318/310 Flashcards
IMF # 1
Commanding officer direct ICO to maintain an integrity monitoring file.
-Document and have on file for review the reason (s) for including a location IN IMF.
AND
-Record all visits and observations
The CO
-DOCUMENT WHY EACH LOCATION IS INCLUDED IN THE IMF
IMF- COMMANDING OFFICER
Determine schedule to be utilized by CO,XO and ICO when making visits to designated off limits locations.
A) Patrol supervisor will make observations by NOT VISITS to all locations as directed by ICO
Direct preparation and maintenance of an INTEGRITY MONITORING LOG for the recording of observations and visits to subject locations
IMF-ICO
ICO
Maintain IMF
Maintain IMF log and record all visits and observations as well as police action directed at identified locations
IMF-COMMANDING OFFICER # 2
Commanding officer evaluate every (6) months the commands IMF for accuracy and relevance
Add/delete locations by forwarding a report on typed letterhead to overhead bureau concerned through channels.
A) indicate reason for addition/deletion
B) include an updated IMF with report
-Prepare (3) copies of updated IMF on March 1st each year and forward to overhead Bureau concerned through channels
A) An accompanying report will be prepared indicating that the commanding officer concerned has reviewed the file and the locations on each list are in conformance with this procedure.
Disciplinary process recusal guidelines
MOS concerned : A familial or personal relationship is discovered while participating in a disciplinary/investigatory natter that may cause an actual or perceived conflict of interest notify:
COMMANDING OFFICER OR XO
Uncertain ? Consult with the Legal Bureau
CO/XO- notify Bureau Chief or Deputy Commissioner for determination of whether recusal is necessary.
CD and authorized penalties
Schedule B CD and Schedule A is non judicial punishment that can be issued by CO/XO for the following violations SPAR DANO
S-SHIELD LOSS
P-PRISONER FAILURE TO SAFEGUARD
A-Alcohol in a department facility/vehicle unless within the scope of assignment
R-Radio call failure to acknowledge
D-Department property loss (except ID card and Smartphone)
A-Name and shield failure to give to person requesting
O-Other deemed appropriate by XO/CO (after notification to the Adjutant and consultation with Dept Advocate
-Unauthorized radio transmissions
-Unauthorized use of Dept vehicle
-Any FADO violation that in the opinion of CCRB or NYPD is appropriate
(310-03) Designation of location for questioning juveniles
Commanding officer concerned: Identify a location in a police or government facility, NOT regularly used for the education or care of children.
-Forward request for designation of location or change of location for questioning juveniles to the Commanding Officer of Criminal Justice Bureau through channels.
Administrative Judge for the family court within the City of New York or designee must inspect proposed location to determine suitability locations will not arbitrarily changed.
Designated locations will be utilized for the sole purpose of accommodating juveniles under 18 years of age whether detained or as a complainant or witness.
(318-02) Issuance of schedule “A” and “B” CDs
Commanding officer :
Advice member that they are entitled to :
A) accept findings and proposed penalty
B) Accept findings but appeal proposed penalty to Command Discipline Review Panel or decline to accept finding and proposed penalty and have the matter resolved through formal charges and specifications.
INVESTIGATE IF ALLEGATION IS SUBSTANTIATED
NOTE: Absent exigent circumstances (extended sick, leave of absence) the CO/XO shell ensure that the above steps are completed within 60 days of the date of issuance.
MOS: MUST render a decision within 3 working days in writing on report.
(318-02) Issuance of Schedule A and B CDs
IF MEMBER ACCEPTS FINDINGS AND PROPOSED PENALTY
- CO enter disposition on supervisory complaint report CD and forward to ICO.
- ICO: ensure that timekeeper makes and verifies adjustments made to member’s time records with payroll management system, as necessary.
NOTE: Within (5) working days of the adjudication of a command discipline the ICO, Asst ICO/other authorized member shall complete all system entries pertaining to the adjudication of the command discipline.
Within (5) working days of the completion of the adjudication entries by ICO, Asst ICO/ other competent authorized members the CO/XO shall be responsible to review the command discipline record and finalize (sign-off) the record in the in the Citywide Command Discipline System to verify that it is accurate and complete.
(318-05) MUST SUSPENDED IF ASPOT GDASS + 2 ARREST
A- AWOL 5 consecutive tours
S- Submit to a drug screening test (refuses)
P- refuses to PERFORM assigned duties at roll call or during tour of duty
O- Refuses to obey lawful order by ranking member
T - Answer questions specifically directed and narrowly related to the performance of official duties after being directed by a raking member (refuses)
Has an interest in or association with or patronizes :
G- Gambling_Drug_After hour_Social club_Smoke Shop (except in performances duty)
2 arrest
- NYS PL crime ( federal crime or criminal statute of another State )
- NYS VTL 1192 ( or analogous statute of another State )
(318-05) Cause for modification
A Captain or above may place a UMOS on modified assignment or suspension when IC CUP+ :
I-Indicted
C-Charged with an offense
C-charges served (serious misconduct)
U-Unfit for duty
P-Patronize an unlicensed premise ( only apparent illegal activity is the sale of alcoholic beverages, except in the performance of duty.
+Serious misconduct ranking officer in charge of investigation determines disciplinary action will taken/contemplated.
(318-05) Cause for suspension ADD DATA
Add data:
The office of Deputy Commissioner Legal Matters will be available for questions related to Law and the Department Advocate will be available for advice on procedures for suspension or modified assignment. However the decision to suspend or place a UMOS on modified assignment will rest with the filed commander.
(318-15) Orders of protections served on MOS
INTIAL INVESTIGATION
CO/DUTY CAPT: prepare a report on typed letterhead to the Deputy Commissioner IA FORWARD COPIES TO :
First Deputy Commissioner Chief of Personnel CO, ERS CO, Investigation unit concerned CO, member concerned if applicable CO, Performance Analysis Section
Member is subject of a final order of protection prohibiting firearms possession at all times.
Types letterhead goes to the Chief of personnel forward to :
First Deputy Commissioner
CO, ERS
CO, Investigation unit concerned
CO, Performance Analysis Section
CO, member concerned if applicable
Direct member to report to ERS if the final Order of protection will continue for greater than (6) Months
(318-15) WHEN A UMOS IS NOTIFIED (OOP)
UMOS: notify commanding officer immediately
A) if command is not open notify IAB CC, and obtain log # and Ops unit
INTIAL INVESTIGATION OF AN ORDER OF PROTECTION SERVED ON MEMBER
CO/DUTY CAPT: notify IAB,CC and obtain log # bureau/borough investigation unit, to respond and assist
Conduct investigation to determine if there is basis for firearm removal.
A) place UMOS on modified assignment if order of protection prohibits firearms possession at all times or if otherwise appropriate.
B) if OOP PROHIBITS firearms possession while off duty only member is not placed on modified duty.
(318-14) Citywide CD system
Commanding Officer:
Forward report on typed letterhead to Deputy Commissioner, Department Advocate requesting access to the command discipline system for authorized UMOS email copy of signed report on typed letterhead to CCO@NYPD.org
CO/XO: review and verify command discipline record in the CD system for completeness and accuracy within (5) working days of completion of adjudication entries.
