Section 150. Establishment of town police departments  


Latest version.
  • 1. The town board of
      any town may establish a police department and appoint a chief of police
      and such  officers  and  patrolmen  as  may  be  needed  and  fix  their
      compensation. The compensation of such policemen shall be a town charge;
      providing  however,  no assessment on property in any village within any
      town or partially within any town shall be made for the  maintenance  or
      operation  of  a town police department established after January first,
      nineteen hundred sixty, pursuant to this section  if  any  such  village
      maintains  a  police  department  of four or more policemen on an annual
      full-time basis, established and maintained under  the  rules  of  civil
      service.  The  town  board  may,  at its option, determine that the town
      shall pay all or  part  of  the  cost  of  the  uniforms  and  necessary
      equipment  of  its policemen, and may purchase such equipment for use by
      the police department as  it  shall  deem  necessary,  including  police
      patrol  vehicles,  and  emergency  service  vehicles  for  police use in
      connection with accidents, public calamities or  other  emergencies.  No
      assessment  on  property in any village within any town in the county of
      Suffolk or in any village within the town of Fallsburgh  shall  be  made
      for  the maintenance or operation of such town police department, if any
      such village maintains a police department of two or more  policemen  on
      an  annual  basis.  In  the  event  that a town has established a police
      department prior to January first,  nineteen  hundred  sixty,  the  town
      board  of  such town may enter into an agreement with any village within
      it or partially within it which maintains a police department of four or
      more policemen on an annual full-time basis, established and  maintained
      under  the rules of civil service and determine therein what part of the
      cost thereof shall be assessed against the property in the  village  and
      what  part  thereof  shall  be assessed against the property in the town
      outside of the village.   Thereafter such portion of  the  cost  thereof
      determined  to  be  assessed  outside  of  the village shall be a charge
      against that part of the town  outside  of  the  village  and  assessed,
      levied  and collected from the taxable property of that part of the town
      outside of the village. When appointed, such policemen shall  be  police
      officers  and shall have all the powers and be subject to all the duties
      and liabilities  of  a  police  officer  in  all  criminal  actions  and
      proceedings and special proceedings of a criminal nature.
        2. The town board of a town in which such a police department has been
      established  at  any  time by resolution may establish a board of police
      commissioners  for  such  town  and  appoint   one   or   three   police
      commissioners  who shall at the time of their appointment and throughout
      their term of office be electors of  such  town,  and  who  shall  serve
      without compensation, and at the pleasure of the town board. If the town
      board  shall  appoint  only  one  such  police commissioner, it shall in
      addition designate two members of the town board to serve as members  of
      such  police commission. The town board may also by resolution designate
      the supervisor to serve as police commissioner, and when so  designated,
      such  supervisor  shall have all the powers of and perform the duties of
      such board of police commissioners. When either of such boards of police
      commissioners shall have been established or  supervisor  designated  as
      police  commissioner,  such  board  of  police  commissioners  or police
      commissioner shall have and exercise all the powers relative  to  police
      matters conferred upon the town board pursuant to this article. The town
      board  may  by  resolution at any time abolish such police commission or
      revoke the designation of such supervisor  as  police  commissioner  and
      thereupon  the  town board only shall exercise the powers conferred upon
      it by this article.
    
        3. The town board of a town, upon establishing or abolishing a  police
      department,  shall  notify  the commissioner of the division of criminal
      justice services of such action within thirty days thereafter.
        4. Any local law which seeks to abolish a town police department shall
      be  subject  to  a permissive referendum as provided in article seven of
      this chapter.