[1]
Editor's Note: This local law passed at referendum 11-8-2016.
A.
There shall be a Department of Public Safety, the head of which shall
be the Commissioner of Public Safety, who shall be appointed by the
City Manager, and he/she shall serve at the pleasure of the City Manager
except that the City Manager shall obtain the consent of the Mayor
and the City Council when appointing the Commissioner of Public Safety.
The Commissioner of Public Safety shall have at least the qualifications
and experience specified by the City Council. The Commissioner of
Public Safety shall report directly to the City Manager.
B.
The Commissioner of Public Safety shall have charge and supervision
of the Fire and Police Departments and shall provide in all ways possible
for the safety, care, comfort and protection of the inhabitants of
the City of Rye and of their property.
A.
The Commissioner of Public Safety shall have jurisdiction, supervision
and control of the government, administration, disposition and discipline
of the officers and members of the Fire and Police Departments; and
shall possess and exercise fully and exclusively all powers and perform
all duties pertaining to the government, maintenance and direction
of the Fire Department, and the apparatus and property thereof, and
buildings furnished therefor and of the Police Department and equipment
furnished therefor, and shall have the general directions and supervision
of the expenditure of all moneys appropriated to the Department of
Public Safety. He/she shall have authority to administer oaths and
take evidence, affidavits and acknowledgements in all matters and
proceedings pertaining to the Department of Public Safety.
B.
The Commissioner of Public Safety shall have the power to make rules
and regulations, approved by the City Council, in regard to the government,
administration, disposition and discipline of the members of the Fire
Department and the Police Department. Such rules and regulations may
provide for the hearing, examination, investigation, trial and determination
of charges made or prepared against any officer or member of said
department for neglect of official duty or incompetency or incapacity
to perform his official duties, or some delinquency seriously affecting
his general character or fitness for the office, and may, in his/her
discretion, punish, discipline and/or terminate any officer or member
found guilty thereof, after reasonable notice and upon due trial by
the aforesaid Commissioner of Public Safety in the form and manner
prescribed by the rules and regulations of his Department.
C.
The Commissioner of Public Safety shall have the power to appoint
all officers and members of the Fire Department, except those positions
which are elected positions by the Volunteer Fire Department and all
officers and members of the Police Department, including Bay Constables,
subject to civil service rules and regulations, to such positions
in said departments as are established by the City Council.
D.
The Commissioner of Public Safety shall have general supervision
over the records of the Department of Public Safety and its officers
and employees and shall possess such other powers and perform such
other duties as may be prescribed by law or by resolution of the City
Council.
E.
The Commissioner of Public Safety shall be responsible for the administration
and supervision of police officers assigned to policing and enforcing
all laws and ordinances applicable to Rye Town Park and the maintenance
of order therein.
F.
The Commissioner of Public Safety shall assist the City Manager in
the administration of flood, disaster and other emergency plans.
G.
The Commissioner of Public Safety shall be responsible for the administration,
in coordination with other municipalities, of an emergency ambulance
service on behalf of the inhabitants of the City.
The Fire Department shall be supervised by the supervisory career
officers and such other officers as the Commissioner of Public Safety
shall authorize. The Police Department shall consist of the paid division,
including the Bay Constables, and the auxiliary police division and
shall be supervised by the supervisory career officers of the Police
Department and such other officers as the Commissioner of Public Safety
shall authorize. The supervisory career officers of the Fire Department
and the supervisory career officers of the Police Department, under
the direction and control of the Commissioner of Public Safety, shall
have the supervision and management of the officers, employees and
members of the respective departments.
The Rye Volunteer Fire Department shall be constituted of a/several
volunteer fire company(ies) and shall have the power to elect a chief,
a first assistant chief, a second assistant chief, and all company
officers to be elected from the company(ies); however, such positions
shall only be filled if such volunteers meet all of the training requirements
established by the Commissioner of Public Safety. All elected officers
shall be approved by the Commissioner of Public Safety and the City
Council. The chief, first assistant chief and second assistant chief
shall work with the supervisory career officers of the Fire Department
and report directly to the Commissioner of Public Safety. Each company
shall have the power to elect company officers as are necessary and
to select members to fill any vacancies which may occur in their ranks.
The company(ies) may adopt by-laws, subject to the approval of the
Public Safety Commissioner, City Manager and City Council, to govern
the leadership, management and direction of their respective company(ies).
The Commissioner of Public Safety may remove any member on the ground
of incompetence or misconduct after a hearing upon due notice and
upon stated charges with the right of such officer and member to a
review pursuant to article seventy-eight of the civil practice law
and rules.
