Department practices, rules and regulations can have a significant impact on an officer’s career, compensation, health, safety and ability to use and enjoy off-duty time. For that reason, it’s important for police officers to take on the responsibility of knowing the laws and rules governing the workplace, understanding and protecting rights afforded officers from various sources, and knowing what to do in the event they believe their rights have been violated. In the next few weeks, you will see a new feature on the PBA Website, the General Counsel’s Page. We hope this new feature will help members understand and protect their rights.

You will be able to access the General Counsel’s web page through the PBA’s website, NYCPBA.org. One of the most important features will be the Forms section, which will explain issues frequently confronting police officers and provide standard forms for members to download and print that will enable them to communicate with the Department and advance their rights.

A grievance is the vehicle for a member to allege that the Department has violated the collective bargaining agreement or a Department rule or procedure. The web page describes the grievance process, how to bring a grievance, cautions members that they have only 90 days to file a grievance and provides the PBA grievance form, which is the first step in the grievance process.

Another form that will be available online is the summons quota affidavit, which allows members to raise a claim that the Department has wrongfully imposed a summons quota and that, as a result of the member failing to meet the quota, has taken an adverse action against a member with respect to a term or condition of employment.

The Family Medical Leave Act (“FMLA”) allows eligible members to take up to 12 weeks of unpaid leave for: (a) the birth of a child or to take care of a newborn; (b) the adoption or care of a newly adopted child (up to the first 12 months); (c) the care of a spouse, child or parent with a serious health condition; or (d) the employee’s serious health condition that makes the employee unable to perform the functions of the employee’s position. (Of course, this last benefit should not be used in place of our unlimited sick leave.)

On the web page, you will find an explanation of the FMLA and a form to request FMLA leave.

Next, there is a form to appeal an evaluation if checking the appropriate box on the performance evaluation itself does not lead to an appeal or, if granted, is not satisfactorily addressed at the C.O. level. In disputing an evaluation, the member must use one of these vehicles to ensure that an appeal is granted. If you believe you were discriminated against in your employment based on age, national origin, alienage, race, creed, religion, gender or any other actionable basis, we have made available EEO complaint forms and instructions for their use.

Department vehicle accidents may lead to an increase in members’ private insurance rates. To ensure that that does not occur, a member may request that his or her Commanding Officer send a letter to the New York State Insurance Department. Under applicable regulations, no penalty can be imposed on the officer based on the accident. We have included a downloadable UF 49 to the commanding officer and a form letter for the commanding officer to use in contacting the State Insurance Department.

Two additional areas will explain the reasons for sealing certain member disciplinary records and appealing a chronic sick designation. We have provided forms to facilitate members’ sealing records and appealing “chronic” designations.

Finally, we have included a will questionnaire and forms for health-care proxy, living will, and power of attorney, which will, upon completion, allow a member and/or spouse to have a will and related documents prepared.

Besides the above features, we’ve included decisions involving the PBA and other decisions of interest, certain Patrol Guide materials, and other appropriate links. We hope to expand the page in the future to address other issues frequently encountered by members and occasional special articles and features.

If you have any questions about your legal rights or the web page when it appears, don’t hesitate to contact the General Counsel’s Office at the PBA.