Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southampton 2-14-2006 by L.L. No. 9-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Intermunicipal police assistance — See Ch. 59.

§ 19-1 Legislative intent.

A. 
The Town Board of the Town of Southampton 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 Town Board accordingly intends to exercise those powers to hereby constitute the Southampton Police Department as a Department of Town government, and to create the position of Police Commissioner to act as Chief Administrative Officer of the Department as herein specified.
B. 
The Police Commissioner will act as the Chief Administrative Officer of the Police Department. He/she will have primary 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.
C. 
It is intended that direct supervision over Police Department employees shall continue to be exercised through the Department's chain of command, including the Chief of Police, who shall be supervised by and who shall report to the Police Commissioner to the same extent that he would be required to be supervised by and report to a Board of Police Commissioners.
D. 
This legislation is intended to improve the Town's ability to provide for the safety of persons who live, work and visit the Town of Southampton. To that end, the Town Board seeks to encourage traditional and non-traditional approaches to public safety, including the expansion of cooperative efforts with other Town departments and with outside law enforcement agencies at the local, county, state and federal level.

§ 19-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of the Southampton Town Police Department, who shall be the Chief Administrative Officer of the Department.
DEPARTMENT
The Southampton Town Police Department.
PUBLIC SAFETY COMMISSION
The Public Safety Commission of the Town of Southampton, consisting of five members appointed by the Town Board of the Town of Southampton.
[Added 2-10-2009 by L.L. No. 3-2009]

§ 19-3 Department established.

A. 
The Town of Southampton Police Department is hereby constituted as a department of Town government.
B. 
With the exception of the offices of Commissioner and Chief of Police, the Town Board shall determine the number of captains, lieutenants, sergeants, patrolmen and civilian employees within the Department, all of whom shall be appointed by the Town Board.
C. 
All Department personnel shall report to the Police Commissioner through the Departmental chain of command.

§ 19-4 Police Commissioner established; powers and duties.

A. 
The position of Police Commissioner is hereby created. The Commissioner shall be appointed by the Town Board based upon his or her professional experience and qualifications for the duties of such office, as well as such other additional qualifications as may be required by the Town Board. The Commissioner shall serve at the pleasure of the Town Board.
B. 
The Commissioner shall be the Chief Administrative Officer of the Police Department. He/she shall be responsible for the planning, management and administration of the Police Department, including supervision of the Department's internal operations and external contacts with other agencies and jurisdictions. The Commissioner 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(2). Without limitation, the Commissioner shall:
(1) 
Develop, implement and enforce policies and procedures for the administration of all Police Department operations;
(2) 
Plan, organize, direct, coordinate and supervise 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 the Supervisor, the Town Board and the Comptroller;
(4) 
Coordinate departmental budgetary planning and procedures;
(5) 
Recommend 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;
(6) 
Prepare or direct the preparation of all federal, state and local reports;
(7) 
Supervise police enforcement of all laws and ordinances applicable to theTown of Southampton;
(8) 
Implement legal changes in the daily police policy, practices and routines affected by state and federal court rulings;
(9) 
Supervise the training of police personnel in legal aspects of police duties and responsibilities;
(10) 
Formulate and implement performance standards by which to measure departmental and employee productivity;
(11) 
Coordinate departmental activities and operations with other agencies and officials;
(12) 
Assist the Town Attorney, as requested;
(13) 
Establish and maintain effective communications with the media regarding the Department;
(14) 
Meet with individuals, groups, associations, organizations and commissions on behalf of the Department;
(15) 
Represent the department at police and municipal functions to explain departmental policies and procedures;
(16) 
Upon the request of the Town Board, serve as its representative and spokesperson on matters concerning the Police Department;
(17) 
Assist the Supervisor in the administration of flood, disaster and other emergency plans;
(18) 
Coordinate law enforcement efforts with other Town departments and with other agencies;
(19) 
Have such authority and perform such other duties as are required and/or customarily performed by a Commissioner of a Police Department.

§ 19-4.1 Effect on powers of Supervisor.

Nothing herein contained shall be construed to limit, delegate or transfer any of the powers of the Town Supervisor provided for in New York State Town Law or any other powers that may be lawfully exercised by the Supervisor.

§ 19-5 Legislative authority.

This chapter is enacted pursuant to Article 9, § 2(c), of the New York State Constitution and §§ 10(1)(i) and 10(1)(ii)(2)(1) of the Municipal Home Rule Law.

§ 19-6 Supersession of state law.

Pursuant to § 10(1)(d)(3) of the Municipal Home Rule Law, this chapter is expressly intended to supersede the provisions of Town Law § 150(2) by substituting the position of Police Commissioner for the Board of Police Commissioners as mentioned therein.

§ 19-7 Public Safety Commission established; membership.

[Added 2-10-2009 by L.L. No. 3-2009]
A. 
The Public Safety Commission is hereby created. The Public Safety Commission shall consist of five members appointed by the Town Board and, to the extent available in the community, shall be representative of the entire Southampton Town community and may be drawn from the following disciplines, such as, but not limited to, law enforcement, local government, business, event planning, emergency medical services, fire safety, and not-for-profit organizations. Public Safety Commission members shall serve for a term of three years, with the exception of the initial term of one of the members which shall be one year, two for two years, and two for three years. Members may serve for more than one term. The Town Board shall designate one member to serve as Chair of the Public Safety Commission, and the Public Safety Commission may elect to designate a Vice Chairman and Secretary.
B. 
Members of the Public Safety Commission shall file an oath of office with the office of the Town Clerk, shall be residents of the Town pursuant to Town Code Chapter 61, Residency Requirements, and shall be provided with legal defense and indemnification in accordance with the requirements of Town Code Chapter 14, Defense and Indemnification.
C. 
The majority of the members shall constitute a quorum of the Public Safety Commission. The Chair or a majority of the members of the Public Safety Commission may call a meeting of the Public Safety Commission. The Public Safety Commission shall prescribe rules for the conduct of its affairs.
D. 
The Town Board may appoint ex-officio members to the Public Safety Commission.

§ 19-8 Public Safety Commission powers and duties.

[Added 2-10-2009 by L.L. No. 3-2009]
The Public Safety Commission shall be empowered to:
A. 
Hold public hearings to consider an applicant’s appeal based upon the denial of a special event or parade permit application, or the rescission of a special event or parade permit, as governed by Town Code § 283-9B, C and D.
B. 
Sustain the determination of the Chief Fire Marshal or the Chief of Police, or their designees to, deny or rescind a special event or parade permit, or reverse the determination, as governed by Town Code § 283-9E and F.
[Amended 4-13-2010 by L.L. No. 11-2010]
C. 
Review all of the special events and recommend changes to policies, procedures, and the Special Events Ordinance[1] at a minimum of once per year.
[1]
Editor's Note: See Ch. 283, Special Events.
D. 
Conduct all other matters related to special events or parades as delegated or referred by the Town Board.
E. 
Hold public hearings to consider an applicant’s appeal based upon the denial of an outdoor sidewalk dining application, or the rescission of an outdoor sidewalk dining license, as governed by Town Code § 250-5B, C and D.
[Added 5-26-2009 by L.L. No. 21-2009]
F. 
Sustain the determination of the Chief Fire Marshal or the Chief of Police, or his or her designee, to deny or rescind an outdoor sidewalk dining license, or reverse the determination, as governed by Town Code § 250-5E and F.
[Added 5-26-2009 by L.L. No. 21-2009; amended 4-13-2010 by L.L. No. 11-2010]
G. 
Review all of the outdoor sidewalk dining licenses and recommend changes to policies, procedures, and the Outdoor Sidewalk Dining Ordinance (Chapter 250) at a minimum of once per year.
[Added 5-26-2009 by L.L. No. 21-2009]
H. 
Conduct all other matters related to outdoor sidewalk dining licenses as delegated or referred by the Town Board.
[Added 5-26-2009 by L.L. No. 21-2009]
I. 
Hold public hearings to consider an applicant’s appeal based upon the denial of a facility use permit or an alcoholic beverage permit, as governed by Town Code § 111-3D.
[Added 4-13-2010 by L.L. No. 11-2010]
J. 
Sustain the determination of the Superintendent of Parks and Recreation, Director of Human Services, Town Management Services Administrator, or their designees, to deny a facility use or alcoholic beverage permit, or reverse the determination, as governed by Town Code § 111-3D.
[Added 4-13-2010 by L.L. No. 11-2010]
K. 
Conduct all other matters related to facility use or alcoholic beverage permits as delegated or referred by the Town Board.
[Added 4-13-2010 by L.L. No. 11-2010]
L. 
Hold public hearings to consider appeals based upon false alarm charges, as governed by Town Code § 85-4, and uphold, modify, or remove the charges.
[Added 1-11-2011 by L.L. No. 2-2011]
M. 
Hold public hearings to consider an applicant’s appeal based upon the denial or revocation of a commercial animal enterprise permit, as governed by Town Code § 150-10.
[Added 1-11-2011 by L.L. No. 2-2011]
N. 
Sustain the determination of the Animal Shelter Supervisor, or designee, to deny or revoke a commercial animal enterprise permit, or reverse the determination, as governed by Town Code § 150-10.
[Added 1-11-2011 by L.L. No. 2-2011]