205-Legal Bulletins & Penal Law

Question 1

205-05 LOD/ injury/ Death w/in city .Only the Platoon cmndr( pct of occur )can do both part A n B on report. What supervisors can do part B ?

Answer 1

205-05, Answer: The P/S( pct of occur )if pltn cmndr not available. However, if UMOS not from pct or/ PA, Supv from that cmd will do it. NOTE: Pct CO / Duty Capt. does part B if UMOS DOA or likely to Die, n will also do part C but C includes any other reason that incapacitates MOS.

Question 2

205-05, the injured UMOS does part C.(CO/ Duty Cpt. does if UMOS unable). who does the LOD report if D/O is unable to find available boss pct of occurrence to do Part A ?

Answer 2

205-05, Answer: The D/O does part A of report if can’t find boss pct of occurrence.

Question 3

205-05, LOD / Injury/Death w/in city . Who can speak to injured MOS or view body of DOA MOS?

Answer 3

205-05, Answer: PBBDUD
PC , 1st Dep, Chief o dept, Bureau Chief concerned, Borough C.O. or representative,Detective assigned to the case, CSU detective/ technician, Union Rep( included Policewomen’s Endowment Ass’n ), Dept Chaplain.

Question 4

205-09, (Physical therapy is never auth on Dept. time for non -LODI) MOS needs written approval of District Surgeon to attend physical therapy for LODI on dept. time. 4 rpts from Clinic Supv. Therapist gets originals of certification of LODI n release of health info. The ICO gets the copies. , however

Answer 4

205-09, the ICO gets the originals of the other 2 rpts, completed verification report n notification of LOD therapy authorization . NOTE: pay attention to similar ; Certification n Notification of LOD . Certification of LOD(I) / authorization of treatment originals goes to therapist. Any changes to schedule only notify Roll call personnel.

Question 5

205-12, donating/ requesting blood. MOS SI n needs blood,Operations. If MOS needs blood when outside NYS, call medical division. UMOS donates/request blood Off-duty, CMOS …

Answer 5

205-12, Answer: does it on-duty n deliver receipt to D/O.

Question 6

205-60 If member chronic sick B, member will report to the medical division , special medical district . member w dental problems will be guided by __?

Answer 6

205-60 Answer: Sick desk supervisor.

Question 7

205-01 Reporting sick.
Notify the Dept. when a member is unable to perform duty due to illness, injury or any other physical/psychological condition.

ADMINISTRATIVE RETURN – A sick excusal for tour, which does not require a visit to a district surgeon. A request for Admin Return must be made at least 2 hours prior to the start of the tour for which the leave will be granted. A UMOS must report for duty on the next scheduled tour following the admin excusal. However, if the sickness continues into the next day, Umos may request a 2nd Admin Return at least 2hrs prior to the start of the next scheduled tour. The 1st n 2nd Admin Returns will count as 1 sick incident. Admin Return is NOT authorized for: MD’S BILLS

a. Major illnesses
b. Dental problems
c. Stress-related or other psychological conditions
d. B Chronic Absent – Category B
e. Injuries
f. Line of Duty injuries or illnesses
g. Late (called less than 2hrs )
h. Supervisor, in judgment of, thinks it is inappropriate. When illness, injury or any other physical/psychological condition prevents the performance of duty:

UMOS
Notify desk officer/supervisor at assigned command by telephone, in person, or by competent messenger at least 2hrs before the start of a scheduled tour.
a. Have responsible person make notification by telephone, if incapable of making notification due to disability/sickness during the 2hrs prior to start of scheduled tour.
b. Notify the Medical Division Sick Desk direct when assigned command is closed and follow the guidelines outlined in step “4” subdivisions “a” through “d.”
(1) Notify desk officer/supervisor at assigned command n provide sick serial number when command reopens.
NOTE: Not going Admin sick , you report to Dept. Surgeon at next office hrs . If unable to report, notify both CO n Sick Desk Supv.

Answer 7

205-01 Reporting sick.
DESK OFFICER/ SUPERVISOR
Offer UMOS Administrative Return, in cases of minor, non-line of duty illness, if eligible.
a. Advise member concerned:
(1) That each administrative excusal is for one tour
(2) Must remain at residence or other authorized location unless permission to leave is granted by district surgeon or Sick Desk supervisor.
b. Indicate on pertinent records (ROLL CALL, SICK LOG [PD429-143], etc.) if member has accepted Administrative Return.
3. Direct UMOS to report to Department Surgeon if member is ineligible for, or refuses Administrative Return.

UNIFORMED MEMBER OF THE SERVICE

4. Report sick through the Medical Division’s Sick Desk, and:
   a. Obtain sick serial number
   b. Advise Sick Desk member of any change of address/location or telephone number
   c. Obtain name of Sick Desk member and record time notified
   d. Remain at residence or other authorized location unless permission to leave is granted by district surgeon /or Sick Desk supervisor.

DESK OFFICER/ SUPERVISOR
5. Provide desk officer/supervisor at assigned command with the sick serial number obtained from the Sick Desk.
6. Make return telephone call to verify that member is at stated location.
NOTE If member is not at stated location, the Sick Desk supervisor will be notified for a referral to the Medical Division’s Absence Control and Investigations Unit.
7. Notify Sick Desk supervisor if special or unusual circumstances exist regarding member reporting sick (e.g., member reporting sick from out of state or out of country, etc.).
8. Notify Medical Division’s Absence Control and Investigations Unit if member is suspected of malingering.
9. Make appropriate entry on pertinent ROLL CALLS and notify relieving desk officer/supervisor if member is scheduled to perform duty with either of the next two platoons.
10. Record pertinent information (including the sick serial number provided by MOS who reported sick) in SICK LOG.
NOTE Information received is to be treated in a confidential manner. SICK LOGS and other sick records should be maintained and stored separately from other Command Logs/records, and accessible only to persons authorized by the CO to have access to the logs/records for the proper discharge of their duties.
11. Query Medical Division Sick Reporting System via the Department Intranet to ensure the member who reported sick is listed as being on sick report.
12. Access Medical Division Sick Reporting System at the start of tour to determine which members assigned to command are on sick report and/or not on full duty status.

Question 8

205-06 If UMOS injured in LOD within residence counties whether reporting sick or not they will notify

Answer 8

205-06 Answer: Local PD if appropriate n telephone medical division sick deck. Note: if arrest involved, notify operations immediate

Question 9

205-30 When it comes to dole test can a boss establish reasonable suspicion based on physical appearance?

Answer 9

205-30 Answer: no, only if at least two bosses make that observation of physical appearance. Remember , this step comes after some suspecting member has call IAB

Question 10

205-30 MOS suspects another MOS of illegal drugs or controlled substance use, what do you do?

Answer 10

205-30 Answer: call IAB – no log number – OR notify the CO/Duty Capt. – boss calls IAB n will get log #.

Question 11

205-30 who approves if case has establish reasonable suspicion then orders MOS be modified /suspended in regards to dole for cause.

Answer 11

205-30 Answer: the chief approves

Question 12

205-30 when Supervisor Investigating dole for cause has established reasonable suspicion they will normally confer w immediate supervisor, but if SI needs to expedite who will they go to?

Answer 12

205-30 Answer: go right to Chief – if chief unavailable, call his exec OR duty chief

Question 13

205-47 when UMOS has firearm temporarily removal for NON - discipline who prepares removal/ restoration report?

Answer 13

205-47 Answer: the medical division – which makes n sends copy of report to DO cmd of surrender

Question 14

205-47 when UMOS for non - discipline gun removal gets the ok from medical division to get guns back the DO from surrender cmd / member’s permanent cmd has to do 4 things ?

Answer 14

205-47 Answer : 1).make call CO medical division – verification –n telephone log entry,

2) .notify CO n roll call personnel
3) .make cmd log entry
4) .ensure UMOS reports early intervention unit NEXT business day.

Question 15

205-30a MOS refuses dole test ,Supervisor investigating still needs a Drug serial # from Medical Division. Supervisor investigating dole for cause, get permission to order test from?

Answer 15

205-30 Answer: Bureau/ Boro CO

Question 16

205-30 if medical division is closed for drug screening serial # , who does Supervisor investigating contact?

Answer 16

205-30 Answer: sick desk supervisor

Question 17

205-37 MOS, offensive material displayed, strongly encourage to report to DCEEO by phone/writing/in person/leave msg for next business day or file w CO, supv (uniform or civilian) ,manager or EEO liaison For supervisor become aware:

Answer 17

205-37 Answer : Supervisor •phone DCEEO (off hrs leave msg) ,
•photograph n take immediate steps secure/remove/cover, safeguard if possible voucher,
•make cmd log entry ( not describe/ID specific material) , notify CO/manager,
•confidential 49 direct DCEEO w/in 5 bus days w case # , photo n copy of voucher

Question 18

205-01 reporting sick , chronic A can go admin sick but not if less than 2hrs prior to tour ! Who calls sick desk n gets sick serial # for MOS going sick?

Answer 18

205-01 Answer: the MOS (not D/O) NOTE: D/O entry admin sick in sick log w/ serial # , indicate admin sick on roll call .

Question 19

205-05 no pltn cmdr, cop not likely, P/S pct of occur is Investigating n does part B of LODI. Also Another supervisor from pct of occur does Part A if no pltn cmdr. When does D/O get sick desk control # for LODI ?

Answer 19

205-05 Answer: whether cop goes sick or not. NOTE: Duty Cpt is on scene but is not Investigating supervisor unless likely to die.

Question 20

205-18 missing cop lives outside city , it’s under 4hrs , D/O don’t call local PD , Call our ICCU ! After 4 hrs D/O calls these 4:

Answer 20

205-18 Answer: CO/ Duty Cpt, Borough , Operations, IAB

Question 21

205-36 EEO . Supvisor phone DCEEO n get either case# or inquiry # , do not make entires in any official Dept. record . IF Supv. Reporting EEO gets CASE#, must do a 49 w/in ?

Answer 21

205-36 Answer: 5 business days( only if it got a confidential case# ) Liaison does not do 49. Supv receiving allegation against oneself must immediate notify DCEEO. Charges n Specs are under jurisdiction of Deputy Commissioner of Trials

Question 22

205-58 MOS Appeal of evaluation. When requested, Rater ( likely immediate supv ) notifies ?

Answer 22

205-58 Answer: CO , if appeal not resolved ratee do a 49 to Personnel Officer w/in 30days of hearing.
NOTE: PPO cannot appeal , only permanent rank can appeal .

Question 23

205-01 report sick , You as supv suspects member not at stated loc notify Sick Desk Supv (they will refer you to medical div ‘ absence control n investigation Unit) If you suspect member of malingering , notify ?

Answer 23

205-01 Answer: Notify Direct Medical div ‘ absence control n investigations Unit

Question 24

205-01 If member unable to report to dept. surgeon, we know member notifies both CO n Sick Desk Spuv, if member unable to travel to surgeon ?

Answer 24

205-60 Answer: Notify District Surgeon or Weekend Surgeon . NOTE: UMOS on Sick Leave may not leave confines of the city or residence counties without approval of the Chief of Personnel (now Deputy Commissioner of Personnel ,but not changed in Procedure)

Question 25

205-60 Report to assigned District Surgeon at next regular office hrs , UMOS except:

Answer 25

205-60 chronic B : special med district at Lefrak ,.
Unable to travel : call assigned District Surgeon or weekend Surgeon next office hrs,.
Dental problems : be guided by sick desk Supv or member.

Question 26

205-60 MOS not subject to routine visits or calls n eligible for 16hr pass :

Answer 26

205-60 Answer: Not chronic or not referred for supervision n have ; heart condition , broken limb, post surgical, pregnant, Illness diagnosed by Dept. Surgeon likely to be excess of 6 months after confer w Chief surgeon .

Question 27

205-61 Notify court when report sick, UMOS inform D/O or Supv. of any pending Court days when report sick , D/O or Supv will note Cmd Diary on court day n 2 days prior . IF pending arraignment , notify Borough Court Sec. Who notify’s court of inability of member to attend?

Answer 27

205-61 Answer: Roll call Clerk, will notify immediately n then 2 days before date n request adjournment , n again on morning of (except Criminal Court) n put all in telephone Record.

Question 28

205-27 Pregnancy , UMOS call District Surgeon.(Do not have to show up) . Follow up by Faxing n Dept. mail of documentation of confirmation n due date. Call District Surgeon twice ?

Answer 28

205-27 Answer: 1.) to confirm delivery date w/in 10days of date. 2.) during 5th post delivery week. For out of residence pass, granted by Pregnancy Surgeon(void after hospitalization) recurring perg -related illness counts as 1 sick w proper doc n approval of Preg Surgeon.

Question 29

205-02 Reporting Sick from Outside City n Residence Counties, UMOS call sick desk OR telegram CO Med Div. Get letter from Doctor n send to ?

Answer 29

205-02 Answer: CO Med Divison, visit only as required.

Question 30

205-45 CHRONIC SICK - CATEGORY “A” - A UMOS who reports sick for any reason, EXCEPT an initial line of duty absence OR for hospitalization at any time, 4 or more times w/in a 12 month period.
CHRONIC SICK - CATEGORY “B” - A UMOS who reports sick for any reason, EXCEPT initial line of duty OR for hospitalization at any time, 6 or more times within a 12 month period; OR For any reason EXCEPT an initial line of duty absence or for hospitalization at any time, 4 or more times w/in a 12 month period and loses of 40 or more workdays (not calendar days).

Answer 30

205-45 Answer: You come off designated Category A , in 6 months after return to duty. Category B , in 9 months after return. Exceptions for LOD or Hospitalization NOTE: MOS wishing to appeal Chronic, 49x2 to CO Med Div w/in 30 days of designation n give to your CO.

Question 31

205-03 Responsibility for weapons while sick , UMOS Deliver to D/O of resident pct IF unable to safeguard(notify D/O of your cmd if unable to deliver to resident pct) . D/O of your cmd will depend on your current loc , call that cmd D/O n request a Supv obtain property. Pct designation is determined by ?

Answer 31

205-03 Answer: loc of property. Supv assigned will prepare voucher n give to D/O, but the Cmd Clerk prepare property clerk invoice for weapons being safeguard n prepare 2 copies 49 indicate circumstances include # on shield n ID only if removed .

Question 32

205-03 Responsibility for weapons while sick, D/O make cmd log entry, IF safeguarding requires less than 1 week , store at cmd . more than 1 week ?

Answer 32

205-03 Answer: fwd firearms to Prop Clerk Borough office w voucher , fwd shield n ID w 49 to Shield n ID card Unit . Cmd Clerk prepares copies of Authorization to Obtain Property, D/O sign n deliver to MOS cmd.

Question 33

205-05 Does D/O always obtain sick desk Control #, or make sick log entry ?

Answer 33

205-05 Answer: D/O always obtain sick desk control # , but only make sick log entry if member reports sick. D/O photocopy LOD report n fwd direct to Medical Div attn LOD desk . Fax worksheet copy of LOD report to Sick Desk Supv .

Question 34

205-63 Visting Inmates while off-duty , UMOS 49 each visit n fwd to CO at least ?

Answer 34

205-63 Answer: 7 days prior to intended visit. Include name , rank, shield n tax # ,n relationship to inmate. Include name n ID# of inmate , place of incarceration .

Question 35

205-07 Death of MOS (includes Civilian) , Active or Civilian member of cmd , D/O telephone info to Communications sec., notify unit cmdr , If Active MOS immediately notify ..

Answer 35

205-07 Answer: IAB cmd center , post info on bulletin board for benefit of members of the cmd.

Question 36

205-08 Trauma Counseling (includes Civilian MOS), if MOS or his partner, or multiple people are shot , SPI , or DOA, also if MOS discharges weapon n cause any injury, or just cause SPI /death to another (accidental or otherwise) , MOS will be referred to Trauma Counseling. D/O notify Ops.(NOT trauma team) Follow up meetings :

Answer 36

205-08 Answer: 48hrs after initial contact , any meeting after that will be scheduled 1 to 6 weeks after INCIDENT. MOS reports to Psych services or other loc 48hrs after incident or initial contact w Trauma Counselors.

Question 37

205-26 Jury Duty Leave for UMOS , notify CO , CO will ensure dates entered in cmd diary. However ,Submit official doc to ICO . For PO related court conflicts

Answer 37

205-26 notify CO n DA , for jury duty alert , notify command when activated.

Question 38

205-10 Exposure of MOS to infectious Diseases or Hazmat , 219-17 , significant contaminated items dispose in red bio hazard liner contained in patrol kit. Affix bio hazard label any prop, evidence, or waste may be contaminated , 218-04 you get bio hazard stickers from ..

Answer 38

218-04 Answer: D/O , D/O gets from Quarter Master. remember 1 part bleach w 10 parts water, do not use bleach on clothes/fabrics. Dispose in sink, not urinal/toilet.

Question 39

205-17 OT , Non ordered extended tour at least 15 min to prevent interruption of service. Ordered only authorized by PC, 1st Dep, Chief of Dept. Comp time:

Answer 39

205-17 comp time max 5 days, if more , must be taken w/in 30 days , in any event comp time must be taken w/in 1 yr of date earned. NOTE:206-03 sched A CD failure to submit reports in timely manner. ex OT slip.

Question 40

205-18 AWOL for 2hrs at start of tour: D/O check roll call n change sheets,telephone record,sick desk supv, court sign in, n MOS residence request desk send a boss(if outside city, ICCU) . AWOL 4 hrs:

Answer 40

205-18 Answer: D/O notify CO/Duty Cpt.,Boro/Counterpart, Operations n IAB Cmd center. Cmd log entry . MOS AWOL for entire tour needs permission of Chief of Dept.

Question 41

205-19 Vacation Lost Due to Sick Leave UMOS 49 x2 to CO include if LODI ?

Answer 41

205-19 Answer:Med Div control # n whether due to old injury.

Question 42

205-20 Leave w/out pay 29 workdays or less MOS notify CO n submit 3 copies of 28 . 2 weeks in advance. 205-21 .For 30 workdays or more

Answer 42

205-21 Answer:request leave at least 6 weeks in advance. surrender all dept. prop include firearms(not patrol guide).still required to appear for court hearings or trials.

Question 43

205-36 Discrimination vs 205-37 Display of Offensive Material.

Answer 43

205-36 discrimination: may be reported anonymously (vs) 205-37 Display Offensive: it may not. 205-36 no entries in any official dept. record (vs) 205-37 Cmd log entry. 205-36 supv 49 done if case # (vs) 205-37 supv 49 done automatically.

Question 44

205-38 investigations of incidents of retaliation against MOS , Notify IAB Cmd center OR call employee relations direct (they will call IAB) , Integrity Review Board (IRB).

Answer 44

205-38 IRB is made up of 1st deputy Commissioner , Chief of Personnel , Chief of IAB n will recommendations made to PC .

Question 45

205-40 Off Duty Employment (not paid detail) prepare app n deliver to CO, renewal required after 12 months n needs to be submitted 10 days prior to expiration. No app /or prior approval needed if suspended w/OUT pay, or continuous vac /terminal leave AFTER filing for retirement . conflict of interest issues : written approval from PC n review by Conflict of Interest Board , questions answered by DCLM.Prohibitions :

Answer 45

205-40 Prohibited for Off Duty Employment: PPO who has not finished the academy, performed 3 hrs prior to tour or exceed 20hrs per week.(unless vac or terminal leave). taken any position w firm that does business w city ,- positions that involve manufacture, sale , recommendation of alcohol,(unless retail for off premises consumption I.E. supermarket, grocery stores). -can’t have anything to do w racehorses. - can’t sell exclusive rights (you can sell general rights) - cannot be process server anywhere, involve guarding of licensed premises,no burglar alarms n security system, NOTE: you cannot be street peddler or locksmith in city ,BUT can out city.

Question 46

205-40 Off Duty Employ , Prohibits being Attorney for cases involving City or other gov agency as complainant/party. No criminal/negligence cases. No representing MOS of same Cmd. If dealing w firearms outside NYCity , deliver to your CO complete copies of :

Answer 46

205-40 : App for class 1 Fed Firearms License, App for License as Gunsmith or Dealer in Firearms after issuance (by ATF for Fed License or Local Lic officer ). For Off Duty Employ , May not work as security guards at a loc , where strike/labor dispute is ongoing. NOTE: Watchguard Lic ; you’ll be directed to EMD to prepare affidavit after Off Duty Employ App approved . Cannot employ other MOS until approved. No MOS from same Cmd OR higher ranking member.

Question 47

205-57 PO monthly/ quarterly performance review . UMOS w/ no monthly conditions measure report , 5 people

Answer 47

205-57 Answer : 1).Community Affairs Officer , 2).Traffic Safety Officer, 3).Crime prevention , 4). Auxiliary Coordinator , 5).Planning Officer .

Question 48

205-57 PO monthly / Quarterly performance review. If designated Supv unavailable Plt Cmdr/ SOL will ensure PO’s monthly are printed n distributed to members .
Squad Supv’s recap , utilize quest for excellence app by 5th day of previous month. The quarterly performance review will be completed on quarterly basis at beginning of

Answer 48

205-57 Answer: Every Jan, April, July, Oct. .
Squad/detail Sgt. Will be similarly evaluated by Plt Cmdr/SOL utilizing quarterly assessment of Squad Sgt. Designated Supv conducts supv’s quarterly performance review on rear of PO’s monthly w/in 7 days following quarter of which review is due.

Question 49

205-14 applications for transfer -includes CMOS , type app for transfer , have supv/witness sign n submit all copies to CO, when copy returned ,fwd to CO of personnel Orders in sealed envelope, MOS do 49x4 direct to CO personnel Orders. For mutual transfer request ?

Answer 49

205-14 Answer: No application, both MOS submit 49 to respect CO n include all info that is on app for transfer . ADDITIONAL DATA
MOS who are in a Level II or Level III Monitoring Program are not to be transferred without prior conferral with the Bureau/Borough CO n the CO Performance Analysis Section.

Question 50

205-15 Career program PO/Det specialist . Exp after 2yrs . If transferred , can’t submit again for another 2yrs . When you get app back from CO ,make copy n fwd original to CO of personnel Orders section , career program unit. Send copy to personnel officer , current borough/ bureau. To go investigative track?

Answer 50

205-15 Answer: need 4yrs in rank of PO to go investigative track except made by PC . You need min of 12 pts n 3yrs on job to submit app.

Question 51

205-64 LEOSA(H.R. 218) exempts active/retired law enforcement from local/state prohibition on concealed carry. The qualification course must be performed at firearms range n valid for 1yr from date of qualification. Good standing ,?

Answer 51

205-64 Answer: MOS retires w at least 20yrs OR due to LODI .

Question 52

205-52 ,Evaluate probationary sergeants on form PERFORMANCE
EVALUATION SERGEANT (Online Evaluation ), two times during their
probationary period ?
Yes

Answer 52

205-52 Answer: fourth and tenth month. The sixteenth month
evaluation is only required for sergeants whose probation has
been extended.

Question 53

205-40 If applicant is on, or being considered for MODIFIED ASSIGNMENT, telephone Office
of ?

Answer 53

205-40 Answer: First Deputy Commissioner n enter results on APPLICATION.

Question 54

205-40 A “valuable gift” means any gift which has a value of ?

Answer 54

205-40 Answer: $50.00 or more,
whether in the form of money, service, loan, travel, entertainment, hospitality,
thing of promise, of any form. NOTE: 203-13 subordinate may sell products for profit or charitable purposes, or
solicit donations for charitable purposes from a superior if the amount $25.00 or less.