[Derived from Charter Sec. 1202b; amended 11-25-1975 by L.L. No.
25-1975]
The Commissioner of Police may designate the District Attorney as the special deputy hearing officer to be in charge of all police personnel permanently assigned to the District Attorney's office and hearing officer in connection with any alleged misconduct performance by the Police Department personnel assigned to the District Attorney's office, pursuant to § 75 of the Civil Service Law.
[Derived from Charter Sec. 1203]
Except as otherwise provided by this section and Article XIII of the Charter, the members of the Police Department shall be appointed from an eligible civil service list by the Commissioner of Police. No person shall be appointed a member of the Police Department who has ever been convicted of a felony, who is not a citizen of the United States, who cannot understandingly read and write the English language or who shall not have resided within the County for one year next preceding his appointment. The County Legislature may waive by local law, in appropriate specific individual cases, the requirement of residence within the County for one year next preceding the appointment of specific appointees as members of the County Police Department.
[Derived from Charter Sec. 1204; amended 12-14-1959 by L.L. No.
3-1959]
Each member of the Police Department, except a seasonal patrolman
and except the Commissioner of Police, shall hold office during good
behavior. Seasonal patrolmen shall serve at the pleasure of the Commissioner
of Police.
[Derived from Charter Sec. 1208a and b; amended 5-14-1996 by L.L. No.
18-1996]
A.
In addition to any and all other powers granted in the Charter or
by any other law pertaining to the Suffolk Country Police Department,
the members of the Department shall possess all the powers of constables,
except in the service of civil process, in every part of the state.
B.
Any warrants of search or arrest issued by any magistrate of this
state may be executed in any part thereof by any member of such Department.
The provisions of the New York Criminal Procedure Law relating to
the giving and taking of bail shall apply to any arrest so made by
a member of such Department.
C.
When acting as the local licensing officer for firearms designated
under § 265.00, Subdivision 10, of the New York Penal Law,
the Department will not impose any restrictions, limitations or requirements
on licenses or licensees other than those restrictions, limitations
or requirements set forth in § 400.00 of the New York Penal
Law.
[Derived from Charter Sec. 1210; amended 9-6-1977 by L.L. No.
36-1977]
A.
The County Legislature shall annually cause to be raised the amount
of money required to pay the annual expenses of the Police Department
by levying and collecting a uniform tax upon the real estate subject
to taxation located within the County Police District, based upon
the equalized assessed valuation of such real estate.
B.
Notwithstanding the provisions of Subsection A of this section, the County Legislature shall annually cause to be raised, by levying and collecting a tax upon the real estate subject to taxation and located within the County, in the same manner as other County taxes, the amount of money required to pay the annual expenses of maintenance, operation and personnel services of the bureaus, divisions or offices which are part of the Headquarters Division, including the Communications Bureau, the Detective Bureau, the Information Bureau, the Police Training Bureau, the Administrative Division, the Identification Division, the office of the Commissioner of Police and such other bureaus, divisions, squads or offices which serve the County. Such expenses shall be a County charge and shall be defrayed in the same manner as other County charges.
[Derived from Charter Sec. 1211]
The Commissioner, with the approval of the County Legislature,
shall divide the district into as many precincts as he deems necessary.
[Derived from Charter Sec. 1213; amended 11-25-1975 by L.L. No.
25-1975]
A.
The Commissioner shall have the power to discipline a member of the
Department by:
(1)
Reprimand.
(2)
Fine.
(3)
Suspension, with or without pay, in accordance with the provisions
of the Civil Service Law or other applicable law.
(4)
Dismissal or removal from the force.
(5)
Reducing into any grade below that in which he was serving if he
is above the grade of patrolman, after which his compensation shall
be the same as that allowed to members of the grade to which he is
reduced.
B.
Such members shall be disciplined for the following reasons only:
(1)
Conviction for any criminal offense.
(2)
Neglect of duty.
(3)
Violation of rules.
(4)
Neglect or disobedience of orders.
(5)
Incapacity.
(6)
Absence without leave.
(7)
Conduct injurious to the public peace or welfare.
(8)
Immoral conduct.
(9)
Conduct unbecoming an officer.
(10)
Any other breach of discipline.
C.
The Commissioner may designate the Deputy Commissioner or special
hearing officer or a Captain or an Inspector to conduct hearings on
charges against Lieutenants, Sergeants and police officers and to
report his findings and recommendations to the Commissioner for action
thereon. In case of disciplinary action by fine, not more than 30
days' pay shall be forfeited and withheld for any offense.
D.
The Commissioner shall remove or dismiss any member of the force
only after:
E.
A petition to review a determination by the Commissioner to fine,
suspend, dismiss or otherwise discipline a member of the Police Department
shall not be granted after the expiration of 30 days from the service
of a notice of such determination upon the member of the Department
so fined, suspended, dismissed or otherwise disciplined.
[Derived from Charter Sec. 1215]
A.
The Commissioner may appoint as many citizens as he deems advisable
to serve as special patrolmen, without pay, on election day, on a
day of public celebration or in the case of riot, pestilence, invasion
or other public calamity. Such appointment shall be made only for
a specified time and shall be revocable at all times by the Commissioner.
B.
Such special patrolmen shall be vested with all the powers and privileges
and shall perform all the duties of the patrolmen in the regular Police
Department. Each such special patrolman shall wear a badge to be furnished
by the Commissioner. In making such appointment, the Commissioner
shall in no way interfere with the force or lawful command of the
Sheriff of the County.
[Derived from Charter Sec. 1216, as added 12-14-1959 by L.L. No.
3-1959]
A.
The Commissioner may appoint school crossing guards to serve for
such period of time as he deems advisable. Such school crossing guards
shall be empowered to direct pedestrian and vehicular traffic at locations
to which they may be assigned and shall perform such other related
duties as may be prescribed by the Commissioner.
B.
Nothing herein contained shall be construed to constitute such school
crossing guards members of the police force or to entitle them to
the privileges and benefits of the members of the police force, nor
shall they be deemed police officers.
C.
The Commissioner of Police shall have authority to promulgate rules
and regulations governing the conduct of school crossing guards, and
he shall prescribe the insignia and uniform to be worn by such guards.
D.
The salaries and other costs and expenses to the Police Department
in connection with school crossing guards shall be a charge upon the
Police District.
[Derived from L.L. No.
12-1977]
A.
Stolen property. Pursuant to the provisions of § 450.10
of the Penal Law, stolen funds or property shall be returned to the
true owner, if claimed, subject to court order. If said stolen property
is not claimed by the true owner after the expiration of six months
from the date of conviction of a person for stealing said property,
and provided that all court appeals have been finalized, it shall
be treated as follows:
[Amended 6-17-2014 by L.L. No. 32-2014]
(1)
If said stolen property is cash, it shall be paid by the Police Commissioner
to the County Comptroller within 10 days after the expiration of the
aforesaid six-month period or after all court appeals have been finalized.
The County Comptroller shall deposit the funds in an appropriate account
so that they can be applied to the benefit of the poor of the County
by the Commissioner of Social Services as required by law.
(2)
If said property is in a form other than cash and can legally be sold, the Police Commissioner shall auction said property to the highest bidder and turn over the proceeds realized in connection with said auction to the County Comptroller, who shall follow the procedures in Subsection A(1) of this section.
(3)
In the case of property in a form other than cash that the Police Commissioner determines would aid law enforcement operations within the County by being used in compliance checks, the Police Commissioner may, instead of auctioning said property, use and sell said property during law enforcement operations at precious metal and gem exchange establishments and dealers in secondhand articles. The Police Commissioner shall turn over the proceeds realized in connection with said sale to the County Comptroller, who shall follow the procedures in Subsection A(1) of this section.
[Added 11-22-2016 by L.L.
No. 35-2016]
B.
Lost and found property and abandoned property.
(1)
Abandoned property, which has remained unclaimed for a period of
two years, and which the State Comptroller has elected not to receive
pursuant to § 1310 of the Abandoned Property Law; and
[Amended 11-22-2016 by L.L. No. 35-2016]
(2)
Lost property and money constituting the proceeds of lost property,
remaining unclaimed by the owner or finder, which is subject to disposal
according to the provisions in Subdivision 3 of § 254 of
the Personal Property Law, shall:
[Amended 6-17-2014 by L.L. No. 32-2014]
(a)
If consisting of money and:
[1]
Taken possession of by an employee of the County Police Department,
be paid by the Police Commissioner to the County Comptroller for deposit
into the general fund; or
[Amended 11-22-2016 by L.L. No. 35-2016]
[2]
Taken possession of by an employee of the Police Department,
be paid by the Police Commissioner to the County Comptroller for deposit
into the Police District fund.
(b)
If consisting of other property, the Police Commissioner shall, at public auction, sell said property to the highest bidder and turn over the proceeds from its sale to the County Comptroller, who shall follow the procedures in Subsection B(2)(a) of this section. Such proceeds shall be considered to have been taken in possession by the employee who took possession of the property out of which such proceeds were derived.
(c)
For abandoned property as described in Subsection B(1) of this section and which is in a form other than cash, if the Police Commissioner determines that said property would aid law enforcement operations within the County by being used in compliance checks, the Police Commissioner may, instead of auctioning said property, use and sell said property during law enforcement operations at precious metal and gem exchange establishments and dealers in secondhand articles. The Police Commissioner shall turn over the proceeds realized in connection with said sale to the County Comptroller, who shall follow the procedures in Subsection B(1)(a) of this section.
[Added 11-22-2016 by L.L.
No. 35-2016]
D.
This section shall apply to all funds in possession of the Suffolk
County Police Department (and/or District) Property Bureau and to
any funds which come into the possession of the Suffolk County Police
Department (and/or District) Property Bureau.
[Derived from L.L. No.
21-1979]
A.
ABANDONED MOTOR VEHICLES
MOTOR VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Such term as it is or may be defined by the New York State
Vehicle and Traffic Law § 1224.
Every vehicle operated or driven upon a public highway, which
is propelled by any power other than muscular power. This term shall
specifically include but shall not be limited to motorcycles and snowmobiles,
as such terms are or may be defined by the New York State Vehicle
and Traffic Law.
B.
References to the New York State statutes shall mean those statutes
as they are codified and numbered on July 20, 1979, but shall also
mean such statutes as they may be amended or renumbered thereafter.
C.
Categories of motor vehicles coming into the County's possession:
applicable procedure.
(1)
(2)
Motor vehicles used to transport contraband. Motor vehicles seized
because of their use in connection with the transportation of contraband
shall be disposed of initially in accordance with the New York State
law applicable to the particular type of contraband. These procedures
shall include, but shall not necessarily be limited to, the following:
(3)
Abandoned motor vehicles. Motor vehicles seized as abandoned, as that term is defined by New York State Vehicle and Traffic Law § 1224, must be turned over to the village or town in which the motor vehicle is found, unless the village or town has designated the County as its agent for the purpose of removal and disposition of abandoned motor vehicles pursuant to New York State Vehicle and Traffic Law § 1224, Subdivision 4, or unless the village or town refuses to accept custody thereof, in which case the vehicle shall be disposed of in accordance with Subsection D hereof.
(4)
When acting as agent for a town or village in disposing of abandoned
motor vehicles. When a town or village has duly designated the County
as its agent for the disposition of abandoned vehicles pursuant to
New York State Vehicle and Traffic Law § 1224, Subdivision
4, any such vehicles shall be disposed of in accordance with the procedure
established by New York State Vehicle and Traffic Law § 1224.
(5)
Other cases.
(a)
In any other case not covered by the procedures noted in the
preceding subsections or not covered by some other general state law
which establishes a procedure governing the disposition of the specific
category of motor vehicle, the procedures set forth in this subsection
shall apply. These procedures shall apply to the categories of cases
enumerated below. However, this enumeration is for purposes of example
only and is nonexclusive. The procedures set forth in this subsection
shall apply to the disposition of a motor vehicle which comes into
the County's possession:
[1]
Because the vehicle identification number has been altered.
[2]
In the course of an accident investigation.
[3]
When seized as evidence.
[4]
When ownership is in doubt or disputed.
[5]
When it is a road hazard or obstruction.
[6]
When held for safekeeping for the owner.
[7]
When it is determined that it is unsafe to operate it on public
roads.
[8]
When a town or village refuses to accept custody as an abandoned
motor vehicle under Vehicle and Traffic Law § 1224.
[9]
As a stolen motor vehicle, where the provisions of Penal Law
§ 450.10 are inapplicable, and in the event that the owner
is ascertained.
[Amended 2-25-1986 by L.L. No. 6-1986]
[10]
When it is held for other authorities.
[11]
When it is seized in connection with the transportation
of contraband, but the District Attorney decides not to bring forfeiture
action, and the owner cannot be located or makes no claim to the motor
vehicle.
(b)
In addition, the procedures set forth in this section shall
apply in any other circumstances or situation in which a motor vehicle
comes into the County's possession where no specific procedure for
the disposition of such motor vehicle is provided in any law, resolution
or regulation.
D.
Procedure. When this section applies to the disposition of any motor
vehicle, the following procedure shall be observed:
(1)
An inquiry shall be made to determine the owner or last known owner,
as the case may be. Such inquiry shall include notification of the
jurisdiction which issued the number plates, if any are affixed to
the vehicle, and of the New York State Department of Motor Vehicles.
(2)
When retention of the motor vehicle is no longer required for any
County purpose, the County shall notify the owner or last known owner
of the following:
[Amended 2-25-1986 by L.L. No. 6-1986]
(a)
That the vehicle in question has been recovered and that, if
unclaimed, it will be sold at public auction or otherwise disposed
of after 10 days from the date the notice was given.
(3)
When the motor vehicle is no longer required for County purposes, it shall be released to the owner or other claimant entitled to possession of the same if such person makes a claim for the release of the vehicle at any time prior to the expiration of 10 days from the date notice was given pursuant to Subsection D(2) and such person physically removes the vehicle from County possession within 30 days from the date of such claim.
[Amended 2-25-1986 by L.L. No. 6-1986]
(a)
The County may require that, prior to the release of any motor
vehicle, the person claiming such vehicle pay a fee to cover the costs
of removal and storage thereof. Such a fee shall be set by the Commissioner
of the Suffolk County Police Department, without the approval of the
County Legislature, and shall be based upon the average storage charge
of private vendors under contract to the County. Such a fee shall
not be less than the actual costs to the County of any towing and
related services and of any costs for storage.
(b)
In any case in which the ownership of a motor vehicle is disputed
or in which the custodian cannot determine whether a particular claimant,
or which of several claimants, is entitled to possession of a motor
vehicle, the matter should be referred to the County Attorney's office,
which will either advise as to the proper method of disposition or
will take whatever legal action may be necessary to resolve the dispute.
(4)
Ownership shall vest in the County upon the happening of any of the
following events:
[Amended 2-25-1986 by L.L. No. 6-1986]
(b)
If the last owner cannot be located whenever notice of such
fact is received by the County.
(5)
When ownership has vested pursuant to the preceding subsection, the County shall determine if a motor vehicle is suitable for operation on the public highways. If so, the vehicle shall be sold at public auction to the highest bidder or converted pursuant to Subsection D(8) of this section.
(6)
If the County determines that a motor vehicle is not suitable for
operation on the public highways, it shall remove and destroy the
vehicle identification number plate and sell the vehicle to a vehicle
dismantler or scrap processor registered or certified pursuant to
the New York State Vehicle and Traffic Law § 415-a and who
is, in addition, in full compliance with all laws and ordinances of
the municipality in which such vehicle dismantler or scrap processor
is located, or to a vehicle dismantler or scrap processor who does
not have a place of business in New York State but who conforms to
the laws and regulations of the state in which his place of business
is located.
(7)
A motor vehicle with no vehicle identification number may only be sold to a vehicle dismantler or scrap processor, regardless of whether it is or is not suitable for operation on the public highways. However, nothing contained herein shall be construed as preventing the County from applying for and obtaining a replacement vehicle identification number plate and then disposing of the vehicle by selling it at public auction pursuant to Subsection D(5) or converting it to the County's own use pursuant to Subsection D(8).
(8)
The County may convert in any calendar year 1% of the vehicles disposed
of pursuant to this section or two such vehicles, whichever number
is greater, to its own use.
(9)
The County may deduct from the proceeds of the sale of any motor vehicle any expenses incurred in connection with its storage and removal, computed according to the formula set forth in Subsection D(3)(a). The balance of the proceeds shall be held by the County, without interest, for the benefit of the owner of the vehicle, for a period of one year. If not claimed within such one-year period, such proceeds shall be paid into the County's general fund.
[Amended 2-25-1986 by L.L. No. 6-1986]
E.
Delegation of authority.
[Amended 2-25-1986 by L.L. No. 6-1986]
(1)
The Suffolk County Police Department is hereby designated as the agent and representative of the County for the purpose of disposing of the motor vehicles covered by Subsection D.
(2)
The Commissioner of Social Services is authorized to designate the
Suffolk County Police Department as his/her agent and representative
for the purpose of disposing of property coming into his/her possession
pursuant to Penal Law § 450.10, Subdivision 7.
F.
Effect on other laws.
(1)
This section repeals and supersedes all previous local laws and resolutions
on the subject of the disposition of motor vehicles, to the extent
they are contrary to the provisions hereof, and is intended to establish
the exclusive, definitive and comprehensive procedure applicable to
the disposition of motor vehicles coming into the County's possession
where no general state law establishes a more specific procedure.
(2)
This section is not intended to and should not be construed to alter
any procedure for the disposition of motor vehicles which is established
by any general state law. Rather, it is intended to supplement the
procedures established in various state laws and to apply in those
cases and situations in which no general state law applies.
(3)
Nothing herein contained shall be construed as excusing the County
from any reporting requirement imposed by the New York State Vehicle
and Traffic Law § 424 or any other state law or regulation.
G.
Applicability. The provisions of this section shall apply with equal
force to motor vehicles now in the County's possession as well as
to those motor vehicles which may hereafter come into the County's
possession.
[Added 6-30-1998 by L.L. No. 15-1998]
A.
No employee of the Suffolk County Police Department, District Attorney's
office or other administrative unit of County government involved
in law-enforcement activities directly related to the County Police
Department shall possess any copy of a civil service examination to
be given for any position of employment within the Suffolk County
Police Department.
B.
No employee of the Suffolk County Police Department, the Suffolk
County District Attorney's office or other administrative unit of
County government involved in law-enforcement activities directly
related to the County Police Department shall participate in the tutoring,
training (nonphysical) or preparation of any candidate for the taking
of a civil service examination for any position of employment within
the Suffolk County Police Department.
