Town of Haverstraw, NY
Rockland County
[HISTORY: Adopted by the Town Board of the Town of Haverstraw: Art. I, 7-11-1988 as L.L. No. 3-1988 (Ch. 7, Art. I, of the 1966 Code); Art. II, 11-13-1989 by resolution (Ch. 7, Art. II, of the 1966 Code). Amendments noted where applicable.]

ARTICLE I
Residency Requirement for Chief and Lieutenant (§ 31-1 — § 31-6) 

ARTICLE II
Twenty-Year Retirement Plan (§ 31-7) 

[Adopted 7-11-1988 as L.L. No. 3-1988 (Ch. 7, Art. I, of the 1966 Code)]

§ 31-1
Legislative findings. 

§ 31-2
Definitions. 

§ 31-3
Residency and geographic restrictions. 

§ 31-4
Cessation of residency; forfeiture of employment. 

§ 31-5
Applicability of provisions. 

§ 31-6
Nondomiciliary appointments. 

§ 31-1 Legislative findings.

A. 

The legislative body of the Town of Haverstraw makes the following findings: Over the past several years, the Town of Haverstraw has experienced substantial growth in population throughout the community. This growth has resulted in an increase in the demands and expectations of our citizens with respect to municipal services. In fact, the level of municipal services provided to the citizens of the Town of Haverstraw has been dramatically increased in all areas, including but not limited to the Police Department. Taking legislative notice of the increased demands on the duties of the Police Department and in view of the fact that the department heads of the various town departments are required to live in the Town of Haverstraw, but also taking notice that the County of Rockland is considering the adoption and implementation of a county-wide police force, it is the opinion of the Town Board of the Town of Haverstraw that there is a great benefit to both the governing body of the Town of Haverstraw and the citizens of the Town of Haverstraw to require the Chief of Police and the Police Lieutenant of the Town of Haverstraw Police Department to reside in the County of Rockland.

B. 

It is the opinion of the governing body of the Town of Haverstraw that this Article will assure that the Chief of Police and the Police Lieutenant are readily accessible in periods of emergencies and will be available in instances where their expertise and supervisory capacity will lead to a satisfactory resolution of any serious situation.

§ 31-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:

DOMICILIARY
The place, locality or location within the geographic boundaries or boundary lines of the County of Rockland in which an individual has his true, fixed and permanent home and principal establishment and to which, whenever he is absent, he has the intention of returning.
EMPLOYMENT
Embraces the positions of Chief of the Town of Haverstraw Police Department and Lieutenant of the Town of Haverstraw Police Department.
GEOGRAPHIC LIMITS
The boundary line of the County of Rockland as set forth on the Official Map of the County of Rockland.

§ 31-3 Residency and geographic restrictions.

The position of Chief of the Town of Haverstraw Police Department and the position of Lieutenant of the Town of Haverstraw Police Department shall be restricted to domiciliaries of the County of Rockland and within the geographic boundaries thereof.

§ 31-4 Cessation of residency; forfeiture of employment.

All persons originally employed on the basis of their domicile within the geographic limits of the County of Rockland who shall, during the term of such employment, remove therefrom and establish domiciliaries elsewhere shall thereupon forfeit their right of continued employment forthwith, and the position so occupied by such persons shall thereupon be deemed vacated.

§ 31-5 Applicability of provisions.

A. 

Current employees.

(1) 

Nothing herein contained shall affect the continued employment of the person presently employed in the position of Chief of Police where such employment and the right of the employee has become vested in the person who would otherwise be disqualified from serving as such employee by reason hereof.

(2) 

This Article shall be binding upon the individual presently employed in the position of Lieutenant of Police, pursuant to an agreement entered into between the Town of Haverstraw and the Lieutenant in contemplation of the enactment of this Article.

B. 

Civil service classification. This Article shall only apply to those individuals who have received a permanent appointment by the Town Board of the Town of Haverstraw to the position of Chief of the Town of Haverstraw Police Department and/or to Lieutenant of the Town of Haverstraw Police Department, pursuant to Civil Service Law.

§ 31-6 Nondomiciliary appointments.

A. 

The Town Board of the Town of Haverstraw hereby takes legislative notice of the fact that individuals appointed to the positions of Chief of the Town of Haverstraw Police Department and/or Lieutenant of the Town of Haverstraw Police Department may, at the time of their appointment, be domiciled outside the geographic limitations of the County of Rockland.

B. 

The Town Board of the Town of Haverstraw takes further legislative notice of the fact that, in order to avoid a hardship on these individual(s), certain guidelines must be set forth regarding such situations.

C. 

Therefore, as part of this Article, the Town Board of the Town of Haverstraw hereby establishes the following exception: In situations where an individual is appointed to the position of either the Chief of Police of the Town of Haverstraw Police Department or the Lieutenant of Police of the Town of Haverstraw and said individual is not a domiciliary of the County of Rockland at the time of appointment, said appointee must become a domiciliary of the County of Rockland within 18 months of the effective date of his permanent appointment.

D. 

The failure of a nondomiciliary to adhere to the above will result in his removal from the appointed position.

[Adopted 11-13-1989 by resolution (Ch. 7, Art. II, of the 1966 Code)]

§ 31-7
Payment of additional costs. 

§ 31-7 Payment of additional costs.

The Town Board of the Town of Haverstraw does hereby elect to pay on account of any member of its Police Department who has duly elected or shall hereafter duly elect to contribute the additional amount required for the purpose of retiring after 20 years of service as provided by § 384-d of the Retirement and Social Security Law or any subsequent amendments thereto, the entire additional cost on account of the police or fire service rendered by such officer or member of the Police Department prior to the date of adoption of this Article, and further agrees to pay the entire additional cost on account of the police or fire service rendered by such officer or member of the Police Department on and after November 20, 1989.