[Amended by L. 1911, c. 551; 1-18-1994 by L.L. No.
1-1994; 5-7-1996 by L.L. No. 6-1996]
A.Â
The Board of Fire and Police Commissioners shall consist of five
persons each of whom shall be over the age of 18; each of whom shall
be residents of the City of Fulton at the time of appointment and
during his/her term of office; and each of whom shall not serve any
other elected or appointed position within the government of the City
of Fulton.
B.Â
On or before December 21, and every two years thereafter, the Mayor-elect shall appoint five persons as the Board of Fire and Police Commissioners for a two-year term to start on January 1. No less than two of the five persons appointed shall have served on the Board during the preceding two-year term, provided that such reappointments are otherwise qualified under § C110A above.
[Amended 4-1-2008 by L.L. No. 2-2008]
[Amended 5-7-1996 by L.L. No. 6-1996]
At the first meeting of the Board of Fire and Police Commissioners,
the calendar year of the year of appointment, the Board shall select
a President and Vice President from among its membership. The President
shall preside at the meetings of the Commission, and the Vice President
shall preside in the absence of the President. Neither the President
or the Vice President shall forfeit his/her vote by virtue of their
position as President or Vice President.
The City Clerk/Chamberlain of the City of Fulton shall act as
Secretary to the Board of Fire and Police Commissioners.
[Amended 1-18-1994 by L.L. No. 1-1994; 5-7-1996 by L.L. No.
6-1996]
Except as otherwise provided by this Title of the City Charter,
or as otherwise provided by federal or state statutes, all meetings
of the Commission shall be conducted in accordance with Roberts Rules
of Order.
[Amended 5-7-1996 by L.L. No. 6-1996]
A.Â
The Board shall conduct meetings on at least a quarterly basis.
[Amended 12-1-1998 by L.L. No. 15-1998]
B.Â
A quorum shall consist of three members of the Board, attending a
meeting in person. The fact that less than three people vote on any
issue before the Board shall not void the vote, provided that a quorum
is present at the meeting.
[Amended 5-7-1996 by L.L. No. 6-1996]
A.Â
The Board of Fire and Police Commissioners shall establish policies,
guidelines and goals for the effective and efficient organization
and operation of the Police Department and Fire Department of the
City of Fulton and the delivery of public safety services to the necessary
and proper persons.
[Amended 12-1-1998 by L.L. No. 15-1998]
B.Â
The Commission shall be the "appointing authority" for the purpose
of hiring uniformed personnel in the Police Department and Fire Department;
for the purpose of promotions in the Police Department and Fire Department;
and for the purpose of discipline in the Police Department and Fire
Department; as the term "appointing authority" is defined in any state
statute or collective bargaining agreement affecting the Police Department
and/or Fire Department.
[Amended by L.L. No. 2-1937; L.L. No. 1-1943; L.L. No. 2-1948; L.L. No. 1-1952; L.L. No. 2-1967]
The Fire Department shall consist of a Chief, an Assistant Chief,
Captains and Lieutenants, firemen and call firemen. The number of
Captains, Lieutenants, firemen and call firemen shall be determined
by resolution of the Common Council and may be increased or decreased
at any time by resolution of the Common Council.
[1]
Editor's Note: Original §§ C116, Volunteer
firemen to be preferred, and C117, Pay of officers and members of
the Police and Fire Departments, as amended, were repealed 10-30-1991
by L.L. No. 3-1991.
The Chief of the Fire Department, under the direction of the
Board of Fire and Police Commissioners, shall have the general superintendence
and custody of the fire engines and other fire apparatus and conveniences
for the prevention and extinguishment of fires on the east side of
the river. It shall be his duty to see that the same are kept in proper
order and to make a report, in writing, to the Board on the state
of the Department on the first day of January in each year and at
such other times as the Board may require. It shall be his further
duty to be present at fires and to take command of the firemen present
and to exercise general supervision and control of operations and
proceedings of the firemen present and to give direction concerning
the same. He shall also have power and discretion to suspend from
duty any member of said Fire Department and report the same to the
Board for its action. Any member of the Fire Department so suspended
shall have an opportunity to be heard in his defense before said Board.
It shall be the duty of the Assistant Chief to be present and aid
the Chief at all fires; and in case of his absence, the powers and
duties of the Chief shall be exercised and discharged by him. He shall
have the general supervision of the firehouses and custody of the
fire engines and other fire apparatus and conveniences for the prevention
and extinguishment of fires on the west side of the river, always,
however, under the direction of the Chief and said Board.
The Chief, Captain and paid men of said Fire Department shall
be exempt from military and jury duty while in the service of the
city, and the call men shall be entitled to the same privileges and
exemptions as are accorded by the laws of this state to volunteer
firemen.
[Amended by L.L. No. 2-1929; L.L. No. 3-1931; L.L. No. 2-1935; L.L. No. 1-1945; L. 1951, c. 610; L.L.
No. 3-1958; L.L.
No. 1-1970; 9-21-1976 by L.L. No. 1-1976; 4-18-1978 by L.L. No.
5-1978; 8-1-1989; 6-16-1992; 3-15-1994; 1-16-1996 by L.L. No. 1-1996; 5-7-1996 by L.L. No.
6-1996]
The Police Department of the City of Fulton shall consist of
a Chief of Police, a Deputy Chief of Police, Lieutenants, Sergeants,
investigators and police officers. The number of Lieutenants, Sergeants,
investigators and police officers shall be determined by resolution
of the Common Council and may be increased or decreased at any time
by resolution of the Common Council. The duties of said Chief of Police,
Deputy Chief of Police, investigators, Lieutenants, Sergeants and
police officers shall be such as prescribed by the laws of the State
of New York, the Charter of the City of Fulton and the rules and regulations
adopted from time to time by the Board of Fire and Police Commissioners
of the City of Fulton.
[1]
Editor's Note: Original §§ C121, Special policemen,
as amended, and C122, Qualifications of police, were repealed 10-30-1991
by L.L. No. 3-1991.
All the members of the police force, other than special policemen,
subject to the power of removal herein specified, shall hold their
respective offices during good behavior or until, by age or disease,
they become permanently incapacitated to discharge their duties.
[Amended 10-30-1991 by L.L. No. 3-1991]
The Board of Police Commissioners shall, after a vacancy occurs
in the police force for any cause, appoint a successor to the person
whose office has become vacant.
[Amended by L.L. No. 3-1967; 10-30-1991 by L.L. No. 3-1991]
It shall be the duty of the Chief of Police, under the direction
of said Board, to superintend the Police Department of said city,
of which Department he shall be the chief executive officer, and he
shall have full control of the patrolmen, subject to the direction
of said Board. He shall keep a book of records, to be denominated
"police records," in which he shall make daily entries of all the
proceedings of his Department and of all the services rendered by
him and the several members of the police force. He shall, at the
regular monthly meeting of the Board, report to the Board the state
of his Department, the services performed by the members of the police
force, respectively, the amounts respectively due each of them for
their services in the preceding month and whether any of them have
been disorderly in their behavior or delinquent in their duties.
[Added by L.L. No. 2-1935; amended by L.L. No.
3-1958; 5-7-1996 by L.L. No. 6-1996]
It shall be the duty of the Deputy Chief of Police to assist
the Chief of Police in the performance of his duties as provided in
§ C125 of this Act, and he shall exercise the powers and
perform the duties of the Chief of Police during the absence of the
Chief of Police from the city or on account of his inability to act,
upon the direction of the Fire and Police Commissioners.
[Amended L. 1911, c. 551; L. 1949, c. 854; 10-30-1991 by L.L. No.
3-1991]
1.Â
The members of the police force of said city shall possess in every
part of the State of New York all the common law and statutory power
of constables, and any warrant for search or arrest issued by any
Magistrate of the State of New York may be executed in any part of
the state by any member of the police force of said city without any
endorsement of said warrant and according to the terms thereof; they
shall execute the orders and commitments of all courts for the trial
of criminal cases; they shall convey all persons sentenced to confinement
in any jail, penitentiary or house of refuge to such place of confinement,
and they shall serve and execute all civil and criminal process or
proceedings issued, except that a summons or a summons and complaint
may be served by any person authorized by law to serve a summons issued
out of the Supreme Court.
2.Â
The police officers of the city shall keep a correct account of all
fees received by them, or to which they are entitled, and shall pay
over all fees received to the Clerk/Chamberlain at least once a month.
An account of all fees to which they are entitled which are a county
charge shall be assigned by them to said Board which shall present
the same to the Board of Supervisors of Oswego County. When collected,
said Board shall pay the same over to the Clerk/Chamberlain; all sums
so paid to the Clerk/Chamberlain by said Board or policemen shall
be by him credited to the Police Fund.
[Amended 12-1-2009 by L.L. No. 6-2009]
All criminal process for any offense committed within said city,
issued out of any court, and all process, subpoenas, bench warrants
or otherwise, issued by the District Attorney of the County of Oswego,
relating to any offense committed within said city, may be served
by a member of said police force.
The necessary expenses incurred in the execution of criminal
process within said city shall be a charge against the city. No fees
or compensation whatever, other than as herein provided, shall be
charged or received by any officer or member of the said police force
for the arrest, confinement or discharge of any person, or for mileage
and travel, or for serving any warrant, subpoena or process, or for
discharging any other duty required by this Act; nor shall any such
fee or compensation be charged or received by any officer or citizen
for the arrest of any person charged with crime or for the service
of any warrant, subpoena or other process in any criminal case, other
than as herein provided.
[Amended 10-30-1991 by L.L. No. 3-1991]
The members of the police shall aid in the enforcement of the
bylaws and ordinances of said city and the boards thereof, by directing
compliance therewith, whenever an omission so to do is observed, and
they shall have the power and it shall be their duty to arrest, without
process, any person who violates any ordinance in their presence and
take such person into custody, when a formal complaint shall be entered
by the officer making such arrest.
[Amended 12-1-2009 by L.L. No. 6-2009]
No member of the police force or special policeman shall receive
any present or reward for services rendered or to be rendered unless
with the consent of the Board of Fire and Police Commissioners, such
consent to be given in writing and filed with the Clerk/Chamberlain;
and any one of its number who shall receive any fee or reward in violation
of this section shall thereby forfeit his office.
[Amended 6-15-1999 by L.L. No. 9-1999]
A police officer's involvement as a delegate to any political
convention and attendance thereat shall be governed by the Fulton
Police Department Policy Manual.
[Amended 6-15-1999 by L.L. No. 9-1999]
A police officer's conduct in relation to political elections
and political committees shall be governed by the Fulton Police Department
Policy Manual.
[Amended 10-30-1991 by L.L. No. 3-1991; 6-15-1999 by L.L. No.
9-1999]
No police officer shall hold any other appointive office in
Fulton City government or be employed in any other department of Fulton
City government.
[Amended L. 1911, c. 551; 10-30-1991 by L.L. No. 3-1991; 12-1-2009 by L.L. No. 6-2009]
The Clerk/Chamberlain shall pay the salary of the members of
the police force weekly, as it shall become due, on the warrant of
said Board. The contingent expenses of the Police Department, for
rent of station house and telephones, expenses for office furniture,
fuel, light, stationery, printing, advertising, policemen's badges
and batons and other necessary expenses, shall be paid by the Clerk/Chamberlain
of said city upon the warrant of said Board. All warrants of said
Board must be authorized by a vote of the Board and be signed by the
Mayor and certified by the Clerk/Chamberlain.
[1]
Editor's Note: Original § C135, Charges, trial thereon,
was repealed 10-30-1991 by L.L. No. 3-1991.
[Amended 10-30-1991 by L.L. No. 3-1991]
The Board of Fire and Police Commissioners shall provide and
keep in order such station houses, lockups and other necessary accommodations
as shall be required for the use of said police force. Said Board
may also employ some suitable and competent person to serve as janitor
of such station houses and lockups, at a compensation to be fixed
by them, if authorized so to do by the Common Council.
[1]
Editor's Note: Original §§ C137, Commitment
to police station; account of criminal expenses chargeable to county;
C138, Power of Board of Fire and Police Commissioners to increase
salaries of employees; C139 through C147, dealing with a police pension
fund; C148 through C149-h, dealing with a firemen's pension fund;
and C150, Retirement of members of the Police Department, as amended,
were repealed 10-30-1991 by L.L. No. 3-1991. Current provisions regarding
the funds are on file in the office of the City Clerk/Chamberlain.
