by Al Baker, New York Times
The New York Police Department is considering toughening the disciplinary sanctions for officers who drink and drive so that those involved in serious automobile accidents after drinking — either on or off duty — would almost certainly be dismissed.
In recent years, officers arrested for drunken driving have faced a myriad of departmental penalties, but were very rarely fired unless convicted of a felony. In a majority of cases, officers found guilty of driving while intoxicated were able to remain employed in the Police Department, collecting their pay.
Now, a new policy proposal that would strengthen the penalties against officers who abuse alcohol has been drafted, and Police Commissioner Raymond W. Kelly is expected to announce a final version soon.
“Commissioner Kelly is reviewing the department’s alcohol policy and will announce a revised plan in the coming weeks,” said Michael P. O’Looney, who is Mr. Kelly’s chief spokesman. Mr. Kelly could still tweak the draft in ways large or small, department and police union officials said.
Alcohol consumption by officers has made for several episodes of public disgrace recently. Indeed, as details of the department’s latest effort to solve its problem came to light yesterday a jury in Brooklyn Supreme Court began deliberating in the manslaughter trial against former Officer Joseph Gray, charged with driving into a pregnant woman and her family after going on a drinking binge while off duty.
The new, one-page policy was handed out to members of the five unions that represent uniformed police officers at a meeting at 1 Police Plaza on Wednesday, said John P. Beirne, the department’s deputy commissioner for labor relations.
“P.B.A. president Pat Lynch is waiting to see what form the final policy takes and he will be watching it closely to ensure that P.B.A. members are afforded the same due process as non-police officers,” said Albert W. O’Leary, who is the chief spokesman for the Patrolman’s Benevolent Association, which has 24,000 members.
Under the new policy — if it is adopted — officers who are found guilty in a departmental trial of being unfit for duty because they were driving while intoxicated and caused serious physical injury to a third party, would face dismissal “absent exceptional circumstances,” the draft said.
Also, police officers who, in a departmental hearing, admit to driving while intoxicated in incidents in which there is no serious physical injury will be placed on probation for a year. That is the existing practice. But there is an added wrinkle: As a condition of their plea, those officers must agree to be submit to random Breathalyzer tests while on duty during that year.
The policy — described as the first of its kind to be issued by the department — would codify the penalties that officers face and would take admonitions from an assortment of departmental rules and guidelines and put them in one place so that no one would be confused about the department’s stance.
“It is in writing and everyone can read it and know what the ramifications will be: you will be fired, no ifs, ands or buts,” a senior police official said.
Mayor Michael R. Bloomberg said yesterday that he supported Mr. Kelly’s effort. “I happen to think that’s a very intelligent policy,” the mayor said. “Maybe a lot of employers should do that.”