38 RCNY § 13-01 Appointment.
§ 13-01 Appointment.
(a) Pursuant to New York City Administrative Code § 14-106, the Police Commissioner may appoint Special Patrolmen upon application by individuals whose employers demonstrate need for such appointment.
(b) Applications for appointment as Special Patrolman from employees, properly endorsed by the following agencies or institutions, shall be given consideration:
(1) City and state governmental agencies.
(2) Housing complexes.
(3) Hospitals, cemeteries and social welfare agencies.
(4) Educational and cultural institutions, schools, libraries, museums, etc.
(5) Financial institutions and business entities.
(6) As deemed appropriate by the Police Commissioner.
(c) Special Patrolmen are appointed in connection with special duties of employment, and such designation confers limited Peace Officer powers upon the employee pursuant to New York State Criminal Procedure Law § 2.10(27). The exercise of these powers is limited to the employee's geographical area of employment and only while such employee is actually on duty. Such duties of employment may include:
(1) Issuing of summonses; or
(2) Making arrests and issuing desk appearance tickets; or
(3) Controlling crowds and maintaining order in governmental or public buildings.
(d) Special Patrolman designations shall be renewed every two years upon a showing, to the satisfaction of the Police Commissioner, of continuing fitness of the employee, continuing necessity by the employer, i.e., that the duties and responsibilities of the positions require the special powers conferred by the New York City Administrative Code and New York State Criminal Procedure Law.
(e) To be eligible for appointment as a Special Patrolman, an applicant shall be of good character, as more specifically defined in these rules, cooperate in a background investigation by the License Division of the Police Department and possess the following qualifications:
(1) A citizen of the United States and resident of the City of New York unless exempted by law.
(2) Presently employed or about to be employed for the purpose of performing duties as specified in 38 RCNY § 13-01(b) above, within the City of New York for an employer approved by the Police Department. Appointments are made for the benefit of the employing agency, institution or business entity, at whose request the appointment is made, and the duration of the appointment shall be coterminous with such employment.
(3) No record of convictions for any felony or serious offense as enumerated in § 265.00(17) of the New York State Penal Law. If an applicant presents a Certificate of Relief from Disabilities for a conviction as aforesaid, consideration shall be given to the circumstances of the underlying arrest, the age of the applicant when arrested, the time elapsed since the occurrence of the act which led to the arrest and conviction, and the subsequent conduct of the applicant.
(4) Be at least 21 years of age at the time of appointment.
(5) If discharged from the military service, it shall not have been dishonorably.
(6) Not possess a condition or disability which, even with reasonable accommodations, would prevent the performance of the essential functions of Special Patrolman.
(f) In addition to the above, applicants for Special Patrolman designation may be disapproved by failure to meet character requirements as disclosed by a background investigation. This determination shall be based upon a review of the circumstances of previous arrests, employment records, mental history, reports of misconduct reflecting on character as referred to above, and any other pertinent records or information.
(g) An applicant may be disapproved if a false statement is made on the application.
(h) All applicants shall be fingerprinted upon the filing of the application on forms provided by the License Division. A processing fee, required by the New York State Division of Criminal Justice Services, shall be paid at the time the applicant is fingerprinted, by a money order payable to the N.Y.S. Division of Criminal Justice Services. An application fee shall also be paid at that time, by certified check or money order made payable to the N.Y.C. Police Department. The following items of information shall be provided by applicants: Court disposition of any arrest in which Police Department records do not indicate a final determination; two color photos 1 1/2 × 1 1/2 inches, front view, taken within the past thirty (30) days; certified copy of birth certificate; certified copy of DD214 and military discharge; proof of residence; if foreign born, naturalization certificate; handgun license or rifle/shotgun permit if applicable; driver's license or New York State Department of Motor Vehicles identification card. All application forms shall be typed and notarized, and co-signed by the employer's Chief of Security. The Special Patrolman Section shall be notified at least three (3) business days prior to any scheduled appointments if the applicant is unable to appear.
(i) During the pendency of the application, the applicant shall notify the License Division of any necessary correction to or modification of the information provided in the original application, or any change in her/his status or circumstances, which may be relevant to the application.
(j) An employer seeking approval to employ one or more Special Patrolmen shall be evaluated utilizing the following criteria:
(1) Demonstrated need for Special Patrolman services.
(2) Financial ability to support adequate compensation, uniform, training, and supervision expenses.
(3) Establishment of training program and sufficient management supervision.
(4) Character and reputation of employer including any criminal activity associated with employer's operations.
(5) Prior experiences with Special Patrolmen engaged by employer.
(6) Compliance with the rules and requirements of this chapter.
(k) Once an application for Special Patrolman appointment has been disapproved, or appointment once granted has been revoked, the disqualified individual shall be ineligible to file a new application for at least two (2) years, unless reinstated earlier after a suspension or revocation hearing.
(l) Each Special Patrolman shall be required to sign an acknowledgment that s/he shall be responsible for compliance with all laws, rules, regulations, standards, and procedures promulgated by federal, state, or local jurisdictions, and by federal, state, or local law enforcement agencies, that are applicable to her/his appointment. The License Division shall provide the Special Patrolman with the acknowledgment statement. This acknowledgment statement shall be notarized. Failure to execute the acknowledgment statement and to have it notarized shall result in disapproval of the application.
(m) Special Patrolmen shall cooperate with all reasonable requests by the Police Department for information and assistance in matters relating to their designation.
(n) If her/his application for special patrolman appointment is disapproved the applicant shall receive a written "Notice of Application Disapproval" from the License Division indicating the reason(s) for the disapproval. If the applicant wishes to appeal the decision s/he shall submit a sworn written statement, which shall be known as an "Appeal of Application Disapproval," to the Division Head, License Division, within thirty (30) calendar days of the date on the "Notice of Application Disapproval" requesting an appeal of the denial, and setting forth the reasons supporting the appeal. The Appeal of Application Disapproval shall become part of the application. It shall state the grounds for the appeal and shall contain the following statement to be signed by the applicant and notarized: "Under penalty of perjury, deponent being duly sworn, says that s/he is familiar with all of the statements contained herein and that each of these statements is true, and no pertinent facts have been omitted." Appeals that are unsworn by the applicant or submitted by individuals or business entities other than the applicant or her/his New York State licensed attorney shall not be accepted. All timely appeals shall receive a complete review of the applicant's entire file by the Division Head, License Division, who shall notify the applicant of her/his determination. The Division Head, License Division shall not consider any documentation that was not submitted during the initial background investigation. There shall be no personal interviews to discuss appeals. If the appeal of her/his disapproval is denied, the applicant shall receive a "Notice of Disapproval After Appeal" letter from the Division Head, License Division. This notice concludes the Police Department's administrative review procedure.