New York City Police Department Auxiliary Police

New York City Police Department Auxiliary Police
New York City Police Department Auxiliary Police
Common name NYPD Auxiliary
NYPDAuxiliary.jpg
Patch of the New York City Police Department Auxiliary Police.
NYPD AUXILIARY BADGE.jpg
Shield of the New York City Police Department Auxiliary Police
Nypd flag.png
Flag of the New York City Police Department
Motto Fidelis ad Mortem
Faithful till Death
Agency overview
Formed 1950
Legal personality Governmental: Government agency
Jurisdictional structure
Operations jurisdiction* City of New York in the state of New York, USA
Map of New York Highlighting New York City.svg
Map of New York City Police Department Auxiliary Police's jurisdiction.
Size 1,214.4 km²
Population 8,274,527
Legal jurisdiction New York City
General nature
Operational structure
Headquarters Auxiliary Police Section
120-55 Queens Boulevard
Kew Gardens, NY 11424
Auxiliary Police Officers 4,500+
Police Commissioner responsible Raymond W. Kelly
Agency executive Deputy Inspector Phylis Bryne, Commanding Officer
Parent agency New York City Police Department
Units
Boroughs
Facilities
Commands 76 Precincts

12 Transit Districts

9 Housing Police Service Areas

Police car/vanss 120
Police boats 2
Website
Official Site
Footnotes
* Divisional agency: Division of the country, over which the agency has usual operational jurisdiction.

The New York City Police Department Auxiliary Police is an unpaid, unarmed reserve police force which is a subdivision of the Patrol Services Bureau of the New York City Police Department. Auxiliary Police officers assist the NYPD with uniformed patrols and provide traffic and crowd control at vehicular accidents, fires, demonstrations and other major events. Over 4,500 Auxiliary Police officers contribute over one million hours of service each year. The NYPD Auxiliary Police program is the largest Auxiliary Police program in the country. [1]

Contents

Ranks

There are seven titles (referred to as ranks) in the New York City Police Department Auxiliary Police:[2]

Title Insignia Uniform Shirt Color
Auxiliary Deputy Chief
1 Gold Star.svg
White
Auxiliary Inspector
Colonel Gold.png
White
Auxiliary Deputy Inspector
US-O4 insignia.svg
White
Auxiliary Captain
Captain insignia gold.svg
White
Auxiliary Lieutenant
US-OF1B.svg
White
Auxiliary Sergeant
NYPD Sergeant Stripes.svg
Dark Blue
Auxiliary Police Officer
Blank.jpg
Dark Blue

History

In 1950, the 81st Congress of the United States of America passed the Public Law #920, entitled "The Civil Defense Act of 1950" authorizing a Federal Civil Defense Program. In 1951, the New York State Legislature enacted the "Defense Emergency Act" requiring New York City to recruit, train, and equip volunteer Civil Defense wardens who would provide traffic and crowd control and other assistance to police officers in the event of an emergency or natural disaster.

State penal law provided peace officer status for the Civil Defense wardens during the event of an actual natural or man-made disaster or attack or during training drills. In 1967, a Mayoral Executive Order closed the Civil Defense Headquarters and placed full responsibility of the Auxiliary Police with the NYPD. Once the NYPD took responsibility of the Auxiliary Police, they renamed the title of Civil Defense warden to Auxiliary Police officer, changed the uniform to the police officer uniform, and expanded the duties of the volunteers. During the 1960s when crime was on the rise, uniformed Auxiliary Police patrols were an effective means to deter crime.

Training, power and authority

Auxiliary Police recruits must pass a 24 week "Auxiliary Police Basic Training Course" which is classified as "Peace Officer Training". Auxiliary recruits are required by the New York State Municipal Police Training Council to undergo and pass this training course before they become Auxiliary Police officers. The training given in this course includes training in penal law, police science, powers of a peace officer, radio use, unarmed self defense, self defense with a straight wood baton, first aid, handcuffing techniques, and arrest procedures.

In 2008, the NYPD revised the training course to include training in location and use of pressure points, dealing with domestic violence situations, firearm safety, and terrorism awareness. A written and physical exam is given at the end of training. Upon the completion of the Basic Training Course, the physical exam, and the written exam, probationary Auxiliary Police officers are issued their shield and police identification card along with their baton and initial uniform allowance voucher.[3]

All Auxiliary Police officers are required by New York State to pass an annual refresher course in the use of force with the straight baton, arrest procedures, and Equal Employment Opportunity (EEO) in order to maintain their peace officer status.

Auxiliary Police officers are certified as "Peace Officers without Firearms Training" by the New York State Division of Criminal Justice Services-Municipal Police Training Council and are registered as peace officers in the NYS DCJS registry of peace officers.

Although volunteers, Auxiliary Police officers are city employees while on duty and may be eligible for Workers' Compensation in the event of injury while on duty.

Auxiliary Police officers who work the minimum required hours per fiscal year receive an annual uniform allowance check to help pay for new and replacement equipment and uniforms.

Laws

A NYPD Auxiliary RMP.
  • Auxiliary Police officers may carry and use straight wood batons under the authority of NYS Penal Law 265.20 b.
  • Auxiliary Police officers may carry and use handcuff restraints both on and off duty in accordance with NYC Administrative Code 10-147
  • Auxiliary Police officers may physically detain violators of Misdemeanors and Felonies under the State of New York Civil Defense Act Article # 8 Section # 105
  • Auxiliary Police officers injured while on duty are provided Workers Compensation under NYC Administrative Code Section 14-147 of chapter 1 of title 14
  • Auxiliary Police officers receive an annual uniform allowance in accordance with the NYC Administrative Code Section 14-148
  • Auxiliary Police officers can use physical and deadly force to make an arrest, or when a person uses physical or deadly force against an officer or a third person in accordance with the NYPD Auxiliary training manual.

Duties

Auxiliary Police officers duties fall into four broad categories:[4]

  1. Daily patrol of assigned sectors within their respective precinct, transit district, housing area or specialized unit coverage area.
  2. Provide additional uniform police presence at parks, playgrounds, pools, street fairs, flea markets, block parties, shopping areas, subway entrances and exits, and school/church crossings.
  3. Assist with vehicular and pedestrian traffic at parades, marathons, concerts, intersections with broken traffic lights, accident scenes, and fire scenes.
  4. Assist in Precinct Identification Programs, Combat Auto Theft Program, Bicycle ID Program, Operation ID Program, Kid Care Program, and VIN Etching Program.
A pair of Auxiliary Police Officers in the Highway Patrol unit.

Auxiliary Police officers increase the public's perception of police "omnipresence" by patrolling in police cars, on foot and on bicycle. The police cars, known as RMPs or Radio Motor Patrols, are dark blue or black with white decals or white with light blue decals. Auxiliary Police officers wear virtually the same uniform as regular officers, and are equipped with straight wood batons, bullet resistant vests, police radios directly linked to the Central Dispatcher, other Auxiliary officers, and regular officers, flashlights, whistles, handcuffs, memo books, and reflective traffic vests. Their badge is a seven point star, in contrast to the shield worn by regular officers.[5]

Auxiliary Police officers in New York City are not permitted to carry a side arm at any time on duty, even if independently licensed to carry a firearm. In other jurisdictions within New York State, some police departments do allow their Auxiliary Police officers to carry a firearm.

Auxiliary Police officers patrol presence, observations and reporting of incidents requiring regular police response, as well as interacting with the public, are meant to aid in crime reduction and enhance relations between the community and the police.

Role of the Auxiliary Police Officer

Auxiliary Police officers can:

  • Assist at accident and fire scenes
  • Assist with crowd control
  • Block off traffic at parades, accidents, fires, etc.
  • Perform traffic control at broken traffic lights, accidents, etc.
  • Make arrests when a crime (Misdemeanors,Felony) is committed in their presence or when directed by a Police Officer
  • Assist with vehicle or VIP escorts
  • Respond to low priority 911 calls but not allowed to transmit finalization summary codes to the dispatcher.
  • Give medical aid to anyone as long as they are trained to do so
  • Carry and use a police baton in the performance of their duties (NYS Penal Law 265.20 b.)
  • Carry and use handcuff restraints in the performance of their duties (NYC Administrative Code 10-147)

Auxiliary Police officers cannot:

  • Make arrests for crimes not committed in their presence even if directed to do so by a regular police officer or a police dispatcher. In 1991, the New York State Court of Appeals determined that Auxiliary Police officers are only partially covered under the "fellow officer rule", and therefore may not detain or arrest a person based on information from a dispatcher or police officer heard over a police radio or from a police officer in person, but are considered as a law enforcement officer with reliable information when making a report themselves to other law officers.[6]
  • Respond to calls involving any type of weapons or other life endangering conditions
  • Carry a firearm[7]
  • Make traffic stops unless authorized to do so by competent police authority
  • Issue summonses

Standard Auxiliary Police Units

Precinct Patrol: Officers patrol their respective precinct. When performing foot patrol, the area of the precinct that the officer patrols is called a Patrol Area, which are divided into "Foot Posts". RMP and Bike Patrol are also performed.[8]

Housing Bureau: Officers patrol their respective Housing (Police Service Area) precinct, mainly being a uniformed presence within the NYC housing projects. When performing foot patrol, the area of the precinct that the officer patrols is called Patrol Areas, which are divided into "Foot Posts". RMP and Bike Patrol are also performed.[8]

Transit Bureau: Officers patrol their respective Transit District precinct. When performing foot patrol, the area of the precinct that the officer patrols is called a Patrol Area, which are divided into "Foot Posts". RMP Patrol is also performed.[8]

Transit Auxiliary Police Officers

Two weeks after the 2005 London bombings, a new directive stated that New York City would institute a citywide transit Auxiliary program with the intent of reducing crime and fighting terrorism in the city's transit system. Transit Auxiliary officers work out of Transit Bureau precincts known as Districts and carry Transit portable radios. Unlike a precinct, the transit districts cover miles of underground subway. Transit Auxiliary Police officers go through additional training by the Transit Bureau Vandals Squad as well as the Counter-Terrorism Division to build vandalism and terrorism awareness within the Transit System. Transit Auxiliary officers are paired with either a regular police officer or Auxiliary police officer. Transit Auxiliary Police periodically perform inspections of the subway station(s) and platforms which they are assigned to, taking note of any suspicious occurrences, and set up a fixed post at the subway turnstiles, token booths, mezzanines, or platforms. Transit Auxiliary officers also conduct subway train inspections as well as train runs to/from stations that which assignment is given. Due to the common medical emergency calls in Transit, if medically qualified, Transit Auxiliary Police officers can respond to medical emergencies if they are near to the transit location. The main function of the NYPD Transit Auxiliary Police, like the NYPD Transit Police, is to primarily remain within the subway system.[9] [10][11][12]

Specialized Auxiliary Police units

Auxiliary Patrol Support Unit (APSU): Auxiliary Police version of the NYPD's Emergency Services Unit (ESU). Officers wear the same uniform as regular NYPD ESU officers. They assist regular ESU units involving jobs such as dangerous conditions, rescues, vehicle accidents, lockouts, blackouts, blocked roads, natural disasters and other non-tactical calls where ESU is needed. These units carry many specialized tools, generators, lighting and other necessary gear in their vehicles to assist with said jobs. This unit is able to monitor and transmit on both local precinct radio frequencies as well as the SOD (Special Operations Division) citywide frequency. Unlike precinct patrol Auxiliary units, this unit patrols their entire respective patrol borough covering multiple precincts. Officers in this unit are required to go through extra training.[13] As of April 2007, this unit is suspended from patrols for retaliatory reasons, and it is unknown when and if this unit will be allowed to resume patrols. NYPD is currently under investigation by the New York Department of Labor's Public Employee Safety and Health Bureau (PESH) for discriminatory actions taken against the APSU for speaking out on Auxiliary Police safety issues. As of June 30, 2010 all APSU members were transferred to regular patrol assignments. Update as of July 2011. NYPD blatantly refused to reverse the discrimination and wrongdoing on its part. PESH turned out be completely impotent organization without any enforcement capabilities. Investigation into the Safety complaint is still open and passed 1 year mark. PESH has no set time-fame in which it must complete its safety investigations, and PESH is using it to mask its complete inability to affect any changes for the safety of Auxiliary Police Officers, NYPD. It is a wide spread opinion among the members of the Auxiliary Program that PESH and NYPD should be held criminally liable should there be Line of Duty Injuries or Deaths attributed to concerns raised in the safety complaint. For all intents and purposes APSU is disbanded; however it was never officially disbanded through the departmental orders. It raised the concerns among numerous Auxiliary Police Officers that NYPD is perpetrating fraud by diverting APSU intended funds towards other purposes (For instance an EMT class was organized by the NYPD. Despite that most of the students were not members of the APSU, they were instructed to lie should they be questioned about their unit affiliation and state that they are in fact assigned to the APSU) - As of June 2010, the APSU is disbanded and no longer authorized unit [14][15]

Highway Patrol: Officers patrol highways, parkways, and main thoroughfares throughout the City of New York. Auxiliary Highway Patrol officers wear the same uniform as regular Highway Patrol officers and patrol in regular officers RMPs in Auxiliary Police Highway Patrol RMPs with AUXILIARY decals on each side. All applicants to this unit are required to have a minimum of five years experience as a patrol officer with the NYPD Auxiliary Police before they will be considered for the job. In addition they must be qualified to operate Highway Patrol vehicles and motorcycles. See article: New York City Police Department Highway Patrol[16]

Special Task Unit (STU): Officers patrol citywide to high crime areas all over the city that need special attention and extra patrol. However, more typical of this unit is traveling to precincts in Queens and Brooklyn during special events such as concerts, marathons, etc. to increase the police presence. They do not confine themselves to one location or precinct.[16]

Harbor Unit: Officers patrol New York City's waterways. A marine background such as one obtained through the coast guard, military, or other marine background is required.[16]

Undercover Vice Ops: Officers that have not reached the age of 20 years and 6 months old can be utilized to assist the NYPD Vice Unit for "Quality of Life enforcement" stings which address illegal alcohol, knife, and spray paint sales. Other than this exception, NYPD Auxiliary Police officers are never undercover (*unless authorized by the Police Commissioner or Commanding Officer of the Auxiliary Police) and always patrol in uniform. Officers who have received the necessary "Vice Training" may be used by their Command in non-hazardous surveillance with the supervision of regular police officers.[17]

The Auxiliary Police also has a Ceremonial Unit made up of a small group of Auxiliary officers.[18]

Auxiliary patrol and police vehicles

Patrol is one of the most important duties Auxiliary officers can perform. Various types of patrols are possible within different precincts. Almost all precincts perform foot patrol. Other types of patrol include:

  • RMP (Auxiliary Police Car) - cars are painted white with light blue decals.
  • Van (15 passenger; Used for routine patrol and officer transport) - vans are painted white with light blue decals.
  • Bicycle
  • Police Golf Cart (Only used in Manhattan's Central Park Precinct)

In most cases, Auxiliary Police vehicles are retired vehicles that were once used by regular officers. Once the vehicle attains a certain amount of mileage, it is taken out of service and is either redecaled and given to a command for the Auxiliary Police, or is sold. Auxiliary Highway Patrol RMPs are retired RMPs previously used by regular Highway Patrol officers. Most commands only have 1 Auxiliary vehicle, but some have 2 or more. The amount of Auxiliary vehicles per command is based on how many Auxiliary officers are working there and how many extra vehicles the NYPD has available. It should also be noted that older Auxiliary vehicles are painted either dark blue or black with white decals in contrast to the vehicles used by regular officers, which are white with light blue decals. In 2008, the NYPD changed the paint and decal color of Auxiliary vehicles to white with light blue decals in order to look like vehicles used by regular officers and as an economy measure to save money by not having to repaint the vehicles.[19]

Officers wishing to operate a bicycle, RMP, or van need special training before they are allowed to operate them. Training is done by the Police Academy Driver Training Unit (PADT) which is located at Floyd Bennett Field in Brooklyn. The golf cart, which is special to the Central Park Precinct, also requires special training to operate.[3]

Auxiliary Police Officer Safety

The NYPD emulates the safety of its Auxiliary Police officers by requiring that they not pursue dangerous situations, but rather to remove themselves from such danger immediately. During training, recruits are repeatedly told that their purpose is to be the "eyes and ears" of the Police Department, and they are not required to enforce the law unless absolutely necessary. Although they are equipped with wood batons and (optional) handcuffs, they are told that their most powerful weapon is the police radio, which allows them to call for back-up officers to the scene. Auxiliary Police officers are not issued, nor are permitted to carry firearms while on duty, even if they are police officers/peace officers or licensed gun owners.

There is still risk involved in being an Auxiliary officer. On March 14, 2007, two Auxiliary Police officers—Eugene Marshalik and Nicholas Pekearo—were killed in a shootout in Greenwich Village.[20] This was the first time NYPD Auxiliary Police officers were killed in the line of duty since 1993.

Up until March 26, 2007, the NYPD did not issue or subsidize ballistic vests to Auxiliary officers. But after the shootings of Pekearo and Marshalik, Mayor Michael R. Bloomberg and Commissioner Raymond W. Kelly asked the New York City Council to earmark more than 3.3 million dollars to provide all Auxiliary Police officers with Level IIIA Vests, the same used by full-time officers. On March 27, 2007, the City Council approved this bill, which had all Auxiliary officers equipped with vests. Since then, in 2010, funding for vest for Auxiliary Police Officers has ran out of the NYPD City Budget. Every Police Precinct, Housing Police Service Area and Transit District has a pool of "loaner" vest for new Auxiliary Police Officers to use while on patrol, afterwards, they are returned and secured by the Auxiliary Coordinator.[21]

Representation

New York City Auxiliary Police Officers of all ranks have been represented since 1965 by the largest union for voluntary workers in the world, The Auxiliary Police Benevolent Association of the City of New York, Inc. (APBA) http://www.nycapba.com While Auxiliary Police Officers are not full time employees of the NYPD, they face many of the issues regular Police Officers face regarding conditions under which they work including safety, disciplinary actions and uniform allowance reimbursement, thus the need for the union. Although membership is completely voluntary (no agency fee must be paid by non-members under the National Labor Relations Act as with most unions of paid employees,) many hundreds of New York City Auxiliary Police Officers choose to pay the $30 annual dues.

In recent years a group calling itself the Auxiliary Police Supervisors Benevolent Association (APSBA,) has attempted to compete with the APBA. It's membership numbers are unknown, but believed to be in the dozens.

Line-of-duty deaths

Since the establishment of the New York City Police Department Auxiliary Police, 7 officers have died in the line of duty.[22]

Officer's name End of watch Cause of death
Auxiliary Sergeant David Freed [23]
Sunday, August 31, 1975
Assault
Auxiliary Sergeant Noel R. T. Faide [24]
Sunday, January 29, 1989
Vehicular Assault
Auxiliary Sergeant Larry L. Cohen [25]
Sunday, January 29, 1989
Vehicular Assault
Auxiliary Police Officer Armando Rosario [26]
Wednesday, March 25, 1992
Gunfire
Auxiliary Police Officer Milton S. Clarke [27]
Wednesday, December 1, 1993
Gunfire
Auxiliary Police Officer Nicholas T. Pekearo [28]
Wednesday, March 14, 2007
Gunfire
Auxiliary Police Officer Yevgeniy (Eugene) Marshalik [29]
Wednesday, March 14, 2007
Gunfire

Controversy

Currently, there is controversy over peace officer status for Auxiliary Police officers. Under current law, Auxiliary Police officers do not have peace officer status unless during an emergency, such as a natural or man made disaster. This issue was made public in 2008 when the federal government denied federal death benefits for the families of Auxiliary Police officer's Eugene Marshalik and Nicholas Pekearo, who were killed in the line of duty, due to their lack of peace officer status when they were killed. The federal government came under heavy criticism for denying the benefits, and in an appeal, reversed their decision and approved the death benefits.[30]

Awards and decorations

Medal of Honor

NYPD Medal of Honor.jpg

(Solid green bar speckled tiny gold stars) is awarded for:

  • Individual acts of extraordinary bravery intelligently performed in the line of duty at imminent and personal danger to life. Specifically, the Department Medal of Honor is awarded for acts of gallantry and valor performed with knowledge of the risk involved, above and beyond the call of duty. The Medal of Honor is intended only for regular Police Officers. It was awarded posthumously to Marshalik and Peakaro due to the extraordinary circumstances of their line of duty deaths. The Award of Valor is normally the highest decoration for bravery given to Auxiliary Police Officers.


American Flag Breast Bar

American Flag Breast Bar.jpg
  • May be worn by all members.


World Trade Center Breast Bar

WTC Breast Bar.jpg
  • May be worn by all members who were in the Auxiliary Police on 9/11/2001.


Award of Valor

Award of Valor.jpg
  • May be worn by all members who have received the Award of Valor.


Award of Commendation

Award of Commendation.jpg
  • May be worn by all members who have received the Award of Commendation.


Award of Merit

Award of Merit.jpg
  • May be worn by all members who have received the Award of Merit.


Unit Citation

Unit Citation.jpg
  • May be worn by all members of the unit in the year citation was earned.


Community Service Award (3000 Hours)

Community Service Award.jpg
  • May be worn by all members who have 3000 hours of service in the Auxiliary Police.


500 Hours Award

500 Hour Award.jpg
  • May be worn by all members who have 500 hours of service in the Auxiliary Police.


Auxiliary Police 50th Anniversary

Auxiliary Police 50th Anniversary.png
  • May be worn by all members who were in the Auxiliary Police in 2000.


  • The department also awards a Purple Shield to those injured or killed in the line of duty.

See also

Portal icon New York City portal
Portal icon New York portal
Portal icon Law enforcement/Law enforcement topics portal

References

  1. ^ Auxiliary Police Overview Page 1
  2. ^ Auxiliary Police Overview Page 3
  3. ^ a b Auxiliary Police Overview Page 8
  4. ^ Auxiliary Police Overview Page 4 and 6
  5. ^ Auxiliary Police Badge
  6. ^ Authorized by case law: "THE PEOPLE &C., RESPONDENT, v. WILFREDO ROSARIO, APPELLANT"
  7. ^ Auxiliary Police Overview Page 2
  8. ^ a b c Auxiliary Police Overview Page 4 and 9
  9. ^ http://www.nycapba.org/(Auxiliary Police Benevolent Association)
  10. ^ Volunteer Rail Patrols(New York Post Archives)[dead link]
  11. ^ New York City Auxiliary Police PBA, A.P.S. DIRECTIVE # 7; 2005. Retrieved August 29, 2007.
  12. ^ Auxiliary Police Overview Page 9
  13. ^ About The Auxiliary Patrol Support Unit
  14. ^ APS Operation Order #21
  15. ^ [http://www.nycapba.com/files/2011/09/SKMBT_75010063009100.pdf APS Operations Order #15]
  16. ^ a b c Auxiliary Police Overview Page 4
  17. ^ Auxiliary Police Overview Page 17
  18. ^ Auxiliary Police Overview Page 13
  19. ^ Another reason for the new white auxiliary cars is to promote a police presence. The same action is being done with traffic and school safety.Auxiliary Police Overview Page 10
  20. ^ Two auxiliary officers killed in Village shootout (ABC 7)
  21. ^ Vests on way for auxiliaries (Daily News)
  22. ^ Officer Down Memorial Page - New York City Police Department - Auxiliary Police Section
  23. ^ Auxiliary Sergeant David Freed, New York City Police Department - Auxiliary Police Section, New York
  24. ^ Auxiliary Sergeant Noel R. T. Faide, New York City Police Department - Auxiliary Police Section, New York
  25. ^ Auxiliary Sergeant Larry L. Cohen, New York City Police Department - Auxiliary Police Section, New York
  26. ^ Auxiliary Police Officer Armando Rosario, New York City Police Department - Auxiliary Police Section, New York
  27. ^ Auxiliary Police Officer Milton S. Clarke, New York City Police Department - Auxiliary Police Section, New York
  28. ^ Auxiliary Police Officer Nicholas T. Pekearo, New York City Police Department - Auxiliary Police Section, New York
  29. ^ Auxiliary Police Officer Yevgeniy (Eugene) Borisovitch Marshalik, New York City Police Department - Auxiliary Police Section, New York
  30. ^ Feds admit mistake, change course on death benefits for auxiliary cop heroes

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