City of Beacon, NY
Dutchess County
[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972 as Art. II of Ch. 22 of the 1972 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 61.

§ 51-1 Composition.

The Police Department of the City shall consist of a Chief, necessary Sergeants and patrolmen.

§ 51-2 Chief.

The Chief shall be the head executive of the Police Department; the Sergeants and the several policemen or patrolmen shall be subordinate to him. It shall be his duty to cause the public peace and good order to be preserved and at all times to enforce all laws and ordinances. He shall, upon knowledge of any violation of law or ordinance, cause the requisite and proper complaint to be made and procure the necessary evidence for the successful prosecution of the offender or offenders. He shall obey and cause the members of the Police Department to obey the rules and regulations prescribed by the Mayor and the ordinances of the City Council. He shall be responsible for the efficiency, general conduct and good order of the Department, and he shall promptly report to the Mayor, in writing, each complaint made to him against an officer. It shall be the duty of the Chief of Police to keep a register of the number of days and parts of days actually served on regular duty by each member of the force and weekly to certify such time so served.

§ 51-3 Sergeants.

The Sergeants of Police shall severally perform the duties imposed upon them by the rules, orders and regulations prescribed by the Mayor, the ordinances of the City Council and the police rules. The Sergeants, in the absence of the Chief of Police, shall have general charge of the police office, station house and of the force and shall have the power and shall perform the duties of the Chief of Police so far as the same have been delegated to them.

§ 51-4 Members of Department.

The several members of the Police Department, when on duty as such, shall devote their time and attention solely to the discharge of the duty of their stations according to the regulations of the Department and the police rules. It shall be their duty to preserve order, peace and quiet and enforce all laws and ordinances throughout the City. They shall not engage in any business which may draw their attention from police service or unfit them for the duties required of them, and they shall not absent themselves from duty without permission, in writing, from the Chief. They may be employed by the Mayor or Chief of Police in any public service, at any time, which the Mayor or Chief of Police may deem necessary, whether day or night. All members of the Police Department are hereby empowered to arrest all persons violating the ordinances, laws or police regulations of the City, where such violations are committed in the presence of such officers.

§ 51-5 Temporary policemen.

In cases of emergency, the Mayor may appoint such additional policemen or patrolmen for temporary service as he may deem necessary for the good of the City, and the policemen so appointed shall have and exercise all the powers and perform the duties of policemen in the City and shall be entitled to such compensation as may be fixed by the City Council.

§ 51-6 Special policemen.

The powers of policemen may be vested in persons appointed by the Mayor without remuneration by the City for special duty.

§ 51-7 Fire police.

[Amended 8-6-2012 by L.L. No. 18-2012]
The members of the fire police shall be five from each fire company in the City and shall be nominated by the regular balloting of each fire company at its regular biennial meeting, held during the month of February, and subject to the approval of the City Council. They shall be regularly appointed by the Mayor for terms of two years. The duties of the fire police shall consist of the enforcement of the provisions of the fire ordinances contained in Chapters 31 and 119 of this Code, of Articles 120, 145, 240 and 400 of the current Penal Law, of § 50 et seq. of the Multiple Residence Law and of the applicable sections of the Vehicle and Traffic Law of the State of New York, as they may be amended; the regular inspection of all buildings of public assembly; the enforcement of all fire rules therein of the State Industrial Board, as such may be amended; and the performance of such duties as may be assigned to them by the Fire Chief.

§ 51-8 Qualifications for membership.

[Amended 3-2-2009 by L.L. No. 7-2009; 2-21-2012 by L.L. No. 3-2012]
A. 
Police officers shall be citizens of the United States and shall not have a record of conviction for a crime.
B. 
No person shall be appointed a police officer unless he or she is a resident of the City of Beacon or resides no more than 30 miles from the nearest boundary line of the City at the time of his or her appointment.
C. 
All active members of the Police Department shall be residents of the City of Beacon or reside no more than 30 miles from the nearest boundary line of the City, except for the Chief of Police, whose location of residency from the City shall be at the Mayor’s discretion, subject to the consent of the Council.

§ 51-9 Appointments; salaries; leave.

A. 
Police officers shall be appointed pursuant to the Civil Service Law.
B. 
When a vacancy shall occur in the office of Chief of Police, Captain of Police, Lieutenants of Police, Detective Sergeants, Sergeants of Police, detectives and patrolmen, or when additional patrolmen are to be appointed, as soon as practicable, the Civil Service Board of Dutchess County shall hold an examination for the offices of Chief of Police, Captain of Police, Lieutenants of Police, Detective Sergeant, Sergeant of Police and patrolmen, when additional patrolmen are to be appointed, and certify the results thereto to the Mayor. The Mayor, with consent of the City Council of the City of Beacon, shall appoint from such lists the Chief of Police, Captain of Police, Lieutenants of Police, Detective Sergeants, Sergeants of Police, detectives and patrolmen, who shall hold office until removed or as hereinafter provided.
[Amended 9-4-1984 by L.L. No. 2-1984]
C. 
Salaries.
(1) 
The minimum salary of the Chief of Police shall be $9,500 per year, and there shall be one increment of a minimum of $750 per year after one year's service in rank.
(2) 
The minimum salary of Lieutenant of Police shall be $7,900 per year, and there shall be two increments of a minimum of $300 per year after the first and second year in rank.
(3) 
The minimum salary of the Detective Lieutenant shall be $8,300 per year, and there shall be two increments of a minimum of $300 per year after the first and second year in rank.
(4) 
The minimum salary of Sergeants of Police shall be $7,400 per year, and there shall be two increments of a minimum of $200 per year after the first and second year in rank.
(5) 
The minimum salary of Detective Sergeant shall be $7,850 per year, and there shall be two increments of a minimum of $175 per year after the first and second year in rank.
(6) 
The minimum salary of the patrolmen shall be $5,900 per year, with annual increments of $400 payable on completion of the first year of service, $300 payable on the completion of the second and third years of service and $200 payable on completion of the fourth and fifth years of service.
(7) 
The minimum salary of detective shall be $7,400 per year, and there shall be two increments of a minimum of $175 per year after the first and second year in rank.
(8) 
In figuring the foregoing salaries and increments, credit shall be given for temporary service and to interrupted service from the first day of employment in such department or rank.
D. 
Leave.
(1) 
Each member of the Police and Fire Department shall be entitled to five personal leave days for the transaction of personal business.
(2) 
Each member of the Police Department and Fire Department shall be entitled to eight paid holidays, and, in the event that such holiday falls upon the day which is a regularly scheduled day off for such employee, then, in that event, he shall receive equivalent time off or payment in lieu thereof.
(3) 
Each member of the Police and Fire Departments shall receive the following vacation time with pay:
(a) 
Two weeks' vacation after one year of service.
(b) 
Three weeks' vacation after five years of service.
(c) 
Four weeks' vacation after 10 years of service.
(4) 
The number of days each employee of the Police and Fire Department may accumulate for sick leave shall be 150.
E. 
There shall be as many patrolmen as the City Council shall authorize.

§ 51-10 Oath of office.

[Amended 3-16-1992 by L.L. No. 2-1992]
All members and employees of the Police Department shall take the constitutional oath of office and file the same with the Administrator before entering upon their duties.

§ 51-11 Badges.

All police officers shall wear police badges when on duty.

§ 51-12 Compensation.

The City Council shall fix compensation to be paid to the members of the Police Department and to all other employees of the Police Department and may from time to time alter and change such compensation. Each member of the Police Department shall be paid weekly the compensation due to him.

§ 51-13 Business expenses.

Members of the Police Department sent out of the City on public business shall be allowed all necessary expenses upon their submitting a sworn statement of expenses incurred, approved by the Mayor.

§ 51-14 Witness and other fees.

No member of the Police Department shall be entitled to any witness or other fee or compensation for services rendered while acting and drawing pay as a member of the Police Department, other than regular compensation fixed by the City Council and such allowances as may. from time to time, be made for extra services and expenses.

§ 51-15 Fees to be taxed by court.

[Amended 3-16-1992 by L.L. No. 2-1992]
The witness and other fees to which members of the Police Department would otherwise be entitled according to law in City Court cases shall be taxed by the Court and when collected shall be paid to the City Clerk.

§ 51-16 Members may act as Deputy Sheriffs.

Any regular member of the Police Department may be a Deputy Sheriff of the County of Dutchess. However, all fees to which such member may be entitled as Deputy Sheriff shall be turned over to the City Judge for the City, and the City Judge shall examine and audit all such accounts for the City.

§ 51-17 Neglect or refusal to perform duty.

A. 
Any police officer who shall neglect or refuse to perform any duty required of him by the ordinances of the City or the police rules or who shall, in the discharge of his official duties, be guilty of any fraud, extortion, oppression, favoritism, partiality or willful wrong or injustice shall forfeit and pay a sum not exceeding $50 for each offense.
B. 
The Mayor shall have the power to suspend any member of the Police Department for cause. In all such cases, the officer suspended shall be notified in writing of the charges against him and of such suspension, within 24 hours thereafter, and shall be allowed opportunity to be heard in his own defense. Whenever an officer is suspended, as aforesaid, he shall immediately deliver over to the Chief of Police, or other person who shall deliver the notice, his badge or official emblem or other articles of property appertaining to his office and shall immediately cease to exercise any function or perform any duty of his office during suspension.
C. 
It shall be the duty of the Mayor to suspend any member of the Police Department who shall actively engage in electioneering or other proceedings of a political character or party nature or in any manner interfere with any election in this state, when on duty.
D. 
It shall be the duty of the Mayor to entertain any written complaint received from any person against any member of the Police Department.