Section 121-A. Creation of village and town police department in certain towns and villages  


Latest version.
  • Notwithstanding the provisions of any  law,  general  or  special,  the  town  board  or boards of a town or towns in the same
      county and the board or boards of trustees of an incorporated village or
      villages located wholly  within  such  town  or  towns,  may,  upon  the
      adoption  of  propositions therefor duly submitted in such town or towns
      and village or villages, determine to create a joint  town  and  village
      police  department  for  such town or towns and village or villages. The
      proposition to be submitted in such village or villages may be submitted
      at a general or special election of each village and the proposition  to
      be  submitted  in  such  town  or towns may be submitted at a general or
      special election of each  town.  Upon  the  adoption  of  a  proposition
      therefor  as  herein provided, the town board or boards and the board or
      boards of trustees of the  village  or  villages  shall  meet  in  joint
      session,  at  a  time  and  place  to be determined by agreement of such
      boards, and organize such joint police department  and  establish  rules
      and  regulations  governing the same. Such boards shall at such meeting,
      by a majority vote, appoint a chief of  police  for  such  joint  police
      department. Such chief of police shall be a resident of the area covered
      by  such  joint  department and be subject to the control, direction and
      supervision of  such  joint  boards.  Such  chief  of  police  shall  be
      appointed  for  a  term of office of three years, and shall receive such
      compensation as the  town  and  village  boards  at  joint  session  may
      determine.  A chief of police may be removed by joint action of the town
      and village boards upon written charges for malfeasance  or  misfeasance
      in  office.  Such  charges shall be filed in duplicate in the offices of
      the town and village clerks and a copy thereof served personally on  the
      chief  of  police.  The town and village boards shall, in joint session,
      designate a time and place for a hearing upon  such  charges  and  cause
      notice  of such hearing to be served personally upon the chief of police
      at least five days before the day set for  the  hearing.  The  town  and
      village boards shall hear the evidence in support and in defense of such
      charges  and by majority vote make an order sustaining or dismissing the
      charges. An order sustaining the charges shall operate as a removal  and
      the  town  and  village boards shall thereupon appoint another person to
      fill the vacancy. The person so appointed  shall  hold  office  for  the
      balance  of  the unexpired term or until the entry of a final order by a
      court of competent jurisdiction determining that the chief of police was
      wrongfully or unlawfully removed. An appeal to the county court  may  be
      taken  by  the chief of police removed within thirty days after personal
      service of a copy of such order  of  removal.  The  county  court  shall
      consider the charges presented and review the evidence taken before such
      joint  board.  It  may  hear  additional  evidence  and  shall make such
      determination as justice requires. A copy of such order shall  be  filed
      in  the  offices  of the town and village clerks. An order by the county
      court determining the charges  shall,  upon  such  filing,  act  as  the
      reinstatement  of the person removed. The board or boards of trustees of
      each village shall appoint village policemen for service inside the area
      covered by such joint department, and the town  board  or  boards  shall
      appoint town policemen for service inside the area covered by such joint
      department.  Such town and village policemen shall be appointed for such
      terms of office and receive such compensation as  the  town  or  village
      board may determine. The expense of village policemen, chargeable by law
      to  a  village shall be a charge against the village employing them, and
      the expense of the town policemen chargeable by law to a town, shall  be
      a  charge  against  real  property  in  the town employing them situated
      outside of such participating village or villages.  The  salary  of  the
      chief   of   police   and  other  expenses  of  the  department,  except
    
      compensation of village and town policemen, shall be apportioned between
      the village or villages and the town or towns by such  boards  in  joint
      session.  The  portion  of such expense to be borne by a town shall be a
      charge   in   that   portion  of  the  town  situated  outside  of  such
      participating village or villages and the  portion  to  be  borne  by  a
      village  a village charge. Upon the creation of a joint town and village
      police department as herein provided, the term of  office  of  all  town
      constables  heretofore elected in such town or towns shall terminate and
      thereafter no constables shall be elected in any such town,  unless  and
      until  such  police  department  is abolished as hereinafter provided. A
      joint police department established as provided by this section  may  be
      abolished upon the adoption of a proposition duly submitted at a general
      or  special  village  or  town  election to take effect on January first
      succeeding the next general election at which town officers are elected.
        Whenever the town board of a town or towns in the same county and  the
      board  of trustees of an incorporated village or villages located wholly
      within such town or towns, either create or abolish  a  joint  town  and
      village  police  department,  the  joint  board taking such action shall
      notify the commissioner of the division of criminal justice services  of
      the action taken by them within thirty days of such action.