tricts. Police dis- 3. The common council of the city of Albany shall, by ordinance, divide the city into four police districts, and provide in each district suitable accommodations for the police, to be designated "police station house." Compa nies. §4. In each police district there shall be one company of police, to consist of one captain of police, one assistant captain of police, ten policemen, and one doorman. Supernu- § 5. In addition to the force already enumerated, there meraries. shall be five supernumerary policemen and one supernumerary doorman attached to each company of police. Chief, how ARTICLE II. OF THE MANNER OF APPOINTMENT AND REMOVAL, AND ALSO OF THE COMPENSATION. § 6. The chief of police shall be appointed by the comappointed. mon council, and shall hold his office for the term of three years, and until a successor is appointed, unless sooner removed for cause. He must be a citizen of the state of New-York, and an actual resident of the city of Albany; and his removal from the city shall vacate his office. Captains. Constables. §7. The captains of police, the assistant captains of police, the policemen and doormen, and the supernumerary policemen and doormen, shall be appointed by the common council, and shall hold their offices for the term of two years, and until successors are appointed, unless sooner removed for cause. And to be eligible for such officers, a man must be a citizen of the state of NewYork, and an actual resident of the city of Albany. §8. The police constables shall be appointed by the common council by ballot, in the following manner : The members of the common council shall, in the first place, vote for four police constables, each member voting for four persons to be named in one ballot, and the four persons receiving the greatest number of votes shall be appointed police constables; and the members of the common council shall then select by ballot, each member voting for two persons to be named in one ballot, two police constables from the four persons next to the four police constables first appointed, received the greatest number of votes in the previous balloting, and they, together with the said four police constables, shall constitute the police constables provided for by this act, and they shall hold their offices for the term of two years, unless sooner removed for cause. In respect to the office 1 of police constables the same qualifications shall be requisite as in the case of the chief of police. from office. 9. The chief of police, and also the captains of police, Suspension shall each have power to suspend policemen or doormen from office for cause; and the police justices and the chief of police and the district attorney of the county of Albany, shall each have the same power over the police constables. The mayor shall also receive from any persons complaints for cause, against the chief of police, captains of police, assistant captains of police, policemen, doormen, or police constables. suspension § 10. In all such cases of suspension or complaint, the Proceed. officer or person making the same shall, within twenty-ings after four hours thereafter, notify the mayor of the same in writing, which notice shall specify the grounds of such suspension or complaint, and shall contain the names of the witnesses to establish the charge. After notice shall have been given to the accused, to afford him an opportunity of being heard in his defence, the mayor, or in his absence, the chief of police (except in cases of charges against himself,) together with the recorder and one alderman, shall examine witnesses, under oath or affirmation, upon the charges and in defence; and they may, for cause, continue the suspension, remove the accused from office, or restore him to duty. The testimony shall be reduced to writing, and the same, together with the decision thereon, shall be filed in the office of the clerk of the common council; and the mayor shall have power to issue subpoenas to require the attendance of witnesses, and disobedience thereof shall render the parties liable to the penalties provided by law for such disobedience in courts of record. § 11. In all cases in which the suspension is continued, Effect of the party suspended shall be deprived of his pay from the suspension. date of his suspension, and during the continuance of the same; but he shall not at any time be exempt from performance of duty, unless the officer making such suspension shall so expressly order, and until such order be made, a suspension as herein provided shall mean only a suspension from pay. how filled. 12. All vacancies occurring in any of the offices of Vacancies the police department shall be filled in the manner provided by this act for the original appointment, and any person appointed to fill a vacancy shall hold his office for the remainder of the term of the officer in whose place he shall have been appointed. § 13. The compensation of the members of the police Salaries. Salaries how paid. All fees department shall be as follows, to wit: Chief of police, seven hundred and fifty dollars per annum; captains of police, five hundred dollars per annum; assistant captains of police, four hundred and fifty dollars per annum; policemen, four hundred dollars per annum; doormen, three hundred dollars per annum; and police constables five hundred dollars per annum. Supernumerary policemen and supernumerary doormen shall be paid at the rate of one dollar and twenty-five cents per day of twenty-four hours, for every such day's service rendered by them, and the amount of the same, in each particular instance, shall be deducted from the pay of the persons in whose places they act. §14. The salaries of the chief of police, captains of police, assistant captains of police, police constables, policemen and doormen, and the compensation of the supernumerary policemen and doormen, shall be paid monthly by the chamberlain, in such manner as shall be prescribed by ordinance of the common council. The chief of police, captains of police, and assistant captains of police, and the police constables shall give bonds for the faithful performance of their duties, in the sum of one thousand dollars each, to be approved by the mayor and chamberlain. 15. No fees or compensation other than as herein proprohibited. vided shall be charged or received by any member of the Chief of powers. police department, for the arrest, confinement or discharge of any person or for mileage, or for serving any processor warrant, or for discharging any other duty required by this act to be peformed by him. Nor shall any member of the police department receive any present or reward for services rendered or to be rendered, unless with the knowledge and approbation of the mayor; such approbabation to be given in writing and entered in a book to be kept in the mayor's office. Any member of the police department who shall receive any fee, present or reward, in violation of this section, shall be guilty of a misdemeanor, and upon conviction thereof, his office shall be deemed vacant. ARTICLE III. OF THE POWERS AND DUTIES. § 16. The chief of police shall possess all the powers of a constable, and shall likewise possess the powers of a magistrate to entertain complaints for criminal offences, and to issue warrants for the arrest of persons charged with such offences, which warrants shall be made returnable before the police justices of the said city at the police office. He shall also possess the power to commit persons charged with criminal offences until an examination shall be had before such police justices. § 17. It shall be the duty of the chief of police, under His duties. the direction of the mayor, to superintend the police department of which he shall be the chief executive officer, and upon him shall rest the responsibility of the proper conduct of that department; and it shall be his further duty, at least every three months, to report through the mayor to the common council, the state of the police department, with such other information in his possession as may promote the welfare and efficiency of the same, and also such suggestions as he may deem proper; and the common council shall provide an office for the chief of police, wherein shall be kept a record of the transactions of the police department, and also a roster of all the officers and members thereof, and the said office shall be the head-quarters of the police, where all reports to the chief of police shall be made. §18. The captains of police, the assistant captains of po- Powers of lice, policemen and doormen shall, in and for the city of Captains. Albany, possess all the powers now possessed by the police constables of the said city; and it shall be their duty to watch and guard the city, day and night, and to obey such orders and directions as shall be given to them by the chief of police, in accordance with rules and regulations prescribed by the mayor, and in conformity to the laws of the state and the ordinances of the common council. ties. §19. The captains of police and the assistant captains Their duof police shall, within their respective districts, discharge the duties heretofore performed by the "city inspectors;" and for this purpose they shall possess all the powers possessed by the said city inspectors. and door men. § 20. It shall be the duty of the policemen and door- Policemen men to obey such orders and directions as they shall, from time to time receive from the chief of police, and the captains and assistant captains of police, respecting their duty; and it shall be their duty to report, through their respective captains, to the chief of police, all violations of the corporation ordinances, all suspicious persons, all bawdy houses, receiving shops, pawn broker's shops, junk shops, gaming houses, and all places where idlers, tiplers, gamblers and other disorderly and suspicious persons congregate; and it shall be their further duty to caution strangers and others against going into such places, and Attend auce on duty. Captain's against pickpockets, watch stuffers, droppers, burners and all other vicious persons; and to preserve the public peace; and to render every assistance and facilities to ministers and officers of justice, to direct strangers and others the nearest way to their places of destination, and when necessary to cause them to be accompanied by one of the police; and to perform all other duties which shall be prescribed to them by ordinance of the common council. § 21. Punctual attendance shall be required of every member of the police department, on all occasions; sickness or disability only shall be an excuse for absence from duty, and the sickness and disability shall be proved by the affidavit or affirmation, in writing, of the party that he was actually sick or disabled, and unable to perform his duty by reason thereof; and it shall be competent for the captains and the assistant captains of police to administer an oath for such purpose. § 22. In case of the absence of the captain of police, the absence. duties required of him shall be performed by the assistant captain of police, who, while acting in such capacity, shall possess and exercise the powers and discharge the duties of such captain. Duties on fire. § 23. On any alarm of fire, it shall be the duty of the alarm of captain of the district in which the fire occurs, to proceed forthwith to the same with all the policemen of his company, who are off duty at the time, and to be diligent in preserving order and protecting property. In case of any riot or any other sudden emergency, requiring the services of the police, on notice being given, the captain of the district in which the same occurs, shall immediately proceed with all the policemen off duty, of his company, to the place of disturbance, and be vigilant in suppressing the same. If a larger force than his company can furnish, be required, he shall notify the captains of the other districts, or as many of them as he shall deem necessary, to that effect; and upon being so notified, the said captains shall at once rally, with all the policemen off duty of their companies, to the scene of riot, and, placing themselves under the command of the captain of the district in which the riot occurs, they shall make every exertion to preserve the peace and arrest the offenders. If in any case the services of the captain with the policemen off duty of more than two districts be required, the chief of police must be notified of the same; and upon being so notified, he shall repair to the scene of riot, and take command of the whole police force assembled.. |