Regulations 26/Discipline , Charges

Question 1

Charges may be preferred by ONE MEMBER AGAINST ANOTHER, or Civilian against a member .

Answer 1

Charges also initiated by BITS OR IG

-Individual instituting charges is complainant and member against whom charges are against respondent

Question 2

Charges prepared and forwarded with endorsements to BITS within 10 days, unless delayed due to unusual circumstances

Answer 2

Charges cannot be served on RESPONDENT until approved by BITS
-after review and approval by BITS, charges will be returned to unit for service

Question 3

Charges prepared and signed by immediate superior officer on duty where respondent is working at the time of alleged violation

Answer 3

When respondent is OFFICER, charges prepared by next ranking officer having jurisdiction over the unit, where respondent is working at the TIME OF VIOLATION

Question 4

Officer preparing charges must forward via CHAIN OF COMMAND…if respondent is NOT under regular command of OFFICER preparing the charges, COPY must be send to respondent’s unit.

Answer 4

OFFICER PREPARING CHARGES MUST IMMEDIATELY NOTIFY RESPONDENTS UNIT BY TELEPHONE

-Officer preparing charges must immediately obtain supporting statements in writing , signed by the witnesses and forward them with charges to BITS

Question 5

Officers on duty, when actions of members under their command are subject to charges, PROMPTLY TELEPHONE the BC on duty, BC MUST IMMEDIATELY INVESTIGATE

Answer 5

A member who has been arrested or is under investigation for a criminal offense , may not be questioned except at the direction of the IG

Question 6

Charges prepared on BP -115

Answer 6

if the alleged act or omission is in violation of more than one section of the regulations, a separate charge must be prepared for each section violated

Question 7

Charges prepared in duplicate with original sent to…

Answer 7

BITS

Question 8

Absence without leave.

Answer 8

charges forwarded for absence without leave:
A. name, rank, group number
b. actual period of time (hours and minutes )member was absent WHILE requiring to be on duty
C. type of duty that member was absent from
D. Reasons for absence
E. Overtime incurred by replacement

-if respondent acknowledges the absence and reasons therefore , this report must be singed by the respondent and witnessed by the complainant

Question 9

Trial notice must be served on the respondent at least 10 days before time se for trial , unless respondent waives such notice or applies, or has applied for, service retirment

Answer 9

Officer ON DUTY, upon receipt of charges or trial notice, is responsible for the service of the document upon the respondent, and must make ENTRIES in the company journal

-if CHARGES OF TRIAL cannot be served upon the respondent personally within 72 hours after receipt , or in cases of continued absence without leave, the oFFICER MUST PROMPTLY NOTIFY BITS

Question 10

After the service of charges and BEFORE trial, a pre trial conference will be held .

Answer 10

Respondent may have uNION rep present

complainant (if other than BIT member may also be present)

PRE TRIAL conference: informal meeting at which charges are discussed..at of conference or 2 weeks thereafter, the presiding officer will determine if charges have been sustained …WRITTEN notice will be distributed to all parties (commissioner approval )

RESPONDENT has 1 week to accept or reject charges after receiving notice of determination…if he accepts the reccomended penalty , a settlement agreement including a waiver of the right to trial, will be executed within one week after RECIEVING the notice of determination

if Respondent rejects or fire commissioner disapproves, matter will be set for trial before the NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS

Members who are witnesses will be notified by the BITS, when required to appear for trial preparation and at trial

Members suspended from duty may NOT appear in uniform, they must promptly return official badges , insignia and all other Dept. property to the officer on duty in their unit…BADGE DESK NOTIFIED ASAP that the member’s badge and I.D. card have been returned….such property is retained by COMMANDING OFFICER units suspension is lifted

**if member doesn’t return BADGES, insignia , and all DEPT. PROPERTY within 72 hours, BITS must be notified