Section 209-F. Outside service by local police forces; mobilization by governor; powers of sheriffs  


Latest version.
  • 1. Whenever the public interest  requires  it,  the  governor  may,  in  his  discretion,  authorize and direct the
      superintendent  of  state  police,  the  sheriff  of   a   county,   the
      commissioner  of the Nassau county police department and the head of the
      police department or force of any county, city, town or village  of  the
      state,  to  detail,  assign,  and make available for duty and use in any
      county, town, city  or  village  of  the  state  requesting  their  aid,
      assistance  and  use, under the direction and command of such officer as
      the governor may designate, all or any part  of  the  deputies,  forces,
      equipment   and   supplies   under  the  command  and  control  of  such
      superintendent, sheriff, commissioner or head, as the case may be. While
      engaged in duty and rendering service in  such  county,  town,  city  or
      village,  the deputies, officers and members of such police forces shall
      have the same powers, duties, rights, privileges and  immunities  as  if
      they  were performing their duties in the civil or political subdivision
      in or by which they are normally employed.
        2. a. Notwithstanding any  inconsistent  provision  of  law,  general,
      special  or  local,  the  sheriff  of  any  county  may, when the public
      interest requires it, declare a state of special emergency in  any  part
      or  parts  of  his  county where the public peace is threatened or where
      life or property may be endangered, after first advising  the  governor,
      by  telegram  addressed  to the governor at the executive offices in the
      city of Albany, New York, that he is about to do so.
        b. During the continuance of any such emergency so declared and  until
      it  has  been  terminated  by  the  sheriff  who  declared  it or by the
      governor, the sheriff who declared  such  emergency:    (1)  May,  after
      having  received a request for aid from the chief executive officer of a
      city, town or village located  within  his  county,  request  the  chief
      executive  officer of any other city, town or village located within his
      county, and the administrative head of any parkway police force and  any
      state  park  police force which operates within his county, and the head
      of a county police department in his county, to detail, assign and  make
      available  for  duty and use in the city, town or village requesting the
      aid, a part  of  the  forces,  equipment  and  supplies  of  the  police
      department  or  police force of the municipality, parkway and state park
      police force, and county police department whose aid is  requested,  and
      the  chief  executive  officer  of  such  city, town or village, and the
      administrative head of such parkway and state park police force, and the
      head of a county police department, is hereby authorized  and  empowered
      to  grant  any  request so made, and (2) shall have the power to request
      any or any number of sheriffs in the state  to  aid  him  by  detailing,
      assigning  and  making available to him, for duty and use in his county,
      such number of their deputy sheriffs as may be available, together  with
      equipment  and  supplies,  and  to  deputize as emergency special deputy
      sheriffs of his county any or all personnel so supplied by  the  sheriff
      of  any  other  county,  and  the  sheriff  of any county to whom such a
      request is made is hereby authorized and empowered to grant any  request
      so made.
        c.  All or any part of the personnel, equipment and supplies furnished
      by the sheriff of another county in response to a request  therefor,  as
      aforesaid,  may  be  detailed,  assigned and made available for duty and
      use, by the requesting sheriff, (1) in a city, town or village which had
      requested  aid,  as  aforesaid,  provided  there  is  need  therefor  to
      supplement  the  aid  already  provided  by another municipality or by a
      parkway and/or state park police force, or a county  police  department,
      or any combination thereof, or if there is need therefor because no such
      aid  was  provided, or pending the arrival of such other aid, and (2) in
    
      any part of the county of the requesting sheriff which is outside a city
      or incorporated village and which, in  the  opinion  of  the  requesting
      sheriff,  is  in need thereof to maintain the public peace or to prevent
      life or property becoming endangered.
        d.  While  engaged  in  duty  and rendering service in any city, town,
      village or elsewhere, as aforesaid, the officers and members of any such
      police department or police force, and any responding  sheriff  and  his
      deputies, so assigned and made available for duty and use shall have the
      same  powers,  duties, rights, benefits, privileges and immunities as if
      they were performing their duties in the civil or political  subdivision
      in  or  by  which  they  are normally employed, and all thereof, for the
      purpose of the workmen's compensation law, shall be deemed to be engaged
      in the course of their employment from the time  they  report  for  such
      duty  until  they  return to the civil or political subdivision in or by
      which they are normally employed.
        e. The chief executive officer of a municipality who requested aid, as
      aforesaid, with the consent  of  the  chief  of  police  of  his  police
      department  or  police force if any such there be, may deactivate any or
      all of the manpower furnished, upon his  request  for  aid,  by  another
      municipality,  parkway  and/or  state park police force, and/or a county
      police department. Manpower so furnished as aid to  a  municipality  not
      having  a  police  department  or  force may be deactivated by the chief
      executive officer thereof with the consent of the sheriff of the  county
      in which it is located.
        f.  A  municipality may, by local law, delegate to the chief of police
      of its police department or police force the power hereby granted to its
      chief executive officer to request aid.
        g. If the chief executive officer of any such city, town or village is
      absent or disabled, the chief of police thereof may  make  such  request
      for  aid, grant a request therefor, and deactivate manpower furnished in
      response to request therefor.  If any such municipality does not have  a
      chief  of police a person empowered by the local legislative body may so
      act,  except  with  respect  to  deactivating  manpower  furnished  upon
      request.
        h.  As  used  in  this section: (a) The term "chief executive officer"
      shall mean: (1) In the case of a city the mayor, except in a city having
      a city manager where it shall mean such city manager,  and  (2)  in  the
      case  of  a  town the supervisor or presiding supervisor, and (3) in the
      case of a village the mayor, except in a village having a  president  or
      manager  where  it  shall  mean  such president or manager; (b) The term
      "municipality" shall mean a city, town or village.
        (i) All powers vested in the sheriff by this  section  shall  only  be
      exercised  in  the  county  of  Nassau by the county executive of Nassau
      county.