US Laws, Codes, Statutes & Cases

 
    §  9-116 Three platoon system. a. Unless expressly otherwise provided,
  whenever used in this  section,  the  following  terms  shall  mean  and
  include:
    1.  Custodial  officer  shall  mean and include any and all correction
  officers (male), any and all captains, any and all  correction  officers
  (female),  and any and all supervising correction officers (female). For
  the purposes of this section each of the titles enumerated herein  shall
  constitute a single employee classification.
    2.  Working  cycle  shall  mean and include that period of time within
  which each  custodial  officer  in  an  employee  classification  at  an
  institution  shall  be assigned to the same number of each of the normal
  tours of duty. Working cycles may vary as between institutions, and  may
  vary  as  to  the  different  employee  classifications  in  the same or
  different institutions, but in no case may a working  cycle  exceed  one
  calendar year in duration.
    b.  The commissioner of correction or other officer or officers having
  the management, control or direction of  the  department  of  correction
  shall  divide all the custodial officers in each employee classification
  into three platoons at each institution. No one of such platoons nor any
  member thereof shall be assigned to more  than  one  tour  of  duty,  to
  consist  of  not  more  than  ten  consecutive hours in each consecutive
  twenty-four hours, excepting only that in the  event  of  riots,  prison
  breaks  or other similar emergencies, so many of said platoons or of the
  members thereof as may be necessary, may be continued on duty  for  such
  hours as may be necessary. For the purpose of changing tours of duty and
  for  the  necessary  time  consumed  therein,  said  platoons or members
  thereof shall be continued on duty until relieved.
    c. Tours of duty  shall  commence  at  midnight,  eight  o'clock  ante
  meridian  and four o'clock post meridian of each consecutive twenty-four
  hours.  Such tours of duty shall hereinafter  be  designated  as  normal
  tours  of  duty.  At  the  discretion  of the warden or other officer or
  officers in charge of  an  institution,  other  tours  of  duty  may  be
  created.   Such  tours  of  duty  shall  hereinafter  be  designated  as
  miscellaneous tours of duty.
    Within  each  complete  working  cycle  at  each  institution,   every
  custodial  officer in the same employee classification shall be assigned
  to the same number of each of the normal tours of duty. For the  purpose
  of  such  assignment of normal tours of duty as hereinbefore prescribed,
  miscellaneous tours of duty which commence at  or  after  seven  o'clock
  ante  meridian  and  at  or before eleven o'clock ante meridian shall be
  considered to be a part of that normal tour of duty which  commences  at
  eight  o'clock ante meridian; miscellaneous tours of duty which commence
  after eleven  o'clock  ante  meridian  and  before  eight  o'clock  post
  meridian  shall  be  considered to be a part of that normal tour of duty
  which commences at four o'clock post meridian;  miscellaneous  tours  of
  duty  which  commence at or after eight o'clock post meridian and before
  seven o'clock ante meridian shall be considered to be  a  part  of  that
  normal tour of duty which commences at midnight.
    All normal tours of duty which commence at midnight or at four o'clock
  post  meridian,  and  all  miscellaneous  tours  of  duty which shall be
  considered a  part  of  these  normal  tours  of  duty  as  hereinbefore
  prescribed, shall be changed at least once in every calendar month.
    Every  member  of  each  platoon  shall  be  entitled  to at least one
  calendar day of rest upon the completion of every  six  tours  of  duty.
  This  day  of  rest  shall not be deferred longer than one calendar week
  after such member has become entitled thereto.
    None of the foregoing provisions of this section  shall  apply  to  or
  govern  the  rotation  of tours of duty of custodial officers who may be

  detailed or assigned to an institution wherein no inmates  are  detained
  overnight.
    Where in any single institution the total number of custodial officers
  in  any single employee classification is less than four in number, none
  of the foregoing provisions of this section shall apply to or govern the
  rotation of tours of duty of members of such employee classification  in
  said institution.
    None  of  the  foregoing  provisions of this section shall apply to or
  govern the rotation of tours of duty of custodial officers  who  may  be
  detailed  or  assigned to what shall hereinafter be known and designated
  as the special duty squad at each institution, provided,  however,  that
  the  number of custodial officers detailed or assigned to a special duty
  squad at any single institution may not exceed twenty-five per centum of
  the total number of custodial officers employed at the said institution;
  provided, however, that  custodial  officers  detailed  or  assigned  to
  special  duty  squads  may  be assigned only to that normal tour of duty
  commencing at eight o'clock ante meridian, or to miscellaneous tours  of
  duty  consituting  a  part  of  such  normal  tour of duty; and provided
  further, however, that throughout the department of correction the total
  number of custodial officers detailed or assigned  to  steady  tours  of
  duty,  whether as members of special duty squads or otherwise, shall not
  exceed fifteen per centum of the  total  number  of  custodial  officers
  employed in the department of correction.
    d. All custodial officers shall be allowed a vacation period as may be
  authorized  in  leave  regulations  promulgated  by the mayor. During an
  emergency, as defined herein, the vacation period may  be  withheld  for
  such  length  of  time  as  may  be  necessary.  Upon  cessation of such
  emergency each of such custodial officers from  whom  a  vacation  or  a
  portion  of  a  vacation shall have been withheld during such emergency,
  shall receive within six months from such cessation a leave  of  absence
  with pay commensurate with the number of days of such vacation withheld.
    e.   Any   commissioner  or  other  officer  or  officers  having  the
  management, control or direction of the department of correction, or any
  institution thereof, who shall fail,  after  August  eleventh,  nineteen
  hundred  thirty-nine,  to  install a system of rotating tours of duty as
  hereinbefore prescribed  in  this  section,  shall  be  deemed  to  have
  forfeited  his  or  her  office  and,  upon  the written petition of any
  citizen of the city, must be removed therefrom by the supreme  court  of
  any  judicial  district  within  which such city is contained. A copy of
  such petition must be served upon the commissioner  or  officer  accused
  and  such person shall have the right to appear and to give evidence and
  to be heard in his or her defense.
    Any commissioner or other officer or officers having  the  management,
  control  or  direction  of  the department of correction and any warden,
  acting warden  or  custodial  officer  who  shall  violate  any  of  the
  provisions  of  this  section  shall be guilty of a misdemeanor and upon
  conviction thereof shall be punished as prescribed by law.
    f. All general or specific laws inconsistent with this section or with
  any part thereof are  hereby  repealed;  provided,  however,  that  this
  section  shall in no manner affect any provisions of said law concerning
  furlough or leave of absence or exempting members of the  department  of
  correction from obligation to wear uniform when not on actual duty.