The following was submitted to From The G-Man by a source within the New York City Police Department.
ALERT: PANTALEO FIRED — Guidance for All PBA Members on Arrests & Use of Force
Dear PBA Member:
I am writing to inform you that Police Commissioner James O’Neill has adopted the NYPD Trial Commissioner’s recommendation in the case of P.O. Daniel Pantaleo (120 Pct). P.O. Pantaleo has been found guilty of reckless assault and has been terminated by the Department, effective immediately.
P.O. Pantaleo indicates that he will pursue a legal challenge of this arbitrary, capricious and blatantly political decision. The PBA will continue its representation and public support of P.O. Pantaleo throughout that process.
The PBA Executive Board is also advancing a Resolution of No Confidence in both Police Commissioner O’Neill and Mayor de Blasio, which will be put to a vote of the PBA Delegate body.
In the meantime, however, every New York City police officer must understand that this unprecedented decision has fundamentally changed the nature of our job. Commissioner O’Neill has opened the door for politicians to dictate the outcome of every single NYPD disciplinary proceeding, without any regard for the facts of the case or the due process rights of MOS.
Be advised that neither your Police Academy training nor the current Patrol Guide procedures reflect the precedent established by this decision.
Unless and until the Department provides updated guidance on how police officers are expected to do our job without any expectation of due process, all PBA members are advised to utilize the discretion afforded by current Department procedures to protect themselves from unwarranted discipline and legal liability:
For jobs not assigned to your unit, respond as backup on all crimes in progress, EDP jobs, and any past crimes where the alleged perpetrator remains on the scene.
For every job involving a possible arrest situation, immediately request response by patrol supervisor and additional members to help control situation, pursuant to P.G. 221-02, “Use of Force.”
Await the patrol supervisor’s arrival before attempting to effect an arrest, except when immediate action is necessary to protect life and personal safety of all persons present (see P.G. 221-02).
Prior to effecting an arrest, confer with the patrol supervisor. Document in your memo book all instructions received from the patrol supervisor or other supervisors at the scene.
Utilize your cameras to document the entirety of every encounter, in accordance with Department procedures.
Before making any physical contact with a prisoner, inform him or her of the authority and cause for the arrest pursuant to P.G. 208-02 and request that he or she place hands behind the back for rear cuffing.
If the prisoner does not comply with repeated requests to place his or her hands behind the back, refer to procedures contained in P.G. 208-02 for handling of an irrational/violent arrestee:
Immediately request response of patrol supervisor (if not already present) and the Emergency Service Unit.
Attempt to isolate and contain the suspect.
Institute emotionally disturbed person procedures contained in P.G. 221-13, “Mentally Ill or Emotionally Disturbed Persons.”
When any level of physical force is used, immediately request a response from Emergency Medical Service (EMS) pursuant to P.G. 210-04, “Prisoners Requiring Medical/Psychiatric Treatment.” Do not transport the prisoner until he or she has been evaluated by EMS personnel.
For every incident in which a prisoner does not voluntarily submit to arrest, or any other circumstance in which an MOS makes physical contact with a member of the public, ensure that a THREAT, RESISTANCE OR INJURY (T.R.I.) INCIDENT WORKSHEET (PD112-145) is completed as promptly as possible (e.g., before the end of your tour, on overtime if necessary).
Contact your PBA Delegate to request an attorney if you need legal representation following any incident. Do not discuss any details of the incident with any party until your attorney is present.
As we continue to fight this travesty of justice, we must remain united to protect each other from the toxic political environment in which we are forced to work. There is no doubt that New York City police officers will continue to uphold our oath and protect our city from crime and disorder. But we cannot and will not achieve that goal by needlessly jeopardizing our careers or personal safety.
Fraternally,
Patrick J. Lynch
President
Dear PBA Member:
I am writing to inform you that Police Commissioner James O’Neill has adopted the NYPD Trial Commissioner’s recommendation in the case of P.O. Daniel Pantaleo (120 Pct). P.O. Pantaleo has been found guilty of reckless assault and has been terminated by the Department, effective immediately.
P.O. Pantaleo indicates that he will pursue a legal challenge of this arbitrary, capricious and blatantly political decision. The PBA will continue its representation and public support of P.O. Pantaleo throughout that process.
The PBA Executive Board is also advancing a Resolution of No Confidence in both Police Commissioner O’Neill and Mayor de Blasio, which will be put to a vote of the PBA Delegate body.
In the meantime, however, every New York City police officer must understand that this unprecedented decision has fundamentally changed the nature of our job. Commissioner O’Neill has opened the door for politicians to dictate the outcome of every single NYPD disciplinary proceeding, without any regard for the facts of the case or the due process rights of MOS.
Be advised that neither your Police Academy training nor the current Patrol Guide procedures reflect the precedent established by this decision.
Unless and until the Department provides updated guidance on how police officers are expected to do our job without any expectation of due process, all PBA members are advised to utilize the discretion afforded by current Department procedures to protect themselves from unwarranted discipline and legal liability:
For jobs not assigned to your unit, respond as backup on all crimes in progress, EDP jobs, and any past crimes where the alleged perpetrator remains on the scene.
For every job involving a possible arrest situation, immediately request response by patrol supervisor and additional members to help control situation, pursuant to P.G. 221-02, “Use of Force.”
Await the patrol supervisor’s arrival before attempting to effect an arrest, except when immediate action is necessary to protect life and personal safety of all persons present (see P.G. 221-02).
Prior to effecting an arrest, confer with the patrol supervisor. Document in your memo book all instructions received from the patrol supervisor or other supervisors at the scene.
Utilize your cameras to document the entirety of every encounter, in accordance with Department procedures.
Before making any physical contact with a prisoner, inform him or her of the authority and cause for the arrest pursuant to P.G. 208-02 and request that he or she place hands behind the back for rear cuffing.
If the prisoner does not comply with repeated requests to place his or her hands behind the back, refer to procedures contained in P.G. 208-02 for handling of an irrational/violent arrestee:
Immediately request response of patrol supervisor (if not already present) and the Emergency Service Unit.
Attempt to isolate and contain the suspect.
Institute emotionally disturbed person procedures contained in P.G. 221-13, “Mentally Ill or Emotionally Disturbed Persons.”
When any level of physical force is used, immediately request a response from Emergency Medical Service (EMS) pursuant to P.G. 210-04, “Prisoners Requiring Medical/Psychiatric Treatment.” Do not transport the prisoner until he or she has been evaluated by EMS personnel.
For every incident in which a prisoner does not voluntarily submit to arrest, or any other circumstance in which an MOS makes physical contact with a member of the public, ensure that a THREAT, RESISTANCE OR INJURY (T.R.I.) INCIDENT WORKSHEET (PD112-145) is completed as promptly as possible (e.g., before the end of your tour, on overtime if necessary).
Contact your PBA Delegate to request an attorney if you need legal representation following any incident. Do not discuss any details of the incident with any party until your attorney is present.
As we continue to fight this travesty of justice, we must remain united to protect each other from the toxic political environment in which we are forced to work. There is no doubt that New York City police officers will continue to uphold our oath and protect our city from crime and disorder. But we cannot and will not achieve that goal by needlessly jeopardizing our careers or personal safety.
Fraternally,
Patrick J. Lynch
President
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