211- Court Appearance

Question 1

An UMOS will appear in court wearing uniform if assigned to uniform, except if,?

Answer 1

OSCAR

Off-Duty
Sick
CO Authorizes plain clothes
Arraignment deferred or hold over prisoner
Restricted Duty (Pregnancy)

Question 2

Who will contact the DA’s Office when informed by roll call that an MOS is scheduled to appear in court on an RDO, other than a short date (appearance next day, or Friday notification for Monday)?

Answer 2

Operations Coordinator

Ascertain necessity for RDO appearance and try to reschedule for another date.

Question 3

Who will umos notify when judge adjourns a case to a date conflicting with schedule time off?

Answer 3

UMOS

1. Inform judge of RDO and request another day
2. Informa Boro Court Section Supv assigned to police room of scheduling

Question 4

Who will a MOS notify when intending to testify, or make a statement before a govt or private agency, in an official capacity, or provide character, opinion or expert testimony?

Answer 4

Police Commissioner

MOS, prepare a written request on 49 in triplicate addressed to Police Commissioner, include synopsis of subject matter.

Request must be forwarded no later than 5 days before date of testimony. If unable to comply, must notify PC Office or Legal Bureau by telephone.

Question 5

When will an UMOS be excused from appearing at TVB Court?

Answer 5

SAVES CMD

Sick
Arrest by UMOS
Vacation
Emergency (disorder, mobilization)
Separation from Dept. (Resigned, retire)

Conflicting court appearance
Military leave
Death in family

Note: Affidavit of No Recollection/Separation From Service must be prepared EACH time a retired/no longer in service MOS appears on a Police Appearance List for TVB.

UMOS will Notify the ICO when hearing scheduled involves a summons issued 10 years or more prior to hearing. Request Affidavit No Recollection be prepared.

ICO
Ensure Roll Call personnel print and post Police Appearance Listing, DAILY.

*1st Platoon reports to TVB at 0800 (notify command when finished)
3rd Platoon reports at 1415 and must return to command
All in business attire, no portal to portal compensation.

Question 6

When will the ICO notify IAB regarding a TVB appearance?

Answer 6

1. MOS has 1 or more substantiated unprepared violations at TVB in previous 12 month period
2. Corruption or Misconduct suspected
3. Investigation reveals:
   A. TVB wasn’t notified MOS was unable to appear (roll call messed up)
   B. Reason for non-appearance wasn’t (SAVES CMD)
   C. MOS has 1 or more previous unauthorized non-appearances at TVB
   In the previous 12 month period.

Question 7

How long does an MOS have to forward documents to CCRB?

Answer 7

10 days within date of receipt.

Forward to IAB, Management Resource Section.

Question 8

How can an MOS (uniform or civilian) request formal legal advice in situations arising from performance of duty?

Answer 8

MOS
1. Present Facts to Supervisor

Supervisor

1. Determine necessity
2. Direct member to contact Dept Attorney between 0700x2300 M-F, in person or by telephone.

MOS
1. Confer with attorney and report results to supervisor

Supervisor
1. Make Command Log Entry made

Question 9

How will a summons and complaint be served and processed to an MOS at the member’s command?

Answer 9

DO/Supv at Command
1. CLE with date/time served at command
2. Notify member immediately and deliver papers to member.
If member unavailable (due to sick leave, vacation), give to CO. If no CO, then
Give papers to XO.
3. CLE when MOS received papers

Note: Do not accept Summons/Complaint from a Process Server for an MOS no longer assigned to the command. Direct them to new command.