent(s) or guardian(s) of children other than lost, runaway or abused subjects.
DEFINITION:
Child..Male or female under the age of sixteen (16) years old.
PROCEDURE:
Upon accepting responsibility for placing a child in control of his parents and the child is not lost, runaway or abused.
DESK OFFICER:
1. Obtain the name, address, phone number and all particulars from person(s) turning over the child or children to the police.
YOUTH SQUAD:
2. Cause a Member of the Youth Squad to commence an investigation in order to expedite the return of the child or children to its parent or guardian.
POLICE OFFICER:
3. In the absence of any Youth Officer the Desk Officer shall assign a Police Officer to undertake the investigation. In the event there is a failure to locate a parent or guardian, the Child Protective Service shall be contacted. Complete reports should be filed either by the Youth Officer or Police Officer with ALL names, including juvenile(s), date of births, addresses, phone numbers, etc.
4.
5.
Procedure No. 3.181
CHILD ABUSE / NEGLECT

SUBJECT:
CHILD ABUSE / NEGLECT
PURPOSE: To establish a procedure for coordinated reporting of cases of suspected child abuse or neglect in accordance with New York State Social Services Law. PROCEDURE: 1. ANY OFFICER, when encountering a child or children whom he/she suspects is abused or neglected (see New York State Family Court Act, Section 1012 (e) Abused, and Section 1012 (f) Neglected shall immediately notify his/her IMMEDIATE SUPERVISOR. The Supervisor will determine whether emergency removal is necessary and/or notifying Child Protective Services. Whenever such action is taken, statues mandate that the New York State Child Abuse and Maltreatment register be immediately notified via telephone, 1-800-342-3720. The operator will give the officer a Registry number for future reference. Statute further mandates that within forty-eight (48) hours after such oral report, written reports shall be submitted to the local Child Protective Service on Department of Social Services form, Report on Suspected Child Abuse and Maltreatment, form number DSS-2221-A. (Refer Section 415 S.S.L.) See attached copy of D.S.S-2221-A which contains abstract Sections from Article 6, Title 6, of the Social Services Law, on its reverse side, for Criminal and Civil Liabilities. DETECTIVE DIVISION YOUTH UNIT: 2. 3. In all cases of Child Abuse or Neglect, the Youth Unit will commence an investigation. In the absence of a Youth Officer, A Squad Detective shall be assigned to undertake the investigation. The Youth Unit will follow up at a later time. When a Youth Officer is present at the initial investigation he/she will be responsible for notifying the State Register and Filing the DSS-2221-A Form. The police officer assigned will have that responsibility at all other times.
4.
DESK OFFICER: 5. The Desk Officer will review the officers MV-61 and DSS-2221-A for accuracy and completeness. He will then forward them to Support Services Division.
PROCEDURE No. 3.181 SUPPORT SERVICES DIVISION: 6.
Page 2 of 2
Support Services Division will copy the DSS-2221-A for our records and they will forward the completed form in its entirety to:
New York State Department of Social Services Child Protective Agency County of Westchester 100 East First Street Mount Vernon, New York 10550
DOMESTIC VIOLENCE
Date Issued 5/8/98 Effective 5/8/98
History OPS-09 FDPVIA/94 CPL140-10.54
SUBJECT: PURPOSE:
DOMESTIC VIOLENCE
To provide a guideline for police officers responding to Family Offenses and Domestic Violence that is consistent with applicable laws, including the Family Protection and Domestic violence Intervention Act of 1994 DEFINITIONS: COMPLAINT/VICTIM: For the purpose of this procedure, victims are described in the following categories: FAMILY/HOUSEHOLD MEMBER AS DEFINED IN THE FAMILY COURT ACT, and includes persons who: A. B. C. D. E. Are legally married to one another; Are related by blood (consanguinity); Were formally legally married to one another; Are related by marriage (affinity); Have a child in common, regardless of whether or not they have been married or lived together at any time.
FAMILY/HOUSEHOLD MEMBER EXPANDED DEFINITION: (not include in the Family Court Act). A. B. Includes a through e listed above; Under the expanded definition not in the Family Court Act in that they: are unrelated persons who are continually or at regular intervals living in the same household or who have in the past continuously or at regular intervals lived in the same household;
Procedure No. 3.182-2 C.
Page 2 of 10
Are unrelated persons who have had intimate or continuous social contact with one another and who have access to one anothers household and they assert that they are intimate partners, in that they have or have had a dating relationship, including same sex couples.
Note : Categories b and c in the expanded definition do not fall under the jurisdiction of the Family Court, and must therefore, be pursued in Criminal Court. A family/household member thus includes persons living in common-law marriages; couples of the same sex; different generations of the same family; siblings; and in-laws. FAMILY OFFENSES: The following offenses defined by the Penal Law, are also defined as Family Offenses by the Family Court Act, and are, therefore, prosecutable in the Family Court: 1. 2. 3. 4. 5. 6. 7. 8. 9. Harassment 1st Degree (240.25 PL) B Misdemeanor; Harassment 2nd Degree (240.26 Pl) Violation; nd (120.05 PL) D Felony ; Assault 2 Degree Assault 3rd Degree (120.00) A Misdemeanor; nd Att. Assault 2 Degree (110/120.05 PL) (110/120.00 PL) Att. Assault 3rd Degree Disorderly Conduct (240.20 PL) - Violation (Does NOT have to be committed in a public place); Reckless Endangerment (120.20 & 120.25 PL) A Misdemeanor and D Felony, respectively; Menacing (120.14 & 120.15 PL) A and B Misdemeanor, respectively;
Any of these categories require completion of a Domestic Incident Report (DIR). Only the categories listed under Family/Household member (see definition above), have the family Court option. In all other listed categories, charges can only be pursued in Criminal Court and the provisions of Criminal Procedure Law 530.11, relating to Family offenses, do not apply. The Family Protection and Domestic Violence Intervention Act of 1994 also establishes the following new laws involving family offenses: MENACING IN THE SECOND DEGREE A misdemeanor 120.14 PL There is a new subdivision 3 which applies where menacing in the Third Degree are offenses for which a victim is given a choice of courts. CRIMINAL CONTEMPT IN THE FIRST DEGREE E felony 215.51 PL Three new subdivisions have been added to this section: 1. 2. When a person recklessly or intentionally causes physical injury or serious injury to a victim of a family offense in violation of an Order of Protection. When a person damages property in an amount in excess of $250.00, intentionally or recklessly, in violation of an order of protection.
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3.
When a person violates an order of protection and has previously , within the past 5 Years, been convicted of Criminal Contempt in the Second Degree, also for violating an order of protection. Contempt in the First Degree is NOT a family offense for which a victim is given a choice of forum. This crime must be prosecuted in criminal court. e.g. Assault 2nd between husband and wife Family Offense:
4.
Assault 1st between same sex couple - NOT a Family Offense but a Domestic Violence complaint, nevertheless. PROBABLE CAUSE: Probable cause exists when the totality of circumstances are such that a person of reasonable caution is persuaded that a crime is being, or has been committed. The probable cause standard in cases of family offenses and other domestic crimes is no different from other Penal Law offenses. ORDER OF PROTECTION: An order, issued by the family Court, Criminal Court or Supreme Court requiring or prohibiting specific behavior, including: hours of visitation; stay away provision; instructions not assault, harass, threaten, menace an any other condition which is deemed appropriate by the court of issuance. An order of Protection my be issued by the Supreme Court in a pending action of this nature. Failure to comply with the provisions of an Order of Protection is an offense. (See criminal Contempt Sections 215.50 and 215.51 of the New York State Penal Law). Out-of-state Orders: orders of protection issued in another State shall be given full0faith and credit in New York. When an officer is presented with an order of protection issued in a State other than New York or by a tribal court, the officer shall attempt to determine its validity, similar to assessment of a New York order. Unless clearly invalid, an out-of-state order should be presumed to be valid. It shall be enforced in the criminal court with jurisdiction over the acts constituting the offense, and the appropriate level criminal contempt charge shall be filed. If the validity of the outof-state order is in question, the officer should arrest for substantive charge if warranted, rather than for a violation of the order. CROSS COMPLAINTS/PRIMARY AGGRESSOR A. B. The intent of this policy is to protect the victims of domestic violence. Cross-complaint arrests based solely upon the parties allegations shall not be made. Where probable cause exists to believe that more than one family or household member, (as defined under the Family Court Act or under the expanded definition) has committed a family offense misdemeanor against one or more such members, the following policies shall apply: 1. 2. The officer shall not inquire as to whether the victim seeks an arrest of such person, or Threaten the arrest of any person for the purpose of discouraging requests for police intervention.
Procedure No. 3.182 C.
Page 4 of 10
Officers are not required to arrest both all parties. However, the primary physical aggressor shall be arrested. The primary physical aggressor is not necessarily the person who was first to use force. During the officers investigation to determine who was primary physical aggressor, the officer shall consider the following: 1. 2. The comparative severity of any injuries inflicted by and between the parties; Whether any such person has made threats of future harm against another party or another family or household member; Whether any such person has a prior history of domestic violence that the officer can reasonably ascertain.
3.
Note: When investigating this factor at the scene, the following sources of information may be available: agency records, NYSPIN Registry Orders of Protection, criminal history, prior acts of violence against others, reports of other officer(s) responding to address for past incidents and statements of neighbors or others in the residence. 4. Whether any such person acted defensively to protect himself or herself or a third person from injury.
D.
When investigating such a case, the officer shall evaluate each persons complaint separately to determine who was the primary physical aggressor. The officer shall not base a decision to arrest or not to arrest on the willingness of a person to testify or otherwise participate in a judicial proceeding. The arrest of the primary physical aggressor does not prohibit the officer from arresting both or all parties. If more than one arrest is made, a separate Domestic Incident Report (DIR) shall be filed for each victim and each DIR shall cross reference the other. No arrest shall be made for acts which officers have probable cause to believe were committed in self-defense in accordance with Article 35 of the Penal Law of New York. Should a complaint relating to the same incident be made at a later time a delayed crosscomplaint- it shall be investigated according to the guidelines outlined above and any arrest decision shall be made in a manner consistent with this policy.
E.
F.
G.
PROCEDURE: When a report of ANY OFFENSE committed between members of the same family/household, as described in the Expanded Definition on Page 1 of this Order, is brought to the attention of a Member of the Department or the Member is directed to respond to such offense by competent authority, the Member shall be guided by the following provisions:
Procedure No. 3.182 DISPATCH PROCEDURES: A.
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A domestic incident call will be given the same priority and prompt response as any other call for service. Staff assigned to communication functions will, whenever practicable, dispatch at least two officers. Upon receipt of a domestic incident call, staff assigned to communication functions will, along with information normally gathered, make every effort to determine and relay the following information to the responding officers. 1. Whether the suspect is present and, if not, the suspects, description and possible whereabouts; Whether weapons or dangerous instruments are involved or known to be at the location or if any other threats exist (e.g., dogs); Whether medical assistance is needed at the scene; Whether the suspect or victim is under the influence of drugs or alcohol; Whether there are children present; Whether the victim has a current protective or restraining order; Complaint history at that location; Identity of caller (i.e., victim, neighbor, child)
B.
2.
3. 4. 5. 6. 7. 8. C.
The computerized registry for orders of protection should be checked prior to the arrival of officers to inform them of any current order of protection and its terms and conditions. Police response to a domestic incident complaint shall not be canceled. However, the responding officers shall be advised of the request for informational purposes and directed to continue their response.
D.
E.
A domestic incident call shall not be recoded (e.g., barking dog, harassment, loud music without a supervisors review. ALL calls dispatched as domestic incidents shall require completion of the standard Domestic Incident Report (DIR), even if the investigation indicates that no domestic incident occurred. MEMBERS: 1. Prevent violence by separating the disputants, checking for any weapons and visibly checking the well being of the occupants of the domicile; Obtain medical assistance if requested or the need is apparent; Ascertain all facts;
2. 3.
Procedure No. 3.182-2 A. B. C. D. 4.
Page 6 of 10
Interview victim and suspect separately, dont allow victim to feel intimidated. Gather all evidence, including pictures of injuries; Interview and depose all witnesses; Check well being of children in the household;
Determine whether: A. B. Probable cause exists that ANY offense has been committed; An Order of Protection has been obtained by the complainant/victim.
5.
If the offender had left the scene prior to the arrival of the Police, attempt to locate and arrest the offender whenever appropriate.
WHEN OFFENDER HAS DEPARTED SCENE PRIOR TO ARRIVAL OF POLICE: A. Conduct search immediate vicinity for offender when probable cause exists that a crime has been committed or an Order of Protection has been violated. AND (1) B. Officer has reason to believe that such search may be fruitful.
Advise complainant/victim to call Police when offender returns, if search produces no results.
6. 7.
An MV-61-DV will be made in ALL cases Domestic Violence. WHERE THE RESPONDING OFFICER BELIEVES THERE IS PROBABLE CAUSE THAT A FELONY HAS BEEN COMMITTED. A. The Officer will not attempt reconciliation and an arrest will be made, even if the complainant/victim does NOT want the offender arrested. (Effectively July 1, 1995, this is MANDATORY by law). If in the event that the complainant/victim does not want the offender arrested and an arrest is made, the Officer must advise the complainant/victim to appear in the District Attorneys Office at the time the Officer files the information. (Felony Complaint)
B.
8.
WHEN THERE IS A PROBABLE CAUSE THAT A MISDEMEANOR, OTHER THAN AN ACT THAT FAILS TO COMPLY WITH AN ORDER OF PROTECTION, HAS BEEN COMMITTED, EITHER IN OR OUT OF THE OFFICERS PRESENCE OR THAT ANY VIOLATION HAS BEEN COMMITTED IN THE OFFICERS PRESENCE.
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The Officer shall not attempt reconciliation and shall arrest the offender, unless the victim requests otherwise. Under this provision, a Police Officer may NOT ask a victim if he/she seeks to have the defendant arrested. A. When the complainant/victim does not want offender arrested, it is within the Officers discretion to affect an arrest, if in his judgment, an arrest is warranted.
9.
WHERE A POLICE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE TERMS OF AN ORDER OF PROTECTION HAVE BEN VIOLATED. (If Stay Away Provision is violated arrest is mandatory by law).
The officer shall not reconcile or mediate the parties, but shall arrest the offender. The offender will also be charged with any other offenses committed, such as trespass, assault or harassment. A Supporting Deposition will be taken from the victim and any witnesses. A. There is no requirement that a crime (felony or misdemeanor) occurred in the Officers presence.
The arrest may be found upon factors other than the Officers observation, including, but not limited to, physical injury, property damage, signs of serious physical disruption, and/or statements by victim or other witnesses. The arrest can be made solely on the basis of probable cause. NOTE: Officer cannot effect an arrest for a VIOLATION NOT COMMITTED IN HIS PRESENCE, UNLESS the constituting violation is specifically prohibited in existing, current Order of Protection issued to the complainant/victim. 10. Advise complainant/victim of shelter and other services: A. Provide complainant/victim with form MV-94, entitled Rights of Victims of Family Offenses. This form MUST be given to ALL victims.
11.
Remain at the scene in NON-ARREST situation until satisfied that danger of recurrence of dispute has subsided.
Note: A crime investigation report (MV-61-DV) WILL be prepared in ALL cases in which police respond to any alleged offense, including instances of failure to comply with the terms of an Order of Protection, committed between members of the same family/household, as described in the Expanded Definition. 12. Officer is required to make an arrest as specified in steps 7 and/or 8 even though: A. The parties are married, or are members of the same family/household, as described in the Expanded Definition; or The complainant/victim has not sought or obtained an Order of Protection; or
B.
Procedure No. 3.182-2 C.
Page 8 of 10
The officer believes that the complainant/victim will NOT sign a complaint in court; or The complainant/victim has instituted prior pending legal proceedings; or The officer prefers to act as mediator or reconcile the difference between the parties; or The complainant/victim does NOT have visible injuries.
D. E.
F. 13.
If complainant/victim does NOT want an arrest affected for a misdemeanor or any violation committed in the officer presence by a family member as outlined in this procedure: A. B. Request complainant/victim to sign MV-94A and check the appropriate area. Enter REFUSED SIGNATURE if complainant victim will NOT sign.
14.
UPON ARREST OF OFFENDER NOTE: To constitute a family offense, two (2) conditions MUST BE MET, to wit: The specific offense AND family/household relationship between victim and offender must be specified in Family Court Act (refer to definition of family offense, at beginning of procedure). If either condition is not met, the offense is not a Family Offense and must be processed in Criminal Court. A. Determine court jurisdiction as follows: (1) Family Offense-Family Court and Criminal Court have concurrent jurisdiction; charge(s) may be processed in EITHER Family Court or Criminal Court. Non-Family Offenses-(includes Assault 1st Degree) Criminal Court has exclusive jurisdiction; (charge(s) MUST be processed in Criminal Court).
(2)
B.
When the act is failure to comply with an Order of Protection and is also a: (1) (2) CRIME: violator may be charged with that crime: FAMILY OFFENSE: concurrent jurisdiction exists REGARDLESS of which court issued the Order of Protection.
C.
An act which normally would not constitute an offense, but which is prohibited by and would fail to comply with an Order of Protection, e.g. to complainants residence or place of employment, telephoning the complainant, etc. can only be prosecuted in the court that issued the Order of Protection.
Page 9 of 10
If underlying act is a failure to comply with the terms of an Order of Protection and is not a CRIME OF FAMILY OFFENSE, the offense to be listed is VIOLATION OF AN order of PROTECTION. 15. WHEN CONCURRENT JURISDICTIONS EXISTS: Advise complainant/victim that: A. Criminal Court processing of the charge(s) is for the purpose of prosecution of the offender and may result in a criminal conviction. Family Court processing of the charge(s) is a civil proceeding, the purpose of which is to attempt to stop violence, end family disruption, provide protection. Counseling is also available. A victim can choose criminal court or family court or BOTH. (FCA sections 115, 812, 813; CPL. Sections 100.7, 530.11). This means the same facts can be heard in both courts at the same time if the victim chooses and the victim must be so advised when police respond to a domestic violence call.
B.
C.
16.
Make entry on MV-61 DV that the complainant/victim was advised of and issued an MV94A. (If necessary have rights read to victim (Spanish or English) A. B. C. Difference between proceedings in each court; Importance in selection of appropriate courts to process charge(s). When an arrest is made, the complainant/victim will sign an MV-94A, Written Notification of Choice and Acknowledgement. This form will accompany the MV61-DV to the appropriate court.
17.
DO NOT issue DESK APPEARANCE TICKET when complainant/victim and offender are members of the same family/household, as defined in the Expanded Definition of family/household, as defined in the Expanded Definition of family/household at beginning of procedure, AND: A. B. Offender failed to comply with an Order of Protection; or Offense charged is Disorderly Conduct (including acts amounting to disorderly conduct NOT committed in a public place) harassment, menacing, reckless endangerment, and Assault 3rd degree or attempted assault; or Complainant/victim requests opportunity to obtain a Temporary Order of Protection, OR facts of the cases indicate the immediate need of Temporary Order of Protection. Because of recurrence of violence against complainant /victim, statement by defendant, active present hostility against complainant/victim, etc.
C.
Procedure No. 3.182-2 D.
Page 10 of 10
Officers shall not assure victims that an arrested individual will remain in custody overnight because of the provisions of this policy. Such assurances to the victim might influence decisions regarding safety precautions that the victim may take.
FIREARMS When a perpetrator in a domestic incident uses or threatens the imminent use of firearms or other legally possessed weapons, confiscation is permitted. In the domestic incidents not involving the threat of weapons, consider affecting the voluntary surrender of firearms, rifles, shotguns and other weapons. A. Confiscate legally possessed weapons as evidence when the domestic incident involves violence with the weapon or its threatened use. Seize and confiscate illegally possessed weapons as contraband. Arrest for appropriate weapons violations. Accept legally possessed weapons, which are voluntarily surrendered. Upon arresting an individual who is licensed to carry, possess, repair and dispose of firearms pursuant to Article 400 of the Penal Law, the arresting officer should, whenever practicable, notify the court of the licensing authority and the country of issuance.
B.
C. D.
POLICE/PEACE OFFICER RELATED INCIDENTS A. Whenever an officer responds to a domestic incident wherein one of the parties is a police officer, peace officer or corrections officer, the responding officer should notify the appropriate level supervisor. Where a police officer, peace officer or corrections officer is arrested for a domestic incident, notification should be made to the Department, which employs the officer. Where a firearm is used or threatened to be used in the course of a domestic incident and one of the parties is a police office, peace officer or corrections officer, notification should be made to the department employing said party regarding the incident.
B.
C.
DESK OFFICER: 18. VERIFY ACCURACY AND COMPLETENESS OF ALL REQUIRED FORMS.
NOTE: ALSO SEE TRAINING ORDER #06-95, FAMILY PROTECTION AND DOMESTIC VIOLENCE INTERVENTION ACT OF 1994, AND TRAINING ORDER #02-98, LEGISLATION AMENDING CRIMINAL PROCEDURE LAW 140.10 SUBDIVISION 4-PRIMARY AGGRESSOR.
FAMILY COURT ACT, WRITTEN/ORAL NOTICE TO VICTIMS

Date Issued 4/14/95 Effective 4/17/95 History Proc. 3.183
SUBJECT:
FAMILY COURT ACT, WRITTEN/ORAL NOTICE TO VICTIMS
PURPOSE: To ensure that police officers comply with the Family Court Act, Art 8, Section 812 and advise victims of family offenses of the availability of shelters and other support services in the community; and to encourage victims of family offenses to avail themselves of the remedies that the Law affords them. AUTHORITY: Family Court Act, Art 8, Section 812 and the Criminal Procedure Law, Art 530, Section 530.11. PROCEDURES 1. The law requires, in part, that the investigating officer must give victims information about shelters and other appropriate services that are available in the community, in writing. This information has been compiled on an MV-94 Form entitled Rights of Victims of Family Offenses which MUST be given to all victims, and if necessary, they shall be delivered orally in English or Spanish. Additionally, an MV-94A (Written Notification and Acknowledgment of Rights of Victims of Family Offenses) shall be filled out and signed in the appropriate areas. If a victim declines to sign said form the word Refused shall be inserted by the officer on the appropriate line. A supply will be kept at the Main Desk. Members on duty shall keep a sufficient number of MV-94A forms on their person to be utilized when needed.
2.
3.
Procedure No. 3.184
JUVENILES, PROCESSING
Page 1 OF 8 Revised
SUBJECT: JUVENILES, PROCESSING

PURPOSE: The Family Court Act, the Penal Law, the Probation Department and the Family Court impose special requirements for the processing of juveniles. Therefore the purpose of this section is to establish the proper procedure for handling juveniles. GUIDELINES: 1. A child may be taken into custody under the following conditions: A. B. With a detention order issued by a family Court Judge; or When a child is alleged to be in need of services and there is a clear and substantial danger to the childs life or health, or the assumption of custody is necessary to insure the childs appearance before the court. When, in the presence of the police officer who makes the arrest, a child has committed an act designated that such is necessary for the protection of the public interest; or When there is a probable cause to believe that a child has committed an offense which is committed by an adult would be a felony; or When the police officer has probable cause to believe that a person committed to the State Department of corrections as a child has run away or that child has escaped from a jail or detention home; or W hen the police officer has probable cause to believe a child has run away from a residential, child-caring facility or home in which he/she had been placed by the Court, the local department of social services or a licensed child welfare agency; or When the police officer has probable cause to believe that a child has run away from home, or is with out adult supervision at such hours of the night and under such circumstances that the police officer reasonable concludes that there is a clear and substantial danger to the childs welfare.
C.
D.
E.
F.
G.
2.
When the officer takes a child into custody he shall proceed as follows: A. Transport (1) At all times a juvenile shall be kept separate from adults.
PROCEDURE NO. 3.184 (2)
Page 2 of 8
If the juvenile is brought to headquarters the juvenile shall be brought directly to a designated juvenile area at headquarters. The designated areas at headquarters are Rooms 158 Detective interview room, 151 Detective interview room, 151 Detective conference room, 172 Youth Unit officer.
B.
Complete a Juvenile Card if the youth has: (1) (2) (3) Committed any criminal offense; or Been determined as a child in need of services; or Escaped or a runway from a child caring facility.
C. D.
Complete an MV-61 Report. Notify the childs parents or guardian that the child is in custody, inform them of the reason, and advise them that their presence is required. Request the on duty Juvenile Officers assistance when there is a need for extensive or follow-up investigation under the following circumstances: (In the event no Juvenile Officer is on duty, notification is to be made to the Squad Detectives). (1) (2) Child abuse and child neglect. Multiple juvenile offenses or offenders in situations where in the expertise of a youth officer is needed. Misdemeanor When there is a need for extensive or follow-up investigation under the following circumstances: i. Homicide ii. Aggravated assault iii. Robbery iv. Grand Larcenies v. Burglary vi. Other serious felonies (5) (6) Execution of a warrant. RUNAWAYS: Youth Unit personnel WILL NOT be called for runaways, UNLESS ABSOLUTELY NECESSARY. Runaways have not committed a crime can be kept in any non-cell area.
E.
(3) (4)
F.
Two (2) officers shall be present at all times while a juvenile is in police custody and is being questioned or processed.
PROCEDURE NO. 3.184 PROCEDURES: 3. Determination of Status The Police Officer shall determine if: A. The subject is in fact a Juvenile Delinquent.
Page 3 of 8
The person is a Juvenile Delinquent if he or she commits a CRIME (Misdemeanor of Felony) and is over the age of seven (7), but less tan the age of sixteen (16); or B. The subject is a juvenile offender. The person is a Juvenile Offender if he or she is: (1). (2). Thirteen (13) years old and commits Murder 2nd degree, Subdivision 1 and 2; or Fourteen (14) fourteen or fifteen (15) years old and commits: i. Murder 2nd degree, Subdivision 1 & 2 and subdivision 3 (certain restriction- refer to Penal Law) ii. Kidnap 1st degree. iii. Arson 1st and 2nd degrees. iv. Assault 1st degree, Subdivision 1 & 2; v. Manslaughter 1st degree, Subdivision 1 & 2; vi. Rape 1st degree; vii. Sodomy 1st degree, Subdivision 1 & 2 viii. Aggravated Sexual Abuse; ix. Burglary 1st degree; x. Burglary 2nd degree, Subdivision 1; xi. Robbery 1st degree; xii. Robbery 2nd degree, Subdivision 2; xii. Attempted murder 2nd degree, or xiii. Attempted Kidnap 1st degree. 4. Questioning A. A Juvenile Delinquent or a Juvenile Offender shall only be taken to a designated juvenile area. (1) The designated area at headquarters are rooms, 158 Detective interview room, 151 Detective conference room, 172 Youth Unit office.
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Under no circumstances may a Juvenile Delinquent or Juvenile Offender be questioned at a non-designated location, unless specifically authorized by the Family Court. Notification of a parent or guardian is required whenever a juvenile is taken into custody, and that responsibility shall be assumed by the arresting officer or the detective bringing the juvenile in for questioning. (1) (2) Notification shall be made either in person or by telephone. In the event an officer is unable to locate the parents or guardian, a note shall be left at their place of residence, indicating the juvenile is in custody. Should the parents or guardian not be at home, but a baby-sitter, relative or some other person is, the notification shall be left with them. The name of the person receiving notification shall be recorded by the contacting officer. The type of notification, or lack of it, shall be noted on the report form.
C.
(3)
(4)
(5) D.
Questioning of a Juvenile Delinquent or Juvenile Offender should be done in the presence of a parent or guardian. The officer must make every reasonable effort to locate a parent or guardian, and to facilitate their presence prior questioning. Prior to any questioning the Juvenile Delinquent or Juvenile Offender shall be given the appropriate Miranda Warnings. If a parent/guardian is present, said parent/guardian must also be advised and both must waive before suspect is questioned.
E.
5.
Fingerprinting and Photographs A. Fingerprinting and photographs MAY ONLY be taken at the designated Juvenile Office. Fingerprints MUST be taken and photographs MAY be taken only if: (1). The juvenile is eleven (11) years or older and the crime which is the subject of the arrest or which is charged in the petition is a class A or B felony; or
(2).
The juvenile is thirteen (13) years old or older and the crime which is the subject of the arrest or which is charged in the petition is a class A, B, C, felony.
B. 6.
Departmental policy is to take photographs whenever fingerprints are taken.
Processing of Juvenile Delinquent. A. A Family Court appearance ticket will be used when a Juvenile Delinquent is to be released in the custody of a parent pr guardian. Copies of the Family Court appearance ticket are distributed as follows: (1). (2). (3). Copy to appropriate Probation Service. Copy to juvenile. Copy to parent or guardian.
PROCEDURE NO. 3.184 (4). (5). B. Copy to complaint (s). Original with department reports.
Page 5 of 8
Family Court appearance tickets must have a return date: (1). Within three (3) days for designated felony; or (see Family Court Act, Article 3 Section 301.2-8) Not less than ten (10) days or no more than fourteen (14) days for any other charge.
(2). C.
Family Court appearance tickets are answerable in the following Family Court: (1). New Rochelle 524 North Avenue Wednesday 1000 hours
D.
The Arresting Officer is required: (1). In the case of misdemeanor arrests the Arresting Officer shall obtain all supporting depositions from complainant (s) and witnesses, present during the preliminary investigation. To complete the department crime investigation reports and juvenile cards.
(2). E.
The Investigating Detective is required: (1). In the case of a felony arrest he shall obtain all supporting depositions from complainants and witnesses. Complete the follow-up investigation reports.
(2). F.
When a Juvenile Delinquent is taken directly to detention or Family Court, a Family Court appearance ticket is not necessary. However, all other paperwork must be completed and submitted without delay. The Youth Officer will forward a copy of the Family Court appearance ticket and all supporting documentation to the Probation Department office affiliated with the appropriate Family Court.
G.
7.
Housing A. B. No Juvenile Delinquent or Juvenile Offender will be detained in a cell at Headquarters. Juvenile Delinquents who cannot be released to a parent or guardian (unavailability, threat of violence, seriousness of crime), must be taken to the appropriate Family Court. When the appropriate court is not in session, the juvenile must be housed at Woodfield Cottage or at the closest available delinquent youth facility. (1) No juvenile under ten (10) years of age will be brought to a detention facility.
C.
Page 6 of 8
Said juvenile under ten (10) years of age must be released to a parent or guardian (with a Family Court Appearance Ticket) or the police must sit with them until Family Court is in Session.
D.
To commit a juvenile to Woodfield Cottage the youth officer must complete a request for Detention form. This form must be presented with the juvenile upon arrival at Woodfield Cottage. (1) If the youth appears to be impaired by drugs or alcohol the youth must first be taken to the emergency room of the Westchester County Medical Center and be cleared by a doctor before admittance to Woodfield will be allowed. If Woodfield Cottage has no available beds, Woodfield Cottage will assist in locating a facility with available beds. If the crime is a misdemeanor or the juvenile is not charged with a crime and the parent or guardian cannot be located, the youth may be lodged in a non-secure juvenile detention facility. The authorized facility located in Westchester County is: a. Saint Agathas Old Boston Post Road New Rochelle, New York Telephone # 636-6803 or 636-6804 St. Christophers-Jennie Clarkson Child Care Services Valhalla campus, Route 22 Valhalla, New York 10595 914-949-0665
(2)
(3)
b.
8.
Processing of Juvenile Offender A. The following cards will be processed whenever a juvenile is arrested on felony charges as listed on DCJS form 2209. (1) (2) (3) (4) JUVENILE OFFENDER CARD (JUVENILE ARREST CARD) NEW YORK STATE CARD F.B.I. CARD MOUNT VERNON FINGERPRINT CARD
These cards are part of a kit, which are made up for this purpose, and can be obtained from the Youth Unit. Juvenile arrest numbers will be listed on all cards where appropriate. The juvenile card will be transmitted to D.C.J.S by our fax machine located in CIU. The Juvenile, State and FBI cards will be mailed to D.C.J.S without delay. Photographs of this defendant will be taken with a Polaroid camera only, and photos along with the Mount Vernon Fingerprint Card will be kept separately in a secured place. Attached is the DCJS Chart (DCJS-2209) listing offenses for which juveniles should be fingerprinted.
Page 7 of 8
The following are steps that should be followed when a Juvenile is arrested and charged as a Juvenile Offender: Juvenile packets can be obtained from the Youth Unit or a Detective Supervisor when youth detectives are unavailable. These packages include all the necessary forms. 1) ARREST ENTRY Use a juvenile arrest packet which can be obtained from Detective Division. FINGERPRINTING CARDS Packet has 4 cards: FBI Card, Juvenile Arrest Card, DCJS State Card and Mount Vernon Card. The Juvenile Card will be transmitted to DCJS by CIU personnel. The FBI, Juvenile and State Card will be mailed to; DCJS Division of Criminal Justice Services Executive Park Tower Stuyvesant Plaza, Albany, NY 12203
2)
The Mount Vernon Card will be returned to the Juvenile packet and secured (See below) 3) Photographs No Mug Shots, Polaroids ONLY. Take one front view and one side view. Secure photos (See below) Juvenile Arrest Packet Complete packets should be turned over to the Youth Unit for further processing. If unavailable, secure the packet with a detective supervisor.
4)
Youth Unit Attach a 3x5 index card to pictures with youths pedigree, put pictures in a cellophane picture holder (sleeve, fold over & staple. Then place pictures and the Mount Vernon Fingerprint card in the juvenile packet. Put CASE # ONLY on the outside of envelope. Initial & seal with secure tape. Turn envelope over to Commanding Officer of Detective Division.
5)
Detention Facility Youth must then be transported to the WOODFIELD Detention Home (Juvenile Jail), located in the Grasslands Reservation. Valhalla.
9.
Other Incidents of Juveniles in Custody A. When a juvenile is taken into custody for acts that would constitute a violation, is lost or is a danger to himself, he must be turned over to a parent or guardian, Family Court, or Jennie Clarkson non-secure facility as circumstances dictate. If the Youth Officer determines that the juvenile is: (1) (2) (3) A multiple offender; or The parent or guardian cannot exercise control over the juvenile; or There is a petition or warrant outstanding; the juvenile shall be placed in Wood Field Cottage or a similar facility.
B.
C. 10.
MV-61 Crime Investigation Report will be submitted. Filing of Juvenile Cases
Page 8 of 8
All police records relating to the arrest and disposition of any juvenile shall be kept in files separate and apart from the arrests of adults and shall be withheld from public inspection, as per Section 381.3 of the Family Court Act. A juvenile delinquent case folder will be prepared for all juvenile arrests, the same as Detective Division case folder, but will be filed in the juvenile delinquent file drawer in the Youth Unit office. A Juvenile Case Log file will also be kept in the Department Computer and will maintained by the Juvenile officer. In all MV-61s and other reports pertaining to a juvenile defendants, all shall be clearly marked Juvenile Not For Publication. Reports containing the names of juvenile defendants shall not be made available to the public unless authorized by the C.O. of the Records Unit only when the juveniles name is totally obliterated. Filing, maintenance, and confidentiality of juvenile records shall be the responsibility of the Youth Unit supervisor All photos taken of juveniles will be kept in the C.O. of the Detective Division office.
B.
C.
D.
E.
F.
G.
Procedure No. 3.185
POLAROID EVIDENCE OF DOMESTIC VIOLENCE INCIDENTS

Page 1 OF 2 Revised
SUBJECT: PURPOSE:
POLAROID EVIDENCE OF DOMESTIC VIOLENCE INCIDENTS
To establish clear procedures for the use by members of the Mount Vernon Police Department of Polaroid cameras at the scene of a domestic violence incident in order to gather evidence and to document the scene. Additionally, the proper method of documenting the use of film and maintaining needed Polaroid equipment and supplies shall be addressed. POLICY: The policy of this Department as it relates to Domestic Violence as delineated in Operational Procedure Number 3.182 remains unchanged. The Department recognizes the need to collect certain photographic evidence in situations which fall under existing Procedures. Accordingly, Members shall make use of Polaroid photography to support case preparation in situations which do not require notification of and response by the Criminal Investigation Unit. DEFINITIONS: The Polaroid spectra close-up kit is the equipment used to obtain photographic evidence. The kit includes the following: 1. 2. 3. 4. 5. SCOPE: Members trained in the use of the Polaroid Spectra camera system. PROCEDURE: 1. Members of the Department shall use the Department issued Polaroid camera for Department business only. Spectra camera system, 1:1 copy stand, close-up lens, 1 pack of film (10 photographs) camera bag.
Procedure No. 3.185 2.
Page 2 of 2
An assessment of each situation shall be made by the responding members as to the need for the Criminal Investigation Unit. Such evaluation is necessary as Polaroid cameras have limited photographic capability and cannot take the place of photographs taken by CIU. Where CIU is not needed and Polaroid evidence would enhance case preparation, photographs shall be taken to document the following conditions; A. Visible signs of bruises, lacerations, torn clothing, or other signs of physical injury, B. Weapons or dangerous instruments that were used or threatened to be used, C. Relevant damage to property at the scene, D. The condition of the premises where such condition is relevant to the case.
3.
4.
Each photograph shall be labeled with the following information; A. B. C. D. Date of the incident Year followed by the report number Member name and shield number Photograph number using the following format; P1 of 2, P2 of 2, etc.
5.
The reporting Member shall note the number of pictures taken with a brief description of each photograph in the narrative section of the New York State Supplemental Report. The photographs are to be attached to and submitted with the completed incident report. The completed report, including the photographs, shall be submitted to the Desk Officer for review insuring compliance with this and prevailing report writing procedures. The photographs shall then be submitted into evidence. Equipment failures shall be document on MV-5s and forwarded to the Support Services Division. Members shall respond to the Criminal Investigation Unit during business hours to obtain additional film packets when necessary and authorized by the Desk Officer. The distribution of the Polaroid film packets shall be recorded in the usual manner prescribed by the Criminal Investigation Unit.
6.
7.
8.
9.
10.
Procedure No. 3.200
TELETYPE OPERATION PROCEDURES AND SECURITY

SUBJECT:
TELETYPE OPERATION PROCEDURES AND SECURITY
PURPOSE: To establish procedures for the Security and integrity of the New York Statewide Police Information Network and the dissemination derived from it. DEFINITIONS: NYSPIN.New York Statewide Police Information Network TAC..Terminal Agency Coordinator (Teletype Security Officer) NOTE: It is the responsibility of all Members of the Department that utilize the NYSPIN System to ensure that the Security and the Integrity of the system are continuously maintained and that any illegal attempt to utilize the system are properly reported. TELETYPE OPERATORS: 1. Shall ensure that no information received through the NYSPIN system is disseminated to anyone outside the Criminal Justice System unless directed by an appropriate court or other legal authority; Shall ensure that all printed matter received over the NYSPIN System is properly disposed of (i.e, shredded or burned); once that information is no longer current or pertinent to the Departments interest. Shall transmit only authorized messages via NYSPIN that are to be used for Criminal Justices purposes and authorized by a sworn member of the department assigned an agency identifier (ORI); Shall ensure that inquiries made via NYSPIN are for Criminal Justice purposes ONLY; Shall immediately report any attempts to Breach the security of the NYSPIN System to a Superior Officer and the Terminal Agency Coordinator (TAC)
2.
3.
4. 5.
TERMINAL AGENCY COORDINATOR: 6. When a reported attempt to breach security of the NYSPIN System is received, the TAC shall; notify the Commanding Officer of the Support Services Division or in his absence the Communications Supervisor, and under their direction transmit a teletype to State Police Albany (QHQT) providing as much of the following information as possible.
Procedure No. 3.200 A. B. C. D. E. F. G. H.
Page 2 of 2 Date of incident Time of incident Type of information requested (i.e. DMV, CCH, address, etc.) Specific information requested (i.e. Name, Registration number, etc..) Name and title of person attempting to access Agency name used by person attempting access Call back number and ORI used by the person attempting the access Was an attempt to make a call back to number given made? The format that should be completed for reports of NYSPIN security breaches may be found in the Departments terminal through the Long Term Retrieval menu (KWMV LTRI).
NOTE:
7. 8.
Shall notify the Desk Officer of the attempted security breach. Shall investigate all reported attempts to breach the security of the NYSPIN System and report his findings to the State Police Albany and to the Commanding Officer of the Support Services Division.
DESK OFFICER: 9. Shall make a Day Book entry briefly recording the circumstances and who was notified.
COMMANDING OFFICER SUPPORT SERVICES DIVISION: 10. If the attempted breach has been committed by a Member of the Department, the Commanding Officer of the Support Services Division shall request through the Members Division Commander for a report detailing the reasons for the NYSPIN inquiry. Shall report to the Inspector detailing the action if the violations has been committed by a Member of the Department;
11.
REFERENCES: New York Statewide Police Information Manual Part 1 Section 1, Article II Section 215 Subdivision 3 of the Executive Law of the State of New York Park 486, New York State Penal Law section 156.00
Procedure No. 3.201
ARREST ENTRIES INTO NYSPIN

SUBJECT:
ARREST ENTRIES INTO NYSPIN
PURPOSE: To establish a procedure for the entering of all FELONY and MISDEMEANOR arrest into the NYSPIN System. DESK CLERK: 1. Immediately after completion of the arrest process the Desk Clerk shall complete a CCU-4 form and forward it to the Teletype Operator for transmission via the NYSPIN System.
NOTE: A warrant Inquiry (WINQ) must be completed on all arrest before bail is to be considered. Responses shall be indicated in the arrest book. Upon completion of the WINQ if there is a positive response the Teletype Operator should make a telephone call to the originating agency to determine if the warrant is still active and transmit an HCR1 (Hit Confirmation Request) format. COMPLAINT CLERK / DESK CLERK: 2. Shall transmit a preprogrammed F13A arrest format on the NYSPIN System, completing all information requested. Shall attach the pink copy of the teletype to the officers original incident report and forward to the Support Services Division. Shall attach the yellow copy of the teletype to the CCU-4 form and file it in the current monthly folder.
3.
4.
DESK OFFICER: 5. Shall insure that the CCU-4 form is completed by the Desk Clerk and that the Warrant Inquiry and Arrest Entry have been entered into the NYSPIN.
Procedure No. 3.202
ARTICLE ENTRIES OF STOLEN LOST/ RECOVERED

SUBJECT:
ARTICLE ENTRIES OF STOLEN LOST/ RECOVERED PROPERTY
PURPOSE: To enter stolen, lost recovered identifiable property into NYSPIN computer system. MEMBER: 1. When completing an incident report on stolen as lost property, member should ascertain as much information pertaining to each item as possible, including: A. B. C. D. 2. Type of property taken Brand Name Model number if available Serial number or owners assigned number.
Shall notify the teletype operator that identifiable property has been reported lost or stolen so entry can be made into the NYSPIN system. Shall notify detectives that identifiable property was stolen in the commission of a crime;
3.
TELETYPE OPERATOR: 4. Upon receipt of a report that identifiable property has been lost or stolen, shall enter this information into the NYSPIN teletype system; Shall enter into the NYSPIN system any identifiable property that has been recovered by this department but has not been reported stolen by any other agency; Shall attach a copy of the teletype to the original report to be filed in the Support Services Division:
5.
6.
DESK OFFICER: 7. Shall ensure that all reports of identifiable property that have been reported lost, stolen, or recovered and not previously reported stolen have been entered into the NYSPIN system and that the proper teletype has been attached to the report;
PROCEDURE No. 3.202 8.
Page 2 of 2
Shall ensure that all reports are completed accurately and completely and sign same then forward them to the Support Services Division.
DISTRIBUTION: Incident Report: White Copy Pink Copy Yellow Copy Gold Copy Teletype: White Copy Yellow Copy Pink Copy -Appropriate teletype file drawer -Attach to Pink copy of incident report and file in the Article Folder -Attach to the white copy of the incident report and forward to the Support Services Division -Support Services Division -Teletype Section -Chiefs office -Detective Division
NOTE: If Detectives need a copy of the teletype have them make a copy of the teletype from the original white copy.
MEMBERS: 9. Any Member recovering lost or stolen property shall notify the teletype operator to cancel the alarm if it is a local alarm or place a locate against the alarm if it has been by another agency. If an arrest is the result of a teletype alarm of stolen property a Hit Confirmation Request (HCR1) teletype should be sent to the issuing agency to establish Probable Cause to arrest. Copies of all teletypes should be attached to the incident report for future reference.
10.
Procedure No. 3.203
REQUESTS FOR CRIMINAL HISTORY CHECKS

SUBJECT:
PURPOSE:
REQUESTS FOR CRIMINAL HISTORY CHECKS
To control the dissemination of Criminal Records obtained through NYSPIN PROCEDURE: A Member of the Department assigned to the Detective Division who needs to obtain a Criminal History on a subject, for the purpose of a criminal investigation, in which there is a written case, must submit an MV-39, Request for Criminal History and Record Check to the teletype operator. MEMBER: 1. 2. The MV-39 will be completed with as much information as possible. Have request approved and signed by a Supervisor. A. If in an emergency, and no Supervisor is available the request can be submitted to the teletype operator provided that a supervisor signature is obtained at a later date.
3.
No Criminal History Record or Record Check will be transmitted via NYSPIN without the MV-39 form being completed. Criminal Histories and Record Checks can only be requested for criminal cases through the Division of Criminal Justice Services. Any other purpose for Criminal Histories or Record Checks must be submitted to the Division of Criminal Justice services in Albany by supplying a completed fingerprint card and the appropriate fee.
4.
COMPLAINT CLERK / DESK CLERK: 5. Upon receipt of an MV-39, Request for Criminal History and Record Check, the clerk shall ensure that all necessary information has been completed including the Case number. The Clerk will then cause a request for Criminal History to be transmitted via NYSPIN. Upon receipt of the Criminal History response the clerk will take the white copy of the teletype and attach it to the MV-39 and file it in the monthly file folder. The remaining copies of the teletype are to be given to the requesting officer. Only members of the department who have been certified and have the proper access code are authorized to obtain information through the NYSPIN System.
6. 7.
8.
Procedure No. 3.204
DCJS CRIMINAL HISTORY RECORDS

SUBJECT:
PURPOSE:
DCJS CRIMINAL HISTORY RECORDS
To acquaint operators of the DCJS Fingerprint Facsimile Network of the procedures for distribution of Criminal History Record Information (CHRI) replies to fingerprint cards transmitted. PROCEDURE: COMPLAINT/DESK CLERK: CHRI replies to fingerprint transmissions from each site will be returned by NYSPIN according to the following distribution: 1. The primary DCJS CHRI reply will be addressed and retuned to the NYSPIN Terminal of the agency listed as the Contributor in Field 26 of the DCJS-2 Arrest Fingerprint Card. A secondary CHRI reply will be addressed to the Westchester County District Attorneys Office and also returned to the Contributors NYSPIN Terminal. If the contributor does not have a NYSPIN Terminal, the primary and secondary CHRI replies will be returned to the NYSPIN Terminal located at the Facsimile Site for delivery to the Contributor and District Attorney. DCJS will not follow-up these on-line replies with mailed copies.
2.
3.
4.
NOTE: In instances when a DCJS-6 Inquiry Fingerprint card or a fingerprint card concerning an unknown decedent is transmitted by a facsimile, their reply will be addressed and returned to the NYSPIN Terminal of the agency listed as the Contributor on the Fingerprint card, or to the facsimile site if the Contributor does not have a NYSPIN terminal. Again, no mail follow-up copies will be distributed. These distribution procedures will be followed for facsimile transmissions from each regional site in the County. 5. All copies of CHRI replies should be delivered to the Criminal Identification Unit for further distribution.
Procedure No. 3.205
ENTRY OF RECOVERED GUNS INTO NYSPIN

SUBJECT:
PURPOSE:
ENTRY OF RECOVERED GUNS INTO NYSPIN
To establish a procedure for the timely entry of guns, recovered by Members of the Department, into the New York Statewide Police Information Network (NYSPIN). DEFINITIONS: Gun: For NYSPIN purposes, any weapon, including a starter gun, which will, or is designed to be, or may readily be converted to expel a projectile by air, carbon dioxide, or the action of an explosive. BB guns are excluded and are not to be entered into NYSPIN. Recovered Gun: A recovered gun is one that comes into the possession of a criminal justice agency for which there is no active lost/stolen gun record but could at a later date be entered as a lost or stolen gun. PROCEDURE: The following procedures are to be followed when a Member of the Department recovers any gun: POLICE OFFICER: 1. Upon recovering any gun, shall request that a record check be completed to determine if the weapon has been reported lost/stolen; If, the NYSPIN inquiry comes back NO HIT, the recovered gun must be entered in the NYSPIN computer (GUN ENTRY). Attach a copy of the inquiry to his/her report; Attach a copy of the Gun Entry teletype to his/her report;
2.
3. 4.
COMPLAINT/DESK CLERK: 5. Shall enter all necessary teletypes and follow all NYSPIN regulations regarding recovered guns.
DESK OFFICER: 6. Shall insure that all the proper teletypes have been completed and attached to the officers report prior to signing the report.
Procedure No.3.206
REPORT OF LOST OR STOLEN LICENSE PLATES

SUBJECT:
PURPOSE:
REPORT OF LOST OR STOLEN LICENSE PLATES
To establish a procedure for the reporting of lost or stolen license plates. COMPLAINT CLERK / DESK CLERK: 1. Determine if one or two plates have been stolen; NOTE: If one plate of a two plate series is missing the complainant will be advised to respond to the Department of Motor Vehicle and surrender the remaining plate and to have a new set of plates issued. The Department of Motor Vehicles will issue a receipt for the surrendered plate which the complainant must present prior to an incident report being taken. 2. Have the complainant produce a registration certificate or proper proof of ownership i.e. Department of Motor Vehicle receipt prior to the initiating of the report; Complete the necessary report form, A. B. 4. MV-61 if plates were stolen or; MV-61 if plates were lost;
3.
Complete Department of Motor Vehicle for MV-78B (Report of Lost/Stolen Plates) and give it to the complainant. Enter the plates into the NYSPIN System and log the entry on the Teletype Log (CCU-3);
5.
DESK OFFICER: 6. Review report for completeness and determine that the necessary teletype has been sent out and attached to report; Sign the report and forward to the Support Services Division.
7.
NOTE: NYSPIN policy states that NO teletype will be sent out on plates that are expired.
PROCEDURE NO. 3.206 DISTRIBUTION: MV-61 OR MV-61A White CopyYellow CopyPink CopyGold CopyTeletype Support Services Division Chiefs Office Complaint Room Detective Division
PAGE 2 OF 2
White Copy- File 16 Teletype Drawer Yellow Copy- Attach to Pink copy of report and file in FILE 16 Folder for the current month. Pink CopyAttach to the white copy of the report and forward to the Support Services Division.
Procedure No. 3.207
REPORT OF VEHICLES STOLEN WITHIN THE CITY

SUBJECT:
PURPOSE:
REPORT OF VEHICLES STOLEN WITHIN THE CITY
To process reports of vehicles stolen within the City of Mount Vernon DEFINITIONS: Vehicle: For NYSPIN purposes, a stolen vehicle is any motor driven conveyance designed to carry its operator except a boat.
COMPLAINT CLERK: 1. When taking a report of a stolen vehicle the reporting person must provide either registration certificate or a title certificate. The only other acceptable form of owner ship is a signed lease agreement from a leasing company. NOTE: An insurance card or policy is not acceptable proof of ownership. 2. Before processing the report Complaint Clerk/Desk Clerk should make a teletype check of the vehicle registration to determine if the vehicle has been repossessed, impound or towed from private property. After these checks have been completed an MV-61 (Crime Report) should be completed with all necessary information. Special attention should be given to boxes 38 to 45. All information should be filled in completely and accurately. A completed MV-78B (Report of Lost/Stolen Plates) should be given to the complainant indicating the date of the theft and the incident number. Enter the stolen vehicle into the NYSPIN System and log the teletype on the teletype message log (CCU-3) and the Auto Larceny Log (MV-90) Give the information on the stolen vehicle to the Emergency Service Dispatcher for dissemination to units on patrol.
3.
4.
5.
6.
DESK OFFICER: 7. Shall review MV-61 to ensure completeness and verify that the necessary teletype alarm has been transmitted via NYSPIN. Shall sign report and forward to the Support Services Division.
8.
PROCEDURE NO. 3.207
Page 2 of 2
DISTRIBUTION: MV-61 White Copy Pink Copy Yellow Copy Gold Copy -Support Services Division -Complaint Room -Chiefs Office -Detectives
Teletype White Copy Yellow Copy Pink Copy -File 1 Teletype Drawer -Attach to Pink Copy of Report and file in Case Jacket that corresponds to the Auto Larceny log in the Complaint Room. -Attach to the White copy of the crime report and forward to the Support Services Division to be filed.
Procedure No. 3.208
STOLEN VEHICLES ORIGINATING IN OTHER JURISDICTIONS

SUBJECT:
STOLEN VEHICLES ORIGINATING IN OTHER JURISDICTIONS:
PURPOSE: To establish a procedure for the recovery of stolen vehicles originating in other jurisdictions. MEMBERS: 1. Obtain all pertinent information from the Complaint Clerk (i.e. alarm number, owner, vehicle make etc.) Prepare the necessary reports: A. B. 3. MV-61 if an arrest made in conjunction with the recovery or; MV-61A if no arrest is made and vehicle is found in an abandoned condition;
2.
Prepare an MV-51 (Towed Vehicle Report) completely and have signed by the tow operator prior to vehicle being towed to the impound facility; Turn all reports over to the Complaint Clerk for processing and necessary teletypes.
4.
COMPLAINT CLERK: 5. Shall send a vehicle locate teletype in accordance with NYSPIN procedures to the issuing agency including the condition of the vehicle, if plates have been recovered, the voucher number the vehicle is stored under, and the place the vehicle is stored;
DESK OFFICER: 6. Review all reports to insure completeness and verify that a vehicle locate has been sent via NYSPIN: Sign reports and forward to the Support Services Division. NOTE: A recovered vehicle which has been involved in an arrest, CANNOT be released without written authorization from the District Attorney office, as provided for under Section 450.10 of the New York State Penal Law.
7.
PROCEDURE NO. 3.208 SUPPORT SERVICES DIVISION:
Page 2 of 2
30. Shall release the vehicle to its rightful owner, only upon presentation of proper proof of ownership and insurance. DISTRIBUTION: MV-61 or MV-61A White Copy Yellow Copy Pink Copy Gold Copy Teletype White Copy Yellow Copy Pink Copy -VLOC File Drawer -Attach to Pink copy of report and file 1-FOA file for the current month -Attach to the white Copy of the report and forward to the Support Services Division -Support Services Division -Chiefs Office -Complaint Room -Detective Division
Procedure No. 3.209
RECOVERED STOLEN VEHICLES

SUBJECT:
RECOVERED STOLEN VEHICLES
PURPOSE: To process and dispose of vehicles stolen and recovered within the City of Mt. Vernon.
MEMBERS: 1. 2. 3. Obtain all pertinent information from the Complaint Clerk; Prepare an MV-51 (Towed Vehicle Form); Prepare an MV-52 (Recovery of Stolen Vehicle) using the original incident number for the necessary information; Turn all reports over to the Complaint Clerk for processing.
4.
COMPLAINT CLERK: 5. Cancel the teletype alarm and log teletype on the Teletype Message Log (CCU-3); Note the date of recovery and alarm number on the MV-90 (Auto Larceny Log); Notify the owner of the vehicle of the recovery and note same on the MV-52, including who was notified, date and time of notification and who made the notification;
6.
NOTE: Alarm will not be canceled until vehicle has been removed to an impound facility. 7. Advise owner that they can obtain a release for the vehicle on the next business day, provided that they show proof of ownership.
NOTE: A vehicle recovered, which is involved with an arrest, CANNOT be released without written authorization from the District Attorneys office, as provided for under Section 450.10 of the Penal Law.
DETECTIVES: 8. If a stolen vehicle, which has been recovered, is determined to have been used in the commission of a violent crime, Detectives will dust the vehicle for latent prints.
PROCEDURE NO. 3.209 DESK OFFICER: 9. 10. Review all reports to insure completeness and verify that alarm has been canceled; Sign report and forward to the Support Services Division.
Page 2 of 2
DISTRIBUTION: MV-52 White Copy Yellow Copy Pink Copy Gold Copy Teletype White Copy Yellow Copy Pink Copy -File 1 Teletype Drawer -Attach to Pink copy of report and file in case jacket that corresponds to the Auto Larceny log -Attach to the white copy of the crime report and forward to the Support Services Division. -Support Services Division -Chiefs Office -Complaint Room -Detectives
Procedure No. 3.210
NYSPIN PROCEDURES / IMPOUND VEHICLES

SUBJECT:
NYSPIN PROCEDURES / IMPOUND VEHICLES
PURPOSE: To establish Policy and Procedures that comply with the NYSPIN System regulation regarding impounded vehicles. POLICY: To comply with Vehicle and Traffic Law Section 424 (1), which state that all impounded motor vehicles and trailers must be reported to the New York Statewide Police Information Network (NYSPIN). The term Impounded is broadly defined within the statute, as set forth in the definition below. However, the law requires such report only if the vehicle is impounded under circumstances in which the owner may not reasonably have knowledge of the vehicles status. The law also permits police agencies to enter any impound, even those undertaken with the knowledge of the owner. Members should follow the following procedures as they relate to impounded vehicles. DEFINITIONS: IMPOUND- The term Impound shall be deemed to include the taking into possession by an agency of any motor vehicle which has been abandoned, repossessed, seized pending forfeiture proceedings, taken into custody or held as evidence in the course of a police investigation, required to be impounded by law, or in any other way taken into possession or held by an agency under circumstances in which, the owner may not reasonably have knowledge of the status of the vehicle. Nothing contained herein shall preclude a Police Department which has taken a vehicle into custody under these or other circumstances from entering a vehicle into the New York Statewide Police Information Network as an impounded vehicle to facilitate the location of the vehicle by its owner. MEMBER: 1. Upon filing a Towed Vehicle Report (MV-51) for an abandoned vehicle, or impounded vehicle, members should ensure that the following mandated information is correctly entered in the numbered space provided as indicated on the sample MV-51 form: A. B. C. D. E. F. G. Vehicle Make; Vehicle Model; Vehicle Year; Vehicle Color; Number of Doors; VIN (Vehicle Identification Number) Date of Impound
PROCEDURE NO. 3.210
Page 2 of 2
NOTE: The NYSPIN Computer requires all of the above information to effect entry into the NYSPIN System. 2. The following information is not mandated for entry into the NYSPIN System unless the plate is listed; A. B. C. D. 3. License Type (i.e, commercial, passenger etc.) License plate number State of registration Year of expiration.
Upon completing an MV-61A on an abandoned vehicle, make a teletype check of the license plate and/or the Vehicle Identification Number (VIN) and attach it to the MV-61A
NOTE: All numbers and alpha characters must be accurately entered on reports. Vehicles manufactured prior to 1981 have thirteen (13) or less digits; those vehicles manufactured after 1981 contain seventeen (17) digits. In most instances the alpha characters 0 and 1 are not used due to their resemblance to the numeric 0 and 1. COMPLAINT CLERK / DESK CLERK: 4. Shall enter an Impounded Vehicle entry (IENT) into the NYSPIN System with as much pertinent information as possible; Log the entry on the Teletype Message Log (CCU-3); Enter the impound on the Towed Vehicle Log (MV-91) indicating: A. B. C. D. Date of Impound Reason for impound (i.e. Abandoned Vehicle, Crime on Post, Accident Investigation, Safekeeping etc. Vehicle Identification Number or License Plate Number Teletype Alarm Number.
5. 6.
DISTRIBUTION: MV-61A: White Copy Yellow Copy Pink Copy Gold Copy Teletype: White Copy Yellow Copy Pink Copy
-Support Services Division -Vehicle Removal Unit -Complaint Room -Detective Division
-IENT Teletype Drawer -Attach to pink copy of report and file Towed vehicle file for current month -Attach to white copy of report and forward to the Support Services Division
SUPPORT SERVICES DIVISION: 7. Upon release of an impounded vehicle, shall complete a Release of Impound Vehicle Form (CCU-16), and forward it to the Complaint Clerk for cancellation of the alarm.
Procedure No. 3.211
KEYBOARD DISPLAY TERMINALS

SUBJECT:
KEYBOARD DISPLAY TERMINALS
ENHANCED-SOUTHERN TIER AUTOMATED NETWORK
PURPOSE: To establish Policy and Procedure for the operation of the ENHANCED-SOUTHERN TIER AUTOMATED NETWORK (STAN) through the use of Keyboard Display Terminals. BACKGROUND: The Keyboard Display Terminals that have been installed in several Department vehicles allow our Department to use the STAN. This transceiver system is interfaced through the Town of Greenburgh Police Department computer, permitting access to New York State Police Information Network (NYSPIN). The Greenburgh Police Department is the area manager for STAN and monitors all request for information. POLICY: Keyboard Display Terminals are for official Police use only. Dissemination of information received through these terminals for any other purposes will result in disciplinary action. All information received or transmitted by the use of these terminals is also subject to NYSPIN regulations. PROCEDURE: 1. RMPs assigned a Keyboard Display Terminal will also be assigned an Operators Manual for the Motorola KDT-480, (Keyboard Display Terminal 480). These manuals will be maintained and stored in said vehicles. Only Department trained and authorized personnel may use the KDT. The following will be strictly adhered to: A. B. Unauthorized persons may not use the terminals. Only Police personnel may view or have access to the information provided by the system. Whenever a vehicle containing a KDT is left unattended, it shall be secured and the KDT turned off. NO FOOD, BEVERAGE, CIGARETTE OR CIGAR ASH, OR ANY OTHER SUBSTANCE WILL BE PLACED ON OR NEAR THE SYSTEM COMPONENTS.
2. 3.
C.
D.
PROCEDURE NO. 3.211
Page 2 of 2
NOTE: A foreign substance finding its way into the display unit or the keyboard may cause severe damage to the unit. Every effort will be made to keep the units clean and free of dirt and dust.
4.
The RED EMERGENCY BUTTON, located in the upper left corner of the keyboard, will notify Greenburgh P.D. only. When the alarm in Greenburgh is activated, the Greenburgh P.D. will notify this Department via telephone. Make every effort not to activate the emergency button unless in fact, it is an emergency situation. If at all possible use the RMP or portable radio, the response will be faster rather than requesting assistance via Greenburgh.
Procedure No. 3.212
ENHANCED 911 PROCEDURES

Page 1 OF 8 Revised
SUBJECT:
ENHANCED 911 PROCEDURES
DEFINITIONS: EMERGENCY CALLS An Emergency call is defined as a call for which immediate Police/Fire/EMS response is necessary to protect against the loss of life or property, serious injury or other danger confronted by members of the general public. POLICY: SYSTEM SECURITY By nature information obtainable from the E-911 System under normal circumstances is protected by a persons right to privacy. However E-911 information gained during an E-911 call may be used to protect life and property during that specific incident only. ANY OTHER USE IS ABSOLUTELY PROHIBITED. Therefore, in instances where other purposes are intended, members must follow due process in ascertaining said information (i.e, subpoenas, court orders etc.) Note: Misuse of the E-911 System may lead to Departmental, Civil, or Criminal charges. ************************************************************************************* E-911 CALL TAKING PROCEDURES: 1. Answer Phone: MOUNT VERNON POLICE 9-1-1, WHAT IS YOUR EMERGENCY? (For fire related calls Transfer to Fire Department by pressing the button labeled Fire). See Fire calls below 2. 3. Verify Callers Address versus the ALI (Automatic Location Identification) Screen; Verify Location of Emergency; A. Police Emergencies: (1). (2). (3). Obtain necessary call information. Validate address in CADS and check Officer Hazards Radio Dispatch to required Units.
PROCEDURE NO. 3.212 B. Medical Emergencies: (1). (2). (3). C. Obtain necessary call information. Validate address in CADS and check Officer Hazards. Radio Dispatch to required Units.
PAGE 2 OF 8
Fire Emergencies: (1). Advise callers to stay on the line and that you are transferring the call to the Fire Department. Transfer call by pressing button labeled Fire. Confirm conversation is established, that ALI screen is received and whether Police/EMS are necessary at Fire Scene by listening to the ensuing conversation with Fire Department. THE FIRE DISPATCHER SHALL CONTROL THIS CALL (Generally, it will not be necessary to dispatch in those cases, where a caller is reporting a smoke condition. However, should the caller report a working fire, both police and EMS should be dispatched). If established that no Police or EMS are required, press button labeled Release to disconnect from call. No CADS Entry for Non-Police/EMS response.
(2). (3).
(4).
(5). 4.
Emergencies Reported by TDD (Telecommunications Device for the Deaf) Caller: Each answering position unit (APU) is equipped with the capability of handling 911 calls made by hearing and speech impaired people. Dispatchers will be alerted to a TDD call by a special audible tone (high pitched chirping) in addition to the display of the letter T on the ANI (Automatic Number Identification) screen These signals will indicate that the caller is a TDD user. The caller upon connection to our equipment will receive an automated message on their TDD device stating Mount Vernon P.D. G.A. DO NOT press the TDD button on the APU for this button is not in use. Anything the caller types on their TDD will be displayed on the ALI screen in UPPERCASE letters, outgoing text from a dispatcher will be displayed in LOWERCASE letters. A. From any APU position, plug TDD keyboard into jack under console. Dispatcher should respond to caller using established protocols (ex: ga, sk, pls, thx, etc.) Each APU also has twenty (20) pre-programmed messages, which can be transmitted as well back to a deaf caller. To transmit these messages: (1). (2). Press and release the MEM key. Then press either *** or # followed be a keypad number (0-9)
B.
PROCEDURE NO. 3.212 C. STANDARD MESSAGES FOR TDD RESPONSE:
PAGE 3 OF 8
The pre-programmed messages from each APU for response to calls placed from a Telephone Device for the Deaf are: MEM * 0 MEM * 1 MEM * 2 MEM * 3 MEM * 4 MEM * 5 MEM * 6 MEM * 7 MEM * 8 MEM * 9 MEM * 0 MEM * 1 MEM * 2 MEM * 3 MEM * 4 MEM * 5 MEM * 6 MEM * 7 MEM * 8 MEM * 9 (MOUNT VERNON POLICE DEPARTMENT) WHAT IS THE EMERGENCY? WHERE IS THE EMERGENCY? WHAT IS YOUR NAME? WHERE ARE YOU NOW? HOW MANY PEOPLE ARE HURT? ANY WEAPONS INVOLVED? WHERE IS THE BAD GUY? I NEED MORE INFORMATION ON THAT. SAY AGAIN HELP IS ON THE WAY STAY WHERE YOU ARE STAY ON THE LINE YES NO IM GOING TO TRANSFER THIS CALL GOODBYE AND THANK YOU NO HABLA ESPANOL (I DONT SPEAK SPANISH0 QUEDESE EN EL TELEFONO (STAY ON THE TELEPHONE) SU LLAMADA VA SER TRENFERIDA (IM TRANSFERRING THIS CALL).
Dispatchers are NOT to transfer TDD callers. Should the call be determined to be FIRE related TDD call, Dispatchers are to obtain all necessary information and contact the Fire Department (based upon ALI screen designation) by using a regular telephone. 5. Emergencies Reported by Non-English Speaking Caller (Language Line): The language line is to be used when a Non-English speaking caller has dialed 9-1-1. A. B. C. D. E. F. G. H. I. Briefly attempted to determine the callers language; Press button #4 labeled Language Line; ATT operator will answer; Tell the ATT operator the language, if known; Give Client ID# 902016; Give Organization Name Westchester County 911; Give our PIN# plus your operator # (Ex: 9-1160); ATT operator will then place you on hold; Interpreter will be connected to your call providing their interpreter ID#. NOTE: The interpreter ID# must be placed in the (Misc.) field for the call on the CADS screen to established a record for future reference. Identify yourself as a 911 Police Dispatcher and ask the interpreter to ascertain the following information from the caller. 1. 2. 3. 4. Is there an emergency? What is the nature of emergency? Verify callers address with ALI screen. Verify location of emergency.
J.
PROCEDURE NO. 3.212
PAGE 4 OF 8
You are reminded that the Dispatcher must control language line calls. As a matter of policy, interpreters should not be permitted to give opinions nor make response decisions. When it has been determined that the services of an interpreter are no longer required, the conversation should be terminated by advising the interpreter of the End of call. If the nature of the language line call is determined to be FIRE related, the Dispatcher will continue to handle the call to completion and will be responsible to make notification to the Fire Department using the regular telephone because four-way conference is currently not supported through 911. 6. Abandoned Calls: A. If receipt of a 911 call results in a hang-up or open line before the Dispatcher determines the reason for the call, every effort should be made to re-establish contact with the calling party. Each APU offers separate ANI screen as well as ALI screen. Both screens will display the telephone number of incoming calls. Using this number, Dispatchers should immediately attempt to call back disconnected callers on the regular phone. The print screen function will be used to make a permanent copy of the ALI screen for future reference (print + ALI button). If unable to contact caller, a police unit MUST be dispatched to the location on the ALI screen and an activity number generated in CADS. Upon arrival of police at the location of a disconnected call, every effort shall be made to determine its origin and cause. If no one comes to the door, and absent exigent circumstances, NO forced entry shall be made of the police officer believes, based on his observations, that there may be a police emergency inside the premises, the Street Supervisor shall be notified to respond and make the decision if inside the premises, the Street Supervisor shall be notified to respond and make the decision if forced entry is to be gained. If Exigent Circumstances exist (Ex: moaning, screaming, etc.) the responding police officer may affect immediate entry into the premise, using force if necessary.
B.
C.
D.
E.
F.
7.
Spurious (Invalid) Calls: It is possible to receive a 911 call without a caller actually dialing 911. These calls are termed Spurious Calls and often cannot be distinguished from an abandoned call other than they are usually received several times and ultimately clear themselves. Generally, if you cannot determine the nature of a call (Abandoned or Spurious) the call should be handled following those procedures outlined for an abandoned call. The following are typical sources of spurious calls; A. Mis-dialed Numbers The caller was dialing another number, which may have contained the digits 911. B. Phone Repairs Telephone company repairs on lines can accidentally generate false calls. C. Severe Weather High winds, severe thunderstorms, etc. can trigger false calls. D. Static While generally associated with acute weather conditions, extreme static associated with phone lines can cause false calls.
PROCEDURE NO. 3.212
PAGE 5 OF 8
E. Cordless Phone Use of cordless phones which, have continuous out-pulsing of digits, which can also result in a 911 call. Persistent or unusual situations should be reported to NYTEL for further investigation as indicated below. 8. Misdirected Calls: When a call mistakenly reaches the Mount Vernon PSAP (public service answering point) for some unknown reason from some location outside the City, Dispatchers are responsible for the transfer of said call to the appropriate police agency by either using a speed dial button or by advising the caller of the appropriate service agencies phone number. E-911 CALL TAKING PROCEDURES: NON-EMERGENCY CALLS
DEFINITION: A Non-Emergency call is defined as a call for which immediate Police/Fire/EMS response is NOT necessary to protect against the loss of life or property, serious injury or other danger confronted by members of the general calls. 9. Incoming Non-Emergency calls may be handled on 911 lines provided at least four (4) additional lines are available for incoming emergency calls. Once a call is determined to be a Non-Emergency, based on the aforementioned definition, the caller will be advised at the completion of the call to use our non-emergency phone number 665-2500 for future calls of a similar nature. When a non-emergency call will result in a Police/EMS response, the callers address as well as actual location of incident should still be verified against the information on the 911 ALI screen.
10.
11.
E-911 EQUIPMENT OVERVIEW 12. Each 911 answering position (APU) is a multi-line console which contains: A. B. C. D. E. F. 13. Automatic Number Identification (ANI) Screen Automatic Location Identification (ALI) Screen Six (6) Incoming Trunk Lines Fourteen (14) Programmable Function Keys Seven (7) Miscellaneous Function Keys Sixteen (16) Dial Pad Keys.
911 PRINTERS (Panasonic KXP 1180): The Department has been equipped with two (2) Panasonic printers. The printer in Communications (with the roll type paper) will print on demand using the ALI or ANI console print function. Generally, dispatchers will not be restricted in using the on-demand printer. Copies of ANI and ALI screens may be obtained when necessary. It should be noted, however, that printed copies MUST be obtained in all cases of 911 database discrepancies. Guidelines to this effect follow. Communication personnel shall be responsible to maintain paper supply and ribbons in printer.
PROCEDURE NO. 3.212
PAGE 6 OF 8
The second printer located in the rear of the Disaster Control Room (CEB). This printer will produce printer records of all 911 calls received by this agency. Supervisors will be able to access CEB for emergency information from printed records. A. The Radio Technician will be responsible for replacing paper and ribbon on the second printer as needed.
14.
The Department has three (3) identical call check consoles. Each call check has the capacity to record thirty (30) minutes of taped conversation. The tape is voice activated and does not record absent conversation. It does not have to be rewound and will overwrite previous conversations. The call checks also have save functions and can save conversations while recording in a real time mode. Call checks serve as a useful tool to review call content and there will be no restrictions on their use. E-911 EQUIPMENT MALFUNCTIONS:
15.
Communications personnel will notify the Desk Officer whenever 911equipment is malfunctioning. The Desk Officer will insure proper notifications. As a previously outlined, communications personnel will be responsible for insuring the printers are equipped with paper and working ribbons. The New York Telephone Company is responsible for Westchester County 911 equipment which includes the following: APUs, Printers, TDD Key boards, Handsets, and Handset Cords. Should problems occur with any of the aforementioned equipment, Desk Officers, or a designate, shall contact the New York Telephone 24 hour repair hot line at 741-7573. These are two (2) potential problem areas associated with 911 equipment. The first includes problems with Telephone VOICE CIRCUITS and the second concerns problems with telephone DATA CIRCUITS. In either case, when reporting equipment malfunctions, the Telephone company will ask for specific information as follows. Problems with VOICE CIRCUITS, as you would expect, are normally evidenced by any disruption of voice telephone service. The equipment associated with this trouble includes the small ANI screen and incoming trunk lines 911-1, 911-2, 911-3, 911-4, 911-5, and 911-6. When reporting trouble of this nature the New York Telephone Company may ask for the following information: VOICE CIRCUITS: PHONE # 911-1 911-2 911-3 911-4 911-5 911-6 CIRCUIT # 88EMNT (914) 8018 88EMNT (914) 8092 88EMNT (914) 8093 88EMNT (914) 8094 88EMNT (914) 8095 88EMNT (914) 8096
16.
17.
18.
19.
PAGE 7 OF 8
Problems stemming from a DATA CIRCUIT are evidenced by, but limited to, obscured, missing or incomplete information on the large two (2) Data Circuit numbers: 416360 and 416361. Westchester County E-911 Equipment Trouble Ticket Forms: Whenever the Telephone Company is notified to repair 911 equipment in Westchester County, an E911 Trouble Ticket Form must be completed by the Police Agency making said request. These forms shall be located in a folder in the Communications Section. A copy of this form is attached to this directive for your review. This form shall be filled out by the Desk Officer. The Desk Officer shall insure that all equipment malfunctions are reported to the Telephone Company and that a trouble ticket form is completed. Desk Officers should be sure to include the name of the member reporting the equipment malfunction, the initials of the NYT operator (to whom reported), the NYT trouble ticket number of the incident and the time reported and cleared. When completed, trouble ticket forms should be forwarded to Support Services Division/Computer Services Unit. Support Services Division/Computer Services Unit will be responsible for reviewing and maintaining a file of all reported 911 trouble calls. Each incident shall remain on file for a period not less than one (1) year from the date of report.
21.
22.
ALI DISCREPANCY FORMS: It is critical for dispatchers to understand that the exact location of each call received needs to be verified with the caller and compared with the information displayed on the ALI screen. REMEMBER: The address that appears on the ALI screen may, or may not, be the location of the calling party or the emergency. When discrepancies are discovered between the ALI screen and information provided by the caller , dispatchers shall complete an Enhanced 911 ALI Discrepancy Form. These forms will be located in a folder in the Communication Room. A copy of the forum is attached to this directive for your review. The ALI discrepancy form is self-explanatory. The appropriate boxes are to be checked concerning the discrepancy reported. Corrections are to be printed clearly on the right side of the form under the heading Display should read. In addition to completing the discrepancy form, Dispatchers will also be responsible for printing two (2) copies of the ALI screen containing the discrepancy. These printouts, to be stapled to the discrepancy form, are to obtained from the ON DEMAND printer located behind the communications console by Pressing the Print + ALI Button on the APU (repeat key sequence for each additional copy wanted). Completed discrepancy forms should be forwarded to Computer Services. Support Services Division/Computer Services Unit will be responsible for reviewing, mailing and filling all ALI Discrepancy Forms.
REFERENCE MANUALS The following manuals will be located in the Communications Room at each position and should be used for your reference in the operation of 911 Equipment:
PROCEDURE NO. 3.212
PAGE 8 OF 8
Westchester County E911 Position Manual Questions with regard to Enhanced 911 should be directed to the Unit Commander of Support Services Division/Computer Services Unit.
Procedure No. 3.213
DEPARTMENT COMMUNICATIONS SYSTEM

Page 1 OF 4 Revised
SUBJECT:
DEPARTMENT COMMUNICATIONS SYSTEM
This Department provides 24 hour telephone service for calls by staffing a fully equipped dispatcher center. The Mount Vernon Police Department is the E-911 Primary Public Safety answering point within the City. This order will outline the general function of the communications system including the telephone, radio procedures, E-911 and NYSPIN Computer Operations. POLICY The Communications Center for this Department will normally operate with two (2) civilian Emergency Service Dispatchers who are fully trained in the operation of the position. If an Emergency Service Dispatcher is unavailable, this position will be filled by a trained Police Officer. PROCEDURE: 1. Members assigned to the dispatch position will be fully trained in the operation of the Department telephone system, E911 System, NYSPIN computer network and Department Radio Communications System. Members assigned are responsible for operating and monitoring the telephone, radio, and NYSPIN computer system. Only authorized personnel are permitted in the communications room. Shift supervisors shall insure that this order is followed and that unauthorized persons are not present. Tobacco products and food substances shall not be used while in the Communication Center. Dispatchers may eat in the communications area when shift circumstances do not easily allow for lunch or break relief. Under NO circumstances should food or drink be near communications or electronic equipment. Food shall be handled in a conspicuous, orderly manner with proper clean up.
2.
3.
PORTABLE POLICE RADIOS 4. All on-duty, uniformed personnel shall carry issued portable radios in issued leather cases or on belt attachment secured to their person utilizing hand-microphones if desired. Non-uniform personnel shall carry their radios in a careful manner. When a portable radio is not available for use, the Desk Officer will be notified. Employees are responsible for the proper care and use of portable radios. A. Care and Maintenance (1). All portable radios will be accounted for on each tour of duty by the Desk Officer utilizing an appropriate log. The portable radio batteries shall be charged on a regular basis so as to be operational at all times.
(2).
PROCEDURE NO. 3.213 (3). (4). TELEPHONE 5. Members shall have these radios available for use at all times.
PAGE 2 OF 4
Radios in need of maintenance will be brought to the attention of the Desk Officer and will be turned over to the department Radio Technician as soon as possible.
All telephone conversations within the communications center shall be conducted in a business like manner. Telephone conversations of a personal nature shall not be conducted. All personnel shall enunciate clearly and speak in an unhurried manner. All incoming telephone calls to the communications center shall be answered promptly. Personnel engaged in a telephone conversation shall not become argumentative, curt or sarcastic. Conversations that become argumentative shall be referred to the Desk Officer. Personnel shall not leave callers on hold for long periods of time. All Department telephone lines in the communications center shall be answered in the following manner: Mount Vernon Police Department, Dispatcher/officer and shield number. A. When answering intradepartmental calls, Members will answer with an immediate identification of the unit, personal identification (rank and name).
6. 7. 8.
9. 10.
11.
Advise the caller that a Police Officer will respond to their complaint as soon as possible. Dont tell anyone a Police Officer will be right there or be there in a minute. At no time will any caller be told a Police Officer is not available or that patrols are all busy and time or response is unknown. If call load is backing up notify the Desk Officer.
12.
RADIO PROCEDURES 13. 14. 15. All calls or vehicle dispatching shall be done by radio. All personnel shall operate their assigned radio equipment in an impersonal manner. Always enunciate in a clear resonant voice and speak at a constant rate to assure each word is spoken separate from all others. Speak directly into the mouthpiece at the proper distance. Whenever necessary for the testing of radio equipment or audio levels, test counts may be requested. All radio messages shall be acknowledged immediately. Dispatchers not ready to accept radio traffic shall utilize the term STAND BY (10-6). Routine telephone conversations shall not take precedence over radio messages and acknowledgments. Information that would jeopardize police services if known by other persons shall not be transmitted on the radio. The term suspect shall be used at all times when referring to persons under observation.
16. 17. 18. 19.
20.
21.
PAGE 3 OF 4
All field personnel shall acknowledge receipt of calls and messages by responding with the proper 10 code. All persons shall acknowledge the receipt of messages broadcast as general information, item reviews, etc. This shall be done in ascending order by Car #. When attempting to contact patrol units for a call assignment, the dispatcher shall call at 20 second intervals for a period of one minute. After one minute with no response the Street Supervisor shall be notified. If the call is of an emergency nature, another patrol unit shall be sent immediately and then the Street Supervisor notified.
23.
24.
STATUS CHECKS 25. When a patrol unit is conducting a traffic stop the dispatcher shall check their status five minutes after the stop and determine if everything is OK. Dispatchers may, at their discretion, conduct status checks on field units when it is believed the activity or complaint may be dangerous or become violent in nature. This is a STATUS CHECK. The response is (Car #), secure, (shield #). A. Status checks that get no response shall mandate that a back-up unit be immediately dispatched, and the Street Supervisor shall be notified.
26.
27.
Department Members shall be referred to by rank and shield number on any radio transmission. First and / or last names shall not be notified. Radio transmission between patrols and communications shall be kept at a minimum. Radio transmission on the car-to-car frequency between mobile units shall be kept to a minimum. Patrol units shall advise the dispatcher whenever they leave their patrol vehicle and when they return.
28. 29. 30.
RADIO TRANSMISSION PROCEDURES (Base to Mobile) 31. 32. 33. 34. The communications center shall be called Central. All Members shall use the Department 10-code whenever possible, Messages shall be acknowledged by stating 10-4. When a unit calls Headquarters and the unit number is not received the communications operator shall respond with last unit calling.
SERIOUS CRIME IN PROGRESS 35. Members shall refer to Department directives governing that particular situation ex. Pursuit, alarms, and other in progress calls. During any emergency or unusual situation all users of the police frequency should try to maintain radio silence. Only those transmissions absolutely necessary should be made.
36.
RADIO TRANSMISSION PROCEDURES (Mobile to Base)
PROCEDURE NO. 3.213 37. 38.
PAGE 4 OF 4
All Department units shall use their assigned unit identification when transmitting on the radio. All units shall use the phonetic alphabet when transmitting single letter. i.e: ABC is A-Adam, B-Boy, C-Charles, one, two, three. 7656-OV is seven, six, five, six, O-Ocean, VVictor.
39.
Mobile units tasking for DMV check shall first call communications and advise them of the need using the proper 10-code. Communications shall acknowledge and advise when they are ready to take the information. The requesting unit then shall ask in this order: state of registration; and plate number. i.e, car # to Central request for 10-28; Central (stand by or go ahead with data) 10-28, on New York commercial, A- Adam, B-boy, C-Charles 1 2 3 -, received (car#) stand by.
40.
Units asking for drivers license check shall ask in this order: name (last, first, MI); date of birth; race, and sex. e.x: license check, Johnson, Robert W. DOB 5/5/67, white/male.
NEW YORK STATE POLICE INFORMATION NETWORK (NYSPIN) 41. Operation of the NYSPIN system shall be done in accordance with the rules and regulations of the NYSPIN operating manual. All dispatchers are charged with the responsibility of staying current on the procedures in the NYSPIN Manual that pertain to their responsibilities.
42.
REFER ;
DEPARTMENT MANUAL: OPS. 3.100..Dispatching Department Vehicles OPS. 3.200Teletype Procedures and Security Admin 2100..Answering Dept Tel. Admin 2101..Logging Dept. Calls (Telephone) Ops. 3.212.Enhanced E-911 Procedures
Procedure No. 3.220
EMERGENCY MOBILIZATION
SUBJECT:
EMERGENCY MOBILIZATION
PURPOSE: To establish a procedure and provide guidelines for a partial or total emergency mobilization of Department personnel. PROCEDURE: Included within this procedure is the Police Manual Aid and Assistance Plan for Westchester County. Authority to activate the County Plan is automatic upon Authorization of Emergency Mobilization, at STEP 3. The Desk Officer shall adhere to the following guidelines in the activation of the Emergency Mobilization Plan for Department Personnel. 1. An incident/situation of significant magnitude which requires a major assignment of Department personnel shall be in progress or anticipated. This incident/situation in progress, or anticipated, shall be coupled with one of the following: A. PATROL DIVISION COMMANDER ON DUTY The Patrol Division Commander shall respond to the scene, and upon his/her determination, order the Desk Officer to proceed with the authorization step of the Emergency Mobilization Plan. B. DUTY OFFICER ON DUTY The Duty Officer shall respond to the scene, and upon his/her determination, order the Desk Officer to proceed with the authorization step of the Emergency Mobilization Plan. C. NO PATROL OR DUTY OFFICER ON DUTY When NO Patrol/Duty officer is on duty, and reasonable attempts to contact same have failed, the senior Patrol Supervisor on duty shall make determination to proceed with the authorization step of the Emergency Mobilization Plan.
2.
PROCEDURE NO. 3.220 3. AUTHORIZATION
PAGE 2 OF 4
The Desk Officer shall contact one of the following in descending order for authorization to activate the Emergency Mobilization Plan: A. B. C. D. E. F. Police Commissioner Deputy Commissioner Chief of Police Executive Officer Commanding Officer Patrol Division Commanding officer Detective Division
NOTE: If no higher authority than the Patrol/Duty officer on duty can be conducted, the Emergency Mobilization Plan shall be activated on his/her authority Upon authorization by one of the above listed members in Section Three (3), the Desk Officer shall implement the Emergency Mobilization Plan. He shall further ensure that the remaining personnel identified on the list are notified that the Emergency Mobilization Plan has been authorized and placed into effect. 4. MOBILIZATION The Emergency Mobilization of the Department will proceed in seven (7) steps. These steps are bases upon the manpower requirements of the incident/situation, and as more manpower is required, the desk Officer moves to a higher phase. In incident/situations where large amounts of manpower will be required at the onset, it is possible to go to a higher step, and incorporate the lower step(s) in it. The Desk Officer, upon authorization, shall initiate the Mobilization Plan, he/she shall utilize the Desk Officer, Complaint Clerk and Detective Clerk to perform the call up in the following order: A. STEP 1 (1) (2) If just before the end of a tour, hold over the squad about to go off duty. If not at the end of the tour, contact the members of the squad scheduled to work the next tour of duty and order them to report for duty. Contact the Staff Personnel listed in the call folder .
(3) B.
STEP 2 (1) Contact the members of those squads on days off and order them to report for duty (this does not include the squad which completed the tour prior to the emergency).
PROCEDURE NO. 3.220 C. STEP 3 (1)
PAGE 3 OF 4
Contact the members plan PHASE 1 ALERT on the County Hot Line via the Communications Unit. This alert must include the Departments name and zone.
NOTE: PHASE 1 ALERT- a situation exists of extreme serious proportions, and Departments within the same zone should be prepared to dispatch the prearranged manpower and equipment. However, no assistance is to be sent. D. STEP 4 (1) Contact ALL OFF DUTY Members of the Detective Division and ALL ADMINISTRATIVE personnel and order them to report for duty. Issue a County Plan PHASE 2 ALERT on the County Hot Line via the Communications Unit This alert must include instructions to assisting departments as to what route to use and where to report for duty upon arrival.
(2)
NOTE: PHASE 2 ALERT:- Departments within the same zone are requested to immediately send the prearranged manpower and equipment as indicated in Appendix A-2. E. STEP 5 (1) Issue a County Plan PHASE 3 ALERT on the County Hot Line via the Communications Unit. Give route and reporting point.
NOTE: PHASE 3 ALERT Affected Department is requesting ALL POSSIBLE assistance from within the same zone as stipulated in Appendix A-2. F. STEP 6 (1) PHASE 4 ALERT The requesting agency will ask the County Commissioner/Sheriff to provide an additional amount of manpower from outside the zone of occurrence. The immediate selection shall be made from the following municipalities; Yonkers, White Plains and New Rochelle (County Plan PHASE 2APPENDIX A-2).
G.
STEP 7 (1) PHASE 5 ALERT Maximum assistance requested from all departments in the County as per Appendix A-2.
5.
ADDITIONAL REQUIREMENTS The Desk Officer shall ensure that the following is performed:
PROCEDURE NO. 3.220
PAGE 4 OF 4
A.
The senior Patrol Supervisor not at the scene of incident/situation shall be assigned command of the Squad Room, which shall be utilized as the staging point. He shall remain in command until properly relived. A police officer shall be assigned as the aide/clerk to the supervisor in command of the Squad Room. He/she shall maintain a running log which shall list time of arrival of members, assignments of members, and all orders issued. As supervisors become available, assign a supervisor to the Communications Unit to act as the Communications Supervisor until properly relieved. As Emergency Service Dispatchers respond, have them report to the Communications Supervisor in the Communications Unit for duty assignments. As Members of the Department become available, assign a police officer to make ready all spare patrol vehicles. As Members become available, assign a police officer to remove equipment from the storage lockers, inventory, record and issue the equipment.
B.
C.
D.
E.
F.
6.
COMMAND POST A. B. A command Post shall be established in the Patrol Division Office. The senior ranking Supervisor, other than the Patrol Supervisor will assume the duties of the Executive Officer, and take command of the Command Post until properly relieved.
7.
ROSTERS A. Rosters are maintained in the filing cabinet behind the Main Desk. These rosters are for individual squads and/or assignments and are marked accordingly. Division Commanders, Unit Commanders and Squad Commanders will immediately make adjustments to the rosters kept at the Main Desk when a change is necessary, i.e, changes in squad, name, address, telephone number (to be made in black ink). The Personnel Officer will, during the first week of every month, forward a copy of the corrected roster to the computer operator. New rosters will then be generated and inserted into the Emergency Mobilization Folder, and to all Staff Members.
B.
C.
Procedure No. 3.221
WESTCHESTER COUNTY MUTUAL AIDE PLAN

Date Issued 1/4/93 Effective1/18/93 History OPS-89-3
SUBJECT:
WESTCHESTER COUNTY MUTUAL AIDE PLAN
PURPOSE: To render or receive assistance from participating Municipal Police Agencies within Westchester County, when emergency condition exist or are anticipated, which are beyond the scope of the municipalities police resources. PROCEDURE: 1. SUPERVISORY PERSONNEL
All Supervisory personnel shall thoroughly and periodically review the Westchester County Mutual Aide and Assistance Plan in order to maintain a working knowledge of it. The Plan shall be maintained at the Main Desk in the Emergency Mobilization of Police Personnel Folder. 2. RECEIVING ASSISTANCE (See 3. A.) AUTHORIZATION REQUIRED. Refer to procedure for, Emergency Mobilization of Police Personnel. RENDERING ASSISTANCE (See Note, Below) A. AUTHORIZATION REQUIRED Only the Police Commissioner or in his absence, or his designee, may authorize rendering assistance to another municipality. B. Once authorization has been granted the Desk Officer shall enter the authority in the Day Book along with all pertinent information from the requesting Municipal Agency. The Westchester County Mutual Aide and Assistance Plans established procedures shall then be followed.
3.
C.
NOTE: The Mayor, as Chief Executive Officer of the Municipality, has overall authority to activate the Plan and may do so whenever he/she deems it necessary. The Mayor must be notified whenever authorization to activate is requested. This notification will be made by the Commissioner, or in his absence, his designee
Procedure No. 3.240
ELECTRONIC SECURITY DOORS, HEADQUARTERS

Date Issued 1/4/93 Effective 1/18/93
History OPS-91-05
SUBJECT:
PURPOSE: To establish Policy and Procedures for the use and security of electronically controlled doors and door openers (Card Keys); PROCEDURE: 1. All Members of the Department will be issued Electronic Door Openers (card keys). All Members will be responsible for the care and security of the card key assigned to them. Card keys are Department property and all Members will treat them in accordance with Department Rules and Regulations. Each card key is exclusive to the Member assigned, therefore Members shall not loan or allow any other person to use the card key assigned to them. In the event a card key becomes lost or stolen the member shall immediately notify the on duty desk Officer. The Desk Officer shall make entry in the Day Book and direct the reporting Member to immediately submit a written report detailing the circumstances. Said report shall be forwarded to the reporting Members immediate supervisor for investigation and recommendations. The Desk Officer shall contact the Commanding Officer of the support services Division, who shall determine if an immediate supervisory investigation is required and if removal of that card access is necessary from the computer system. Damaged and/or inoperable card keys shall be returned to the Support Services Division personally by the member. Members shall not alter or make any identifiable markings on the card keys that would make known what they operate, (e.g. Police Headquarters, etc.) The Support Services Division will issue and maintain all Headquarters electronic door security devices.
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Procedure No. 3.260
IMPOUNDED VEHICLES
Date Issued 1/4/93 Effective 1/18/93 History 1/18/93
SUBJECT:
IMPOUNDED VEHICLES
PURPOSE: To establish Policy and Procedures that comply with the NYSPIN System regulations regarding impounded vehicles. POLICY: To comply with Vehicle and Traffic Law Section 424 (1), which state that all impounded motor vehicles and trailers must be reported to the New York Statewide Police Information Network (NYSPIN). The term Impounded is broadly defined with in the statute, as set forth in the definition below. However, the law requires such report only if the vehicle is impounded under circumstances in which the owner may not reasonably have knowledge of the vehicles status. The law also permits police agencies to enter any impound, even those undertaken with the knowledge of the owner. Members should follow the following procedures as they relate to impounded vehicles. DEFINITIONS: IMPOUND The term Impound shall be deemed to include the taking into possession by an agency of any motor vehicle which has been abandoned, repossessed, seized pending forfeiture proceeding, taken into custody or held as evidence in the course of a police investigation, required to be impounded by law, or in any other way taken into possession or held by an agency under circumstances in which the owner may not reasonably have knowledge of the status of the vehicle. Nothing contained herein shall preclude a police department which has taken a vehicle into custody under these or other circumstances from entering a vehicle into the New York Statewide Police Information Network as an impounded vehicle to facilitate the location of the vehicle by its owner. MEMBERS: 1. Upon filing a Towed Vehicle Report (MV-51) for an abandoned vehicle, or impounded vehicle, the Members should ensure that the following mandated information is correctly entered in the numbered space provided as indicated on the sample MV-51 form: A. B. C. D. E. F. G. H. Vehicle Make; Vehicle Model; Vehicle Year; Vehicle Color; Number of Doors; VIN (Vehicle Identification Number) Date of Impound Location of vehicle towed from.
PROCEDURE NO. 3.260
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NOTE: The NYSPIN Computer requires all of the above information to effect entry into the NYSPIN System. 2. The following information is not mandated for entry into the NYSPIN System unless the plate is listed: A. B. C. D. 3. License Type (i.e. commercial, passenger etc.) License plate number State of registration Year of expiration
Upon completing an MV-61A on an abandoned vehicle or impounded vehicle, make a teletype check of license plate and/or the Vehicle Identification Number (VIN) and attach it to the MV-51 (Towed Vehicle Report) NOTE: All numbers and alpha characters must be accurately entered on reports. Vehicles manufactured prior to 1981 have thirteen (13) or less digits; those vehicles manufactured after 1981 contain seventeen (17) digits. In most instances the alpha characters 0 and 1 are not used due to their resemblance to the numeric 0 and 1
COMPLAINT CLERK / DESK CLERK 4. Shall enter an Impounded Vehicle entry (IENT) into the NYSPIN System with as much pertinent information as possible; Log the entry on the Teletype Message Log (CCU-3);
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DISTRIBUTION: MV-61A: White Copy Yellow Copy Pink Copy Gold Copy Teletype White Copy Yellow Copy Pink Copy
-Support Services Division -Vehicle Removal Unit -Complaint Room -Detective Division
-IENT Teletype Drawer -Attach to pink copy of report and file in Towed vehicle file for current month. -Attach to white copy of report and forward to Support Services Division.
SUPPORT SERVICES DIVISION 6. Upon release of an impounded vehicle, shall complete a Release of Impounded Vehicle Form (CCU-16), and forward it to the Complaint Clerk for cancellation of the alarm.
BOOTING / IMPOUNDED VEHICLES

SUBJECT:
PURPOSE:
BOOTING / IMPOUNDED VEHICLES
To deny access of violators vehicle until outstanding summonses are satisfied. AUTHORITY: Article 1, Chapter 256, Code of the City of Mount Vernon. PROCEDURE: 1. 2. 3. This program will only be in effect Monday through Thursday. A list of offenders vehicles will be supplied by the court to Support Services Division. The restraining device, also known as the the boot, will be held by the Abandoned Vehicle Officer and placed on the vehicles only during those hours this program is in effect.
MEMBERS: 4. Whenever a listed vehicle is observed parked in the street or on public property (municipal lots, etc.), the Abandoned Vehicle Officer will be contacted to respond to the scene. Before the device is placed on the vehicle, it will be necessary to verify the status of the vehicle with the Court by obtaining a daily printout. The printout shall be dated and signed by a representative of the Court at the close of its business day. Vehicles listed, as scofflaws must be booted before the start of the next Court day, or new printout verification obtained. This will eliminate the possibility of booting a vehicle whose owner may have satisfied any outstanding summonses between the time the list was issued/updated and the time the vehicle was observed. If a vehicle is observed being operated, the driver can be ordered to park the vehicle and the boot then attached. If an operator inquiries within the twenty-four (24) hour period in order to claim a vehicle, he/she will be directed to report to the Court during the hours of 0830 to 1530 in order that the vehicle can be released. The booting device will not be removed unless an authorized release is presented by the operator. Vehicles will be released by the Abandoned Vehicle Officer only between 0900 to 1600 hours, Monday through Friday.
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PROCEDURE NO. 3.261 ABANDONED VEHICLE OFFICER: 10.
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Shall keep all restraining devices in the trunk of assigned vehicle, along with matching keys for lock. Additional storage space may be utilized if appropriate Upon being dispatched to a location where a listed vehicle is observed, respond and after ensuring that this vehicle is still on the current violators list, properly affix the device and prepare appropriate MV-61. An appropriate gummed warning notice will be placed on the drivers side of the window shield warning any potential operator that operating the vehicle while the immobilization device is affixed could cause serious damage to the vehicle. A. This sticker, or Immobilization Notice (MV-96) also informs the operator as to why the vehicle has been booted, and the method that should be used to gain possession legally.
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Should a vehicle be booted and not claimed within a twenty-four (24) hour period, it will be handled as an abandoned vehicle, towed to the contractors yard where it will be secured and the boot removed. The vehicle will not be released unless written authorization is given to the operator of the vehicle. This authorization will be in the form of the bottom part of the MV-51 which will only be issued after receipt of authorized written permission from City Court indicating that all fines have been paid or suitable arrangements have been made for payment. Towing of vehicle subjects the vehicle to additional charges, i.e., $25.00 Administrative Fee, which must be paid before an MV-51 release is issued to the department and towing and storage fee which must be paid to the towing contractor.
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DESK OFFICER: 17. Shall direct all interested parties to report to the Court in order to resolve any problem regarding the booting program. This is especially true regarding the collection of fines and fees, except the $25.00 Administrative Fee.
Procedure No. 3.262
INVENTORY SEARCHES OF IMPOUNDED MOTOR VEHICLES

SUBJECT:
INVENTORY SEARCHES OF IMPOUNDED MOTOR VEHICLES
PURPOSE: To establish police for inventory searches of impounded motor vehicles. OBJECTIVE: Inventory searches are executed to protect an owners property while it is in police custody, to protect the police against false claims of lost, stolen or damaged property, and to guard police and public from danger. It is not a means to gather evidence. PROCEDURE: Whenever a vehicle is impounded the following procedure shall be followed. 1. 2. 3. All closed and/or locked compartments shall be opened and the contents inventoried; Inspect the interior compartment; Open closed containers found in the vehicle, when the contents thereof cannot be ascertained without such opening. Inventory the contents of any such container. Voucher all times of substantial value for safekeeping, either by turning some over to the Property Clerk or, in the case of the owners arrest, to the Booking Officer as prisoner property. The Officers report will identify the location where these items were found; Incident reports shall list all property found in the vehicle. Members must remember that inventory searches should be conducted in the presence of the owner when practical, to protect against allegations of wrongdoing. Members will also ask the owner/operator, when present, if there are any other items of value in such impounded vehicles.
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Procedure No. 3.281
LOADING / UNLOADING STATION

SUBJECT:
LOADING / UNLOADING STATION
PURPOSE: 1. A loading/unloading station has been installed on the basement level of Headquarters adjacent to the rear stairwell. During the loading or unloading of a firearm, for any reason, performed within the confines of or in close proximity to Headquarters, the loading/unloading procedure will be performed with the muzzle of the firearm inserted into the angle pipe of the loading station. Each loading station has been designed to contain the accidental discharge of any hand held forearm. Movement of the loading station or the insertion of foreign objects into the loading station is strictly prohibited as it will defeat the intended purpose, which is the safety of members of the department.
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Procedure No. 3.282.1
DEPARTMENT DATAMASTER
SUBJECT:
THE DEPARTMENT DATAMASTER
PURPOSE: To establish a procedure for the routine inspection and calibration of the Department Datamaster. SUPPORT SERVICES DIVISION 1. The Commanding Officer of the Traffic Unit of the Support Services Division will assign a certified Datamaster operator to calibrate the Department Datamaster on a weekly period, and to maintain the proper documentation of the test performed.
BREATH TEST OPERATOR 2. 3. 4. Will inspect the Datamaster to determine if there is any damage to the unit; Will check to determine if there are ample supplies on hand needed to operate the unit; Will check to determine if the simulator solution date is current and is working at the proper temperature (34 degrees centigrade+/- .2 degree centigrade); Will complete three (3) simulated test noting the results of these test on the Breath Test Calibration Test Record. Results of this test should be .10 +/- .01 of 1 percent; Note on the Datamaster Inspection report any repairs that may be needed to the unit; If the Datamaster is in need of repair, the unit will be sent to the Department of Criminal Justices Services, Bureau for Municipal Police, Executive Park Tower, Stuyvesant Plaza, Albany, New York12203 When a unit is taken out of service for repairs an entry will be made on the Breath Test Calibration Test Record. The entry is to include, the nature of the repairs needed, name or technician or date transported to the Department of Criminal Justice Services. Upon the return of the unit a calibration test must be completed, and recorded on the Breathe Test Calibration Test Record. If the simulator results fall below .09 of 1%, the operator should request a new bottle of simulator solution from the Support Services Division and place the new solution in the Simulator. When the new solution has reached 34 degrees Centigrade, a new calibration test should be conducted, and the results logged on to the Breath Test Calibration Test Record to determine that the Datamaster is working properly;
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PROCEDURE NO. 3.282
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Copies of the test record should be forwarded to the Support Services Division to be filed with the Breath Test Calibration Test Record. If the Unit is out for service, contact DCJS for availability of a loaner Unit.
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Procedure No. 3.283
RADAR EQUIPMENT
SUBJECT:
RADAR EQUIPMENT
PROCEDURE: To insure that Department radar equipment is properly and safely utilized, the following guidelines will be adhered to: 1. 2. Only trained and authorized Department personnel may operate Department radar equipment. Members will follow procedures established by the Bureau of Municipal Police (BMP) for the installation and use of radar equipment. Installation will follow the ABC rule (antenna, base, current). Prior to starting police vehicles, the radar unit must be in the off position. Calibrate equipment in compliance with established procedures. Document all calibrations and radar activity on the radar activity form (Radar Chip). Radar antenna should be placed outside of the vehicle window. Care and caution will be exercised in cases of inclement weather. Use of defeater switch is recommended (only applicable to the Kustom KR 10SP). When the radar unit is not being utilized, the unit should be turned off, or the defeater switch utilized (the defeater switch will prevent the radar beam from emitting microwave energy, while still providing instant on capabilities. Upon completion of the tour, the radar unit will be calibrated and radar activity form will be completed. The radar unit will be turned off and the antenna will be secured on the inside of the rear window with the antenna cone facing the rear window (vehicles parked in other than a secure facility will have the radar equipment removed from the vehicle. Members will not operate the radar unit for an extended period of time while the antenna cone is pointed at himself or herself or another person.
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Procedure No. 3.284
PATROL DIVISION 35mm CAMERAS

SUBJECT:
PATROL DIVISION 35mm CAMERAS
PROCEDURE: 1. A 35mm camera will be assigned to each Patrol Squad for the purpose of taking any photographs that accomplish the police mission.
CRIMINAL IDENTIFICATION UNIT: 2. Film for the cameras will be processed and supplied by the Criminal Identification Unit. A. Each Patrol Squad will be issued a supply of film canisters. (1) (2) Each canister will contain five (5) frames of black and white film. Each canister will be used for one (1) incident only.
PATROL SQUADS: 3. After taking photographs of the incident scene, rewind film and clearly print the incident number on the label, which has been placed on each film canister. As soon as possible deliver the exposed film to the Criminal Identification Unit for processing. At this time the used film canister will be replaced with a new one.
NOTE: SEE DEPARTMENT PROCEDURE FOR ACCIDENTS AND INCIDENTS CITY INVOLVED.
Procedure No. 3.285
ANIMAL SHELTER EUTHANASIA PROCEDURE

Page 1 OF 2 Revised
SUBJECT:
ANIMAL SHELTER EUTHANASIA PROCEDURE
OBJECT: Animal Shelter Euthanasia Procedure Act or Method of Causing Death to Animals Easily and Humanly. POLICY: The intractable K-9 or feline (dog or cat) may need to be controlled by the use of a tranquilizer. PROCEDURE: 1. The tranquilizer used is given SQ, under the skin (anywhere). A. The tranquilizer drug used and dosages are Rompun (100 mg/ml dose 2-4 mg. Per pound. Ex: a fifty (50) pound dog would receive 1cc-2cc SQ).
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Once the annual is tranquil the frontal area of the forearm can be shaved to expose the cephalic vein, this is where the Beuthanasia solution is always administered as follows. The entire dose of solution rapidly. A. The following dosages are used for Beuthanasia. (1). (2). Feline 1-2cc intravenous Canine- 1cc per 5-10 pounds, intravenous
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There are two (2) routine checks which will be given to ensure the animal has expired: A. B. Palpebral reflex. Attempt to touch the eye. If the animal is still alive, it will blink. Place the hand on the left thorax behind the elbow. The heartbeat is strongest at this point. To insure accuracy of this procedure, these two (2) checks will be carried out on live specimens.
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MATERIALS: 4. Materials A. B. Twenty (20) gauge 1x1-1/2 inch. (length), 3cc / 6cc / 12cc syringe. Euthanasia solution Beuthanasia-D 100 ml.
PROCEDURE NO. 3.285 C. Tranquilizer or sedative Ex: Rompun
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AUTHORIZED PERSONNEL: 5. The Animal Warden and Assistant Animal Warden shall be sole persons responsible for and authorized to administer the euthanasia procedure.
Procedure No. 3.300
HOSTAGE / BARRICADE SITUATION

SUBJECT:
HOSTAGE / BARRICADE SITUATION
PURPOSE: To establish a procedure and provide guidelines for the initial confrontation phase in a Hostage / Barricade Situation.
POLICY: The policy of the Mount Vernon Police Department in a Hostage /Barricade Situation is: 1. To protect and safeguard human life, this includes Departmental personnel, the general public, hostages, and if possible those persons holding hostages. The safe release of all hostages. The apprehension of all hostage takers.
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PROCEDURE: Members shall adhere to the following guidelines:
PATROL OFFICER: The first Police Officer at the scene of a Hostage/Barricade Situation shall; 4. Confine the subjects to the immediate area in which they are located and maintain firearms discipline. Relay all available information via the Communications Unit to the Desk Officer. Detain all witnesses to the occurrence so that the Detectives may debrief them. Relay all available information to the first Patrol Supervisor on the scene. Report to the Detectives when relieved for debriefing.
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PROCEDURE NO. 3.300
PAGE 2 OF 3
PATROL SUPERVISOR: The first Patrol Supervisor at the scene of a Hostage /Barricade Situation shall: 9. EVALUATE THE SITUATION. Once satisfied that a Hostage/Barricade Situation does exist: Notify the Desk Officer that a Hostage / Barricade Situation does EXIST, relaying all available information. Put into effect the basic Police tactics of ISOLATION AND CONTAINMENT by establishing an inner and outer perimeter as manpower becomes available. Establish a temporary Field Headquarters out of the line of sight of fire of the Hostage/Barricade area and notify the Desk Officer of the location and telephone number. Direct all responding Members of the force to report to him for assignment and briefing. He will ensure that the Members of the force are aware that SAFETY of the hostage is of primary concern. He will direct Members of the force not to fire their weapons unless their lives or the lives of another are in imminent danger. He shall designate a mobilization point separate from the temporary Field Headquarters to which additional units should respond and transmit this information and access route to the Desk Officer via the Communications Unit. He shall direct the Communications Unit to include in every broadcast to responding units any area or streets which may be unsafe for responding units to enter. He shall begin the evacuation of all civilians from buildings that are in the line of fire from the Hostage/Barricade takers or police. He shall gather all the available information in the time permitted which will assist in formulating a workable course of action. The information gathering should follow the standard police format: WHO: 19. WHAT: WHEN: WHY: HOW:
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He shall remain in overall command until properly relieved by a higher authority.
DESK OFFICER: The Desk Officer upon being notified by the Patrol Supervisor on the scene that a Hostage/Barricade Situation does exist shall. 20. Notify the Commanding Officer of the Patrol Division who shall respond and take command at the scene.
PROCEDURE NO. 3.300
PAGE 3 OF 3
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Notify those Members of the Department designated as trained Hostage Negotiators. Three (3) negotiators will be needed for a Hostage/Barricade Situation, i.e. A Coordinator, A Primary Negotiator, and a Backup Negotiator. A list of trained negotiators will be maintained at the Desk. The desk officer shall call members on this list until he has three (3) negotiators responding. Notify the Commanding Officer of the Detective Division, who shall respond or designate a Detective Supervisor to respond to be the Intelligence Officer during the Hostage/Barricade Situation. Notify the Commanding Officer of the Support Services Division who shall respond or designate a member of his Division (on call) to respond to be the Community Resources, Logistics, and Supply Officer during the Hostage/Barricade Situation. Notify the Chief of Police. Notify the Deputy Commissioner. Notify the Police Commissioner. Upon the request of the Commanding Officer of the Patrol Division, have the Emergency Mobilization Plan activated (as per man power needs). He shall refer to the Emergency Mobilization Plan to receive proper authorization. Upon authorization, put the Emergency Mobilization Plan into effect.
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Have any equipment requested at the scene removed from the storage lockers at Headquarters and transported to the scene. See that all officers reporting for duty are in uniform and properly equipped, and are dispatched to the mobilization point via a safe route. Notify the Fire Department of the streets that are closed due to the Hostage/Barricade Situation.
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Procedure No. 3.301
RESPONSE TO BOMB THREATS AND POST EXPLOSION SCENES

SUBJECT:
RESPONSE TO BOMB THREATS AND POST EXPLOSION SCENES
PURPOSE: To establish response procedures for bomb threats and post bomb explosion scenes, while providing maximum protection to persons or property and safeguarding evidence at reported incidents.
PROCEDURE: When such events are reported the following procedure shall be followed: NOTE: Members must remember the ever present terrorism threat in the world today. Terrorist organizations have targeted major business corporations and subsidiaries doing business in the United States, foreign government buildings and their representatives. Some of these groups call outside agencies other than the police identifying the name of the group, the location of the bomb and the time of detonation. Other groups call and claim credit after the explosion.
DESK OFFICER AND EMERGENCY SERVICE DISPATCHERS 1. Secure as detailed information as possible from the caller as to the exact placement of the device, the forecasted time of the explosion and the name of any group. Immediately dispatch sufficient police and fire units to control the scene and establish the perimeter recommended below; Attempt to keep the caller on the line and transfer the call to the Desk Officer for further questioning regarding peculiarities which may have been detected by the person receiving the phone call, (background noises, accent, etc.) Immediately notify the County Police that a bomb threat has been received, relating all the known circumstances in order to assist them in determining if the Bomb Squad will respond immediately; The ranking officer of the Police Department on the scene will establish a temporary Headquarters and be in command until the arrival of the Westchester County Bomb Squad. The Fire Department will assist in the operation as requested.
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PROCEDURE NO. 3..301 PATROL SUPERVISOR 6.
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Spot Police and Fire apparatus well clear of the target location, a minimum of three hundred (300) feet. ALLOW NO RADIO OR PORTABLE RADIO TRANSMISSION WITHIN THREE HUNDRED (300) FEET. THE TRANSMISSION OF A RADIO MAY DETONATE SOME TYPES OF EXPLOSIVE DEVICES. Establish and maintain an operational perimeter 300 feet in all directions. Remember, unauthorized personnel shall not be allowed inside the operational perimeter. A. Attempt to put another building, if possible, between yourself and the location of the suspected device.
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Upon request Mount Vernon Fire Department personnel will assist in searching the premises. If possible search teams should consist of Fire and Police personnel. A. Building management personnel should be present to help spot suspicious objects.
NOTE: Those associated with the building will have the most knowledge as to what q objects are foreign or suspicious. Make every effort to gain their assistance. 9. In bomb threat situations, normally the decision to search for the bomb or to evacuate the building rests with the management of the premises and the law enforcement agency involved. Persons evacuated from the buildings should be moved to safety and all further entrance restricting at a perimeter 1000 feet from the target facility. A. Pedestrian traffic shall be restricted with the use of Police Line tape and police vehicles and personnel will be placed at intersections restrict all but authorized traffic. Only Members of the County Bomb Squad should be within the established operational perimeter. All other personnel will move behind the established perimeter upon arrival of the Bomb Squad. Bomb Squad personnel will be in charge of that area within the operational perimeter while police personnel will maintain pedestrian/crowd and traffic control outside the operational perimeter. Do not become involved in bomb disposal operations. This is the Bomb Squads function.
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If possible, anytime up to twenty (20) minutes before the forecast time of explosion, police personnel on the scene should conduct a cursory search of the building to pinpoint the location of any suspected devices. A. B. C. Stop search twenty (20) minutes prior to threatened time. Do not resume search for at least one (1) hour after threatened time. Most bomb devices to date have been placed against the exterior of the targeted buildings. (1) The devices have frequently been placed behind shrubbery.
PAGE 3 OF 4 If no such cover exists, it may be possible to drive around the building viewing the exterior with the vehicle spotlights. In daytime incidents in occupied buildings, the terrorists have shown a preference for placing their bombs in stairwells. Assume there is more than one (1) device in and around the targeted complex. During emergency operations and during overhaul, be alert for additional explosive devices (this could be anything that may seem out of place). If an object is suspected of being an explosive device, do not touch it or allow anyone else to touch it. Notify (NOT BY RADIO) the Bomb Squad and the Supervisor in charge.
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In searching the interior buildings, use stairways instead of elevators if possible. (1) If necessary to use elevators, use those not accessible to the public.
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DO NOT TOUCH OR DISTURB A SUSPECTED DEVICE UNDER ANY CIRCUMSTANCES. Notify temporary Headquarters when a suspected device is found or when search area is completed WITHOUT USING POLICE RADIO. All personnel in the immediate area of the target facility will refrain from using any police radio. Radio signals have been known to detonate explosives. Isolate any person who saw the suspect device and have that person available to immediately confer with the Bomb Squad when they arrive. Dispatch other available police units to check out the entire vicinity for x mile around the target facility. Responding units should: A. Be attentive to phone booths in the immediate area and locations (motels, bars, etc.) which have public phones and are situated in an area to view the police response to the target facility. Check suspicious and occupied, vehicles in the immediate area, particularly attentive to rental vehicles, vehicles with scanners. USE EXTREME CAUTION IN APPROACHING ANY SUSPECT. Field interview all persons and record the plate numbers of all vehicles in the immediate area. Report addresses shown on any identification to your Headquarters for relay to the county police for a check against the mail drop list. In any case where reasonable suspicious remains, the party should be held for a reasonable time to permit further investigation.
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As soon as possible after the initial dispatches and notifications have been accomplished, an officer should get back to the initial person receiving the call to reconfirm specific details of the threat.
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All personnel shall refrain from public disclosure of the actions taken or attempted by the Bomb Squad to defeat the device. A. Bomb Squad personnel will advise the Departments spokesman what should be said if a device is defeated.
POST BLAST PROCEDURES: ALL PERSONNEL: 17. All personnel shall assume there is still a second device in the complex and keep all unnecessary persons outside the 1000 foot perimeter. Check the building management to ascertain if there were any hazardous materials in the area of the blast, which may have been released. Establish a command post manned by a supervisor to coordinate activities with the County Bomb Squad, the Terrorist Task Force, and any responding utilities. County Bomb Squad personnel have ropes and crime scene signs to cordon off the scene. Coordinate with them and close off the entire area within the viewing distance of the explosion site. Only essential vehicles shall be permitted inside the outermost roped perimeter. If possible, restrict all access to the crime area by nonessential personnel. If this is not possible, restrict all such access until the Department and Bomb Squad personnel have been able to establish and search a restricted access corridor to a controlled viewing area.
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HAZARDOUS MATERIALS
SUBJECT:
HAZARDOUS MATERIALS
PURPOSE: Establishing and maintaining a standard procedure for handling emergencies involving hazardous materials. PROCEDURE: 1. Authority and control of the scene of any Hazardous Materials Incidents will be assumed by the senior Superior Officer of the Fire Department. When an incident arises involving hazardous materials, Police Officers responding will be guided by the Senior Fire Department Superior Officer unless the incident requires immediate action for the protection of life.
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MEMBERS: 3. When responding to any incident relating to noxious odors, fumes, vapors, chemical spills, Police and Fire Department members shall: A. Always expect that HAZARDOUS MATERIALS is involved in the incident: all personnel will approach the area exercising extreme caution.
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Immediately cordon off the contaminated area. It shall be the duty of the Police Officer to preclude entry by any unauthorized persons. If another life is not endangered, stay out of the contaminated area until entry is authorized by the Senior Fire Department Officer. Fire Department personnel with protective clothing will enter area to identify the substance. Once substance has been identified, members of the Police and other Departments shall be guided by the Fire Department Supervisor. If evacuation is deemed necessary by the Fire Department Superior Officer, the Police Department Commander at the scene will direct his officer to notify the persons in the contaminated area. He will also request barricades, ropes, traffic cones (when required) and other necessary equipment from the Department of Public Works required to restrict movement. The Police Officer shall prohibit anyone from entering the area other than authorized personnel wearing protective clothing; this shall include all members of the Police and Fire Departments
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PROCEDURE 3.302-1
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COMMUNICATION PROCEDURES: 8. The Police Supervisor on the scene will not enter the contaminated area unless authorized by Senior Fire Supervisor. If necessary, he shall communicate with the Fire Department Supervisor on the scene through the Communication Center.
FIELD OPERATIONS CENTER: 9. As soon as practical, a joint Fire/Police Command Post will be established upwind and away from the immediate contaminated area. It will be manned by a Patrol Supervisor and a Fire Department Officer. Patrol Supervisor commanding the Commanding Post will request that an Unusual Disaster Log Book be delivered to the Command Post and entries will be made in the Log Book, chronologically, i.e., who is on the scene, time of arrival and the events as they take place. The Unusual Disaster Log Book is kept at the Desk in Headquarters and will be released on request of Superior Officer on the scene of the Desk Officer.
SUPPORTING AGENCIES: 10. When requested by the Fire Department, the following Agencies will be immediately notified for assistance: A. B. C. D. E. F. G. H. 11. Civil DefenseBuilding Dept.U.S. Coast GuardN.Y.S. Environmental Protection AgencyU.S. (Federal) Environmental Protection AgencyCounty Health DepartmentCorporation CounselD.P.W. Commissioner-
Anyone in violation of the above procedures who endangers his/her health or life of that of others shall be subject to appropriate disciplinary action.
LEVEL OF TRAINING: 12. Although police officers are not responsible for controlling the release of hazardous materials, as police officers assigned to patrol duties are likely to see, locate, or respond to a release of hazardous materials; as per Federal Regulations 29 CFR 1910.120; all police officers assigned to patrol duties are trained in basic awareness as Hazardous Materials First Responders.
Procedure No. 3.303
LARGE HOSTILE GROUPS

SUBJECT:
LARGE HOSTILE GROUPS
PURPOSE: To evaluate conditions, strategy and/or mobilize manpower to cope with conditions. Guidelines are selected for the purpose of quelling the disturbance, safeguarding property and preventing injury to residents of the area and/or Police Officers. PROCEDURES: 1. When a Police Officer goes into an area on a complaint where large groups have gathered and become hostile by acts such as throwing bottles, empty soda cans, etc. at the Officer, the Patrol Supervisor will immediately be dispatched to the scene and he shall evaluate the condition. If conditions warrant, he shall order all Police Officers to leave their immediate area for their protection and the protection of citizens or property in the area. Once the area is evacuated of all Police Officers, the Patrol Supervisor shall immediately request, via Police Radio Communication, that the Duty Captain be notified. If there is an apprehension or an arrest, the Patrol Supervisor will immediately have the officers and persons arrested removed from the area. If the incident emanated from non-criminal act such as a vehicle accident or a normal traffic stop, the Patrol Supervisor will have officers remove all persons involved in the from the area and instruct them to complete the necessary reports at Headquarters. The Patrol Supervisor will then meet with Duty Captain at Headquarters and evaluate the conditions. The Patrol Supervisor will then order a Radio Motor Patrol Unit to enter the area by the use of cross streets and will only cross the disturbed area. If the Radio Motor Patrol Unit has made several crossings in the disturbed area without incident, he will notify the Patrol Supervisor at which time the Patrol Supervisor will inform him to travel the disturbed area route. If at this point, the Radio Motor Patrol Unit informs the Patrol Supervisor that there has been no hostile action towards the Patrol Unit, the Patrol Supervisor will then allow patrol to resume. If the Patrol Unit is attacked by rocks, bottles cans being thrown, even if there is damage to the Unit, he will immediately leave the area and report the hostile action to the Patrol Supervisor. The Patrol Supervisor will immediately notify the Duty Captain who, in turn, will be in charge of the situation, for appropriate action as previously set forth or befits the situation.
2.
3.
4.
5.
6.
7.
PROCEDURE NO. 3.303 DUTY CAPTAIN: 8.
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The Duty Captain, or a representative, will notify the Chief, Commissioner and Deputy Commissioner if the incident warrants. At no time will the riot equipment be ordered and disturbed to the members unless it has been authorized by the officer of the rank of Captain or above.
9.
Procedure No. 3.304
CONSUMER PRODUCT TAMPERING

SUBJECT:
CONSUMER PRODUCT TAMPERING
PURPOSE: To provide documentation of consumer product tampering. DEFINITION: CONSUMER TAMPERING: The intentional addition to a substance or altering of a product which is intended to be offered as consumer merchandise, and such addition or altering creating a risk of harm to the user. PROCEDURE: MEMBER: 1. Investigation which reveal indications of product tampering require the submission of an MV-61 by the investigating officer, incident type will be entered as Consumer Product Tampering. All pertinent information will be obtained, including brand name, code numbers on package or can, place and date of purchase, and any pertinent information concerning the case. Immediate notification of the existence of a tampering incident will be made to the Desk Officer. The tampered product will be recovered as evidence.
DESK OFFICER: 2. Suspected tampering incidents are required by the NYS Executive Law to be reported to the N.Y. State Police within five (5) hours of original report. The Desk Officer receiving notification of such a tampering incident from an investigating officer may elect either three (3) alternative methods of effecting such notification to NYSP: A. B. NYSPIN via formatted entry screen under LTRI (Long Term Retrieval Index); Telephone 800-648-0881 A dedicated CPT Line for Police Use Only (Not for release to the public); Facsimile Transmission (FAX) utilizing the Consumer Product Tampering Data Base Case Report and transmitting it to the telephone number of the State Police Facsimile Terminal, which is (518) 457-3207.
C.
3.
The full resources of the State Police have been made available for assistance in CPT cases, including forensic laboratory analysis, investigative services and identification services. It is the policy of this department to utilize any assistance available.
PAGE 2 OF 2
Although an investigation may not be completed within five (5) hours of the original complaint, the information, which is available (basic pertinent information) will be forwarded to the State Police via one (1) of the alternative methods within the five (5) hour time period. A minimum of information must include: A. B. C. D. Information on complaint; Whether or not this agency is undertaking an active investigation; Advise that the assistance of the state Police is requested; The type of product.
DETECTIVE DIVISION: 5. Detectives will be notified in cases where illness or injury are associated with a CPT case.
Procedure No. 3.305
INVESTIGATION AND IDENTIFICATION OF DISASTER VICTIMS

Page 1 OF 2 Revised
SUBJECT:
INVESTIGATION AND IDENTIFICATION OF DISASTER VICTIMS
PURPOSE: The purpose of this order is to establish guidelines for the investigation of the disaster and identification of victims. POLICY: It shall be the policy of this Department to assist and cooperate with other agencies on the investigation of disasters and the identification of victims. PROCEDURE 1. RESPONSIBILITIES OF INVESTIGATIVE TEAM A. The Detective Team will consist of: (1) (2) (3) (4) B. Team Leader Division Commander Photography Detective (CIU) Diagrams Detective Video Detective and / or P.O.
The Detective Division Commander or his designee will confer with the Westchester County Medical Examiner or his designee, prior to the removal of dead bodies. In connection with other agencies that may have jurisdiction, the Detective Team will conduct a preliminary investigation with respect to the occurrence.
C.
2.
The investigation at the scene of a disaster may be conducted after removal of injured victims. The Detective Team may have to postpone investigations until the following day, in order to allow time for victim removal. In all occurrences, the team will be required to conduct a preliminary investigation that consists of: A. B. Photographing the overall scene Photographing the rescue operation.
3.
4.
PROCEDURE. 3.305 C. D. E. F. G. Photographing the wreckage Photographing victims of wreckage or disaster
PAGE 2 OF 2
Obtaining names, etc of personnel that are involved in the rescue operation Obtaining names, etc, of personnel conducting investigations from other agencies Compiling information and data that will describe the events and circumstances surrounding the occurrence or event.
5.
Tape Recording A. If possible, the team leader will have a video record of his investigation as he is progressing through the scene.
6.
Identification of Dead Bodies A. After photographing the deceased, their location should be marked with a numbered stake. All stake locations should be recorded in a diagram. These locations should be forwarded to the medical examiner or his support staff. No removal of the deceased will be attempted until authorized by the medical examiner.
B. C. D.
7.
Once the Detective Team has completed all operations at the scene, they shall return to police headquarters and complete the necessary reports.
Procedure No. 3.306
INITIAL RESPONSE TO MAJOR EMERGENCIES

Page 1 OF 3 Revised
SUBJECT: INITIAL RESPONSE TO MAJOR EMERGENCIES

PURPOSE: The purpose of this procedure is to establish guidelines for initial response to extraordinary emergencies requiring more than routine police action, equipment and personnel. POLICY: Every effort shall be made to insure the protection of life and property in emergency incidents requiring more than routine police action. It is essential, therefore, that the first officers arriving at the scene of such an incident immediately start organizing the emergency response in an efficient manner which will facilitate the follow-up actions which must occur. The procedures outlined below will guide the actions of department personnel initially responding to the site of an incident. For events occurring in another jurisdiction, Department police personnel shall initiate and/or assist in this initial organization process. Control of the scene shall be promptly relinquished to the first responding police units of the impacted jurisdiction. PROCEDURE: DUTIES OF FIRST OFFICER ON SCENE: 1. The first officer at the scene of a major emergency shall immediately perform the following: A. B. C. Clear the radio frequency of all unnecessary traffic; Determine the nature of the emergency; Advise headquarters of the exact location, jurisdiction, and best route to the scene; (1) If the emergency is located in another jurisdiction, the communications officer shall notify the responsible police jurisdiction FORTHWITH.
D. E.
Estimate the number and types of injuries and/or deaths; Advise headquarters of what route to be used for back-up and special, e.g. utility companies, public works, water dept., fire apparatus, ambulance, medical examiner, etc.; (1) If the Commanding Officer on the scene decides the incident warrants additional manpower, the Desk officer will be advised and appropriate notification will be made. The departments Emergency Mobilization Plan may be activated. Refer to Department Manual 3.220.
PROCEDURE NO. 3.306
PAGE 2 OF 3
(2)
In the event the situation is beyond the scope of the Departments resources, the Commissioner or his designee may consider activation of the Mutual Aid Assistance Plan. Refer to Department Manual 3.221
F.
Establish inner and outer perimeters to contain the situation to protect the public and to restrict non-essential traffic.
2.
While awaiting the arrival for additional assistance, the first Police Officer on the scene shall: A. B. C. Take immediate steps necessary to protect life and property; Maintain contact with headquarters; Maintain control of the scene so that the steps outlined below can be taken upon the arrival of a supervisor and/or personnel from the jurisdiction of responsibility; Be prepared to brief responding personnel concerning any and all pertinent information.
D.
3.
A Command Post location should be selected by the police officer in charge near the scene with sufficient space for police and, if applicable, fire and E.M.S. command personnel and medical examiners staff. It may also be necessary to take the following measures: A. Designate, if necessary, areas for emergency medical services operations, including; (1) (2) B. A collection station near the scene for triage An ambulance loading area.
Designate, if necessary, an area for the medical examiners operations, including a collection station near the scene, but outside the perimeter, for the identification of bodies and securing of personal effects; Mount Vernon schools have been designated as temporary morgue facilities and shall be utilized as locations for a temporary morgue, if necessary, at the direction of the medical examiners staff.
C.
Designate a staging area for emergency equipment at a desirable location near but outside the perimeter. Keep a clear lane of traffic to be used by emergency vehicles in and out of the secure area; Designate a press area at a location convenient to the command post but outside the perimeter; If possible, set up temporary phone service.
D.
E.
F.
PROCEDURE NO. 3.306 4. PERIMETER CONTROL
PAGE 3 OF 3
In major emergency situations, it is essential that the free flow of necessary emergency equipment and personnel be maintained. Unnecessary personnel and vehicles must be kept out the immediate area of operations. Officers assigned to perimeter control shall use, to the extent practical, the following guidelines for admitting people and vehicles to maintain operating area: A. The first fire company and the first two ambulances shall be admitted through the perimeter lines. Those representatives of fire and E.M.S. will set up their respective command posts and subsequently specify what other equipment should be allowed to pass through the perimeter lines; Other emergency equipment arriving at the perimeter should be directed to the staging area await order; Paramedics and emergency medical technicians should be granted admittance but only in numbers proportionate to the volume of injured; Medical Examiners staff shall be granted admittance whenever appropriate; Privately owned vehicles will not be permitted beyond the perimeter lines, except those carrying required or specialized equipment. Orderly parking on the approach roadways must be maintained.
B.
C.
D. E.
F. 5.
DUTIES OF THE DESK OFFICER A. Immediately notify all City Departments and outside agencies whose services may be necessary. Notify appropriate command officer s in accordance with Department procedures. Maintain a log of events for proper Day Book entries. Depending upon the seriousness and/or duration of the emergency, it may be unnecessary to muster additional personnel. Upon direction of proper authority, off duty officers shall be called to duty.
B. C.
D.
Procedure No. 3.307
COMMERCIAL TRANSPORTATION CARRIER ACCIDENTS

Page 1 OF 1 Revised
SUBJECT: COMMERCIAL TRANSPORTATION CARRIER ACCIDENTS

PURPOSE: The purpose of this order is to provide personnel with important information regarding major transportation accidents and to establish guidelines for initial response to such accidents. POLICY: Every effort will be made to insure the protection of life and property in emergency incidents requiring more than routine police action. It is essential, therefore, that the first officers arriving at the scene of such an incident immediately start organizing the emergency response in an efficient and effective manner which will facilitate the follow-up actions which must occur. The procedures outlined below will guide the actions of department personnel initially responding to the site of such an incident. For events occurring in another jurisdiction, members of the department will initiate and/or assist in the initial organization process. Control of the scene will be promptly relinquished to the first responding police units if the impacted jurisdiction. PROCEDURE: 1. Upon notification of the incident, the patrol supervisor will respond immediately to the scene and refer to Order # 3.306 Initial Response To Major Emergencies. Accidents involving trains should be reported to Metro North Police by the Desk Officer as soon as possible, noting the exact location and train number, if known. To have power cut, or to have train service stopped, the control tower can be called directly. Accidents involving aircraft should be reported to the Westchester County Airport. Emergency telephone numbers are listed in the Emergency Telephone Log maintained by the Desk Officer and stored at the main desk.
2.
3. 4.
Procedure No. 3.308
UNUSUAL OCCURRENCES
Page 1 OF 9 Revised
SUBJECT:
UNUSUAL OCCURRENCES
PURPOSE: The purpose of this order is to establish guidelines to be used in the event of an unusual occurrence affecting the City of Mount Vernon, which proves to be beyond the capabilities of the Police Departments normal daily operations. This order shall be included in the Departments Emergency Response Manual, which should be referred to in all such unusual and/or emergency situation. POLICY: It is the policy of the Mount Vernon Police Department to promptly respond to all occurrences of unusual or emergency nature and to provide for the orderly and efficient assembly of manpower, supplies, and equipment necessary to handle, control, and safely terminate any such occurrence. DEFINITION: Unusual Occurrence means any event, generally of an emergency nature, which involves actual or potential personal injury or property damage arising from a natural disaster, man made disaster, or civil disturbance. Natural Disaster means those incidents in which the focus of nature threaten the lives, safety or property of numerous persons; i.e., floods, hurricanes, earthquakes, explosions, tornadoes, landslides, drought, infestation, or significant snowfall/blizzard Man Made Disaster means incidents in which the forces of a man threaten the lives, safety, or property of numerous persons; i.e., nuclear/radiological accidents, chemical spills, major railroad accidents, or aircraft crashes. Civil Disturbance means an action by any group that poses a substantial threat to peace, life or property or any tumultuous or violent activity that creates a gave risk of causing public alarm. Inner Perimeter means the immediate area of containment around the incident site. Outer Perimeter means the peripheral control area surrounded the inner perimeter providing a safe zone for access to and from the inner perimeter as well as defining the limit of access by unauthorized persons. Field Command Post means the on-scene location for command staff who will be responsible for determining the exact status of the emergency resources needed and incident strategy. Chief Executive means the Mayor.
PROCEDURE NO. 3.308 ADMINISTRATION A.
PAGE 2 OF 9
The Commissioner or his designee shall be responsible for planning the Departments response unusual occurrences. He shall also be responsible for coordinating the plans content with all affected agencies including local, state, and federal civil defense authorities. All plans for unusual occurrences including the Emergency Response Manual shall be reviewed annually by the Commissioner or his designee and updated, if necessary. Emergency telephone numbers shall be also verified during the annual review. The Patrol Division Commander may select Members of the Department to observe the emergency operations procedures of other departments for the purpose of recommending changes in this plan. Rehearsals of any specific plan in the Emergency Response Manual shall be at the discretion of the Chief of Police.
B.
C.
D.
PROCEDURE 1. COMMUNICATION A. Upon receiving confirmation of an unusual occurrence, the Desk Officer shall clear the police radio frequency of all unnecessary traffic. (1). The police frequency, channel 3, shall be the primary frequency for the coordination of all emergency procedures.
B.
The Westchester County Office of Disaster and Emergency Services can provide a communications van in cases where it is necessary to establish emergency communications. (1). To request use of this van the Commanding Officer of the Patrol Division should contact the Westchester County Police with the necessary information i.e., type of emergency and desired location of the van/ they will have the van respond from the Fire Training Center in Valhalla.
C.
The State Emergency Management office maintains two (2) Emergency Communications Vehicles which, are available when emergency field communications are needed as a result of: (1). The absence of any communications that is required to support an emergency operation. Existing communications that have become overloaded, and supplementary equipment is needed; or A requirement for multiple agency coordination and/or inter-agency communications.
(2).
(3).
D.
If the emergency is immediate and the use of a State Emergency Communications Vehicle is desired, the ranking officer should contact the Deputy Superintendent of Administration at State Police Division headquarters, telephone number listed in the Emergency Telephone Log. During non-business hours, contact the State Police Duty Officer through division headquarters main desk.
PROCEDURE NO. 3.308 (1).
PAGE 3 OF 9
Following telephone contact, a NYSPIN message must be sent to Division Headquarters. This message must be directed to the Deputy Superintendent of Administration at State Police Division Headquarters, telephone number listed in the emergency telephone log. During non-business hours, contact the State Police Duty Officer through Division Headquarters Main Desk. Following approval by the appropriate authority, the Emergency Communications Van will be dispatched to the location and will report to the officer in charge of the scene.
(2).
COMMAND POSTS 2. 3. Police Department Headquarters is designated as the primary command post. If the situation warrants, an alternate field command post shall be established by the first supervisor on the scene. He shall be guided by Order # 3.306 and remain in charge of the scene until such time he is properly relieved by higher-ranking officer. A. The field command post should be located between the outer perimeter and the inner perimeter, if possible. The field command post should be equipped with at least two (2) telephones, the first for incoming calls and the second for outgoing calls. The supervisor in charge of the command post shall notify the desk officer of the location and telephone number of the command post and the safest route for other responding personnel. The command post shall be equipped with emergency response maps if necessary, which are available at the police desk to permit ease in plotting logistical instructions, high priority protective areas, etc.
B.
C.
D.
PUBLIC INFORMATION 4. Media briefings shall be conducted pursuant to Department Manual 2.121, Release of Information Regarding Police Activity. Media briefings should be conducted as the need arises and should include; A. Casualty information, including the number of known dead; names, addresses, or other identifying data shall not be released until the next of kin has been notified; The extent of property damage as well as imminent or present dangers to the public; Warnings against looting or other criminal acts; and Up to date and factual information to prevent the spread of hysteria and rumor.
5.
B. C. D.
PUBLIC FACILITY SECURITY 6. Fixed security posts shall be established at public facilities in situations where there is a danger that damage, looting, or crowd take-over may occur at such facility.
PAGE 4 OF 9
In the event of a civil disturbance those public facilities located closest to the disturbance shall be given priority in the assignment of fixed security posts with special attention being given to those facilities which may be the focal point of the disturbance.
TRAFFIC CONTROL 8. Traffic patterns shall be established and controlled around the site of all unusual occurrences through the use of street barricades and/or personnel manually directing traffic. A. Wooden barricades are located in the rear of police headquarters. If additional barricades are needed they can be obtained by contacting the Department of Public Works.
9.
In addition to regulating vehicular traffic, each entrance and exit from the affected area shall serve as security checkpoint in which, all persons requesting entry into the affected area will be denied access except for those persons on critical business. Crowd control perimeters shall be established through the use of natural or artificial barriers around the site to prevent onlookers from entering the area for their own safety, and for the effectiveness of rescue operations.
10.
EQUIPMENT 11. The following equipment shall be required in support of unusual occurrence operations: A. B. Riot helmets. Supplied to all personnel by the department. Ambulance. As required, the ambulance may be summonsed from Empress Ambulance Service. Additional ambulances may be summonsed via the dispatcher. Portable loudspeaker. A portable loud speaker is located in the patrol division. High pressure water hose. If required, a high pressure water hose can be requested from and operated by Members of the Mount Vernon Fire Department. Restraining devices. A supply of temporary restraining devices, (flex cuffs) are stored in the Support Services Division. Special weapons. To be used by Department trained personnel only. Traffic vests. Traffic vests are located in the Department equipment room and can be attained by Support Services personnel. Field Command Post. The Patrol Supervisors vehicle shall be designated as the field command post, unless another location is deemed appropriate. Protective armor (bullet-proof vest). Each members is provided with a bullet-proof vest upon employment. Emergency Communications Vehicle. This vehicle is available through both the Westchester County Office of Disaster an Emergency Services and the State Emergency Management Office.
C. D.
E.
F. G.
H.
I.
J.
12.
The distribution of equipment required in support of unusual occurrence operations is the responsibility of the Support services Division.
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Related Department equipment shall be inspected and the availability thereof determined by the Equipment Unit of the Support Services Division and any deficiencies shall be reported to the Commanding Officer of the Support Services Division.
DUTIES AND RESPONSIBILITIES OF RESPONDING PERSONNEL 14. Initial responding Officer. A. When an officer becomes aware of an unusual occurrence or emergency that may cause injury to the general public or substantial property damage, he shall advise the desk officer and request a supervisor immediately responded to the scene. The officer shall evaluate the situation, request all necessary assistance and take whatever action is possible to aid the injured, restore order, and/or control the situation until additional help arrives. The officer is responsible for providing an assessment of the situation to the patrol supervisor upon request.
B.
C.
15.
Additional Police Officers A. Personnel assigned to assist at the scene shall be responsible for administering immediate first aid (within their level of training) to the injured. Rescue work, and/or traffic crowd control may be required in an attempt to prevent additional injuries, property damage, or a related police hazards. Although initially involved in emergency operations, the duties of personnel additionally assigned to the scene of an unusual occurrence can change rapidly upon the arrival of a supervisor or when the Fire Department assumes responsibility for rescue operations.
B.
C.
16.
Patrol Supervisor A. The Patrol Supervisor shall respond to the scene immediately and evaluate the situation. He shall determine if the situation is beyond the scope of the departments resources, and is responsible for notifying the Desk Officer. He shall assume command of the disaster scene and shall remain in command until relieved of this responsibility by a higher ranking officer. He shall be responsible for isolating and securing the area, and:
B.
C.
(1)
If possible to accomplish safely, initiating any necessary evacuation of bystanders and/or victims within the inner perimeter; If necessary, establishing a field command post; and Ensuring that vehicular and pedestrian traffic has been adequately diverted.
(1) (2) D.
He shall coordinate efforts with the Commanding Officer of the Fire Department present at the scene.
PROCEDURE NO. 3.308 17. Transfer of Responsibility A.
PAGE 6 OF 9
Upon arrival of a higher ranking officer at the disaster scene, the previous supervisor shall brief him of the situation and its present status. The higher officer should not assume command until he has gained sufficient knowledge of the incident. He may be delegate incident command, and maintain a supervisory role. The higher ranking officer shall be responsible for initiating the necessary notifications to implement a request for other law enforcement agency support, (Manual Aid Assistance Plan), if required. In the event of an unusual occurrence which requires the assistance of mutual aid from outside agencies, the Chief of Police or the highest ranking Police Department Officer shall exercise command and control over all civil law enforcement resources committed to the occurrence.
B.
C.
D.
EMERGENCY MOBILIZATION OF MANPOWER AND EQUIPMENT 18. The Patrol Supervisor or the ranking officer at the scene shall notify the Desk Officer of the need for additional personnel. In the event of an emergency mobilization the desk Officer shall notify the following: A. B. C. D. 20. Police Commissioner; Deputy Police Commissioner ; Chief of Police; Police Department Division Commanders
19.
The Police Commissioner or his designee shall grant the authorization to mobilize additional manpower. The nature of the unusual occurrences shall dictate the number of personnel recalled and the manner in which they are recalled. Recall is the responsibility of the Desk officer and shall be accomplished using the department roster and the department Emergency Mobilization order 3.220. A. In the event that the emergency situation extends beyond the duration of twenty-four hours, the Department may change to a two (2) hour emergency schedule consisting of twelve (12) hours off. Police Headquarters shall be primary assembly area for recalled personnel. Additional personnel and equipment needed at the scene shall be transported there by backup personnel. Patrol vehicles may be used to shuttle personnel from the assembly area to the scene of the occurrence.
B. C.
D.
21.
In the event the unusual occurrence extends beyond the scope of the resources of the department and the city, mutual aid and/or civil defense assistance shall be requested. Mutual Aid can only be authorized by the Mayor.
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Evacuation. A decision shall be made whether to evacuate the area, and if required, to what extent.
DE-ESCALATION PROCEDURES 23. Traffic patterns should be established and controlled around the disaster site through the use of street barricades and/or personnel manually directing traffic. Crowd control of the site perimeters may be maintained by establishing artificial barriers, and/or using natural barriers around the disaster site. This action may help to prevent on lookers from entering the area for their own safety, and for the effectiveness of rescue operations. Patrols should be established in the area in an attempt to prevent looting, and/or criminal acts. Body recovery and identification shall be carried out pursuant to Order # 3.305., entitled Preliminary Investigation and Identification of Disaster Victims.
24.
25. 24.
POST OCCURRENCE DUTIES 27. Post occurrence duties shall include, but are limited to; the continuance or security patrols in the affected area; and maintaining traffic control and security checkpoints.
AFTER ACTION REPORTS (MV-93) 28. In an attempt to plan for future Unusual Occurrences, an After Action Report shall be prepared by the highest-ranking police at the scene. After action Reports shall contain the following information: A. B. C. Date and time the occurrence was initially reported; Date and time the field Command Post was established; A description of the Field Command Post, to include; the location; personnel assigned; the communication capabilities utilized; and notification made; The significant adverse events encountered, and the corrective or reactive actions employed, to include: the location that personnel and equipment were deployed, in an attempt to determine control points; life saving efforts; evacuation and/or relocation efforts; restoration of utilities; total casualty figures; property damage by location; an estimate total cost of support operations; and Lessons learned, and recommendations for future commitments.
D.
E.
CIVIL DISTURBANCES 29. Local State of Emergency. In part, Article 2B, Section 24 of the Executive Law states, Notwithstanding any inconsistent provision of law, general or special, in the event of a disaster, rioting, catastrophe, or similar public emergency within the territorial limits of the city, or in the event of reasonable apprehension of immediate danger thereof and upon a finding by the Chief Executive thereof that the public safety is imperiled thereby, such Chief executive may proclaim a local state of emergency within any part or all of the territorial limits of the city. Upon declaring a state of emergency, the Chief Executive may promulgate local emergency orders to protect life and property or to bring the emergency situation under control. Such orders may provide: A. The establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel;
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The designation of specific zones within which occupancy and use of buildings and the ingress and egrees of vehicles and persons may be prohibited or regulates; The regulation and closing of places of amusement and assembly; The suspension or limitation of the sale, dispensing, use or transportation of alcoholic beverages, firearms, explosives, and flammable materials and liquids; The prohibition and control of the presence of persons on public streets and places; and Requesting, through the office of the Westchester County Executive, assistance from the militia.
C. D.
E. F.
MARTIAL RULE 30. Article 1, Section 6 of the Military Law states, The governor shall have the power, in case of invasions, disaster, insurrection, riot, breach of peace, or imminent danger thereof, to order into the active service of the state for such period, to such extent and in such manner as he may deem necessary all or any part of the organized militia. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States army, navy, or air force commander in charge of the defense of any area within the state which is invaded or attacked or may be threatened with invasion or attack.
PROCESSING MASS ARRESTS 31. Members should refer to Chapter 3 Arrests and Chapter 4 Prisoners in the Operational Procedures section of the Department Manual. Alternatives to mass arrests should be actively sought by the ranking officer at the scene of an unusual occurrence. However, in the event the situation dictates, and mass arrests must be conducted, provisions shall be made for the following: A. B. The primary arrest processing site shall be police headquarters. Processing (including booking) is the responsibility of the arresting officer. Arrested persons shall be processed in accordance with Order 3.040 entitled, Arrest Procedure and 3.047 entitled Multiple Arrests. Transporting prisoners in mass arrests situations can be accomplished by using school buses which will be made available to our department by the Mt. Vernon Board of Education, Transportation Department. Personnel should refer to the phone listing in the emergency telephone log maintained by the desk officer. Police officers shall drive the buses. Prior to transporting, every prisoner shall be searched for weapons and contraband and handcuffed by the arresting officer (flex-cuffs). Contraband and illegal weapons or concealed firearms shall be processed. If possible, prior to transporting the prisoner a Polaroid photograph should be taken of the prisoner and arresting officer together. This photo is in addition to the mug shot. Arresting officers should be prepared to provide adequately for the safety and security of the prisoners. If the transport is being effected in a patrol car, members shall be governed by existing procedures. If the transport is being made via school bus, at least two (2) police officer, in addition to the police officer bus driver be assigned. If available, a police officer should follow the bus in a patrol car.
32.
C.
D.
E.
PROCEDURE NO. 3.308 F.
PAGE 9 OF 9
Detention of prisoners can be accomplished by: placing three (3) or four (4) detainees in each cell and detention cell; additional detainees can be placed in the secure booking area, the bull pen area outside the cells, the holding area outside the court rooms. Juvenile Offenders that require detention shall not be held in an area occupied by adult detainees. Members should refer to Department Manual 3.061 Juvenile Lockups. Youth Unit Detectives or a Detective Supervisor will be contacted immediately upon realization that a juvenile is being arrested. Every effort should be made to provide the detainee an opportunity to have a confidential conversation with counsel. This can be accomplished at headquarters utilizing the conferral area in the cell block. Evidence collection and preservation is the responsibility of the officer in charge of the scene or his designee and shall be governed by existing procedures.
G.
H.
I.
Procedure No. 3.320
ACCUSATORY INSTRUMENTS
SUBJECT:
PURPOSE: Document procedures for the filing of accusatory instruments. DEFINITIONS: MISDEMEANOR COMPLAINT: A Misdemeanor Complaint is based on information and belief. Example: A police officer who is investigating an assault which he did not witness, determines that one (1) of the parties is criminally responsible for the assault. Since the officer did not witness the offense being committed, the charge is based on information that the officer acquired during his investigation and on the officers belief that the defendant is the person who committed the offense; the basis for the charge is information and belief. Hence, a Misdemeanor Complaint shall be prepared and signed by the officer, presuming victim is not available.
INFORMATION: An Information is based on direct knowledge. Example: A police officer observes a person driving a motor vehicle while intoxicated. Since the arrest is based on the officers direct knowledge that all of the elements of the offense were committed in the officers presence, an information shall be prepared.
FELONY COMPLAINT: A Felony Complaint is prepared whenever a felony is alleged whether or not the charge is based on direct knowledge or not the charge is based on direct knowledge or information and belief. Whenever a Felony Complaint is prepared, only the most serious charge shall be noted in the accusatory instrument. Example: While an officer is arresting a person for burglary, the defendant resists arrest. Only the burglary charge is made on the felony complaint. This does not change the practice of making the other charges in the arrest blotter. PROCEDURES: 1. Officers making an arrest must report to the District Attorneys Office on Monday, Tuesday, Wednesday, Thursday and Friday mornings for interviews prior to District Attorneys filing of an accusatory instrument. Arrests made after the Court is closed on the weekends, Friday, Saturday and Sunday, an accusatory instrument shall be completed by the arresting officer. The officer will still have to report to the District Attorneys office on Monday morning to review the accusatory instruments. Arrests made after court is closed on a day before a legal holiday, an accusatory instrument will be filed and the officer will report to the District Attorneys office on the next date court is in session.
2.
PAGE 2 OF 3
Arresting officer will prepare the appropriate accusatory instrument specifically a Misdemeanor Complaint, Felony Complaint or an Information.
ARRESTING OFFICER: 4. Shall make themselves familiar with the provisions of Section 100.15 of the Criminal Procedure Law, which pertains to the form and content of accusatory instruments. When an arrest is made, officer shall prepare the appropriate accusatory instrument. The accusatory instrument may be handwritten, but it must be legible.
ACCUSATORY FORM EXPLANATION: 5. Attached hereto is a blank accusatory instrument, which has been numbered from 1 through 19. Following is a list of what is to go in each box: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) Type of accusatory instrument(Information, Misdemeanor Complaint, Felony Complaint) Name, address, date of birth, sex and race of defendant. Name of complaint. (Police Officer or civilian) Mount Vernon (If complaint is a police officer) Address of complaint. (If complaint is civilian) Exact address where the offense was committed. The word City goes in this space. The word Mount Vernon goes in this space. Date of the offense Month of the offense Year of the offense. Time in oclock, not hours, when the offense was committed. AM or PM The charges and sections that the defendant is charged with. Accusatory part. Factual part Police Department Investigation should be typed in this space. The date of the filing of the accusatory instrument. The signature of the complaint.
Every accusatory instrument must contain an accusatory part and a factual part. The accusatory part is a restatement of the law that the defendant is alleged to have violated. Example: The defendant did knowingly enter unlawfully a building with intent to commit a crime therein taken from Section 140.20 of the Penal Law. The factual part should be a brief synopsis of the defendants unlawful conduct. Which led to his arrest. Example: At the above date, time and place, the defendant did break a window at 28 Whatnot street, enter the building and attempt to steal a radio from within CIVILIAN COMPLAINT: 6. In the event an arrest is made by a civilian, the arresting officer shall be responsible for the preparation of the appropriate accusatory instrument. However, the civilian complainant shall sign this document and advised to appear in District Attorneys office on the next date that court is in session.
PROCEDURE NO. 3.320 DESK OFFICER: 7.
PAGE 3 OF 3
The Desk Officer must insure that all necessary information on the accusatory instrument is completed accurately. If there are any questions, and the Desk officer is not a Superior Officer, they shall seek the advice of the Patrol Supervisor. After the accusatory instrument has been completed, it shall be held at the Desk until the next Court date, at which time the Court Security Officer will pick-up same and deliver to Court. A guideline accusatory instrument model book has been prepared by the Districts Attorneys Office to guide the police officer in completing the accusatory instrument. This book will be kept at the Main Desk.
Procedure No. 3.321
SUBPOENAS, SUMMONS AND LEGAL DOCUMENTS

SUBJECT:
SUBPOENAS, SUMMONS AND LEGAL DOCUMENTS
PURPOSE: To establish a policy for the receiving, documenting and service of subpoenas, summonses and other legal papers which require proof of service. PROCEDURE: 1. Effective immediately, this Department will accept all of the following legal processes for service upon the department, its members, (Police or Civilian), or for those required by law upon City residents and other civilians. NOTE:Only employment related documents will be accepted for Department Personnel. A. B. C. D. E. F. G. City, County, State or Federal summonses; District Attorneys Office subpoenas; Westchester County attorneys office subpoenas processes; Westchester County Family Court subpoenas, summonses, and processes; State or Federal Civil Court subpoenas, lawsuits, and legal processes addressed to the department; State or Federal Civil Court, subpoenas, lawsuits and legal processes addressed to members (job related); State Attorney Generals Office subpoenas.
COMPLAINT CLERK: 2. Shall receive all the described summonses, subpoenas and legal processes, that arrive at Headquarters for service. The Complaint Clerk, upon receipt of such documents, will time stamp and enter them into the proper log books; A. B. C. D. 3. MV-38-Subpoena Book MV-13- Summons Book MV-37-Family Court Book MV-13-Legal Processes
Some legal documents may be accompanied by cash or check for travel expenses. The amount and form of payment will be logged in the appropriate log book.
DEPARTMENT SERVICE PROCEDURES: 4. After the necessary entries are completed, all subpoenas, summonses and legal papers will be maintained at the Main Desk under the supervision of the Desk Officer;
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The Complaint Clerk and/or Desk Clerk working the 1600-2400 tour will deliver the civilians subpoenas, summonses, and legal processes to the 1600-2400 tour Desk Officer in time for distribution to the outgoing platoon until served or disposed of as described; The Desk Officer will ensure that all subpoena, summonses, and legal processes, whether served or not be returned to the Main Desk no later than 2200 hours. Documents addressed to other Divisions and Squad personnel will be forwarded to their Commanding officers or designees and it will be his/her responsibility to serve his/her subordinates; When such documents cannot be forwarded, they shall be retained by the Complaint Clerk/Desk Clerk until delivery to a competent person can be made. However, the log books must indicate the time, date and person to whom the documents were turned over to for service.
6.
7.
8.
CIVILIAN SERVICE PROCEDURE: 9. Members assigned subpoenas, summonses and processes for service will make a diligent effort to serve such documents. When such service is made, the proof of service copy will be filled out and signed by the officer making the service and turned over to the Desk Officer who will return them to the Complaint Clerk to be logged in the proper log book; Members who have been assigned documents to serve and are unable to make service during his/her tour, will complete the attached CCU-14 Form stating the reasons, to the Desk Officer. All documents must be served personally to whom they are addressed. Officers will not leave subpoenas with relatives, secretaries, clerks, etc.
10.
11.
RETURN PROCEDURE: 12. The Desk Officer, upon receipt of completed proof of service copies, will inspect them for accuracy and completeness. He/she will do so as a Notary, Commissioner of Deeds, or if not qualified as such, as Desk Officer, Mount Vernon Police Department. The Complaint Clerk will then be directed to enter the service date and the officers name who made the service in the appropriate log book; The completed document will then be sent to the issuing authority by the Complaint Clerk; Complaint Clerks receiving documents for return with an CCU-14 attached indicating the person named thereon is unknown, no such address, on vacation, or any other reason for non-service, will enter the reason in the corresponding log book. He will then attach a CCU-15 to the document and return it to the issuing authority; NOTE: Commanding Officers of Divisions, Unit and Squads when documents cannot be served on a Police Officer assigned to their command will notify the issuing authority, via telephone, as soon as possible after receipt of such document. 16. In all cases, whether served or not, the documents will be returned to the issuing authority no later than their return date.
13.
14. 15.
Procedure No. 3.322
VIOLATION OF CITY ORDINANCE

SUBJECT
VIOLATION OF CITY ORDINANCE
PROCEDURE: MEMBERS: 1. Shall issue a Violation of City Ordinance (VCO) summonses as follows: A. B. Shall serve the original copy (white) on the defendant. The second copy (yellow) marked Court Copy will be turned over to the Desk Officer along with the proper accusatory instrument. The third copy (green) shall remain in the book and returned to Support Services Division when the entire book is completed.
C.
2.
The officers issuing these summonses shall make notes pertaining to the violation on the back of the green copy, to assist them in court testimony. When issuing VCO Summons, members are to ensure that the factual section of the accusatory instrument fully supports the accusatory section. Be specific describing the violation. i.e. a summons issued for performing car repairs on the street must state in the factual section of the accusatory instrument, what type of repair is being performed and that it was not of an emergency nature, charging oil, brakes, muffler etc.)
3.
4.
There is no legal requirement that the complaint be a police officer but is preferable. In cases where a complaint is accepted on Information and Belief the issuing officer must have grounds to believe that: A. B. The offense was committed and; Committed to the defendant to whom the summons is issued.
In all such cases of Information and Belief, the officer will obtain the complainants signature on both the summons and the third party information. When the civilian complainant signs the VCO summons and the third party information members shall inform the complainant that they will have to appear in court if the summons goes to trial.
PROCEDURE 3.322 DESK OFFICER: 5.
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Desk Officer will review for clarity and completeness then time stamp and sign the rear of the V.C.O. summonses. Forward same along with the accusatory instrument to the Support Services Division.
SUPPORT SERVICES DIVISION: 6. Assure expeditious delivery of V.C.O information and summonses to City Court Office by Support Services Division personnel.
Procedure No. 3.323
FREEDOM OF INFORMATION LAW REQUESTS

Page 1 OF 1 Revised
SUBJECT:
FREEDOM OF INFORMATION LAW REQUESTS
PURPOSE:
To ensure compliance with the New York State Freedom of Information Law, by the Members of the Mount Vernon Police Department.
POLICY:
Every effort will be made to comply with all legitimate requests for access to Department records, or to deny such access, when necessary, in accordance with the Freedom of Information Law.
PROCEDURE:
1. Pursuant to the provisions of the Public Officers Law, Section 84, et seq., (Freedom of Information Law) the Law Department of the City of Mount Vernon will process all Freedom of Information Law requests. In accordance with this procedure the following person(s) are authorized to handle such requests: A. B. Assistance Corporation Counsel Records Access Officer Corporation Counsel Appeals Officer.
2.
All Freedom of Information request submitted to this Department will be forwarded to the Law Department for processing.
Procedure No. 3.324
RETENTION OF LEGAL EVIDENCE-CIVIL MATTERS, CITY INVOLVED

Page 1 OF 1 Revised
SUBJECT: RETENTION OF LEGAL EVIDENCE-CIVIL MATTERS, CITY INVOLVED

PURPOSE: To protect legal evidence from destruction after criminal matter is adjudicated, when there has been notice of claim, civil summons and/or complaint filed with regard to it. PROCEDURE: 1. Whenever such process is served upon the Department and/or member, the Chiefs Office shall be notified immediately and said process delivered to same. The Chief or his designee shall dispatch a memo to the Commanding Officer, Support Services Division/Property Clerk, directing the retention of any evidence being held with regard to the criminal matter. Upon receipt of such memo, the Commanding Officer, Support Services Division, shall report back to the Chiefs Office as to the existence of such evidence. This may be accomplished by acknowledging receipt of the memo by signing same and stating whether or not evidence exists in this matter. The Commanding officer, Support services Division, shall insure that the necessary entries are made in the records in order to preserve the materials. The Chief, or his designee, shall also upon receipt of due process, forward a copy of said process to the Corporation Counsel for necessary attention and direction.
2.
3.
4.
5.
Procedure No. 3.340
DAY BOOK ENTRIES

SUBJECT:
DAY BOOK ENTRIES
PURPOSE: To establish uniform procedures for making Day Book Entries. PROCEDURE: DESK OFFICER: When commencing a tour, shall comply with the following: 1. Enter on the first line, tour, date and members name. 2. Indicate, in the left margin, the time of all entries. 3. Chronologically enter all business of the department, including the following: Unusual occurrences, notifications, damage to Department property, shootings, accidents involving Department vehicles, sickness of or injury to Members of the Department, conditions that may endanger the health or safety of the public, or result in liability against the city, account for Department property under the care and control of the Desk Officer and any condition which, in the opinion of the Desk Officer, is of significant importance to warrant notation in the Day Book. 4. Sick and injury reports shall be indicated by placing the word sick or injured in red ink in the left margin, adjacent to the time entry. 5. No erasures shall be permitted. When information is incorrectly entered, an ink line shall be drawn through the incorrect entry, and the Desk Clerk shall initial same. When commencing a new page, all empty lines at the bottom of the preceding page shall be ruled out. No empty lines will be left between entries. (Exception- Upon completion of a tour, leave one (1) line to separate from following tour, rule out line that was skipped) Upon completion of a tour of duty, print name of relieving officer and sign name of relieved officer. All entries are to be legibly printed in black ink.
6.
7.
8. 9.
Procedure No. 3.341
DISPOSAL OF STOLEN PROPERTY

SUBJECT:
DISPOSAL OF STOLEN PROPERTY
PURPOSE: Compliance with Section 450.10 of the New York State Penal law (Disposal of Stolen Property) PROCEDURE: MEMBERS: 1. Following an arrest for Petit Larceny, in shoplifting cases ONLY, officers handling will NOT accept the recovered stolen property from the complainant, but will direct the complainant/victim to take Polaroid photographs of the recovered property. Recovered stolen property, from shoplifting cases will be photographed by the victim/complainant with brand names and prices showing, if possible, and an incident number visible in the photograph for reference purpose. Recovered stolen property from shoplifting cases will not be under the control of a Member of the Department, but rather will be in the possession of the complainant/victim who, following the photographing, will be directed to return such property to the store inventory. The Polaroid photos will be attached to the incident report (as evidence of the crime) and (all evidence procedures will be followed) will forwarded to the Support Services Division. Recovered stolen property from any incident other than shoplifting will be maintained by this Department as evidence, just as in the past. Reporting officers handling any cases involving recovery of any stolen property will list the item, description and cost of the recovered property carefully in the incident report D.A. Crime Report. This will enable the District Attorney to put the defendant or counsel on notice to view said property within a thirty (30) day period.
2.
3.
4.
5.
6.
DESK OFFICER: 7. Will insure proper photographing of recovered items in shoplifting cases and continuous control of these items by the complainant. Will carefully inspect incident reports for completeness and forward same, with Polaroid photos, to Support Services Division. Will be responsible for security of the Polaroid and its proper operations. An instruction booklet is included with the camera kit.
8.
9.
Procedure No. 3.342
HAZARDOUS HIGHWAY CONDITIONS

Page 1 OF 1 Revised
SUBJECT:
HAZARDOUS HIGHWAY CONDITIONS
PURPOSE: To establish notification procedure to correct potential hazards on the highways. POLICY: Road hazards are conditions on the highways, which may jeopardize the safety of the public or may cause confusion or inconvenience to the public. All Members of the Department shall be responsible to report any such hazards to the proper authority and take the necessary action to ensure that the condition is corrected. 1. All Members of the Department shall immediately report to the dispatcher any and all of the following conditions: A. B. C. D. E. F. G. H. I. J. K. 2. traffic control devices not operating properly; traffic control signs down, missing, or damaged; hazardous ruts or holes in the roadway; debris or dead animals in the roadway; electrical or cable wires down; any breaks or leaks in gas, water, or other utility mains; snow or ice on roadway; construction sites that are not properly barricaded or lit, etc; disabled or abandoned vehicles in roadway; fire hazards; any other hazardous conditions.
In addition to reporting the condition to the dispatcher, the member shall attempt corrective measures, (i.e. traffic control). Members shall make an official memorandum book entry, indicating the nature of the condition and the action taken. Members assigned to communications shall make notification to the appropriate agency/authority and shall advise the Desk Officer of the condition and the action taken. Notification efforts shall continue and if applicable, be turned over to the following tour for follow-up until notification is made. The Desk Officer shall make an entry in the day Book recording: A. The time and date of notification, the condition, the agency notified, the name and title of the person notified and action taken.
3.
4.
5.
CHAPTER 1
FORCE / JUSTIFICATION
CHAPTER 10
JUVENILE / FAMILY
CHAPTER 11
NYSPIN PROCEDURES
CHAPTER 12
MUTUAL AIDE / EMERGENCY MOBILIZATION
CHAPTER 13
HEADQUARTERS SECURITY
CHAPTER 15
MISCELLANEOUS DEPARTMENT EQUIPMENT
CHAPTER 16
MAJOR INCIDENTS
CHAPTER 17
LEGAL PROCESS
CHAPTER 18
MISCELLANEOUS
CHAPTER 2
SPECIAL WEAPONS
CHAPTER 3
ARREST
CHAPTER 4
PRISONERS
CHAPTER 5
CHAPTER 6
VEHICLE OPERATION
CHAPTER 7
ENFORCEMENT PROGRAMS
CHAPTER 8
AIDED PROCEDURES
CHAPTER 9
DEPARTMENT VEHICLES MISCELLANEOUS
Operational Procedures Index

A
ACCIDENTS City Involved Commercial Carrier Investigation Involving Members Motor Vehicle Vehicle Inspections ACCUSATORY INSTRUMENTS AIDED CASES AIDS KITS ANIMAL SHELTER Euthanasia Procedure APPEARANCE TICKET ARREST Confiscation of Drug Money Drug Seizures DWI Foreign Nationals Law Enforcement Officers Multiple Arrests Pre-Arraignment Bail Search of Persons Animal Cruelty Investigations Proc. 3.085 Proc. 3.307 Proc. 3.081 Proc. 3.084 Proc. 3.808 Proc. 3.083 Proc. 3.320 Proc. 3.140 Proc. 3.160 Proc. 3.285 Proc. 3.050 Proc. 3.040 Proc. 3.048 Proc. 3.049 Proc. 3.043 Proc. 3.041 Proc. 3.042 Proc. 3.047 Proc. 3.050 Proc. 3.045 Proc. 3.053
E
EMERGENCY MOBILIZATION ESU VEHICLES EMOTIONALLY DIST. PERS. ENHANCED E-911 EQUIPMENT IN RMPs EVIDENCE RETENTION Proc. 3.220 Proc. 3.166 Proc. 3.141 Proc. 3.212 Proc. 3.162 Proc. 3.324
F
FIREARMS Discharge / Assault Form Loading Stations Shotguns FLAT TIRES F.O.I.L. REQUESTS Proc. 3.003 Proc. 3.281 Proc. 3.023 Proc. 3.161 Proc. 3.323
H
HAZARDOUS HIGHWAY COND.
HAZARDOUS MATERIALS HEADQUARTERS SECURITY HOSTAGE / BARRICADE HOSTILE GROUPS
Proc. 3.342 Proc. 3.302 Proc. 3.240 Proc. 3.300 Proc. 3.303
B
BOMB THREATS / POST EXPLOSION Proc. 3.301
I
IMPOUNDED VEHICLES Booting Inventory Searches Proc. 3.068 Proc. 3.044 Proc. 3.181 Proc. 3.144 Proc. 3.304 Proc. 3.125 Proc. 3.123 Proc. 3.146 Proc. 3.260 Proc. 3.261 Proc. 3.262
C
CELL BLOCK VIDEO RECORDER CHEMICAL TEST (DWI) CHILD ABUSE / NEGLECT COMMUNICABLE DISEASES CONSUMER PRODUCT TAMPERING CRIME PREVENTION CRIME STOPPERS CRIME VICTIMS COMPENSATION
______________________________________
J
JUVENILLE PROCEDURES Proc. 3.184
_______________________________________
D
DAY BOOK ENTRIES DATAMASTER DEPARTMENT VEHICLES Dispatching Control / Maintenance DISASTER VICTIMS INVEST & I.D. DISPOSAL OF STOLEN PROPERTY DOMESTIC VIOLENCE Proc. 3.340 Proc. 3.282.1 Proc. 3.100 Proc. 3.165 Proc. 3.305 Proc. 3.341 Proc. 3.182
L
LIFELESS BODIES LOJACK TRACKING Proc. 3.142 Proc. 3.127
_______________________________________
S M
SUBPOENAS / SUMMONS MINORS, SAFEGUARDING MISSING PERSONS MOST WANTED LIST MOTOR VEHICLE ACCIDENTS MUTUAL AIDE Proc. 3.180 Proc. 3.145 Proc. 3.120 Proc. 3.080 Proc. 3.221 Proc. 3.321
T
TELETYPE PROCEDURES Arrest Entries Article Entries Criminal History Checks Criminal History Records Gun Entries Impounded Vehicles Keyboard Disp. Term. Lost / Stolen Plates Stolen Vehicles / City Stolen Veh. / Other Juris. Stolen Vehicles / Recovd Teletype Security Proc. 3.201 Proc. 3.202 Proc. 3.203 Proc. 3.204 Proc. 3.205 Proc. 3.210 Proc. 3.211 Proc. 3.206 Proc. 3.207 Proc. 3.208 Proc. 3.209 Proc. 3.200
___________________________________________
N
NON-DEADLY FORCE NOTIFICATION NEXT OF KIN Proc. 3.002 Proc. 3.143
O
OPERATION C.A.T. OPERATION ROADBLOCK OPERATION S.N.A.R.E. Proc. 3.121 Proc. 3.122 Proc. 3.124
U
UNUSUAL OCCURENCES V Proc. 3.308
P
PATROL DIVISION 35mm Cameras PATROL VEHICLES Inspection of Damage log PHYSICAL FORCE PRISONER Escape F.O.A. Handcuffing Hospitalized Juvenile Lockups Meals Medical Attention Personal Property Suicide Screening PURSUIT Proc. 3.284 Proc. 3.163 Proc. 3.164 Proc. 3.001 Proc. 3.066 Proc. 3.060 Proc. 3.046 Proc. 3.065 Proc. 3.061 Proc. 3.063 Proc. 3.064 Proc. 3.062 Proc. 3.067 Proc. 3.102
VEHICLE SAFETY ROAD CHECKS Proc. 3.126 VCO SUMMONSES Proc. 3.322 V&T VIOLATORS TYPES Proc. 3.052 VEHICLE STOPS Proc. 3.103 W WRITTEN NOTICES TO VICTIMS / FAMILY COURT Proc. 3.183
R
RADAR EQUIPMENT RESPONDING TO CALLS Proc. 3.283 Proc. 3.101
CHAPTER 1 FORCE / JUSTIFICATION

PHYSICAL / DEADLY PHYSICAL FORCE NON- DEADLY FORCE FIREARMS DISCHARGE/ASSAULT FORM
PROC. 3.001 PROC. 3.002 PROC. 3.003
CHAPTER 2 SPECIAL WEAPONS

SHOT GUN PROCEDURE KINETIC ENERGY FLASH/SOUND DIVERSIONARY DEVICES ELECTRONIC STUN DEVICE/TASER FRANGIBLE BREACHING ROUNDS OLEORESIN CAPSICUM (OC) CHEMICAL AGENTS (OTHER THEN OC)
PROC. 3.020 PROC. 3.023 PROC. 3.024 PROC. 3.025 PROC. 3.026 PROC. 3.027 PROC. 3.028
CHAPTER 3 ARREST
ARREST PROCEDURE ARREST OF FOREIGN NATIONALS ARREST OF LAW ENFORCEMENT OFFICERS ARREST / DWI COMPULSORY CHEMICAL TEST (DWI) SEARCH OF ARRESTED PERSONS HANDCUFFING PRISONERS PHOTOGRAPHS, MULTIPLE ARRESTS CONFISCATION OF FELONY DRUG MONEY DRUG RELATED SEIZURES AND FORFEITURES PRE-ARRAIGNMENT BAIL EVIDENCE LOCKERS / CLOSET
TYPES OF V&T VIOLATORS ANIMAL CRUELTY INVESTIGATIONS PROC. 3.040 PROC. 3.041 PROC. 3.042 PROC. 3.043 PROC. 3.044 PROC. 3.045 PROC. 3.046 PROC. 3.047 PROC. 3.048 PROC. 3.049 PROC. 3.050 PROC. 3.051 PROC. 3.052 PROC. 3.053
CHAPTER 4 PRISONERS
PRISONERS F.O.A. JUVENILE LOCKUPS PRISONERS PERSONAL PROPERTY PRISONERS MEAL PRISONERS MEDICAL ATTENTION PRISONERS HOSPITALIZED PRISONERS ESCAPING DURING TRANSIT PRISONER SUICIDE PREVENTION SCREENING CELL BLOCK VIDEO CASSETTE RECORDER
PROC. 3.060 PROC. 3.061 PROC. 3.062 PROC. 3.063 PROC. 3.064 PROC. 3.065 PROC. 3.066 PROC. 3.067 PROC. 3.068
CHAPTER 5 MOTOR VEHICLE ACCIDENTS

MOTOR VEHICLE ACCIDENTS ACCIDENT INVESTIGATION INSPECTION OF VEHICLES ACCIDENTS INVOLVING MEMBERS ACCIDENTS AND INCIDENTS CITY INVOLVED
PROC. 3.080 PROC. 3.081 PROC. 3.083 PROC. 3.084 PROC. 3.085
CHAPTER 6 VEHICLE OPERATION

DISPATCHING DEPARTMENT VEHICLES RESPONDING TO CALLS FRESH PURSUIT PROCEDURES
PROC. 3.100 PROC. 3.101 PROC. 3.102
CHAPTER 7 ENFORCEMENT PROGRAMS

TWELVE (12) MOST WANTED LIST OPERATION C.A.T. OPERATION ROAD BLOCK MOUNT VERNON CRIME STOPPERS OPERATION S.N.A.R.E.
CHAPTER 8 AIDED PROCEDURES

AIDED CASES EMOTIONALLY DISTURBED PERSONS LIFELESS BODIES NOTIFICATION NEXT OF KIN COMMUNICABLE DISEASES MISSING PERSONS
PROC. 3.140 PROC. 3.141 PROC. 3.142 PROC. 3.143 PROC. 3.144 PROC. 3.145
CHAPTER 9 DEPT. VEHICLES MISC.

A.I.D.S . KITS FLAT TIRES EQUIPMENT ASSIGNED TO RMPs DAILY INSPECTION OF PATROL VEHICLES RMP DAMAGE LOG CONTROL / MAINT. OF DEPARTMENT VEHICLE EMERGENCY SERVICE VEHICLE
CHAPTER 10 JUVENILE / FAMILY

SAFEGUARDING OF MINORS CHILD ABUSE / NEGLECT DOMESTIC VIOLENCE FAMILY COURT ACT, WRITTEN NOTICE TO VICTIMS
PROCESSING JUVENILES POLAROID EVIDENCE OF DOMESTIC VIOLENCE INCIDENTS PROC. 3.180 PROC. 3.181 PROC. 3.182 PROC. 3.183 PROC. 3.184 PROC. 3.185
CHAPTER 11 NYSPIN PROCEDURES

TELETYPE PROCEDURES AND SECURITY ARREST ENTRIES INTO NYSPIN ARTICLES ENTRIES STOLEN / LOST / RECOVERED REQUESTS FOR CRIMINAL HISTORY CHECKS DCJS CRIMINAL HISTORY RECORDS ENTRY OF RECOVERED GUNS INTO NYSPIN LOST OR STOLEN LICENSE PLATES VEHICLES STOLEN WITHIN THE CITY STOLEN VEHICLE ORIGINATING
PROC. 3.200 PROC. 3.201 PROC. 3.202 PROC. 3.203 PROC. 3.204 PROC. 3.205 PROC. 3.206 PROC. 3.207
OTHER JURISICTIONS RECOVERED STOLEN VEHICLES IMPOUND VEHICLES, NYSPIN PROCEDURE KEYBOARD DISPLAY TERMINALS
PROC. 3.208 PROC. 3.209 PROC. 3.210 PROC. 3.211
CHAPTER 12 MUTUAL AIDE / EMERGENCY MOBILIZATION,

EMERGENCY MOBILIZATION MUTUAL AID
PROC. 3.220 PROC. 3.221
CHAPTER 13 HEADQUARTERS SECURITY

PROC. 3.240
CHAPTER 14 IMPOUND VEHICLES

IMPOUND VEHICLES BOOTING I IMPOUND VEHICLES INVENTORY SEARCHES OF IMPOUND VEHICLE
PROC. 3.260 PROC. 3.261 PROC. 3.262
CHAPTER 15 MISCELLANEOUS DEPARTMENT EQUIPMENT

COURT OFFICERS GUN SAFE LOADING / UNLOADING STATION DEPARTMETN DATAMASTER RADAR EQUIPMENT PATROL DIVISION 36MM CAMERAS ANIMAL SHELTER EUTHANASIA PROCEDURE
PROC. 3.280 PROC. 3.281 PROC. 3.282.1 PROC. 3.283 PROC. 3.284 PROC. 3.285
CHAPTER 16 MAJOR INCIDENTS

HOSTAGE / BARRICADE SITUATION BOMB THREATS AND POST EXPLOSION SCENES HAZARDOUS MATERIALS LARGE HOSTILE GROUPS CONSUMER PRODUCT TAMPERING
CHAPTER 17 LEGAL PROCESS

PROC.3.320
SUBPOENAS, SUMMONSES & LEGAL DOCUMENTS VCO SUMMONSES
PROC.3.321 PROC.3.322
CHAPTER 18 MISCELLANEOUS
DAY BOOK ENTRIES DISPOSAL OF STOLEN PROPERTY
PROC.3.340 PROC. 3.341
CHAPTER 1 FORCE / JUSTIFICATION

PHYSICAL / DEADLY PHYSICAL FORCE NON- DEADLY FORCE FIREARMS DISCHARGE/ASSAULT FORM
PROC. 3.001 PROC. 3.002 PROC. 3.003
CHAPTER 2 SPECIAL WEAPONS

SHOT GUN PROCEDURE KINETIC ENERGY FLASH/SOUND DIVERSIONARY DEVICES ELECTRONIC STUN DEVICE/TASER FRANGIBLE BREACHING ROUNDS OLEORESIN CAPSICUM (OC) CHEMICAL AGENTS (OTHER THEN OC)
CHAPTER 3 ARREST
ARREST PROCEDURE ARREST OF FOREIGN NATIONALS ARREST OF LAW ENFORCEMENT OFFICERS ARREST / DWI COMPULSORY CHEMICAL TEST (DWI) SEARCH OF ARRESTED PERSONS HANDCUFFING PRISONERS PHOTOGRAPHS, MULTIPLE ARRESTS CONFISCATION OF FELONY DRUG MONEY DRUG RELATED SEIZURES AND FORFEITURES PRE-ARRAIGNMENT BAIL EVIDENCE LOCKERS / CLOSET
PROC. 3.040 PROC. 3.041 PROC. 3.042 PROC. 3.043 PROC. 3.044 PROC. 3.045 PROC. 3.046 PROC. 3.047 PROC. 3.048 PROC. 3.049 PROC. 3.050 PROC. 3.051
CHAPTER 4 PRISONERS
PRISONERS F.O.A. JUVENILE LOCKUPS PRISONERS PERSONAL PROPERTY PRISONERS MEAL PRISONERS MEDICAL ATTENTION PRISONERS HOSPITALIZED PRISONERS ESCAPING DURING TRANSIT PRISONER SUICIDE PREVENTION SCREENING CELL BLOCK VIDEO CASSETTE RECORDER
PROC. 3.060 PROC. 3.061 PROC. 3.062 PROC. 3.063 PROC. 3.064 PROC. 3.065 PROC. 3.066 PROC. 3.067 PROC. 3.068
CHAPTER 5 MOTOR VEHICLE ACCIDENTS

MOTOR VEHICLE ACCIDENTS ACCIDENT INVESTIGATION INSPECTION OF VEHICLES ACCIDENTS INVOLVING MEMBERS ACCIDENTS AND INCIDENTS CITY INVOLVED
CHAPTER 6 VEHICLE OPERATION

DISPATCHING DEPARTMENT VEHICLES RESPONDING TO CALLS FRESH PURSUIT PROCEDURES
PROC. 3.100 PROC. 3.101 PROC. 3.102
CHAPTER 7 ENFORCEMENT PROGRAMS

TWELVE (12) MOST WANTED LIST OPERATION C.A.T. OPERATION ROAD BLOCK MOUNT VERNON CRIME STOPPERS OPERATION S.N.A.R.E.
CHAPTER 8 AIDED PROCEDURES

AIDED CASES EMOTIONALLY DISTURBED PERSONS LIFELESS BODIES NOTIFICATION NEXT OF KIN COMMUNICABLE DISEASES MISSING PERSONS
CHAPTER 9 DEPT. VEHICLES MISC.

A.I.D.S . KITS FLAT TIRES EQUIPMENT ASSIGNED TO RMPs DAILY INSPECTION OF PATROL VEHICLES RMP DAMAGE LOG CONTROL / MAINT. OF DEPARTMENT VEHICLE EMERGENCY SERVICE VEHICLE
CHAPTER 10 JUVENILE / FAMILY

SAFEGUARDING OF MINORS CHILD ABUSE / NEGLECT DOMESTIC VIOLENCE FAMILY COURT ACT, WRITTEN NOTICE TO VICTIMS
PROC. 3.180 PROC. 3.181 PROC. 3.182 PROC. 3.183
CHAPTER 11 NYSPIN PROCEDURES

TELETYPE PROCEDURES AND SECURITY ARREST ENTRIES INTO NYSPIN ARTICLES ENTRIES STOLEN / LOST / RECOVERED REQUESTS FOR CRIMINAL HISTORY CHECKS DCJS CRIMINAL HISTORY RECORDS ENTRY OF RECOVERED GUNS INTO NYSPIN LOST OR STOLEN LICENSE PLATES VEHICLES STOLEN WITHIN THE CITY STOLEN VEHICLE ORIGINATING OTHER JURISICTIONS RECOVERED STOLEN VEHICLES IMPOUND VEHICLES, NYSPIN PROCEDURE KEYBOARD DISPLAY TERMINALS
PROC. 3.200 PROC. 3.201 PROC. 3.202 PROC. 3.203 PROC. 3.204 PROC. 3.205 PROC. 3.206 PROC. 3.207 PROC. 3.208 PROC. 3.209 PROC. 3.210 PROC. 3.211
CHAPTER 12 MUTUAL AIDE / EMERGENCY MOBILIZATION,

EMERGENCY MOBILIZATION MUTUAL AID
PROC. 3.220 PROC. 3.221
CHAPTER 13 HEADQUARTERS SECURITY

PROC. 3.240
CHAPTER 14 IMPOUND VEHICLES

IMPOUND VEHICLES BOOTING I IMPOUND VEHICLES INVENTORY SEARCHES OF IMPOUND VEHICLE
PROC. 3.260 PROC. 3.261 PROC. 3.262
CHAPTER 15 MISCELLANEOUS DEPARTMENT EQUIPMENT

COURT OFFICERS GUN SAFE LOADING / UNLOADING STATION WEEKLY CALIBRATION OF INTOXILYZER RADAR EQUIPMENT PATROL DIVISION 36MM CAMERAS ANIMAL SHELTER EUTHANASIA PROCEDURE
CHAPTER 16 MAJOR INCIDENTS

HOSTAGE / BARRICADE SITUATION BOMB THREATS AND POST EXPLOSION SCENES HAZARDOUS MATERIALS LARGE HOSTILE GROUPS CONSUMER PRODUCT TAMPERING
CHAPTER 17 LEGAL PROCESS

ACCUSATORY INSTRUMENTS SUBPOENAS, SUMMONSES & LEGAL DOCUMENTS VCO SUMMONSES
PROC.3.320 PROC.3.321 PROC.3.322
CHAPTER 18 MISCELLANEOUS
DAY BOOK ENTRIES DISPOSAL OF STOLEN PROPERTY
PROC.3.340 PROC. 3.341
TABLE OF CONTENTS
Code of Conduct Index

A
See also, action to be taken Section 2.82 sees alsoobedience,
ACTION TO BE TAKEN See alsoduty, ARREST, ASSESSMENTS, See also. gifts, See also. rewards, ASSOCIATIONS, Section 2.82 Section 2.06 Section 2.77 Section 2.56 Section 2.60 Section 2.62 Section 2.32 status, to obey, to report information, tour of, Section 2.20 Section 2.09 Section 2.07 Section 2.19 Section 2.15
E
EQUIPMENT REQUIRED, uniforms, ETHICS, Section 2.45
BORROWING, See alsodebts,
Section 2.59 Section 2.58
F
FICTITIOUS REPORTS, Section 2.33 FIREARMS QUALIFICATION Section 2.90
G
CHANGE OF ADDRESS / TELEPHONE NUMBER, Section 2.67 See alsotelephone numbers, Section 2.94 CIVILITY, Section 2.29 CONDUCT, General, Section 2.28 Immoral, Section 2.02 Unbecoming, CONFORMANCE TO LAWS, COURT, Appearances, Demeanor, CRITICISM AND MALICIOUS GOSSIP, Section 2.01 Section 2.03 Section 2.71 Section 2.70 Section 2.37 GIFTS, accepting, see alsoassessment see alsorewards, GROOMING appearances, Section 2.60 Section 2.56 Section 2.62 Section 2.43 Section 2.44
H
HEADQUARTERS, Section 2.86
I
INFORMATION See alsopress releases see alsorecords, INSUBORDINATION, INTERVIEW, INTOXICANTS, possession of, Section 2.42 Section 2.40 Section 2.38 Section 2.08 Section 2.96 Section 2.34 Section 2.35
Testimony in civil case, Section 2.73
D
DEBTS, see also.borrowing, DEPARTMENT NOTICES, marking or altering, DRIVERS LICENSE, Section 2.58 Section 2.59 Section 2.39 Section 2.93
K
KNOWLEDGE OF THE CITY Section 2.30
L
LEAVE, LOYALTY, LEGISLATIVE RESTRICTIONS Section 2.80 Section 2.63
sees alsoinformation, Section 2.42 See alsopress releases, Section 2.40 REGULATIONS KNOWLEDGE OF, Section 2.01 RENDERING ASSISTANCE, Section 2.83 See alsoaction to be taken, Section 2.82 see alsoduty, Section 2.06 REWARDS, see alsogifts, See alsoassessments, Section 2.62 Section 2.60 Section 2.56
M
MILITARY SERVICE Section 2.98
N S
NATIONAL COLORS / ANTHEM, See alsosalutations; NEGLECT, NOT TO RECOMMEND, Disposition of cases, Attorneys, Service, Section 2.64 Section 2.65 Section 2.14 Section 2.69 Section 2.74 Section 2.75 SALUTATIONS, see alsonational colors and anthem, SENIORITY, SEPARATION FROM DEPT., SHIELD / I.D. CARD, lost, See also unauthorized items, Section 2.65 Section 2.64 Section 2.95 Section 2.81 Section 2.47 Section 2.48 Section 2.49
O
OBEDIENCE, Radio dispatcher, See also. duty to obey, ORDERS, Change of, Commanding officers, Conflict of, Effectiveness of, OUTSIDE EMPLOYMENT, Section 2.20 Section 2.21 Section 2.07 Section 2.22 Section 2.24 Section 2.25 Section 2.26 Section 2.23 Section 2.97 TELEPHONE NUMBERS, in residence, Release of, Section 2.40 Section 2.42 Section 2.38 Section 2.78 Section 2.79 Section 2.92 Section 2.31 Section 2.50 Section 2.89 Section 2.88 Section 2.51 Section 2.94 Section 2.66 SOLICITATION, SOLICITING, for promotion or change of duty, STATEMENTS OF LIABILITY, SUGGESTIONS, SUPPLIES, SEXUAL HARASSMENT POLICY Section 2.54 Section 2.53 Section 2.55 Section 2.41 Section 2.27 Section 2.87
T P
PRESS RELEASES, See alsoinformation See alsorecords PRISONERS Custody of, PRIVATE VEHICLES, PROHIBITED PLACES, PROPERTY, City, Department, Misappropriation of,
U
UNAUTHORIZED ITEMS, see alsoshield/I.D. card, Section 2.49 Section 2.47
UNSATISFACTORY PERFORMANCE, Section 2.04
W
WARRANTS, WEAPONS, WITHHOLDING EVIDENCE, Section 2.76 Section2.91 Section 2.72
R
RECORDS, Section 2.38
CODE OF CONDUCT
LEGISLATIVE RESTRICTIONS PLACED ON POLICE OFFICERS
Date Issued 1/4/93 Effective 1/18/93 History Page 1 OF 2 Revised
SUBJECT: LEGISLATIVE RESTRICTIONS PLACED ON POLICE OFFICERS
POLICY: It is the policy of this Department to inform officers of existing legislative restrictions relative to their employment as a Police Officer.
A.B.C. Law: Members shall not have any interest, either directly or indirectly, in the manufacture or sale of alcoholic beverages or to offer for sale, or recommend to any licensee, any alcoholic beverage. No member shall be employed in any retail licensed establishment where the consumption of alcoholic beverages is permitted on premises except when authorized by the ABC Board and Commissioner of Public Safety. NOTE: Employment in a licensed establishment for off premise consumption (deli, etc.) is not prohibited under this procedure.
NEW YORK STATE ELECTION LAW, Section 17-11Misdemeanors concerning members of any police force
Any person who being a Police Commissioner or any officer or member of any police force in this state. 1. Uses or threatens or attempts to use his official power or authority, in any manner, directly or indirectly in aid of or against any political party, organization, association, or society, or to control, affect, influence, reward or punish, the political adherence, affiliation, action, expression or opinion of any citizen; or Appoints, promotes, transfers, retires, or punishes an officer or member of a police force, or asks for aids in the promotion, transfer, retirement or punishment of an officer or member of a police force because of the party adherence or affiliation of such officer or member, or for or on the request, direct or indirect, of any political party, organization, association or society, or of any officer, member of a committee or representative official or otherwise of any political party, organization, association or society or; Solicits, collects, or receives any money for any political fund, club, association, society or committee, is guilty of a misdemeanor.
2.
3.
LEGISLATIVE RESTRICTIONS
PAGE 2 OF 2
RACING, WAGERING, AND BREEDING LAW

Members of the department shall not hold, directly or indirectly, any proprietary interest, stock, office, or employment with any firm, association or corporation which: 1. Is licensed by the Wagering and Breeding Board to conduct pari mutual racing.
2.
Conducts its occupation, trade or business at racetracks at which pari mutual race meets are conducted.
3.
Own or leases to any enfranchised or licensed association or corporation a racetrack at which para mutual racing is conducted. Participates in the management of any franchised holder or licensee conducting pari mutual racing.
4.
There are also several restrictions stated in the Public Officers Law, Article 4 and the General Municipal Law, Article 18. These sections impose restrictions on officers relative to the following: A. Officers are not allowed to accept any type of gift or service with a value exceeding $75.00, which may be inferred that it was accepted to influence the officers in the performance of his official duty. Officers are forbidden to disclose any confidential information learned in the course of their employment. Officers, due to a conflict of interest, are restricted relating to services they may provide to the employing government.
B.
C.
These sections of law also impose several affirmative duties: A. Officers must disclose any interest in any contract the City may enter. A. Officers must disclose any interest in any real property for which a variance is made.
As these sections of law are lengthy, it is the responsibility of the individual officer to become familiar with sections of these laws that may apply to their specific circumstances if conflicts of interest develop.
CODE OF CONDUCT
CODE OF CONDUCT
Date Issued 1/4/93 Effective 1/18/93 History 1974 R&R Page 1 OF 19 Revised 1/4/93
2.01
REGULATIONS- KNOWLEDGE OF A. Every Member of the Department shall have a copy of the Manual of Procedures and shall be familiar with the provisions therein. Members shall not commit any acts or omit any acts, which constitute a violation of any of the Rules, Regulations, Directives or Orders of the Department, whether stated in this Manual or elsewhere.
B.
2.01
UNBECOMING CONDUCT Members shall conduct themselves at all times, in such manner as to reflect most favorably on the Department. Conduct unbecoming a member shall include that which brings the Department into disrepute or reflects discredit upon the Member as a Member of the Department, or that which impairs the operation or efficiency of the Department.
2.02
IMMORAL CONDUCT Members shall not participate in any incident involving moral turpitude, which impairs their ability to perform as law enforcement Members, or causes the Department to be brought into disrepute.
2.03
CONFORMANCE TO LAWS A. Members shall obey all laws of the United States and for any state and local jurisdiction in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section.
B.
2.04
UNSATISFACTORY PERFORMANCE Members shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their position. Members shall perform their duties in a manner, which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced; unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the Members rank, grade or position; failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention; or absence without leave. In addition to their indications of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations or a written record of repeated infractions of Rules, Regulations, Directives or Orders of the Department.
CODE OF CONDUCT
PAGE 2 OF 19
2.06
DUTY It is the duty of every Member of the Department at all times to protect life and property, prevent crimes, detect and arrest offenders, preserve the public peace and enforce all laws and ordinances over which the Police Department has jurisdiction.
2.07
DUTY TO OBEY A. Members shall obey the lawful orders of their Superior Members. They shall perform all lawful duties required of them by their Superiors regardless of whether such duties are specifically assigned to them by the Department. Members shall not obey any order which they know, or should know, would require them to commit any illegal act. It shall be the duty of every Member of the force to know the identity of his Superior Members.
B.
C.
2.08
INSUBORDINATION Members and employees of the Department are prohibited from engaging in any disrespectful, mutinous, insolent or abusive language or action toward a Superior Member or other competent authority or ridiculing a Superior Member whether in or out of his presence.
2.09
DUTY STATUS A Member of the Department shall be fit for and subject to call at all times except when on sick leave, disability leave or vacation.
2.10
DUTY OUT OF RANK When assigned to perform the duties of another rank, a Member of the force shall be governed by the regulations and orders affecting that rank.
2.11
DUTY LIMITED TO POLICE WORK Members of the force shall not devote any of their on duty time to any activity other than that which relates to police work and shall not perform any police duty in uniform for the purpose of private gain, unless properly authorized. However, when a Member of the Department is suspended without pay, he/she may engage temporarily in another business or calling.
2.12
DUTY ATTENTION TO
Every Member of the force who has occasion to handle any complaint, assistance call, arrest or other duty, shall attend to such duty with a businesslike dispatch and courtesy and without any unnecessary loss of time. He shall furnish information or render
CODE OF CONDUCT
PAGE 3 OF 19
police aid to all persons with due courtesy whenever such request is consistent with his duty. 2.13 DUTY REPORTING FOR Members shall report for duty at the time and place required by assignment or orders and shall be physically and mentally fit to perform their duties. They shall be properly equipped and cognizant of information required for the proper performance of duty so that they may immediately assume their duties. Judicial subpoenas shall constitute an order to report for duty under this section. 2.14 DUTY NEGLECT OF Every Member of the Department shall properly perform their assigned duty. Failure to do so shall amount to malfeasance or non- malfeasance. A limited to but not all-inclusive definition of the above terms is as follows: 1. Malfeasance: Misconduct or wrong doing; especially, wrongdoing that is illegal or contrary to official obligations. 2. Misfeasance: The improper and unlawful execution of some act that in itself is lawful and proper. 3. Nonfeasance: Failure to perform some act that is either an official or a legal requirement. 2.15 DUTY TOUR OF A Member of the force shall perform the tours of duty prescribed by his Commanding Member. Current authorized duty charts shall have the force and effect of Department Regulations. 2.16 LEAVING DUTY POST A Member shall not leave their assigned duty posts during a tour of duty except when authorized by proper authority. 2.17 DUTY OFF A. B. Members at their option may elect to carry their firearm while off duty. Firearms being carried on or off duty must comply with Department Policy and Procedure. Members dressed in civilian clothes when wearing or carrying their firearm, holster, handcuffs, billy, or slapper shall ensure that they are concealed and inconspicuous to avoid attracting attention. Members, while off duty, shall have in their possession/control their police shield and identification card.
C.
D.
2.18 DUTY RESPONSIBILITY
CODE OF CONDUCT
PAGE 4 OF 19
Every Member of the Department shall be held responsible for the proper discharge of duties assigned to him and it shall be no excuse to offer that he followed the advise of others except that of a Superior Member. 2.19 DUTY TO REPORT INFORMATION A. It shall be the duty of every Member of the force to report to his Commanding Member any information given to him by any citizen regarding matters that indicate the need for police action. When a Member of the Department obtains important information which may be of value to a Unit of the Department other than his own, he shall report the facts to the Chief of Police, who shall transmit the information to the proper Unit. Every Member of the Department shall report to his Superior Member with knowledge or information that he may have that may be of assistance in the prosecution or defending of a lawsuit in which the city is a party either as plaintiff or defendant.
B.
C.
2.20
OBEDIENCE Members while on or off duty shall respect and obey all laws and ordinances and provisions of the Department Manual of Procedures. A. Punctual attendance, prompt obedience to orders and conformity to the Department Manual of Procedures will be rigidly enforced. As a general rule, a Member will be required to take direct orders from and be directly responsible to one Superior Members, however, shall exercise direct command over Members outside their usual command in all situations where the police purpose or the reputation of the Department is jeopardized.
B.
2.21
OBEDIENCE RADIO DISPATCHER All messages transmitted over the Police Radio System by Department personnel shall be direct and concise and shall conform with all Department radio procedures and the Rules and Regulations of the Federal Communications Commission. No member shall disobey or refuse to take cognizance of any communications transmitted by the radio dispatcher, unless directed to do so by a Superior Member. Neglect to comply with the instructions of the dispatcher shall be regarded as a violation of these Regulations.
2.22
ORDERS All written directives issued to a Member or posted on the bulletin board by the Commissioner of Public Safety or the Deputy Commissioner for seventy-two (72) consecutive hours shall be deemed official and sufficient notification and obeyed accordingly.
2.23
ORDERS EFFECTIVENESS OF
CODE OF CONDUCT
PAGE 5 OF 19
All written directives that have been approved by the Commissioner of Public Safety or the Deputy Commissioner shall have the force and effect of Department Regulations. 2.24. ORDERS CHANGE OF No orders will be issued which will conflict with or change the regulations of this Department without the approval of the Commissioner of Public Safety or in his absence the Deputy Commissioner. 2.25 ORDERS COMMANDING OFFICER Commanding Officers may issue orders within their Commands, which do not conflict with or change the provisions of existing Department Regulations. 2.26 ORDERS CONFLICT OF In the event of a conflict of orders, a Member of the force shall make known to the Superior Member issuing the last order that a conflict of orders exists. Should that Member not change his order, the Member will obey the order of this Member and shall not be responsible for a violation of regulations or disobedience of an order. The Member issuing this change of orders shall bear responsibility for disobedience of orders or violation of regulations. 2.27 SUGGESTIONS Members may forward suggestions for the improvement of the service, in writing, through channels, to the Deputy Commissioner. 2.28 CONDUCT Members shall conduct themselves in a manner that will not bring discredit to the Department. They shall be guilty of misconduct, neglect of duty or unbecoming a member even though such conduct is not specifically set forth in these rules. A. B. A Member of the Department, while in uniform shall not smoke in public. No Member of the Department shall engage in games of cards or games of chance at Headquarters at any time whether on duty or not. Members of the Department shall not attend any ball, reception or other place of amusement while in uniform, except when assigned to it. Members shall comply with instructions of Training Member regulating their conduct while attending school and with the rules and instruction of the Firearms Instructor regulating their conduct on the range.
C.
D.
2.29
CIVILITY All Members of the Department shall be as civil, orderly, discreet, courteous and patient as reasonable persons are expected to be in any situation and shall not engage in any altercation, physical or otherwise, whether on duty or not, with any other Member of the Department or civilian.
CODE OF CONDUCT
PAGE 6 OF 19
A.
Members of the Department shall be quiet, civil and orderly in their conduct and deportment. In the performance of their duty, they shall be attentive and maintain decorum, command temper, patience and discretion. They at all times shall refrain from harsh, violent, coarse, profane or insolent language and yet shall act, when required with fairness and energy in the performance of their duty. Members of the Department shall be civil and respectful to each other on all occasions. All Members of the Department shall answer questions from the public in a courteous manner and if unable to supply an answer shall make a reasonable effort to obtain it for the citizen. Efforts shall be made to avoid argument and unnecessary conversation. If requested, a Member shall give his name and shield number in a courteous manner to any person requesting it.
B.
2.30
KNOWLEDGE OF THE CITY Every Member shall familiarize himself with the geography of the City, including routes of public transportation, the location of the streets, highways, bridges, public buildings and places, hospitals, courts, railway stations, prominent buildings, large industrial plants and such other information as may aid him in the effective discharge of police duties.
2.31
PROHIBITED PLACES Except in the line of duty, a Member of the Department shall not visit or loiter near any bar, tavern, tap lounge or other establishment suspected by the police as being a place of actual or probable law violations or a place that is frequented by known felons or other unsavory characters.
2.32
ASSOCIATIONS Members shall avoid regular or continuous associations or dealings with persons whom they know, or should know, are persons under criminal investigation or indictment, or who have a reputation in the community or the Department for present involvement in felonious or criminal behavior, except as necessary to the performance of official duties, or where unavoidable because of other personal relationships of the Members. A Member of the Department shall not consort with criminals or other unsavory characters unless such association is specifically required as a matter of police duty.
2.33
FICTITIOUS ILLNESS OR INJURY Members shall not feign illness or injury, falsely report themselves ill or injured., or otherwise deceive or attempt to deceive any official of the Department as to the condition of their health.
2.34
INTOXICANTS A Member of the Department shall not indulge in intoxicants while in uniform or while on duty in civilian clothes. He shall not indulge in intoxicants at any time to an extent that would render him unfit for immediate duty.
2.35
POSSESSION OF INTOXICANTS DRUGS ETC.
CODE OF CONDUCT
PAGE 7 OF 19
A Member of the Department shall not bring, place or permit to be brought or placed or allow to be kept in any building, location or vehicle within the Department any intoxicant, hypnotic, hallucinogen or narcotic, except in the strict performance of police duty as required by regulations or orders when it is needed for prompt administration by a licensed physician. 2.36 USE OF DRUGS A Member of the Department shall not use or render himself or herself unfit for duty through the use of narcotics, barbiturates, amphetamines, tranquilizers, hypnotics or hallucinogens or other toxic drugs except when prescribed in the treatment of Members by a physician or dentist. When controlled substances, narcotics or hallucinogens are prescribed, Members shall notify their Superior Member. 2.37 CRITICISM AND MALICIOUS GOSSIP A. A Member of the Department shall not criticize any other Member of the Department, except in the line of duty, as a superior to a subordinate, nor shall any Member maliciously gossip about any Member, order, policy, procedure, case or event that should remain police information, nor shall a Member discredit or injure the morale of the personnel of the Department. A Member of the Department shall not speak disrespectfully to, or of, the Mayor, Commissioner of Public Safety or Deputy Commissioner of Public Safety or any member of the City Government. No Member of the Department shall make untruthful remarks or statements regarding the Commissioner of Public Safety, or any other Member of the Department. A Member of the Department shall not speak of any nationality, race or religion disparagingly. A Member of the Department shall speak the truth at all times and under all circumstances. In cases in which a Member is not allowed by the Regulations of the Department to divulge facts within the Members knowledge, the Member will decline to speak on the subject.
B.
C.
D.
E.
2.38
RECORDS A. No Department records shall be removed from the building except with the approval of the Commissioner of Public Safety or Commanding Member or under due process of law. Entries in Department records shall be made without unnecessary delay, they shall be accurate, coincide, and placed in chronological order by the Member or Members assigned to that duty. Erasures are not to be made and if corrections are to be made, an inked line shall be drawn through the incorrect portion and the correction entered immediately above the incorrect deletion. The Member making the correction shall affix his initials and shield number alongside that correction.
B.
CODE OF CONDUCT C.
PAGE 8 OF 19
Members and employees of the Department may not alter or request any other person to alter or withdraw any report, letter, or other written communication that is being sent up or down the chain of command. This paragraph shall not preclude the correction of grammatical errors. All such communications shall be forwarded without unnecessary delay. No Member or employee of the Department shall advise, counsel, order or otherwise dissuade any other Member or employee from making and submitting any lawful or proper report, whether on criminal or disciplinary matters. A Member of the Department shall not make false official reports, knowingly or willingly enter or caused to be entered into any Department books, records or reports any inaccurate, false or improper police information or material matter. No written communication with reference to police business shall be made by any police Member or any civilian employee to anyone, except upon the authority of a properly designated Superior Member. Copies shall be made of all letters and teletypes sent from the Police Department and copies of all communications shall be retained in the office from which they were sent. A Member of the Department shall treat as confidential the official business of the Department. He shall not talk for publication, nor be interviewed, nor make public speeches on police business; nor shall he impart information relating to the official business of the Department nor furnish photographs, finger and thumb prints, nor copies thereof to anyone except: 1. Under due process of law, as directed by or with the permission of the Commissioner of Public Safety or the Deputy Commissioner. 2. To those through whom he is directed under Rules and Regulations, to impart information regarding Departmental business. 3. An employee of the Municipal Civil Service Commission, upon displaying his official shield, may be serviced with such confidential information, in the opinion of the Commissioner of Public Safety or the Deputy Commissioner, may be necessary and proper to aid the work of that Commission. 4. A representative of the press, upon establishing his identity may be advised by a Superior Member so designated by the Commissioner of Public Safety or the Deputy Commissioner. 5. Information about persons arrested may be given by Members of the Department to properly identified representatives of the Parole Commission of the State of New York or the Probation Department or any other court or official agency.
D.
E.
F.
G.
2.39
MARKING OR ALTERING DEPARTMENT NOTICES A Member of the Department shall not mark, alter, or deface any printed or written notice, memorandum, and general order directive relating to police business. A Member
CODE OF CONDUCT
PAGE 9 OF 19
shall not mark, alter, mar, nor deface any bulletin board or blackboard maintained by the Department.
2.40
PRESS RELEASES All Members of the Department are prohibited from discussing, publishing or disseminating or giving directly or indirectly, information or making comments concerning this Department or matters pertaining thereto except as required by the Rules and Regulations and Procedures, except with permission of Commissioner of Public Safety.
2.41
STATEMENTS OF LIABILITY A Member of the force shall not make any oral or written statements to anyone concerning liability in connection with the operation of police vehicles or performance of other police duty, unless specifically authorized to do so by the Commissioner of Public Safety or his designee.
2.42
INFORMATION No Member of the Department shall communicate any information respecting orders which he may have received or any regulation now in force that may hereafter be made for the government of the Department except to such persons as directed by the Commissioner of Public Safety or the Deputy Commissioner or as legally required.
2.43
GROOMING Every Member of the Department, when on duty, shall comply with Department grooming standards which are set forth in the Manual of Procedures.
2.44
APPEARANCES Members of the Department shall maintain quarters, lockers, and desks used by them in a neat, clean and orderly condition. They shall not throw cigarettes or t rash on the floors in Police buildings. They shall be neat and clean in appearance when in public, whether in uniform or in plain clothes.
2.45
EQUIPMENT REQUIRED A. Members of the Department shall have in their possession all equipment and uniforms required by the Department. The equipment and uniforms will be in a serviceable condition and kept in a location where they are readily available when needed. The uniforms of the Captains, Lieutenants, Sergeants, Police Officers, Public Safety Dispatchers, and Jail Attendants shall be of a type designated by the Commissioner of Public Safety. No Member of the Department shall patrol in civilian attire except by the direction of the Commission of Public Safety.
B.
C.
CODE OF CONDUCT
PAGE 10 OF 19
2.46
EQUIPMENT PERSONAL LOST / DAMAGED When an article of uniform or equipment is damage or lost in the performance of police duty, application for reimbursement may be made to the Commissioner of Public Safety by the Member of the Department affected. It shall be made in duplicate and under oath and shall state in detail how and when the damage or loss occurred and date of purchase and cost of article.
2.47
SHIELD / IDENTIFICATION CARD Members of the Department shall have no other police shield / I.D. Card or similar object in their possession, nor shall they wear ,use or display one, except the kind authorized by the Commissioner of Public Safety. No member shall possess a duplicate or facsimile of their Department issued shield. They will carry their shield and service firearm at all times while on duty, unless otherwise directed and when in uniform shall display the shield on the outermost garment over the left breast.
2.48
SHIELD / IDENTIFICATION CARD LOST It shall be deemed a neglect of duty for any Member of the Department to lose his shield / I.D. Card, emblem or insignia of office, or fail to fasten the same securely to his person. Failure to report the loss of a shield, emblem or insignia of office to the Chief of Police immediately shall be deemed a further neglect of duty. The cost of replacing a shield shall be borne by the Member. Shields are to be used carefully and kept clean and bright. If any member breaks, bends or otherwise changes the form of his shield or fastening thereof, he shall pay the cost of repairing it or furnish a new shield as may be directed.
2.49
UNAUTHORIZED ITEMS A Member of the force shall not carry any articles other than authorized equipment while in uniform unless in the line of duty. A. No Member of the Department shall have or use personal cards of any description describing their police business or giving the police telephone number for personal matters without first obtaining written permission from the Commissioner of Public Safety or the Deputy Commissioner. A Member of the Department shall not authorize the use a of photograph of himself /herself in uniform in connection with any testimonial or advertisement, or for any commercial enterprise, nor shall he in his official capacity endorse or subscribe to any such testimonial or advertisement; nor shall he/she authorize any money to be made out to his official rank, title or membership in the Police Department in connection with any such testimonial or advertisement, without the written permission of the Commissioner of Public Safety.
B.
2.50
PROPERTY A Member of the Department shall: Be responsible for the good care, proper maintenance and serviceable condition of all Department property issued for or assigned to his use, and;
CODE OF CONDUCT
PAGE 11 OF 19
A.
B.
Report promptly to the Commanding Member of the Support Services Division, Property Unit through his immediate Superior Member the loss of, damage to or unserviceable condition of any Department property issued for or assigned to his use, or any equipment, article, etc., used in connection with his duties as a Police Member. Not alter police equipment by changing it in any way except in cases of emergency or by the direction of the Deputy Commissioner. No property of the Department of Public Safety shall be destroyed, sold, broken up or otherwise disposed of without the authority of the Commissioner of Public Safety or the Deputy Commissioner. Members are responsible for maintaining and updating (inserting or making changes) their personal copy of the Department Manual and present said manual for inspection upon demand.
C.
D.
2.51
MISAPPROPRIATE OF PROPERTY A Member of the Department shall not appropriate for his own use any lost, found or stolen property nor convert to his own use any property of the City of Mount Vernon or property held by the Department for evidence.
2.52
HANDLING MONEY OR PROPERTY All money or other property coming into the possession of any Member of the Department through the normal course of police duties, which is not his own, shall be delivered to the Desk Officer, Commanding Member or Superior Member and a report made of the transaction. Such property will then be turned over to the Support Services Division, Property Unit.
2.53
SOLICITING A Member of the Department shall not solicit, contribute, pay, nor cause to be solicited, contributed or paid directly or indirectly any money or other valuable consideration for the benefit of any matter related to the department or for the benefit of any person or persons connected with the Department, except upon the written approval of the Commissioner of Public Safety. This rule does not apply to money collected for the payment of regular dues or assessments of a benevolent organization identified with the Department or for other authorized purposes.
2.54
SOLICITATION No Member of the Department, while on duty, shall circulate any subscription paper or sell tickets for any purpose without the permission of the Commissioner of Public Safety.
2.55
SOLICITING FOR PROMOTION OR CHANGE OF DUTY A Member of the force shall not solicit for his or her promotion to a higher rank or a change in duty status or for the promotion or change of duty status of any other Member or for the appointment of anyone to the force; nor shall a member promote or cause to be promoted any influence to effect such an end.
CODE OF CONDUCT
PAGE 12 OF 19
2.56
ASSESSMENTS No assessment of any kind whatsoever shall be levied, any money or other contribution requested or collected, for any purpose whatsoever, nor shall any gifts, testimonials or anything of value be bestowed on or received by any Member of the Department without the permission of the Commissioner of Public Safety.
2.57
PAYMENT OF DEBTS All personnel of the Department shall promptly pay their legal debts. Failure to do so shall subject the offender to disciplinary action.
2.58
DEBTS A Member of the Department shall not incur debts or other liability chargeable against the City of Mount Vernon, except with the knowledge and consent of the Commissioner of Public Safety or as otherwise specifically provided.
2.59
BORROWING No Member of the Department shall borrow from any other Member, any money, security or property or obtain any credit or guarantee of credit; or assign his salary to any money lender or assign his wages or give any power of attorney for the collection thereof without the permission of the Commissioner of Public Safety.
2.60
GIFTS No Member of the Department shall accept any gratuity or gift, directly or indirectly, from any person while in custody or after he shall have been discharged; nor from any friend or representative of such person or from anyone acting in such persons behalf.
2.61
ACCEPTING GIFTS No Member of the Department shall seek or accept, directly or indirectly, any gift present or gratuity.
2.62
REWARDS No Member of the Department shall receive any compensation, recommendation or reward for services other than his salary as a Member of the Department, except by permission of the Commissioner of Public Safety. Members of the Department may receive for their own use, ordinary fees as witnesses entitled on subpoena.
2.63
LOYALTY A Member of the Department is prohibited from affiliating with any organization or body, the constitution or regulations of which are hostile to the United States Government or which would, in any way, exact prior consideration of him and/or prevent him from performing all his police duties.
CODE OF CONDUCT 2.64 NATIONAL COLORS AND ANTHEM
PAGE 13 OF 19
All Members of the Department shall salute the official national colors as they pass in public parades, ceremonies or other occasions or when carried into any building, room or place where they are present. Whenever the National Anthem is played at any place where any members of the Department, are present, they shall stand at attention facing towards the music. If in uniform, they shall salute at the first note retaining the position of the salute until the last note of the Anthem. If not in uniform and covered, they shall uncover at the first note, holding the head dress over the heart and so remain until its close, except that in inclement weather the head dress may be slightly raised. 2.65 SALUTATIONS A. The hand salute prescribed by the United States Army regulations shall be tendered by subordinates and smartly and promptly acknowledged by Superior Officers. If in civilian clothes, the subordinate shall not salute, but on entering the office of a Commanding Officer, he shall remove his hat. A Member of the Department other than the Commissioner of Public Safety or Deputy Commissioner shall not be tendered a salute unless such member is in uniform. Members lining parades or at fires or on occasions where large numbers of police officers are assembled for a specific purpose, shall not salute Commanding Officers unless they address or are addressed by such Commanding Officer. In addressing or referring to a ranking member in line of duty his full title shall be used. A Member of the Department in charge of a detail of Members of the Department shall form and march them as prescribed by the United States Military Drill Regulations. All Members of the Department, on meeting or passing their Superior Officers, shall give the proper salute. Whenever the Mayor or Commissioner of Public Safety or the Deputy Commissioner of Public safety shall visit Headquarters, all Members of the Department therein shall stand at attention and give the customary salute.
B.
C.
D.
2.66
RELEASE OF TELEPHONE NUMBERS No Member of the Department shall release to the public or any public agency the home telephone number of any other member without authorization of a Superior Member.
2.67
CHANGE OF ADDRESS / TELEPHONE NUMBERS Every member of the Department shall be responsible for informing the Chief via his Commanding Member his current address and telephone number , and any change of address and/or telephone number, shall be reported as soon as practical.
2.68
WITHDRAWAL COMPLAINT A. Members of the Department shall not compound any offense committed against any Federal State or Municipal Law or Ordinance without the permission of the Commissioner of Public Safety, shall a member withdraw any complaint made.
CODE OF CONDUCT
PAGE 14 OF 19
B.
No member of the Department shall communicate to any person, information which may enable that person to escape from arrest or punishment or which will enable any person to dispose of or secrete goods or property or other valuable things stolen or embezzled.
2.69
RECOMMENDATION FOR DISPOSITION OF CASES A Member of the Department shall not make recommendations for the disposition of any case without the consent of the Commissioner of Public Safety or the Deputy Commissioner.
2.70
COURTROOM DEMEANOR A. All Members of the Department concerned with cases before the Courts, Grand Juries or Hearing Boards shall be punctual in attendance, make a clean and neat appearance before such agency. They shall have the cases in which they are complainants or witnesses properly prepared. The witnesses shall be present and all property that is to use as evidence suitably arranged for presentation to the Court, Grand Jury or Hearing Board or members of the Jury. When presenting evidence or testimony they shall speak calmly and explicitly, in a clear distinct and audible tone so as to be easily understood. They shall give evidence with accuracy, confining them to the case before the court and shall neither suppress nor overstate the slightest circumstances, with an intention of favoring any person or projecting ill will to either the complainant or the defendant. All police members detailed to special assignments or to the Courts shall report at once to the Desk Member when his presence is not required for such assignment and he shall then subject himself to new orders.
B.
2.71
COURT APPEARANCES A. All Members of the uniformed force shall appear in City Court in uniform, except off duty personnel may wear a jacket and tie. A Member of the Department appearing as a witness or complaint in plain clothes shall wear his shield on the outermost garment over the left breast while in the courtroom. All Members of the Department who make an arrest shall appear in court promptly when court is in session. If an arrest is made when the court is not in session, the arresting member shall be present in court at 9:00 A.M. on the date of the next regular session of court to sign the complaint, unless excused by the Chiefs Office. A Member of the Department summoned to the District Attorneys office of any county in connection with a case in which any other Member of the Department is apt to be made a defendant or becomes a defendant, shall report the facts in detail at once to the Deputy Commissioner or the Commissioner of Public Safety. No Member of the Department, when in attendance as witnesses before the Grand Jury, Supreme Court, County Court, Court of Record or any other Court, shall leave Court before they are called to testify or otherwise excused.
B.
C.
D.
E.
CODE OF CONDUCT
PAGE 15 OF 19
2.72
WITHHOLDING EVIDENCE A Member of the Department shall not fabricate, withhold or destroy any evidence of any kind.
2.73
TESTIMONY IN CIVIL CASE A. A Member of the Department shall not testify in any civil case in court unless legally summonsed to do or unless he has received permission from the Commissioner of Public Safety. Members are not to render any assistance in civil cases unless required to do so in the line of police duty.
B.
2.74
NOT TO RECOMMEND ATTORNEYS Members of the Department shall not recommend or suggest to anyone the employment or name of any firm, person or corporation, as attorney counsel or bondsman; nor shall they give any advice or information to any person arrested or to others acting for him relative to the defense or prosecution against him; except that nothing herein contained shall be construed to mean a restriction of the rights of a member with respect to the handling of matters concerning himself or his immediate family.
2.75
NOT TO RECOMMEND SERVICE Members of the Department shall not recommend or suggest to anyone the employment or name of any towing firm, undertaker or other tradesman or inform such tradesman of any such tradesman of any situation wherein their services might be sought, except that nothing contained herein shall be construed as restricting the rights of members from handling their own private affairs or prohibiting authorized official notification in such cases.
2.76
WARRANTS A Member of the Department shall not execute any warrant of arrest unless the Deputy Commissioner, Chief s Office, Captains or the Desk Member in charge of Headquarters or Commanding Member of the Detective Bureau has delivered the same to him.
2.77
ARREST When an arrest is made while more than one Member of the Department is present, then all present shall receive equal credit for the arrest and their names shall be entered on the Arrest Book. Whenever any Member of the Department has acted on a case and has obtained information leading to the guilty person, he shall receive equal credit with the member who makes the arrest if he is not present when such arrest is made.
CODE OF CONDUCT
PAGE 16 OF 19
2.78
PRISONERS A. Members of the Department shall not maltreat any prisoner willfully or use unnecessary violence toward a prisoner or toward any other person. All Members of the Department are strictly forbidden to interest themselves either directly or indirectly in obtaining or procuring counsel for any person arrested by any member of the department.
B.
2.79
CUSTODY OF PRISONERS Any Member of the Department who has at any time any person or persons under arrest or detention shall be responsible for the proper safeguard of such persons and their property for the period of time they remain in his custody.
2.80
LEAVE Any Member absent from duty without leave shall be subject to disciplinary action.
2.81
SEPARATION FROM DEPARTMENT Any Member of the Department who desires to withdraw, resign or retire from the Department shall notify the Commissioner of Public Safety in writing of his intention to do so at least ninety (90) days prior to his termination date.
2.82
ACTION TO BE TAKEN A. Members shall act promptly, with energy, firmness and decision at the scenes of crimes, disorders, accidents or other situations or incidents that require police attention and in dealing with suspects and in disposing of their assignments. When the police purpose might be jeopardized by delay, immediate action shall be taken even though some other member or division would ordinarily deal with the incident. Time is usually the essence of successful police operations. Failure to take prompt and decisive action frequently jeopardizes the success of police undertakings. Members shall not give evidence of indecision or lack of confidence by their actions, facial expressions, words or tone of voice. Members of the Department are expected to at all times when confronted by a serious police emergency to act courageously and render assistance to fellow members and civilians.
B.
C.
2.83
RENDERING ASSISTANCE Members of the force shall render police assistance to all persons who request it consistent with police duties and shall cooperate with all other agencies engaged in the administration of criminal justice or public welfare, affording them all the aid and authorized information such organizations are entitled to receive.
CODE OF CONDUCT
PAGE 17 OF 19
2.84
NEGLECT When a crime has been committed and the Chief of Police has cause to suspect that negligence is attributable to the member on whose post the crime was committed, the member shall be required to show by his own affidavit or by the testimony of other persons, that he was attending strictly to his duty in accordance with the manual procedures.
2.85
SUSPECTED PREMISES REPORT It shall be the duty of all Members of the Department to report to the Chief of Police, in detailing in writing, over their signature, whenever there are reasonable grounds to believe that any house, room or premises within the City are kept or used for gaming, or kept or used for lewd, obscene or immoral purposes or for the deposit or sale of lottery tickets or slips, narcotic law violation or any other crime.
2.86
HEADQUARTERS BUILDINGS No person shall be permitted to remain in Headquarters, except Members of the Department and persons having business therein.
2.87
SUPPLIES No supplies of any kind shall be purchased, nor repairs made nor ordered, nor shall the services of any other person utilized, nor any financial obligation of any kind incurred, except upon requisition and order of the Commissioner of Public Safety or the Deputy Commissioner.
2.88
DEPARTMENT PROPERTY All Members of the Department shall be careful in the use of all City or Department property, whether fixed or moveable. Negligence, roughness or carelessness shall not be tolerated and shall be made the subject of disciplinary action.
2.89
RESPONSIBILITY FOR CITY PROPERTY Any Member of the Department having the care or use of City property shall be responsible for the safekeeping and proper use of the property during the time that he has control and shall return the property upon demand of the proper authority.
2.90
ANNUAL FIREARMS QUALIFICATION Every Member of the Department shall meet the qualifications outlined in the Department Firearms Policy.
2.91
USE OF WEAPONS A Member of the Department who finds it necessary to use his baton, billy or slapper in making an arrest or attempting to make an arrest or who shall find it necessary to discharge his firearm under any conditions other than at duly established range shall immediately notify his Commanding Officer in writing and that Member shall conduct an
CODE OF CONDUCT
PAGE 18 OF 19
immediate investigation as to the possibility of injury to any person or property and the propriety of the Members use of his weapon. 2.92 USE OF PRIVATE VEHICLES While a Member of the force is on duty, he shall not drive a private vehicle to his post or assignment or patrol his post or cover his assignments with a private vehicle. 2.93 DRIVER LICENSE A. All Members of the Department are required to maintain a valid New York State drivers license. Any Member of the Department, upon receiving notification from the Department of Motor Vehicles of a change of status including, but not limited to, suspension, revocation or restriction of their driving privilege shall immediately report this information in writing to the Chief of Police via his Commanding Member. Members of the Department whose driver license has been suspended or revoked will not be permitted to drive any Department vehicles. 1. The Chief of Police, upon being informed that a Members driving privilege has been restored, will verify same by requesting a certified copy of the Members driving record via teletype from the Department of Motor Vehicles in Albany.
B.
C.
2.94
TELEPHONE IN RESIDENCE Members of the Department shall have telephones in their place of residence with their current number on file in the Chiefs office.
2.95
SENIORITY A Members seniority status in the Department shall be determined according to the date of appointment to his present rank. Where two (2) or more Members of the same rank are appointed on the same day, the first named in the order of appointment shall be the ranking member.
2.96
INTERVIEW Any Member of the Department may apply for an interview with the Commissioner of Public Safety, either directly or through official channels in writing.
2.97
OUTSIDE EMPLOYMENT A Member of the Department may engage in outside employment if the Commissioner of Public Safety approves such business or calling. When a Member of the Department is suspended from duty without pay, he may engage temporarily in another business or calling or when, after filing his application for retirement, he is on continuous vacation or other authorized leave including terminal leave.
CODE OF CONDUCT
PAGE 19 OF 19
2.98
MILITARY SERVICE A Member of the Department is prohibited from joining any federal or state military organization without the permission of the Commissioner of Public Safety. Nothing contained in this regulation is intended to interfere with or affect the discharge of the members from compulsory military obligation.
2.99
COMMUNICATIONS SYSTEM SECURITY No member may use or distribute information derived from the E 911 System, N.Y.S.P.I.N., D.C.J.S. or any integrated systems while being in direct conflict with any State, County or Department regulations governing said systems.
CODE OF CONDUCT
CODE OF ETHICS
Date Issued 1/4/93 Effective 1/18/93 History 1974 R&R Page 1 OF 3 Revised 1/4/93
SUBJECT: CODE OF ETHICS
Prohibited Business or Professional Activities and Transaction. 1. No city officer or employee shall. A. Directly or indirectly solicit any gift; or accept or receive any gift having a value of twenty five dollars or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstance in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official action on his part. Disclose confidential information acquired by him in the course of his official duties to unauthorized persons or use such information to further his personal interest. Invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties. Engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties. After the termination of service or employment with such municipality, appear before any board or agency of the City of Mount Vernon in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. Perform any professional services for others, for compensation, in relation to any proceeding, petition or hearing before any city agency as herein defined. Represent any person, firm or corporation being sued by the City of Mount Vernon in the defense of such suit, or represent or appear for any person, firm or corporation filing a claim against or prosecuting a legal action of proceeding against the City of Mount Vernon, in the filing of such claim or the prosecution of such action or proceeding.
B.
C.
D.
E.
F.
G.
CODE OF CONDUCT
PAGE 2 OF 3
H.
Appear for, or represent any person, firm corporation in an action involving the prosecution of such person, firm or corporation for violation of any ordinances or codes. Take part in, vote or pass upon any matter before him or any board or commission of which he is a member in which matter he has any direct or indirect pecuniary interest. Nothing herein shall be deemed to limit, restrict or prohibit city officers or employees from performing their official duties not from appearing as a witness in any action, proceeding or hearing involved the City of Mount Vernon, nor from applying for certificates, licenses or permits issued by city agencies without hearings. Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the City of Mount Vernon, or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. No full time City officer or employee shall engage directly or indirectly in any other trade, business, occupation or profession during the regular City working hours.
I.
J.
K.
L.
2.
Disclosure of interest in legislation. To the extent that he knows thereof, a member of the City Council and any officer or employee of the City of Mount Vernon, whether paid or unpaid, who participates in the discussion or gives official opinion to the City Council or any legislation before the City Council shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.
Standards of Conduct 3. As standards of conduct, it is deemed advisable that no City officer or employee: A. Accept employment or engage in any business or professional activity that might require or induce him to disclose confidential information that he has obtained by reason of his City employment. Use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others. Engage in any transactions as representative or agent of the City with any business entity in which he has a direct or indirect financial or other interest that might reasonably tend to conflict with the proper discharge of his official duties. Give reasonable basis by his conduct for the impression or belief that any person can improperly influence him or unduly enjoy his favor in the performance of his official
B.
C.
D.
CODE OF CONDUCT
PAGE 3 OF 3
duties, or that he is affected by the kinship, rank, position or influence of any party of person E. Make any personal investments in enterprises which he has reason to believe may be directly involved in decisions or rulings to be made by him, or which will otherwise create substantial conflict between his duty in the public interest and his private interest. Pursue any course of conduct that will raise or create public suspicion that he is likely to be engaged in acts that are in violation of his public trust. The rules of ethical conduct of this local law as adopted, shall not conflict with, but shall be in addition to any probation of article eighteen of the general municipal law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.
F.
G.
CODE OF CONDUCT
POLICY ON SEXUAL HARASSMENT
Date Issued 1/4/93 Effective 1/18/93 History OPS-91-17 Page 1 OF 4 Revised 1/15/99
SUBJECT:
POLICY ON SEXUAL HARASSMENT
Adding a new Article VI, Sexual Harassment Policy , as follows, hereby amends chapter 50 of the CODE of the City of Mount Vernon, Personnel Policies: POLICY: Sexual Harassment in the workplace is illegal. All City employees are forbidden from engaging in such activity in any manner. The City of Mount Vernon is committed to providing a work environment that is free from all forms of Sexual Harassment or intimidation. A. This policy applies to all applicants and employees, whether related to conduct engaged in by an employee or someone not directly connected to the City (e.g. outside vendors or consultants). This Sexual Harassment policy includes, but is not limited to, inappropriate forms of behavior described below under the definition of Sexual Harassment. To assure compliance with this policy, supervisors and managerial personnel must take timely and appropriate corrective action when instances of sexual harassment come to their attention, in consultation with the Corporation Counsel. Appropriate disciplinary actions, which may include termination, will be taken against any individual who violates this policy. All employees will be held responsible and accountable for avoiding or eliminating prohibited conduct. Retaliation against any individual because he or she has filed a Sex Discrimination or Sexual Harassment complaint is illegal and will result in disciplinary action. Intimidation, coercion, threats, reprisals, or discrimination against any individual resulting from the filing of a complaint under this policy are all strictly prohibited. Knowingly filing false complaints of sexual harassment, as opposed to complaints, which, even if erroneous, are made in good faith, may be the subject of appropriate disciplinary action.
B.
C.
D.
E.
F.
G.
SEXUAL HARASSMENT
PAGE 2 OF 4
DEFINITION OF SEXUAL HARASSMENT: 1. Sexual advances, request for sexual favors, and other verbal or physical conduct of sexual nature constitute Sexual Harassment when: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment; or B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual, such as promotions, transfer, or termination; or C. Such conduct has the purpose or effects of unreasonably interfering with an individuals work performance or creating an intimidating, hostile, or offensive working environment. 2. Sexual Harassment refers to behavior that: a) is not welcome; b) is or would be offensive to a person of reasonable sensitivity and sensibilities; and c) unreasonably interferes with an employees work performance and effectiveness, or creates an intimidating, hostile, or offensive working environment. It makes no difference if the harassment is just joking or playful. Such conduct may be just as offensive as any other type of harassment.
Specific forms of behavior that may constitute sexual harassment include, but are not limited to, the following: A. VERBAL: Explicit or implicit threats of retribution, or promises of benefits, in return for sexual favors. Abusive language related to an employees sex or sexual preference, including sexual innuendo; slurs suggestive, derogatory, or insulting comments or sounds; whistling; jokes of a sexual nature or concerning gender specific traits; or sexual propositions or threats. Use of demeaning or offensive words when referring to particular sex or sexual preference. Demands for sexual favors or sexually oriented comments about an employees body or appearance, sexual habits, sexual preference, or sexual desirability. Sexual Harassment is not limited to oral comments. Abusive written language, the display of pornographic or sexually explicit objects or pictures, graphic commentaries, or obscene gestures may also constitute harassment.
SEXUAL HARASSMENT
PAGE 3 OF 4
Any sexual advance involving physical contact that is not welcomed, including touching, petting, pinching, coerced sexual intercourse, assault, or brushing up against a persons body. PROCEDURE: 1. Any person who feels that he or she has been the victim of Sexual Harassment, or has witnessed such activity, is required to immediately report the incident to his/her supervisor or any other managerial employee. If an individual believes he/she has been sexually harassed and would like to obtain guidance as how to proceed in filing a complaint, that individual should review the following Complaint Procedure. All complaints will be investigated in a timely manner. Confidentiality will be maintained to the maximum extent possible, consistent with the Citys obligation to conduct thorough investigation are required and directed to treat the matter confidentially, and a violation of the directive will, in itself, be grounds for disciplinary action. Investigation of a complaint will normally include conferring the parties involved and any named or apparent witnesses. The particular facts of the allegation will be examined individually, with a focus upon the nature of the behavior, the pattern of the conduct, if any, and the context in which the incident(s) occurred. Individuals who believe they have been unjustly charged with Sexual Harassment will be afforded every opportunity to offer present information in their defense. Anyone who participates in this procedure may due so without fear of retaliation. Retaliation against anyone because he or she filed a sex discrimination or Sexual Harassment complaint or cooperates with an investigation is illegal and grounds for immediate disciplinary action. An individual who is found to have committed an act of retaliation will be subject to appropriate disciplinary action, up to and including termination.
2.
3. 4.
5.
6.
7.
8.
Just as Sexual Harassment is strictly prohibited, so is harassment on the basis of race, color, creed, ethnicity, disability, religion, national origin, age, martial status, citizenship, veteran status, or any other category protected by law. Anyone who believes that he or she is being harassed or discriminated against on the basis of any of these factors should follow the same procedure for complaints of Sexual Harassment.
SEXUAL HARASSMENT
PAGE 4 OF 4
Step One A. Any individual (complainant) who believes that the Citys Sexual Harassment Policy has been violated is required to file a complaint with his/her supervisor or any other managerial employee. It is preferred, but not required, that an employee file a written complaint. (Form A) All complaints should be filed by the complainant as promptly as possible after the policy has been violated.
B.
Step Two A. When a complaint is filed, the City will commence a timely and thorough investigation. All complaints will be investigated promptly. All individuals are hereby directed and required to cooperate with the City in fulfilling its investigative function. Notice of complaint shall be given to the accused at the appropriate time. The accused shall be afforded an opportunity to present his/her version of events. Both the complainant and the accused will be given written notice of the results of the investigation. If it is determined that Sexual Harassment has occurred, appropriate disciplinary action will be taken. Follow up interview(s) with the complainant will be conducted for appropriate period of time. To ensure that the harassment has not resumed and that no retaliatory action has been taken. A copy of this policy shall be distributed annually to each employee.
B.
C.
D.
E.
F.
CODE OF CONDUCT

City of Mount Vernon Police Department Administrative Guide

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City of Mount Vernon Police Department Administrative Guide

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MOUNT VERNON POLICE DEPARTMENT

ROOSEVELT SQUARE NORTH, MOUNT VERNON, NEW YORK

Page 1 OF 1 Revised 11/04/99

COMMISIONER OF PUBLIC SAFETY

Page 1 of 2 Revised 1/4/93

SUBJECT: COMMISSIONER OF PUBLIC SAFETY

DEPUTY COMMISSIONER OF PUBLIC SAFETY

Page 1 OF 4 Revised 1/4/93

SUBJECT: DEPUTY COMMISSIONER OF PUBLIC SAFETY

ARITCLE III 9. The Deputy Commissioner is responsible for:

WRITTEN ORDER SYSTEM

Page 1 OF 4 Revised 1/4/93

WRITTEN ORDER SYSTEM

Page 1 OF 1 Revised 1/4/93

SUBJECT: ORDER OF RANK

To describe the order of rank within the Department.

Page 1 OF 1 Revised 1/4/99

INTERNAL AFFAIRS UNIT

Page 1 OF 3 Revised 7/20/99

INTERNAL AFFAIRS UNIT

ARTICLE NO. VII-2

ARTICLE NO. VII

Page 1 OF 4 Revised 11/4/99

SPECIAL OPERATIONS SECTIONS

Page 1 OF 3 Revised 1/4/93

RADIO MOTOR PATROL SECTOR BOUNDARIES RADIO MOTOR PATROL SECTOR A

RADIO MOTOR PATROL SECTOR B

MOTOR PATROL SECTOR C

RADIO MOTOR PATROL SECTOR D

RADIO MOTOR PATROL SECTOR E

RADIO MOTOR PATROL SECTOR F

RADIO MOTOR PATROL SECTOR G

Page 1 OF 6 Revised 12/15/98

SUPPORT SERVICES DIVISION

Page 1 OF 4 Revised 4/1/06

SUBJECT: SUPPORT SERVICES DIVISION

The Command Structure of the Support Services Division is as follows:

DIVISION COMMANDING OFFICER

DIVISION EXECUTIVE OFFICER

Article No. XI-2

Unit responsibilities of the Support Services Division are as follows:

ADMINISTRATIVE 1. RECORDS PROCESSING AND MANAGEMENT UNIT is responsible for

PERSONNEL UNIT is responsible for the maintenance and supervision of

Article No. XI-2

Article No. XI-2

Page 1 OF 3 Revised 1/4/93

DUTIES OF A COMMANDING OFFICER:

Page 1 OF 2 Revised 1/4/93

DUTIES AND RESPONSIBILITIES

Page 1 OF 3 Revised 4/20/07

PATROL OFFICERS DUTIES

Page 1 OF 6 Revised 1/4/93

PATROL OFFICERS DUTIES

PURPOSE: To describe the duties of Patrol Officers.

Page 1 OF 1 Revised 1/4/93

Page 1 of 1 Revised 7/14/04

DUTIES OF THE DETENTION AND TRANSPORTATION SERVICES UNIT

Page 1 OF 3 Revised 1/4/93

Page 1 OF 1 Revised 1/4/93

TECHNOLOGY SERVICE UNIT

Page 1 OF 1 Revised 4/1/06

Page 1 OF 1 Revised 11/10/99

Page 1 OF 1 Revised 1/4/93

TACTICAL EVALUATION BOARD