Header:
NEW YORK CONSOLIDATED LAW SERVICE
UNCONSOLIDATED LAWS
MUNICIPALITIES
CHAPTER 143. POLICEMEN IN CITIES, COUNTIES, TOWNS AND VILLAGES
Date:
08/31/2009
Document:
ยง 1. [Three platoon system established; rules; hours of employment]
a. Within thirty days after this act takes effect, the commissioner of police, superintendent of police, chief of police, or other officer or officers, having the management, control or direction of the police force of any city of the first or second class in this state, (except the City of New York Police Department and the City of Syracuse Police Department) shall divide the lieutenants, sergeants and patrolmen of such force (but not including the detective sergeants) who may be on duty in the open air, on the streets, or other public places of the city, into three platoons. No one of such platoons nor any member thereof shall be assigned to more than one tour of duty; such tour of duty shall not exceed eight consecutive hours of each consecutive twenty-four hours and no platoon or member thereof shall be assigned to more than forty hours of duty during any seven consecutive day period, excepting only that in the event of strikes, riots, conflagrations, or occasions when large crowds shall assemble, or other similar emergency, or on a day on which an election authorized by law shall be held, or for the purpose of changing tours of duty, so many of said platoons, or of the members thereof, may be continued on duty for such hours as may be necessary. Within thirty days after this section as hereby amended takes effect, the commissioner of police, superintendent of police, chief of police, or other officer or officers, having the management, control or direction of the police force of any other city and of each county, town or village having a police force of not less than four members, and of each police force of any commission or other agency of a county having a police force of not less than four members, shall not assign any patrolman thereof who may be on duty in the open air, on the streets or other public places to more than one tour of duty; such tour of duty shall not exceed eight consecutive hours of each consecutive twenty-four hours and no patrolman shall be assigned to more than forty hours of duty during any seven consecutive day period; except in an emergency as described in this section or for the purpose of changing tours of duty.
b. Each such uniformed member after having served one year in the said police force or service, shall be allowed an annual vacation of not less than fourteen consecutive days without diminution of salary or compensation as fixed by or pursuant to law. During an emergency, as herein defined, the annual vacation provided for herein may be withheld, and the length of a day's work, and the nature of the duty whether patrol, reserve or emergency duty shall be determined by the local authorities.
c. Upon cessation of such an emergency each uniformed member from whom, during such an emergency, a vacation or a portion of a vacation shall have been withheld shall receive within six months from such cessation a leave of absence with pay commensurate with the number of days of such vacation withheld.
d. In the city of New York, the police commissioner, and in the city of Syracuse, the chief of police, shall promulgate duty charts for members of the police force which distribute the available police force according to the relative need for its services. This need shall be measured by the incidence of police hazard and criminal activity or other similar factor or factors. No member of the force shall be assigned to perform a tour of duty in excess of eight consecutive hours excepting only that in the event of strikes, riots, conflagrations or occasions when large crowds shall assemble, or other emergency, or on a day on which an election authorized by law shall be held, or for the purpose of changing tours of duty so many members may be continued on duty for such hours as may be necessary. No member shall be assigned to an average of more than forty hours of duty during any seven consecutive day period except in an emergency or as permitted in this subdivision or for the purpose of changing tours of duty or as otherwise provided for by law.
e. The commissioner of police, superintendent of police, chief of police, or other officer or officers, having the management, control or direction of the housing police service of the New York city housing authority, shall promulgate duty charts for members of such force or service which distribute the available force or service according to the relative need for its services. This need shall be measured by the incidence of police hazard and criminal activity or other similar factor or factors. No member of such force or service shall be assigned to perform a tour of duty in excess of eight consecutive hours excepting only that in the event of strikes, riots, conflagrations or occasions when large crowds shall assemble, or other emergency, or on a day on which an election authorized by law shall be held, or for the purpose of changing tours of duty so many members may be continued on duty for such hours as may be necessary. No member shall be assigned to an average of more than forty hours of duty during any seven consecutive day period except in an emergency or as permitted in this subdivision or for the purpose of changing tours of duty or as otherwise provided for by law.
f. The chief of police, or other officer or officers, having the management, control or direction of the uniformed transit police force of the New York city transit authority, shall promulgate duty charts for members of such force which distribute the available force according to the relative need for its services. This need shall be measured by the incidence of police hazard and criminal activity or other similar factor or factors. No member of such force or service shall be assigned to perform a tour of duty in excess of eight consecutive hours excepting only that in the event of strikes, riots, conflagrations or occasions when large crowds shall assemble, or other emergency, or for the purpose of changing tours of duty so many members may be continued on duty for such hours as may be necessary. No member shall be assigned to an average of more than forty hours of duty during any seven consecutive day period except in an emergency or as permitted in this subdivision or for the purpose of changing tours of duty or as otherwise provided for by law. In making assignment to the aforementioned tours of duty, volunteers for said tours of duty shall have priority and shall be taken in order of seniority. As vacancies occur in said tours of duty, such vacancies shall be filled with volunteers on the basis of seniority. If sufficient volunteers are not available to fill the aforementioned promulgated tours of duty, the chief of the department shall have the right to assign low seniority members where consistent with the needs of the department to perform such tours of duty.
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