206 - Disciplinary Matters Flashcards
UMOS notifies CO, in writing, on report of the option elected within ____ working days of the CO/XO’s decision.
3 days
ICO/assistant, ICO/other authorized MOS must make entry in the command discipline system within _____ working days of issuance and pertinent entries regarding adjudication within ____ working days of adjudication.
5 and 5
What is a schedule B CD?
SODA FRAP
S - hield, loss of
O - ther deemed apprp. By CO/XO
D - epartment property, loss of
A - ctivity log, loss of
F - ailure to give name and shield, person req
R - adio, fail to rep, ack or give dispo.
A - lcohol in Dept facility or vehicle.
P - risoner- fail to safeguard
Schedule A CD’s are destroyed ____ year after occurrence , provided no subsequent violations.
1 year
What are the three possible penalties of a command discipline?
1) for schedule A - up to 5 days, for schedule B - up to 10 days
2) if viol is related to outside (off duty) employment, revocation of permission for up to 30 days.
3) restrict OT assignment (portal to portal) up to 5 assignments.
The above penalties do not prohibit a CO/XO from
A) warn and admonish verbally
B) warn and admonish in writing, copy to be filed with papers
C) changing assignment within command either for a fixed period or indefinitely.
When a schedule B CD is substantiated, forward a copy to
Department advocates office
And
Disciplinary assessment unit
A ranking member (Sgt or above) must suspend a MOS when:
DOG CAR
D - ole test (refuse)
O - rder (refuse)
G - O 15 (refuse to answer)
C - lub (patronize have interest/assoc) GDASS
A - WOL (5 consecutive tours)
R - oll call (refuse assignment)
When a UMOS is suspended:
Ranking officer in charge
- inform member and the reason
- direct member to surrender all Dept property. Revolvers and pistols.
- direct member to report, if not sick each Mon. Wed and Friday to resident precinct.
- inform member he may request waiver at resident precinct or Dept advocates office.
(If at res. Pct, CO will forward copy to Dept advo. office, or if Dept advocate office, heir personnel will notify desk officer precinct of residence)
UMOS
- surrender all Dept property and all pistol and revolvers
- do not wear uniform
Ranking officer in charge
- enter facts concerning suspension in command log.
- notify supervisor on duty at operations unit, member’s command and member’s resident precinct. Notify IAB (no log #)
- follow proc. for removal of property. Property other than firearms, shield and ID retain at member’s command. (Shield and ID forward by messenger with1 copy of removal and restoration report)
- immediately forward report direct to first dep (2x) 1 through channels and 1 direct , DC trials, chief of Dept, chief of personnel, Dept advocate and members CO.
Reporting procedure for suspended UMOS:
Ranking officer in charge
- direct UMOS below captain to report to resident precinct mon, wed and Friday (unless sick or signed waiver)
Desk Officer - resident precinct
- direct UMOS to prepare “report of suspended members visit” in your presence.
- complete “visit report” in witnessed by section and submit to ICO. Make command log entry.
ICO - resident precinct
- maintain a list of all those required to report to your command while on suspension.
- update list by checking telephone record and FINEST messages each day. If in doubt call Dept advocates office, trial calendar unit
- monitor required appearances and when member fails to report, notify CO of resident precinct.
When a civilian MOS is suspended:
Ranking officer in charge
- inform member of suspension and reason
- direct member to surrender all Dept property. Have ID and shield hand delivered with typed letterhead to HCD shield and ID unit by next business day.
- direct civilian not to wear uniform.
- notify member that charges are to be preferred. Supervise preparation of charges.
- notify IAB command center, members CO/counterpart and operations unit. (Operations supervisor makes CLE and informs charges must be forwarded within 48 hrs.)
- submit report on typed letterhead within 24 hrs to first dep, chief of Dept, DC- trials, Dept advocate officer and member’s CO. (Chief of personnel does not get a copy)
When placing a UMOS on modified assignment:
(Only captain or above may modify)
UMOS on modified
- report direct in business attire to personnel orders division, assignment section at 0900 next business day scheduled to work. If next scheduled tour is not a business day, report to assigned command in business attire for non enforcement duty.
- sign in the personnel orders division sign in log when directed
- go to shield, ID unit for new ID.
(No gun and shield but retain Dept manual)
UMOS on modified requesting restoration:
- Submit request to first dep commissioner through deputy commissioner, Dept advocate.
When a MOS is arrested within NYC:
MOS
- immediately notify arresting authority as a MOS
- promptly notify desk officer, precinct of arrest if arrested by other than NYPD.
Desk Officer
- immediately notify IAB and CO/Duty Captain
- promptly notify operations and include:
A) time and date of arrest
B) place of occurrence
C) present location of member or place where he will available for interview
D) identity of all persons involved in the incident
E) manner in which member became involved
F) sickness or injury of member or other persons involved
G) identity and statement of witnesses
H) title and description of law violated
I) identity of law enforcement agency making arrest
J) specific charges against the member
K) date and location of court appearance of known
L) interim or final disposition of any.
- make entry of notification to operations in telephone record and include identity of captain notified.
When MOS is arrested outside the city:
- Tell of position with NYPD
- call operations and give A - L
- notify your CO without delay.
In all cases of MOS arrested in or out of city, keep CO informed of status of case at least once every 30 days and include:
- adjournment date
- final disposition
- if appeal made
- disposition of appeal
If charges are dismissed, notify CO as soon as possible.
If MOS receives a personal summons for a criminal violation (2 traffic summonses -driving while impaired and leaving scene) they are required to immediately notify their
CO and provide CO with copy.
Upon observing a UMOS who appears unfit for duty due to intoxication:
Supervisory member
- direct member remain at department facility or other location pending the arrival of CO/Duty captain.
- prepare immediately, supervisors fitness for duty report based on observations.
- notify CO/duty captain to respond.
An interrogation conducted after service of charges will be completed at least _____ days prior to the date of department trial except as directed by the deputy commissioner- trials.
10 days
The supervisor in charge of investigation notifies the _______ immediately when MOS is directed to leave his post or assignment to report for an official investigation.
Desk officer
When a MOS wishes to seal all records pertaining to a schedule B CD:
Prepare a 49 to The CO requesting the sealing of schedule B CD on the 3rd anniversary of date of disposition.
When a UMOS who has been found not guilty after a department trial requests to have disciplinary charges sealed:
- Prepare a 49 to CO advocates office direct, 2 years following final decision after trial, include:
Name of MOS, shield and tax, advocate case #, date of final decision by PC. - forward direct to CO, department advocates office.
Record of charges expunged automatically by advocate when charges are dismissed because no violation occurred or based on mistaken identity.
Exonerated and unfounded are automatically sealed by IAB off CPI but are still made available to : IAB, legal bureau and employee assistance.
When a UMOS is suspended or placed on modified assignment, or when a police surgeon believes a UMOS is unable to properly safeguard his firearms:
Ranking officer (Sgt and above)
- obtain all pistols, revolvers, shield and ID card.
- deliver above to PCT where surrender order given
- question UMOS regarding additional pistols and revolvers.
- direct UMOS on restricted duty to report to shield ID unit to obtain new ID card.
Desk officer (command where order given - Pct of surrender)
- call UMOS command and request check of force records for other weapons listed.
- arrange to obtain other pistols or revolvers. (Have Pct where guns located delivered to command of investigation or members command)
- call medical division sick desk and obtain firearms removal #
- have voucher for firearms say “not to be returned unless approved copy of removal restoration report is presented”
- prepare rival/restoration report and send guns to PCI to Boro property clerk by messenger
- send shield and ID to shield, ID desk by messenger by next business day with 1 copy of removal form.
- All other property stays at member’s command