This chapter shall be known and may be cited as the "Office
of Town Constable of the Town of Clay, New York."
The purpose of this chapter is to establish the Town of Clay
as a constabulary and to create the office of Town Constable as authorized
by § 2.10 of the Criminal Procedure Law of the State of
New York and § 20, Subdivision 1, of the Town Law of the
State of New York, to perform such duties at the direction of the
Supervisor, Town Board and/or Town Justices for the Justice Court
of the Town of Clay as allowed by the laws of the State of New York.
Notwithstanding the provisions of any general, special or local
law or charter to the contrary, only the following persons shall have
the power of and shall be peace officers and must be an elector of
the Town of Clay:
A. The Town Constable shall be a constable, peace officer or police
constable of a town, provided such designation is not inconsistent
with local law and the office of the Town Constable shall be an appointed
position.
B. Upon appointment of a constable, or any peace officer, the Town must
provide name, date of birth, rank or title, official station and whether
he or she is employed full-time or part-time to the New York State
Division of Criminal Justice Services, Albany, New York, pursuant
to Executive Law § 845 on a semiannual basis (January and
July).
The minimum qualification for the position of a Town Constable/peace
officer shall be a high school diploma and a minimum of three years'
full- or part-time police or peace officer experience. He/she shall
have a valid New York State driver's license and pistol permit
and a DCJS certified basic New York State Police Officer or Peace
Officer courses.
Town constables/peace officers must be trained in accordance
with § 2.30 of the Criminal Procedure Law of the State of
New York.
If any paragraph, section, sentence or portion of a sentence
of this chapter shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof, and
such other parts thereof shall remain in full force and effect unless
and until legally revoked, modified and/or amended.
This chapter shall take effect upon filing in the Office of
the Secretary of State.