This chapter is enacted pursuant to the New
York State Constitution, Act IX, § 2(c)(ii)(10), and New
York State Municipal Home Rule Law § 10(1)(ii)(a)(12).
The purpose of this chapter is to establish
the position of Village Constable. The Constable shall be a part-time
peace officer position, subject to the authority of the Mayor and
the Board of Trustees. The Board of Trustees recognizes the small
and part-time nature of the Police Department and intends to retain
close control and supervisory powers over the Constable to ensure
control of the Police Department by elected officials.
The Board of Trustees hereby establishes the
position of Village Constable. The Constable shall be a peace officer
pursuant to Criminal Procedure Law § 2.10.
The Constable shall be appointed by the Mayor,
subject to the approval of the Board of Trustees, and shall serve
at their pleasure. The disciplinary, suspension or dismissal procedures
set forth in Village Law § 8-804 shall not be applicable
to the Constable.
The Constable shall within a reasonable time
complete all part-time peace officer training required by Criminal
Procedure Law § 2.30.
The Constable shall have the duty, authority
and power to:
A. Investigate, make arrests and issue appearance tickets
with respect to violations of state statutes and all local laws, rules
or regulations of the Village of Maybrook.
B. Perform or cause service or execution of attachments,
writs, process, orders of courts and/or jury summonses, subject to
payment of appropriate fees.
C. Provide for escort of prisoners to and from courts
and/or jails and booking of such persons on charges.
D. Subject to the supervision and authority of the Mayor,
perform the day-to-day activities necessary and desirable for performance
of Village Law § 4-400e with respect to the police.