[HISTORY: Adopted by the Town Board of the Town of Elma 9-3-2014 by L.L. No. 4-2014. Amendments noted where applicable.]
A.
The Town Board of the Town of Elma recognizes that the Constitution
of the State of New York and the Municipal Home Rule Law of the State
of New York afford towns the ability to structure their local governments
as needed to promote the efficiency of Town operations. The Municipal
Home Rule Law specifically authorizes a Town to create or discontinue
departments; to prescribe or modify the powers and duties of such
departments; and to specify the powers, duties, qualifications, number
and mode of selection of its officers and employees. The Municipal
Home Rule Law also authorizes a Town to supersede any provision of
the Town Law relating to the property, affairs or government of the
Town or to other matters in relation to which and to the extent to
which it is authorized to adopt local laws, subject to the limitations
provided therein. The Town Board accordingly intends to exercise those
powers to hereby constitute the Town of Elma Police Department as
a department of Town government under the immediate supervision of
the Town Supervisor.
B.
This legislation is intended to improve the Town's ability to provide
for the safety of persons who live in, work in and visit the Town
of Elma. To that end, the Town Board seeks to encourage traditional
and nontraditional approaches to public safety, including the expansion
of cooperative efforts with other Town departments, with outside law
enforcement agencies and other municipal entities at the local, county,
state and federal level.
As used in this chapter, the following terms shall have the
meanings indicated:
The Town of Elma Police Department.
The Town Supervisor of the Town of Elma.
The Town Board of the Town of Elma.
A.
The Town of Elma Police Department is hereby constituted as a department
of Town government.
B.
The Town Board shall determine the number of officers and employees
in all positions within the Department, all of whom shall be appointed
by the Town Board.
C.
All Department personnel shall be under the immediate supervision
of Town Supervisor, who shall ultimately be subject to the direction
and supervision of the Town Board.
A.
The Town Board will have overall responsibility for the planning,
management and administration of the operations and activities of
the Police Department, including budgetary and financial management
of the Department, and external contacts with other agencies, jurisdictions,
the media and Town residents.
B.
The Town Board shall have such powers and shall execute such duties
as would otherwise be exercised by a Board of Police Commissioners
as specified in Town Law § 150, Subdivision 2. Without limitation,
the Board shall:
(1)
Develop, implement and enforce policies and procedures for the administration
of all Police Department operations;
(2)
Plan, organize, direct, coordinate and supervise on an overall basis
all activities of the Police Department;
(3)
Coordinate financial planning for the Department, including preparation
of budgets, maintenance of fiscal control, and submission of required
reports to other agencies as required;
(4)
Coordinate and approve departmental budgetary planning and procedures;
(5)
Approve all contracts for coordination and/or cooperation with other
agencies and municipal entities for the provision of law enforcement
within the Town of Elma;
(6)
Determine staffing and changes in the employment, promotion, removal
and status of any member of the Police Department (civilian and noncivilian),
subject to the provisions of the Civil Service Law, and as recommended
by the Supervisor;
(7)
Subject to the advice of the Supervisor, approve the training of
police personnel in legal aspects of police duties and responsibilities;
(8)
Have such authority and perform such other duties as are required
and/or customarily performed by a Board of Police Commissioners.
A.
Subject to the Town Board's overall authority as described in § 31-1, immediate supervision over Police Department employees, and immediate administration of Police Department operations, shall be exercised by the Town Supervisor, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3).
B.
The Supervisor shall have such powers and shall execute such duties as would otherwise be exercised by a Police Chief as specified in Town Law § 150, Subdivision 2, subject to the limitations set forth in § 31-1, which duties shall include:
(1)
Adopt policies and procedures for the administration of all Department
operations;
(2)
Plan, organize, direct, coordinate and supervise all activities of
the Department;
(3)
Coordinate preparation of reports and make recommendations for financial
planning for the Department, including the Department's budget;
(4)
Advise and recommend staffing and changes in the employment, promotion,
removal and status of any member of the Department (civilian and noncivilian);
(5)
Prepare all reports required to be submitted on behalf of the Department
or the Town of Elma to other agencies;
(6)
Carry out police enforcement of all laws and ordinances applicable
to the Town of Elma;
(7)
Implement any changes required by law in the administration of Department
operations, or any other changes that are consistent with law and
in the best interests of the Department, the Town of Elma and/or the
Town of Elma's residents;
(8)
Supervise the training of police personnel in legal aspects of police
duties and responsibilities;
(9)
Undertake the formulation and implementation of performance standards
by which to measure departmental and employee productivity;
(10)
Coordinate departmental activities and operations with other agencies,
municipal entities and officials;
(11)
Assist the Town Attorney, as requested, with regard to Department
matters;
(12)
In coordination with the Town Board, establish and maintain effective
communications with the media regarding the Department;
(13)
Meet with individuals, groups, associations, organizations and commissions
on behalf of the Department;
(14)
Represent the Department at police and municipal functions;
(15)
In coordination with the Town Board, serve as the Department's representative
and spokesperson on all matters concerning the Police Department;
(16)
Coordinate law enforcement efforts with other Town departments and
with other municipal agencies;
(17)
Have such authority and perform such other duties as are required
and/or customarily performed by a Police Chief of a municipal police
department in New York State.
