Schoolcraft v. The City Of New York et al

Filing 399

FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 28, # 2 Exhibit POX 29, # 3 Exhibit POX 31, # 4 Exhibit POX 32, # 5 Exhibit POX 34, # 6 Exhibit POX 35)(Smith, Nathaniel) Modified on 2/17/2015 (db).

PATROL GUIDE
j Section: Personnel Matters

Procedure No:

205-38

INVESTIGATION OF INCIDENTS OF RETALIATION AGAINST
MEMBERS OF THE SERVICE
DATE ISSUED

02/23/07

I

DATE EFFECTIVE

03/02/07

., REVISION NUMBER:

07-01

I

PAGE

I of3

PURPOSE

To provide guidelines in accordance with the provisions of the Whistleblowers
Law for the investigation of allegations of retaliation made by members of the
service who have voluntarily reported misconduct or corruption.

DEFINITION

WHISTLEBLOWERS LAW - An Administrative Code provision which
encourages City employees to report improper conduct, i.e., corruption, criminal
activity, conflict of interest, gross mismanagement or abuse of authority, within
their respective agencie<>. This law protects City employees who report such
wrongdoing from any form of retaiiation, i.e., dismissal, demotion, suspension,
disciplinary action, negative performance evaluation, any action resulting in loss
of staff, office space or equipment or other benefit, failure to appoint, failure to
promote, or any transfer or assignment or failure to transfer or assign against the
wishes of the affected employee.

SCOPE

The Department has the responsibility to encourage members to come forward
and voluntarily provide information regarding misconduct and corruption.
Inherent in this responsibility is the ability to protect those members from
retaliation.
IT IS THE POLICY OF THIS DEPARTMENT THAT
RETALJATION AGAINST ANY MEMBER OF THE SERVICE FOR
VOLUNTARILY PROVIDING INFORMATION REGARDING MISCONDUCT
AND CORRUPTION WILL NOT BE TOLERATED.

PROCEDURE

When a member of the service believes he/she is the victim of retaliation for
voluntarily providing information regarding misconduct or corruption.

MEMBER OF
THE SERVICE

I.

NOTE

A member of the service may elect 10 reporl that he or she has been the victim a(
retaliation as mtllined in this procedure direc!ly to the Employee Relations Section. i(
such a complaint is received a/ the Employee Relations Section, or any unit olher than
the Internal Affairs Bureau (whether fi'om the member directly or from an outside
agency/organi:::ation) the unil receiving the complaint MUST nolify the infernal Aflairs
Bzrreau and.forward all pertinent iJ?formalion direclly lo the internal Affairs Bureauji;r
approp,·iate action.
Any member ollhe service who is made aware of an allegation of re/a!iation for
reporting wrongdoing shall make reasonable efforts to protect the anonymily and
confidentiality of the employee making the allegation.

MEMBER
CONCERNED,

2.

lA3
COMMAND
CENTER

..,

.),

Notify Internal Affairs Bureau Command Center at (212) 741-840 I.

Record pertinent information and assign a log number.
Have an immediate preliminary investigation conducted to obtain all
ava11able facts and evidence.
Indicate results in log.
a.

NEW • YORK • CITY • POLICE • DEPARTMENT
NYC00012779

PATROL GUIDE

PROC~~'UMBER·

DATE EFFECTIVE

03102107

20 5-38

II

REVISION NUMBER

07-0 I

I PAGE
I

2 of3

NOTE

Members ojthe service should comply >t'ith the provisions ofP.G. 205-36, "Employment
Discrimination, " to lodge a cornplaint of retaliation regarding an equal employment
opportuni~v issue. Allegations of retaliation involving equal employment opportunity
issues (employment discrimination, sexual harassment, etc.) MUST be referred to the
Office of Equal Employment Opportunity for investigation.

CHIEF 0.1<
INTERNAL
AFFAIRS

4.

NOTE

Only the internal Affairs Bureau or Office of Equal Employment Opportunity are
authorized to conduct investigations involving allegations of retaliation against any
member ofthe service for voluntarily having provided information regarding misconduct
or corruption. Allegations which do not violate the Whistleblowers Law will be referred
to the appropriate investigative unit concerned for additional action.

5.

6.

Evaluate each complaint to determine whether the case may fall within
the: purview of the Wh;istleblowers Law.
Refer cases requiring further investigation concerning violations of the
Whistleblowers Law to either the Internal Affairs Bureau or Office of
Equal Employment Opportunity, as applicable.

Forward notification to the Employee Relations Section of allegations of
violations ofthe Whistleblower Law. Notification will NOT be made for
allegations that have be1~n referred to OEEO.

NOTE

In certain instances, to maintain the confidentiality of an associated investigation,
notification to tlze Employee Relations Section will not be made until such time as the
Internal Affairs Bureau deems it Clppropriate.

EMPLOYEE
RELATIONS
SECTION

7.

Contact complainant upon receipt of notification and offer the services of
the appropriate Department employee assistance program.

lAB

8.

Forward report through channels upon completion of investigation.

INVES'flGATIVE

GROUP
NOTE

Due to the need 1o maintain the confidentiality of invesligations to the extent possible,
OEEO will nut be required 10 forrFard repurls of employment discrimination relalialion.
These reports will remain on file at OEEO until such rime that disclosure thereof is
necesSW)'.

CHIEF OF
INTERNAL
AFFAIRS

9.

Forward repo11 and recommendations to the Police Commissioner.

POLICE
COMMISSIONER

10.

Review report and direct necessary action.

NEW • YORK • CITY • POLICE • DEPARTMENT

NYC00012780

PATROL GUIDE
~DCEDUR,=E=N=U=M=B=E=R=·====~~=D=A~T=E=.E=F=F~EC~T~I=V~E•========~R~EV~I~SI~O~N~N~U~M~B~E~.R~·=======~i~P~A~G~E==============~

~======20=5=-3=8=========di===========03=/=02=/0=7======·~=====~07=-~0=l======~·=======3=o~f~3====~
ADDITiONAL
DATA

Members of the service are reminded that the Department has several employee
assistance units available to provide help in addressing a personal or professional
proble1n. To obtain additional information regarding the types of services provided by
these units, members can refer to the Department publication entitled EMPLOYEE
ASSISTANCE PROGR4MS AND RESOURCE BOOKLET (BM497)
Members of the service who voluntarily provide information or assislance in
internal/external investigations should be acknowledged for their high acts of integrily.
In order to acknowledge such members, while maintaining the confidentiality of their
actions, a sub-committee of the Integrity Review Board is established. This special subcommittee shall consist of the First Deputy Commissioner, Chief of Personnel, and the
Chief of Internal Affairs Gorincipals only, no representatives).
It will be the
responsibility of the sub-committee to review the actions of those members of the service
who have voluntarily come .fi'Jrward and provided information, and recommend
appropriate acknowledgement to the Police Commissioner.

RELATED
PROCEDURES

Employment Discrimination (P.G. 205-36)

FOJiMSAND
REPORTS

Typed Letterhead

NEW • YORK • CITY • POLICE • DEPARTMENT
NYC00012781