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New York City Sheriff's Office

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Office of the Sheriff of the City of New York
File:New York City Sheriff Uniform Patch.jpeg
Common nameNew York City Sheriff's Office
MottoNew York's First
Agency overview
Formed1626
Jurisdictional structure
Operations jurisdictionNew York, New York, U.S.
Map of Office of the Sheriff of the City of New York's jurisdiction
Size1,214.4 km²
Population8,274,527
Legal jurisdictionNew York state
Operational structure
Deputy sheriffs150
Agency executive
  • Joseph Fucito, Undersheriff-in-Charge / Acting Sheriff
Facilities
County Field Offices5
List
Website
Official Site

The New York City Sheriff's Office, officially the Office of the Sheriff of the City of New York, is the civil law enforcement division of the New York City Department of Finance.[1] The Sheriff's Office is headed by a sheriff, who is appointed to the position by the mayor, unlike most sheriffs in the US state of New York who are elected officials.[2] Due to the fact that the City Sheriff serves as the sheriff for more than one county, he/she is considered a high sheriff with a subordinate undersheriff in charge of each county-borough. Deputy sheriffs of various ranks carry out the duties of the sheriff's office.

The New York City Sheriff is the chief civil law enforcement officer for the City of New York. Responsibilities of deputy sheriffs include revenue collections in civil situations; collecting funds or making arrests for parents in arrears of child-support payments; and collecting on judicial judgments, and parking or moving violations. They handle enforcement judgments for both small claims and supreme court. Such responsibilities may involve collection of unpaid taxes, enforcement of unpaid environmental fines, seizure of property and evictions. The sheriff also may sell real estate and personal property to satisfy judgments, and perform civil arrests. The sheriff's office has also become involved with cigarette-tax enforcement as well as assisting the NYC Department of Buildings in enforcing stop work orders. In addition, the sheriff sells vehicles not recovered by their owners, checks towed vehicles to determine if they are stolen, and enforces court judgments through a variety of programs.

History

The New York City Sheriff's Office originated in 1626. Each of the city's five county-boroughs had its own sheriff's office, each which held the widest law enforcement jurisdiction in its respective county-borough until the New York City consolidation in 1898. Once the city was consolidated, the New York City Police Department took over responsibility for criminal investigations throughout the entire city.

The city sheriff was reorganized as the Office of the Sheriff of the City of New York, effective 1 January 1942. The city's five county sheriffs were abolished and replaced with borough "chief deputies" (later Undersheriffs) reporting to the now mayorally-appointed city-wide sheriff. A contemporary report of the changes emphasized professionalization of the office, which had become notorious for employing political patronage beneficiaries. The new top five commanders were "all college graduates" and "lawyers like their chief, who promises to keep out politics".[3] At the same time, the sheriff's former responsibility for running prisons was transferred to the newly established New York City Department of Correction.[4]

Chain of command

The sheriff's office has a line and staff chain of command that is similar to that of police departments and military organizations:

Title Insignia Badge Design Uniform Shirt Color
Sheriff
Medallion with eagle and five stars
White
Undersheriff-in-Charge
Medallion with eagle and four stars
White
Chief of Staff
Medallion with eagle and Four stars
White
Undersheriff
Medallion with eagle and One star
White
Lieutenant
Medallion with Rank
White
Sergeant
Shield with eagle
Dark Blue
Deputy Sheriff
Shield
Dark Blue

Currently, Undersheriff-in-Charge Joseph Fucito is serving as acting sheriff, his second time serving in such role. The previous sheriff was Edgar A. Domenech, who has recently retired from city service. Edgar Domenech is credited with many achievements during his tenure as sheriff, such as revamping the organization of the Tax Enforcement division, creating the agency's tactical unit (Field Support Unit), and appointing more deputies in 2013 than have been appointed in the past 20 years. He was appointed to the position of sheriff by Mayor Michael Bloomberg in January 2011, and is a retired Deputy Director from the Bureau of Alcohol, Tobacco, Firearms and Explosives after 26 years of service. [5]

In addition to deputy sheriffs, the Sheriff's Office employs sworn investigators and security officers. As with other sworn members of city law enforcement agencies, the investigators get their powers and privileges pursuit to the New York State Criminal Procedure Law as peace officers, under one of the subdivisions of §2.10, or in the case of security officers as special patrolmen, under subdivision 27, §2.10.

The Office of the New York City Sheriff is served by a Chaplain Support Unit. The current Sheriff has appointed four Chaplains to serve the unique needs of the sworn, investigative and support staff members of the New York City Sheriff’s Office. Sheriff’s Chaplains are not deputy sheriffs but are duly authorized uniformed 'Members of the Service'. Each is a certified law enforcement Chaplain who collectively have over 100 years of combined service. Sheriff’s Chaplains have the assimilated rank of undersheriff with the chaplain’s insignia, and are outside the operational chain of command with no actual law enforcement authority. In addition to the four the Sheriff may appoint a Senior Chaplain who would wear two stars and the chaplain’s insignia. Appointment as a Chaplain or as the Senior Chaplain is subject to the needs of the office and the discretion of the Sheriff.

Chaplain's Title Insignia Badge Design Uniform Shirt Color
Senior Chaplain
Medallion with eagle and two stars with chaplain's insignia
White
Chaplain
Medallion with eagle and one star with chaplain's insignia
White

All sworn 'Members of the Service' are vested with an authorized badge (shield) and an identification card. Sheriff's Office employees who are not sworn law enforcement officers will have identification cards.

Diversity of work performed

All law enforcement duties executed in the name of the sheriff are performed by deputy sheriffs and investigators. Because of the highly diverse law enforcement duties deputy sheriffs encounter, deputy sheriffs are cross trained in many areas of criminal law and civil law. The deputy sheriff can be considered the "jack of all trades" law enforcement officer. It is not unusual for a deputy sheriff to perform work similar to a police officer, correction officer, court officer, investigator, lawyer, accountant, and auctioneer all in one day. Because of the diversity in tasks a deputy sheriff must face, the requirements for deputy sheriff are one of the most stringent in comparison with other law enforcement positions available in the city and state.

In order to be hired as deputies, candidates must first pass a civil service entrance examination and meet strong educational/experiential requirements. In addition, candidates must pass medical and psychological examinations, a physical ability test, and a full background investigation.

Units

Law Enforcement Bureau (LEB) / County Offices

By law, the sheriff must maintain an office in each of the five counties/boroughs of New York City. Deputy sheriffs assigned to these offices perform a variety of tasks such as executing arrest process (such as warrants of arrest), orders to commit, evictions, and service other types of civil process. These deputies also enforce the seizure and sale of property pursuant to judicial mandates. Businesses and individuals that owe the city money pursuant to unpaid city tax warrants, environmental control board summons, and fire and health code violations and fines, are targeted for enforcement action by this unit. There is a Law Enforcement Bureau based out of each of the five counties in New York City. The county offices are accessible to the public, giving citizens of the county/borough a local place to file court process in need of enforcement. Deputy sheriffs also provide an additional law enforcement presence on the city streets, and may be called upon for assistance. This assistance includes but is not limited to summoning emergency medical service; preventing and terminating crimes in progress or about to be committed; and any other peacekeeping function necessary to maintain law and order. This also includes issuing summonses to vehicles in violation of New York City traffic ordinances and New York State vehicle and traffic laws.

In addition to these services, the Sheriff's Office contains several units for specific and sometimes specialized assignments.

Warrants Unit

Deputy sheriffs assigned to this unit serve legal process such as summonses and subpoenas for family court offenses as well as arresting and jailing individuals pursuant to family court warrants of arrest and commitment.

Scofflaw Unit

Deputy sheriffs assigned to this unit handle scofflaw enforcement, searching the city streets with court mandates in order to immobilize (boot) vehicles for excess unpaid parking and moving violations, and if necessary, seize the vehicle.

Mental Health Enforcement Unit (also known as Kendra's Unit)

This unit enforces Kendra's Law, named after Kendra Webdale, who was pushed onto the subway tracks by a mentally ill man in 1999. Kendra's law provides a procedure for the removal of a patient, subject to a court order, to a hospital for psychiatric evaluation and observation. In cases where the patient fails to comply with the ordered treatment and poses risk of harm, this unit will locate, detain, and transport the patient.

Field Support Unit (FSU)

Deputy Sheriffs assigned to this unit undergo extensive training in special weapons and tactics, breaching/entry, communications, fleet maintenance, and surveillance. This unit utilizes specialized weaponry, vehicles, tools, and tactics to assist other units in the field during high risk situations.

Department of Finance - Tax Enforcement

The Tax Enforcement is a branch of the Department of Finance, working under the supervision of the Sheriff’s Office. It has an investigatory, audit and compliance function as it pertains to the tax codes of the city. It is staffed with investigators, auditors and various other support personnel positions. Although considered its own office/division in the Department of Finance, the division reports directly to the Sheriff, as well as the Undersheriff-in-Charge. In operational command of the unit is a sworn investigator with the title of Director of Tax Enforcement. The division is divided into two units; investigations and audits. An investigator with the rank of Chief Investigator supported by supervising investigators oversees the Investigations Unit. An audit manager supervises the Audit Unit. The investigators, auditors, and other staff members of this division often work alongside deputy sheriffs to enforce city tax regulations. Within this division is the Tobacco Tax Task Force, a unit made up of Deputy sheriffs, fraud investigators, and civilian personnel from other Department of Finance divisions. The Tobacco Tax Task Force ensure retailer compliance with New York City taxes imposed on all tobacco products. This task force monitors inter-state sales of tobacco products, conducts inspections of tobacco retailers, and makes arrests and seizures pursuant to illegal sales and distribution of untaxed tobacco products.

Power and authority

Deputy sheriffs are New York State peace officers and are authorized to make warrantless arrests, issue summonses, conduct vehicle stops, carry and use firearms, batons, pepper spray, handcuffs, and use physical and deadly force. Deputy sheriffs have peace officer status both on-duty and off-duty.

Fallen officers

Since the establishment of the sheriff’s offices in the 5 counties of New York City, 6 sworn members of service have died in the line of duty.[6]

Officer Department Date of Death Details
Deputy Sheriff Isaac Smith Bronx County Sheriff's Office, NY
Thursday, May 17, 1792
Gunfire
Deputy Sheriff Henry Wendelstorf Queens County Sheriff's Department, NY
Friday, June 25, 1897
Assault
Sheriff Paul Stier Queens County Sheriff's Department, NY
Friday, October 13, 1916
Gunfire
Keeper Morris Broderson Bronx County Sheriff's Office, NY
Thursday, July 19, 1928
Gunfire
Keeper Daniel D. Horgan Bronx County Sheriff's Office, NY
Thursday, July 19, 1928
Gunfire
Deputy Sheriff John T. Miller Queens County Sheriff's Department, NY
Thursday, March 30, 1939
Automobile accident
Deputy Sheriff Fred D'Amore Queens County Sheriff's Department, NY
Thursday, March 30, 1939
Automobile accident

See also

References

  1. ^ New York City Department of Finance pagehttp://www.nyc.gov/html/dof/html/sheriff/sheriff.shtml
  2. ^ N.Y. Constitution, Article 13, section 13. See [1] (pdf) at p. 41; see also [2] (html).
  3. ^ "McCLOSKEY PICKS HIS 5 CHIEF AIDES". New York Times. 2 January 1942. Retrieved 9 January 2012.
  4. ^ McKinley, Jesse. "F.Y.I.", The New York Times, November 27, 1994. Accessed January 21, 2008. "Established in 1626, the Sheriff's office in Manhattan and its equivalents in the other boroughs served as a major part of the patchwork of law-enforcement agencies that existed before the city's consolidation in 1898. After that, the new New York City Police Department took over the responsibility for criminal investigations and arrests. Prior to the merger into one department, the sheriff was responsible for maintaining the city jails and maintained custody over all inmates sentenced or awaiting trial for criminal cases. In 1941, The NYC Charter was amended by public referendum votes to transfer custodial duties of inmates in criminal cases to the New York City Department of Correction. Today, the city sheriff's primary duties are enforcing court-ordered judgments and fines, including unpaid parking tickets and littering fines, and collecting judgments from reluctant losers in private lawsuits, said John George, the Sheriff's executive assistant. "
  5. ^ Edgar A. Domenech Named New York City Sheriff
  6. ^ The Officer Down Memorial Page