206 "Discipline"+207-21,22,31 "CCRB/Corruption reporting" Flashcards
4 318-02 - Issuance of Schedule A and Schedule B Command Disciplines
(5/29/22)
When a supervisory MOS observes or becomes aware of a violation of the rules or procedures by a MOS in a lower rank:
Supervisor Member -Conduct investigation. Prepare Supervisor’s Complaint Report/Command Discipline Election Report, if necessary.
The Supervisor Member Notify violator if preparing Supervisor’s Complaint Report/Command Discipline Election Report. Notify Desk Officer of _____ and Obtain next serial number from the __________.
Desk Officer (Desk Officer, command where member who committed the violation is assigned) D.O Make required entries in Command Discipline Log.
Supervisor Member Submit the CD (ORIGINAL) to ___________ of UMOS, and provide a copy to _________.
UMOS Notify CO, in writing, on Supervisor’s Complaint Report/Command Discipline Election Report of the option elected within ______ days of the CO/XO’s decision.
MOS may Accept finding and proposed penalty, or Accept finding but appeal proposed penalty, or Elect formal charges and specifications.
Remember a Command Discipline is available to the C.O/X.O only, and ONLY C.O/X.O can “initiate” a CD. Supervisors merely report the violation, they don’t administer the CD!
Member’s command
CD log
Submit CD to C.O of subject member!!!
Provide copy to own C.O (If different)
3 working days
5 318-01 Command discipline and Authorized Penalties
(5/29/22) skip skip
The MOS receiving a command discipline can have only 1 line organization representative present and once adjudicated the MOS has ___________ days to notify ____, in writing, on REPORT of option elected on rear of CD.
(Member can accept findings and penalty OR Accept findings but APPEAL penalty to _________ OR Decline to accept finding and proposed penalty and have matter resolved through charges and specs)
If Member accepts findings and declines proposed penalty for command discipline generated by “ Investigate Unit/ Dept Advocate’s Office”
The ____________ must enter relevant info in to citywide command discipline system within _________ days of issuance
He must also enter adjudication information within __________ of adjudication.
If WAN is down the ICO/Assistant enters data at ______________
The departments citywide command discipline system is utilized to track issuance of command disciplines throughout the department by the ___________ (206-18)
3 working days
C.O/X.O’s decision
Command discipline review board (cop accepts findings, declines penalty!)
ICO/Assistant ICO within
5 WORKING DAYS of issuance
5 WORKING DAYS of adjudication!
Next higher command (BORO)
DCEEO ( Deputy Commissioner, Equal Employment Opportunity)
(*REMEMBER, in regards to 206 and CD’s everything is done in “WORKING DAYS, also note the “NEXT HIGHER COMMAND” is rare and only comes up in a few places-This is one of them-And the next higher command is the BORO)
5 318-01 Command discipline and Authorized Penalties
(5/29/22) new
Penalties for a Schedule B may be one of the following:
- Warning and admonishing verbally.
- Warning and admonishing in writing, copy to be filed with the papers.
- Changing assignment within the command either for a fixed period or indefinitely.
- Revocation of permission to engage in outside employment for a fixed period of time, not to exceed 30
days, if the violation is related to the outside employment.
- Restrict out-of-command assignments, which pay “portal-to-portal” and overtime for a fixed period, not to
exceed 5 such assignments.
- Forfeiture of up to _____days vacation or accrued time.
The following are schedule B CD’s:
SODA FRAP AU( new)
10
- Shield loss
- Other Violation which opinion by C.O/X.O after notification to Patrol boro adjutant and consultation w/ Dept Advocate is appropriate.
- Dept prop loss (NOT ID/smart phone(new))
- Activity log loss
- Failure to give name/shield
- Radio run failures & Failed to report radio code
- Alcohol in dept facility
- Prisoner safeguard failure
- Any Force , Abuse of Authority, Discourtesy and Offensive Language (FADO) Violation that in the option of CCRB or NYPD is appropriate
- Unauthorized Radio Transmissions and use of a Dept Vehicle
5 318-01 Command discipline and Authorized Penalties
(5/29/22) new
Schedule A Command Discipline
Schedule A is non-judicial discipline that can be issued by a CO/XO for “ANY MINOR VIOLATION ”, not specifically listed as a Schedule A, in order to correct deficiencies.
- Example of minor violations (i.e., absence from post or assignment, improper uniform, etc.) are listed in the
NYPD Disciplinary System Penalty Guidelines, available on the Department Intranet.
Penalties for a Schedule A may be one of the following:
- Warning and admonishing verbally.
- Warning and admonishing in writing, copy to be filed with the papers.
- Changing assignment within the command either for a fixed period or indefinitely.
- Revocation of permission to engage in outside employment for a fixed period of time, not to exceed thirty
days, if the violation is related to the outside employment.
- Restrict out-of-command assignments, which pay “portal-to-portal” and overtime for a fixed period, not to
exceed five such assignments.
- Forfeiture of up to ______days vacation or accrued time.
When it has been determined that disciplinary action should be taken for the loss of OR failure to safeguard a firearm, a consultation with the ____________ will be made to determine appropriate disciplinary actions.
(Loss of firearm is NOT automatically a schedule B CD HOWEVER loss of shield is an automatic Schedule B CD)
REMEMBER LOSS OF ID CARD OR Dept issue Smart Phone A schedule _______ CD
- *SCHEDULE C COMMAND DISCIPLINE**
- A Schedule C is adjudicated by the Department Advocate in lieu of Charges and Specifications for situations in which there are no significant aggravating factors or additional misconduct.
- A Schedule C carries a penalty of up to ______days.
5
Dept advocates office
Schedule A CD
20
5 318-01 Command discipline and Authorized Penalties
(5/29/22) skip skip
-Warn and admonish verbally or in writing.
-Change assignment within command for a fixed period or INDEFINITELY.
(So you can get kicked off a team indefinitely!, makes sense)
- Take up to _______ for A CD. Up to ________ for B CD.
- Revoke outside employment for fixed period up to (not to exceed) ____ days ONLY if _____________
- Restrict out of command assignments that pay portal to portal and OT for a fixed period NOT TO EXCEED ___ assignments.
5 days for A CD
10 days for B CD
30 days
IF violation is related to that outside employment.
Not to exceed 5 assignments
206-05 Preparation of charges and
specs (11/28/21) SKIP SKIP
Sgt DOES NOT request charges when they suspend UMOS (C.O does)
HOWEVER
Sgt can request charges for CMOS (unless AWOL-cause we don’t give a shit if they’re missing)
(Remember if cop rejects findings AND penalty of a command discipline it will be resolved through charges and specs)
When a violation is inappropriate for a Schedule “A” or “B” CD OR the DAO determines that a Schedule “C” CD may be suitable ( only DAO can direct the issuance of schedule of “ C “ CD) or when CD is declined.
The Assigned supervisor should consult with _____________ regarding the alleged misconduct and to obtain verbal approval of “Charges and Specifications”
Then provide DAO with 2 copies of investigative file that the charges and specs are to be based on.
Supv preferring charges then does a 49 addressed to ______________ requesting charges and hands 49 to _____
After charges and specs approved the supv preferring charges should telephone IAB for a new log # (enter charges and specification) AND also obtain bureau/command serial # IF Applicable(enter charges and specification)
Supervisor preferring charges will advise the respondent that he/she is subject of Charges & Specification and obtain the Name, Address and Telephone # of Respondent’s attorney and then provide to _________.
Have member of the service preferring charges and specifications SIGN the Original Charges and Specifications.
Original 49 (Typed letterhead) must also then be Dated & Stamped and forwarded original charges and specification to next higher command within __________ of suspension by supv preferring charges
“Charges and Spec against suspended Member”
-When MOS has been suspended , C.O/Supervisor MUST immediately forwarded Copy of Report 49(Typed letterhead) to___________ DIRECT. And Also the report has to be FAXED to the DAO, ATTN :_____________.
205-06
Have Respondent sign and return the original copy to the person serving the Charges and Specifications. Have available and Provide to ___________personnel for( Chart/Squad, vacation and military Schedule).
Departments advocate office
First deputy commissioner
Dept advocates office
Dept Advocate’s Office
48 hours
DAO
DEPT Advocate’s Office, Charges Unit.
206-06
Dept advocate’s Office personnel
5 318-05 Cause for suspension or modified assignment (5/29/22)
- CMOS may only be suspended.
- UMOS may be suspended or modified.
A Sargent must suspend MOS, uniform or civilian for______ (DOG CAR 2Arrest)
Captain and above MAY suspend or modify!
- A CAPTAIN or above MAY place a UMOS on modified assignment or suspension when a member: IC CUP +
- I-indicated by a grand jury.
- C-charged with an offense.
- C-charges And Specifications (served with), alleging serious misconduct.
- U-unfit for duty due to the effects of an intoxicant or drug or after effects thereof.
- P-patronizes an unlicensed premises (neighborhood tavern or restaurant with an expired/suspended
license) where the only apparent illegal activity is the sale of alcoholic beverages, except in the
performance of duty. - Has participated in an act of serious misconduct, and the ranking officer in-charge of investigation
determines that disciplinary action will be taken, or is being contemplated.
- Has participated in an act of serious misconduct, and the ranking officer in-charge of investigation
**Re-Suspended** A MOS (uniformed or civilian) presently on suspension, or a UMOS on modified assignment pursuant to the above (DOG CAR or I CUP+) MUST be re-suspended or suspended, as applicable, for any subsequent violation of the subject steps.
Dole test refusal
Order refused(roll call or duty)
GO 15 refuse
Club (patronize/associate/interest in GDASS club)
AWOL 5 consecutive tours
Roll call assignment refused
-is arrested for NYS Penal Law crime(or analogous federal crime or criminal statute of another state) or
- is arrested for NYS Vehicle and Traffic Law 1192,sub “2” through “4-a”(or analogous statute of another state)
5 318-06 Suspend a UMOS
(5/31/22)
When a UMOS is suspended the ranking officer in charge should inform member concerned of suspension and reason for suspension. Should also direct member to surrender ALL dept property such as Department issued smartphone, tablet, Body-Worn Camera, portable radio and all revolvers/pistols owned or possessed. Should then direct member to report in person to resident pct every ___________ IF NOT ON _________
** (captain and above will report to resident borough command).**
Member who reside Putnam,Orange,Westchester,Rockland Counties will report to ________PCT.
Nassau and Suffolk will report to _______PCT.
However also inform suspended member they may request waiver of reporting requirement by submitting “agreement to accept service of notice” at ____________ OR _____________.
** If suspended member prepares Agreement in RESIDENT precinct:
- Desk Officer, resident Precinct must telephone the Department Advocate’s Office, Trial Calendar Unit for
approval of the request.
Under no circumstances will Agreement to Accept Service of Notice be granted without prior approval
from the Department Advocate’s Office.
** Desk Officer makes an entry in the Telephone Record.**
UMOS should surrender all dept property and all pistols/revolvers owned or possessed. UMOS should NOT wear uniform while suspended.
The ranking officer in charge then enters facts concerning suspension in ___________.
Ranking officer in charge notifies _________________ (4notifications).
(NO IAB LOG#!!!)
The _________ prepares charges and specification for suspended member.
*Requires 49/REPORT be immediately forwarded DIRECT by ranking officer in charge TO First Deputy Commissioner, Deputy Commissioner-Trials, COD, Chief of Personnel,Dept Advocate , IAB CC and Member’s CO. Forward an additional copy of report to First Deputy Commissioner (THROUGH CHANNELS).
Supv on duty operations unit inform ranking officer in charge that Charges and spec must be forward within _____hours of the suspension
(208-37 UMOS domestic violence, D.O should send send copy of 49 to ________ if guns are removed)
Mon, Wed, Fri 0900
SICK REPORT!
50th PCT
105PCT
Resident pct OR Department advocate office
Command log
- Resident pct ((if below rank of captain or resident Borough command if captain or above.)
- IAB command center
- Command of MOS
- Operations (supv)
C.O
48
C.O personnel orders division (if guns removed)
5 318-06 Suspend a UMOS
(5/31/22)
The D.O of RESIDENT PCT where suspending UMOS is reporting (every mon, wed, fri) should direct member to prepare “visit report” in his presence.
D.O of resident pct must make command log entry, and complete “visit report” in “witnessed by” section, and submit visit report to __________
(Member prepares “visit report”! D.O makes CLE and completes “visit report”!!!)
A uniformed or civilian member of the service under suspension who desires to be restored to duty
or a uniformed member under suspension who desires to be placed on modified assignment will
submit a request to the ________ THROUGH the __________
When a UMOS, in the rank of SERGEANT AND ABOVE , is being suspended the following provisions shall be applied. The member shall be suspended with pay until the following Sunday. Commencing at 0001 hours on that Sunday, the member shall be on suspension without pay. The suspension without pay will continue in full week (Sunday to Saturday) increments. The minimum suspension without pay shall be for one full week. The maximum time shall be _____ full weeks.
The member shall always be returned to duty on a Sunday at 0001 hours.
UMOS who are on “Suspended With Pay” status must submit a ____________ when required to appear in court as a defendant in a criminal case on a date they were scheduled to report to the IAB
Such court appearances shall be made on regular days off or with an approved LEAVE OF ABSENCE REPORT.
ICO
First Deputy Commissioner through the Department Advocate’s Office.
Four full weeks
LEAVE OF ABSENCE REPORT
2 318-07 - Suspension from Duty – Civilian Member of the Service
(5/31/22)
Ranking Officer in Charge
- Inform member concerned of suspension from duty and reason.
- Direct member to surrender ALL Department property.
1) Have ID CARD and shield, when applicable, hand delivered with Typed Letterhead to the Shield, ID and Uniform Services Unit by next business day and obtain receipt for file in command.
2) Have other Department issued property safeguarded at command (e.g., Department issued smartphone, tablet, radio, keys, headsets, etc.), as applicable.
Ranking Officer in charge Notify member concerned that charges are to be preferred and will be processed in normal manner. And also Supervise preparation of charges
Ranking Officer in charge Enter facts concerning suspension in Command Log.(new)
(NEW)
SUPERVISOR ON DUTY OPERATION UNIT inform Ranking Officer in charge that “ CHARGES AND SPECIFICATIONS “” MUST be forwarded within _______hours of Suspension.
Ranking officer in charge notifies _____________ (3 notification). Ranking officer in charge also directs civilian not to wear uniform or part of uniform while under suspension.
Requires only ONE 49 to first dep WITHIN 24 hours and _________ DOES NOT get copy for CMOS getting suspended (COD, First deputy commissioner, deputy commissioner of trials, Member’s C.O, IAB CC, DAO also get sent 49)*
48hours!!!
- IAB Command center
- C.O!(Civilian Member’s C.O/Counterpart) if not Present FOR UMOS ITS CMD OF MEMBER)
- Operations Unit (FOR UMOS IS OPERATIONS SUPV)
Chief of personnel
1 318-08 - Modified Assignment
(5/31/22)
Firearms may be removed from a UMOS for:
- Disciplinary reasons,
AND
- Non-disciplinary reasons.
1) When a firearms removal is based on non-disciplinary factors, the ranking officer directing the removal
will comply with the applicable provisions of A.G. 330-1, “Temporary Removal of Firearms in Non-
Disciplinary Cases.”
2) In incidents where there is no misconduct and no disciplinary action is anticipated, the member will not
be placed on modified assignment
(A Sargent CANNOT modify anyone! AND CIVILIANS CANNOT BE MODIFIED)
Ranking officer in charge should make a clear photocopy of member’s IDENTIFICATION CARD and
provide the photocopy to member concerned.
Direct the member to utilize the photocopy of their IDENTIFICATION CARD to gain access to One Police Plaza for modified assignment processing to avoid waiting in line with non-members of the Department.
(Uniformed member may retain Department Manual)
Ensure that shield and IDENTIFICATION CARD are hand delivered to the ____________, with appropriate copy of REMOVAL/RESTORATION OF FIREARMS REPORT on the next business day and obtain receipt.
Direct uniformed member to report direct, in appropriate business attire, at 0900 hours on the next business day he/she is scheduled to
work, to the _____________. IF next scheduled tour is not a business day go to assigned command in business attire. (NOT UNIFORM)
UMOS on modified requesting restoration should submit request to __________ THROUGH ______________
(IF MOS is suspended and wants to be restored OR is suspended and wanted to be modified (206-08) request is through dept advocate office HOWEVER if MOS is modified and requests restoration that request is made through deputy commissioner, dept advocate)
A UMOS continues to accrue vacation and is permitted to take vacation or authorized leave if there is no conflict with an appearance at criminal or disciplinary trial
You can still be suspended if you’re modified
“Ranking officer in charge” enter fact concerning modified assignment in command log and Notify -Supv on duty at Operations Unit “Immediately” and IAB CC and obtain log number. Also immediately submit report on typed letterhead direct to-First deputy commissioner (forward additional copy of report through channels) , deputy commissioner Dept advocate, deputy commissioner trial,COD,chief of personnel, CO personnel order division, IAB CC, member’s CO. EMAIL copy typed letterhead to the Personnel Order Division.
Shield, ID and Uniform Service unit
Personnel orders division, assignment section
First deputy commissioner THROUGH
Deputy commissioner department advocate
- 3* 318-13 - Removal and Restoration of Firearms (5/31/22)
- FOLLOW THIS PROCEDURE AFTER YOU SUSPEND A UMOS*
The ranking officer obtains all pistols and revolvers shield and ID card. (NOT rifle/shotgun).
The ranking officer delivers property (guns) to ________
The ranking officer also questions UMOS on additional pistols and directs UMOS to report to ID, Shield and uniform service unit for a new ID.
The _________ should check UMOS 10 card.
(Notify member’s permanent command and request a check of member’s FORCE RECORD to determine if all weapons listed have been surrendered)
D.O pct of surrender should call _________________ and obtain FIREARMS REMOVAL #.
The D.O pct of surrender prepares removal restoration report and send with guns (with PCI attached) to _____________ by ___________.
(Send guns to firearms analysis section (FAS) if circumstances warrant)
Have voucher for firearms say “…not to be returned unless approved copy of _______________ is presented”.
Send shield and ID to ___________ by ___________ with “Removal report”.
ALL OTHER PROPERTY STAYS AT MEMBERS COMMAND
(CONT ON NEXT NOTECARD WITH RESTORING FIREARMS WHEN REASON FOR REMOVAL NO LONGER EXISTS)
Pct of surrender
D.O pct of surrender
Medical divisions sick desk
Boro office property clerk by MESSENGER
Approved copy of removal restoration report presented (part b)
Shield, ID and uniform service unit by MESSENGER
3 318-13 - Removal and Restoration of Firearms (5/31/22)
OK so now you are getting your guns restored and are going back to duty. MOS should obtain ___ copies of “removal/restoration” report from ________________.
Sign PART B and submit removal/restoration report to _________.
Then get your ID back first, followed by your guns. (You need your ID to get your guns)
3 copies
FROM
D.O PCT OF SURRENDER
C.O
- 3* 330-11 temporary removal of firearms in NON discipline case (1/12/22)
- SO NOW WE ARE TAKING YOUR GUNS AWAY FOR MEDICAL OR PSYCH REASONS
- Ranking Officer- Dept Surgeon, UMOS in the rank of ________Or above or other competent authority.
For a NON DISCIPLINE gun removal the the ranking officer in charge should request response of department psychologist, if warranted, through the ___________.
The ranking officer should ascertain if UMOS possesses additional pistols/revolvers/ID card by questioning member directly and by directing D.O command of surrender to check members force record (no need to check for shotguns and rifles for a discipline gun removal).
Ranking officer should deliver surrendered property to command where order of surrender was given.
The D.O of surrender command should notify members command to check 10 card and have pct where guns located deliver them to either subjects command OR command investigation is being conducted.
Medical div. does Firearms removal # and “removal restoration report” at a later time (NO NEED TO WORRY ABOUT THIS FOR EXAM, JUST KNOW THERE IS NO REMOVAL REPORT BY D.O FOR NON DISCIPLINE GUN REMOVAL)
D.O at surrender command should put ID in ______&_____ and place in _______(DO NOT VOUCHER). MOS keep his SHIELD.””
D.O at surrender command for NON-DISCIPLINE gun removal should have firearms vouchered with statement “property of UMOS- not to be returned w/o approval of ________________”.
D.O of surrender command should place firearms, and ID in _________ and seal and make __________
D.O, command of Surrender/Member’s Permanent Command make: return call to Medical Division to verify authenticity of the notification and entry in _______.
- DO of surrender and member’s command notify _______and _______.
- Return firearms and ID card to member and ensure Member reports to the_________ on the next business day and CLE.
- DO must make a Command Log entry each tour the member elects to safeguard their firearms and at the conclusion of each tour the member may deliver their firearms to the DO until the personal problem is rectified.
- (So we DO NOT voucher ID, we just put them in PSE and seal HOWEVER we prepare PCI and voucher firearm. Then we place firearm and ID in pct property locker!)*
Member will remain in possession of their SHIELD when Temporary removal is for NON-DISCIPLINARY REASON.
(CONT ON NEXT NOTECARD WITH RESTORING FIREARMS WHEN REASON FOR REMOVAL NO LONGER EXISTS)
Captain
Sick desk supv
PSE and seal and place in pct property locker (DO NOT VOUCHER)
C.O medical division
Precinct property locker and make CLE
Telephone record
C.O and roll call personnel
Employee Assistance Unit
2 205-47 NON discipline gun removal
Ok so now the medical division decides to give UMOS back his guns.
The D.O at surrender command must make a return call to _______ FOR VERIFICATION and make ___________ entry of verification. (Just in case it was a prank call).
The D.O of surrender command must then notify _________ and _______.
D.O of surrender command should return firearms. Shield and ID to member
D.O must also ensure UMOS reports to _______________ by next BUSINESS day!
(ONLY time in PG employee assistance unit comes up is when MOS is getting his guns back for a non discipline gun removal, D.O ENSURES MOS reports there the next BUSINESS day)
** UMOS may also voluntarily leave firearms voluntarily at command, in which case the D.O makes a C.L.E but does not include reason why/justification of why MOS is leaving firearms at command **
Medical division
Telephone record entry
C.O and roll call personnel.
Employee assistance unit! (I.O)
