[HISTORY: Adopted by the Town Board of the Town of North
Castle as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-1989 by L.L. No. 3-1989 (Ch. 39, Art. I, of
the 1987 Code)]
This article shall be known and designated as the "Mutual Aid
Law of the Town of North Castle."
The Chief of Police of the Town of North Castle, whenever he
deems it to be in the public interest, may request any police chief,
commissioner or other official in command or acting in command of
the police department of any other legal government to detail, assign
or make available for duty and use any part of the forces, equipment
and supplies of the police department, police force or Westchester
County police force of the local government of which the request is
made.
The Chief of Police of the Town of North Castle is hereby authorized
to provide the assistance of the regularly employed law enforcement
officers, equipment and/or supplies of the Town of North Castle to
any municipality within Westchester County requesting such assistance
to aid in coping with situations where there exists in such other
municipality a need for the service of additional law enforcement
officers, their equipment and/or supplies to protect the health, life
and property of such other municipality, its inhabitants and the visitors
thereto.
The assistance offered shall be in accordance with the provisions
of § 209-m of the General Municipal Law of the State of
New York.
[Adopted 10-22-2014 by L.L. No. 5-2014 (Ch. 39, Art. II, of the 1987 Code)]
The purpose of this article shall be to provide for the efficient
administration of the Police Department of the Town of North Castle
(the "Department").
The Town Board hereby establishes a Board of Police Commissioners,
which shall consist of the Town Board. The Supervisor shall chair
the Board of Police Commissioners.
The Board of Police Commissioners shall have all of the powers
and duties granted to a Board of Police Commissioners under the Westchester
County Police Act (Chapter 104 of the Laws of 1936), except to the
extent those powers or duties are otherwise delegated to the Chief
of Police by this article.
A.Â
In carrying out the day-to-day operations of the Department, the
Chief of Police shall have reasonable discretion to take such actions
as are necessary to ensure the safe and efficient operation of the
Department in a manner consistent with accepted police practices;
provided, however, that fundamental policy changes, including those
which should properly be included in Department rules and regulations,
shall be subject to approval by the Board of Police Commissioners
and all other applicable laws governing such activities.
B.Â
Except as to the discipline of the Chief of Police, all formal departmental
disciplinary charges shall be brought by the Chief of Police, subject
to the requirements of applicable laws. All such charges shall be
heard either by the Board of Police Commissioners or by a hearing
officer appointed by the Board of Police Commissioners, at the Board
of Police Commissioners' discretion. In the event a hearing officer
is appointed to hear disciplinary charges, the hearing officer shall
issue findings of fact and recommendations on guilt or innocence and
penalty, if any, and the Board of Commissioners shall retain the sole
and exclusive right and authority to make the final determination
as to guilt or innocence and the appropriate penalty, if any. In the
case of discipline of the Chief of Police, such charges shall be brought
by the Supervisor of the Town Board and shall be heard either by the
Board of Police Commissioners or by a hearing officer appointed by
the Board of Police Commissioners, at the Board of Police Commissioners'
discretion. In the event a hearing officer is appointed to hear disciplinary
charges against the Chief of Police, the hearing officer shall issue
findings of fact and recommendations on guilt or innocence and penalty,
if any, and the Board of Commissioners shall retain the sole and exclusive
right and authority to make the final determination as to guilt or
innocence and the appropriate penalty, if any.
C.Â
In all other instances, the Board of Police Commissioners shall be
granted all the powers and duties granted to a Board of Police Commissioners
under the Westchester County Police Act (Chapter 104 of the Laws of
1936).
It is the purpose and intent of this article to supersede the
Westchester County Police Act (Chapter 104 of the Laws of 1936) as
it relates to the powers and duties of the Chief of Police and the
Board of Police Commissioners. The Town Board, pursuant to the authority
granted to the Town Board by the Municipal Home Rule Law, may supersede
such a special act of the legislature; and to the extent that such
special act of the Legislature is inconsistent with this article,
then the Westchester County Police Act (Chapter 104 of the Laws of
1936) is hereby superseded.
In all other respects, the Police Department of the Town of
North Castle shall be governed by applicable law.
