Police [board] commissioner; punishments by; limitations of suits for reinstatements, etc.

302. The police commissioner [board] shall have power, in his [its] discretion, on conviction by him [it] or by any court or officer of competent jurisdiction, of a member of the force of any criminal offense, or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct or conduct unbecoming an officer, or any breach of discipline, to punish the offending party by reprimand, forfeiting and withholding pay for a specified time, suspension, without pay during such suspension, or by dismissal from the force; but no more than thirty days' pay or salary shall be forfeited or deducted for any offense. All such forfeitures shall be paid forthwith to the treasurer of the department to the account of the police pension fund. The police commissioner [board] is also authorized and empowered, in his [its] discretion, to deduct and withhold pay, salary or compensation from any member or members of the police force, for or on account of absence for any cause without leave, lost time, sickness or other disability, physical or mental; provided, however, that the pay, salary or compensation so deducted and withheld shall not, except in case of absence without leave, exceed one-half thereof for the period of such absence, any act or law to the contrary notwithstanding; and said police commissioner [board] is authorized and empowered from time to time to make and prescribe rules and regulations to carry into effect and enforce the provisions of this section. No action, suit or proceeding, either at law or in equity, shall be commenced or maintained against the police department, or any member thereof, or against the police commissioner, or against the mayor, [board, police commissioners or either of them], or against The City of New York by any member or officer, or former member or officer of or belonging to the police force or department of said city to recover or compel the payment of any salary, pay, money or compensation for or on account of any service or duty, or to recover any salary, compensation or moneys, or any part thereof forfeited, deducted or withheld for any cause [or to restore or reinstate to the po

lice force or department any member or officer thereof], unless such action, suit or proceedings shall be commenced. within two years after the cause of action shall have accrued; provided that causes of action or proceedings which shall have heretofore accrued may be begun or brought within six years after the same shall have accrued and within two years after the passage of this act; but nothing in this section contained shall be construed or held to extend the time in which causes of action or proceedings which shall have heretofore accrued must be brought, and no proceeding shall be brought to procure the restoration or reinstatement to said police force or department of any member or officer thereof, unless said proceeding shall be instituted within four months after the decision or order sought to be reviewed. Said proceeding when so brought shall be placed upon the calendar by the party instituting the same, for hearing, for a term of the court not later than the second term after the filing of the answer or return in said proceeding, and of service of notice of said filing upon the party instituting said proceeding. And in the event of the failure of the party instituting the said proceeding to place the said proceeding upon the said calendar, then the said proceeding shall be dismissed for want of prosecution upon application to that effect by the corporation counsel, unless the court for good and sufficient cause shall otherwise order.

Police force; resignations and absences on leave.

$303. No member of the police force, under penalty of forfeiting the salary or pay which may be due him, shall withdraw or resign, except by permission of the police commissioner [board]. Absence, without leave, of any member of the police force for five consecutive days shall be deemed and held to be a resignation, and the member so absent shall, at the expiration of said period cease to be a member of the police force and be dismissed therefrom without notice. No. leave of absence exceeding twenty days in any one year shall hereafter be granted or allowed to any member of the police force, except upon the condition that such member shall

waive and release not less than one-half of all salary, pay or compensation and claim thereto [or any part thereof] during such absence.

Police commissioner [board]; rewards to informers.

$305. The police commissioner [board] shall have authority to offer rewards to induce all classes of persons to give information which shall lead to the detection, arrest and conviction of persons guilty of homicide, arson, or receiving stolen goods, knowing them to be stolen; and to pay such awards to such persons as shall give such information. But no such reward shall be offered unless there be an unexpended appropriation therefor made by the board of estimate. and apportionment, which shall make the necessary appropriation for such purpose.

Police force; gratuities and political contributions forbidden; may be permitted to obtain rewards.

$306. No member of the police force or employee of the police department shall, under any pretense whatsoever, share in, for his own benefit, any present, fee, gift or emolument for police services, or for services of the police department or any member thereof, additional to his regular salary, pay or compensation. The police commissioner [board] for meritorious and extraordinary services rendered by any member of the police force in due discharge of his duty, may permit such member of the police force to retain for his own. benefit any reward or present, or some part thereof, tendered him therefor; and it shall be cause for removal from the police force for any member thereof to receive any such reward or present without notice thereof to the police commissioner [board]. Upon receiving said notice, the police commissioner [board] may either order the said member to retain the same, or shall dispose of it for the benefit of the police pension fund. [No] Neither the police commissioner nor any deputy commissioner nor any person in the police force shall be permitted to contribute any moneys, directly or indirectly, to any political fund, or to join or be or become a member of any political club or association or any club or association intended to affect legislation for or on behalf of

the police department or any member thereof, or to contribute any funds for such purpose.

Id.; detail of policemen at polls.

$307. It shall be the duty of the chief of police to detail, or to cause to be detailed on election day, at least two patrolmen at each election poll. It shall be the duty of the police force, or any member thereof, to prevent any booth, or box, or structure for the distribution of tickets at any election from being erected or maintained within one hundred and fifty feet of any polling place within the city, and summarily to remove any such booth, box or structure, or to close and prevent the use thereof.

Id.; special patrolmen; when may be appointed; military assistance.

308. The police commissioner [board] may, upon an emergency or apprehension of riot, tumult, mob, insurrection, pestilence or invasion, appoint as many special patrolmen without pay from among the citizens as it may deem desir

able.

The mayor, or, in case of his failure so to do, the governor may demand the assistance of the militia of the state within the city, or of any brigade, regiment or company thereof, by order in writing served upon the commanding officer of any brigade and such commanding officer shall obey such order. Special patrolmen, appointed in pursuance of law, may be dismissed by order of the police commissioner [board]; and while acting as such special patrolmen shall possess the powers, perform the duties, and be subject to the orders, rules and regulations of the police department in the same manner as regular patrolmen. Every such special patrolman shall wear a badge, to be prescribed and furnished by the police commissioner [board]. No transfer, detail or assignment to special duty of any member of the police force, except in cases authorized or required by law, shall hereafter be made or continued, except for police reasons and in the interests of police service; provided, however, that the chief of police may, whenever the exigencies of the case require it, make detail to special duty for a period not exceeding three days, at the expiration of which the member or members so detailed shall report for duty to the officer of the command from which the detail was made. The police commissioner [board], when

ever expedient, may on the application of any person or persons, corporation or corporations, showing the necessity therefor, [detail regular patrolmen of the police force, or] appoint and swear any number of special patrolmen to do special duty at any place in The City of New York upon the person or persons, corporation or corporations by whom the application shall be made, paying, in advance such [regular or] special patrolmen for their services, and upon such [regular or] special patrolmen, in consideration of their appointment, signing an agreement in writing releasing and waiving all claim. whatever against the police department and The City of New York for pay, salary or compensation for their services and for all expenses connected therewith; [regular patrolmen so detailed shall be paid at the same rate as provided for patrolmen in this act;] but the [regular or] special patrolmen so appointed shall be subject to the orders of the chief of police and shall obey the rules and regulations of the police department and conform to its general discipline and to such special regulations as may be made [and shall wear such dress or emblems as the department may direct] and shall during the term of their holding appointment possess all the powers and discharge all the duties of the police force, applicable to regular patrolmen. The special patrolmen so appointed may be removed at any time by the police commissioner [board] without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the police force, or to entitle them to the privilege of the regular members of the force, or to receive any salary, pay, compensation or moneys whatever from the said police department or The City of New York, or to share in the police pension fund.

Police [board] commissioner; detail persons to attend courts.

$309. It shall be the duty of the police commissioner [board] to cause some intelligent and experienced person connected with the police force to attend at the courts of the city in cases where there is need of such assistance, who shall, to such extent as the rules of the board of magistrates may reasonably require, aid in bringing the facts before the magistrates in proceedings pending in such police courts.