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.
§ 2. The tours of duty of sergeants, roundsmen, patrolmen, (not
including detective sergeants) on duty in the open air, on the streets
or other public places of a city of the first class or a city of the
second class shall be changed at least once in each calendar month.
Provided, however, that in cities of the first and second class which on
December thirty-first, nineteen hundred and ten, had in force and
operation a three platoon system, the tour of duty of such platoons and
each member thereof, and the manner of changing such tours of duty may,
at the election of the local authorities, having the management, control
or direction of the police force, be and continue as the same were in
force and in operation on said December thirty-first, nineteen hundred
and ten.
§ 3. Policemen, while on reserve duty as mentioned in the first
section of this act, shall not be required to render any service except
in case of an emergency, and shall be free to retire for sleep during
reserved duty in their station house, subject to call in case of an
emergency. For the purpose of this act, an emergency shall be defined as
enumerated in section number one of this act.
§ 4. Any 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, (excepting such cities which on December thirty-first,
nineteen hundred and ten, had in force and operation a three platoon
system) who shall fail to divide such force into three platoons within
the time prescribed in section one of this act shall be deemed to have
forfeited his office and, upon the written petition of any citizen of
the city in which such violation took place, must be removed therefrom
by the supreme court of the judicial district within which such city is
contained. A copy of such petition must be served upon the officer
accused and he shall have the right to appear and to give evidence and
to be heard in his defense.
§ 5. Any 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, and any inspector, captain, lieutenant, sergeant or
roundsman of the police force of any such city, who shall violate any of
the provisions of this act shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished as prescribed by law.
§ 6. All general or special laws inconsistent with this act, or with
any part thereof, are hereby repealed. Provided, however, that this act
shall in no manner affect any provisions of such laws concerning
furlough or leave of absence of policemen or exempting patrolmen from
obligation to wear uniform when not on actual duty.
Last modified: February 3, 2019