PG 203-04 FITNESS FOR DUTY Flashcards
(13 cards)
- Do not consume intoxicants to the extent that member becomes
unfit for duty.
- Be fit for duty at all times, except when
on sick report.
ADDITIONAL DATA
All members of the service are required to remain fit for duty as specified above, and are reminded of their absolute responsibility to remain fit for duty while in possession of their
firearms.
Any misconduct involving a member’s misuse of a firearm while unfit for duty due to excessive consumption of, and intoxication from, alcohol will result in that
member’s termination from the Department. Exceptional cases will be determined by the Police Commissioner, on a case by case basis.
Furthermore, any misconduct involving members who are found to be unfit for duty due to excessive consumption and intoxication from alcohol, while armed with a firearm, will result in
the inclusion of the charge of “Unfit For Duty While Armed,” in Departmental disciplinary proceedings. In addition to those penalties imposed as a result of all other charges stemming from the misconduct, strict punitive sanctions will be imposed for any member upon whom the charge has been substantiated.
Additionally, a uniformed member of the service who refuses to submit to chemical testing in connection with an alleged violation of section 1192 of the New York State Vehicle and Traffic Law (Driving While Intoxicated) will be
charged with violating Patrol Guide procedure 203-10, page 1, step 5, “Engaging in conduct prejudicial to the good order, efficiency, or discipline of the Department.”
Members of the service are also reminded of the Department’s commitment to the many counseling and assistance programs available for a wide variety of problems. Members who are experiencing problems related to alcohol, or know of any other member who may be experiencing problems related to alcohol, are strongly encouraged to call
HELPLINE, in order to achieve confidential assistance.
DEPARTMENT POLICY STATEMENT CONCERNING THE OPERATION OF A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL
i. Patrol Guide procedure 203-04, “Fitness For Duty” mandates the following:
a. Be fit for duty at all times, except when on sick report.
b. Do not consume intoxicants to the extent that member becomes unfit for duty.
Consistent with the above, any uniformed member of the service who causes serious physical injury to another person while operating a motor vehicle and is determined to be unfit for duty due to the consumption of alcohol will be
terminated from the New York City Police Department, absent exigent circumstances.
ii. Any negotiated penalty in a Department disciplinary proceeding, involving a uniformed member of the service who is determined to have been operating a motor vehicle while unfit for duty due to the consumption of and/or intoxication from alcohol shall include a period of
Dismissal Probation.
Additionally, uniformed members of the service involved in incidents either on or off duty where alcohol is deemed a contributing factor, and where pursuant to a negotiated penalty in a Department disciplinary proceeding are required to submit to ordered
breath testing, the negotiated penalty may also include a period of Dismissal Probation. Further, any such negotiation shall include the subject officer’s agreement to submit to ordered breath testing for the presence of alcohol while on duty or off duty, during the period of probation, or other agreed upon time period. Should the member be found unfit for duty or refuse to submit to breath testing, this will result in additional disciplinary action against the subject officer which may include termination.
iii. Members of the service whose alcohol consumption has caused problems for them or others are urged to
self-report before they are responsible for a serious incident and the above disciplinary action becomes necessary. They can do so in complete confidence by calling the Counseling Service Unit.
v. The Counseling Services Unit maintains strict standards of confidentiality as set forth in Title 42 of Federal guidelines governing alcoholism programs, and it does not act as part of the Department’s disciplinary system.
CSU’s mission is to assist in recovery and return to full and productive service those members of the Department who are experiencing problems with alcohol. The unit operates 24 hours a day, seven days a week, and will help assess the extent of the problem, and make the appropriate referrals for treatment. Treatment can range from detoxification and inpatient rehabilitation to outpatient rehabilitation and the participation in self-support groups. Counseling is available to members of the service, their families and retirees.
vi. The Police Department’s policy is to encourage members of the service to seek help in a supportive, confidential environment before the consequences of alcohol abuse require the Department to take disciplinary action. In addition, to assist those members of the service experiencing alcohol related problems, all New York City Police Department personnel are encouraged to refer those with problems to any of the counseling/assistance providers indicated in number “iii” of this procedure.
vii. Members participating in these programs will not jeopardize their promotional opportunities. In addition, their current assignments will not ordinarily be changed because of their participation in these programs unless, due to the nature of the assignment, a change is deemed to be in the best interests of all parties concerned. However, participation in these programs will not exempt a member of the service from disciplinary action for specific acts of misconduct and the consequences of such disciplinary action.
