N.Y. Police Certain Municipalities 360/11 § 1: No title

Chapter 360 of the laws of 1911

Police in certain municipalities

Section 1. 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.