[1]
Editor's Note: This article does not reflect the provisions
of L.L. Nos. 10-1967, 1-1968 and 3-1968, which were judicially declared
invalid.
There shall be a Suffolk County Police Department, the head of which shall be the Commissioner of Police. The County Police Department shall consist of a Headquarters Division and, upon the establishment of a County Police District pursuant to § C13-5 of this article, of a County Police District as herein provided. Within the County, the County Police Department and members thereof shall exercise all rights, privileges, duties and responsibilities of peace officers and law enforcement officers, as provided in the Penal Law, the Code of Criminal Procedure[1] and other laws of the state and County.
[1]
Editor's Note: The Code of Criminal Procedure was repealed
by L. 1970, c. 996. For current statutory provisions, see the Criminal
Procedure Law.
[Amended 11-25-1975 by L.L. No. 25-1975; 11-25-1980 by L.L. No.
7-1981; 7-6-1983 by L.L. No. 12-1983]
A.
The Commissioner of Police shall be appointed by the County Executive
subject to the approval of the County Legislature and shall serve
at the pleasure of the County Executive. If the person appointed Commissioner
of Police shall at the time of his appointment be a police officer
with at least 10 years of service as a police officer, then he shall
continue to be a police officer while serving as Commissioner of Police
and shall, in addition to the responsibilities and duties of Commissioner,
continue to have all of the responsibilities and duties of a police
officer.
B.
If a person appointed as a Deputy Commissioner of Police shall, at
the time of his or her appointment, be a police officer with at least
10 years of service as a police officer, then he or she shall continue
to be a police officer while serving as a Deputy Commissioner of Police
and shall, in addition to the responsibilities and duties of a Deputy
Commissioner, continue to have all the responsibilities and duties
of a police officer.
[Added 11-26-1985 by L.L. No. 36-1985]
[Amended 11-25-1975 by L.L. No. 25-1975; 9-6-1977 by L.L. No.
36-1977; 9-26-1978 by L.L. No. 16-1978]
There shall be, as part of the Headquarters Division of the
County Police Department, a bureau for detective purposes, to be known
as the "Detective Bureau," a Bureau of Communications and Information,
a Bureau of Identification, a Bureau of Police Training and such other
bureaus or offices as the County Legislature, upon the recommendation
of the Commissioner of Police, shall deem proper for the police and
law enforcement work in the County. The Commissioner shall assign
such members of the Headquarters Division to the office of the District
Attorney on a temporary or permanent basis as the District Attorney
shall from time to time require and shall likewise assign such members
to any other officer or County department to render such service to
such officer or County department as the Commissioner may determine.
A.
At the general election at which a vote is taken on the adoption
of this Charter, there shall also be submitted to all the electors
of all of the towns of Suffolk County, including the electors within
incorporated villages, the following question: "Shall the Town of
. . . authorize the transfer of its police functions to the County
Police Department of Suffolk County and shall said town become a part
of the Suffolk County Police District?"
B.
At said general election at which the vote is taken on the adoption
of this Charter, there shall also be submitted to all the electors
of each incorporated village in said County the following separate
question: "Shall the Village of . . . authorize the transfer of its
police functions to the County Police Department of Suffolk County
and shall said village become part of the Suffolk County Police District?"
A.
If three or more contiguous towns, by a majority vote cast in each
such town, elect to transfer their police functions to the County
and to become part of the County Police District, a County Police
District shall thereupon be created effective on the first day of
January of the second year following such election, and such District
shall thereupon become part of and be under the jurisdiction of the
County Police Department. The County Police District so created shall
consist of the unincorporated territory of the three or more contiguous
towns so electing to become part of the County Police District and
also the territory of any incorporated village situated within any
of said contiguous towns which has, by a majority vote cast in such
village, elected to transfer its police functions to the County and
to become part of the County Police District. The election of any
such town or village shall be irrevocable.
B.
The Town of Shelter Island shall be deemed to be contiguous to the
Towns of Southold, Southampton and East Hampton.
C.
Once a County Police District has been created, any town, village
or special police district contiguous to such County Police District
may thereafter elect to become part of the County Police District,
and upon making such election by the majority vote of the electors
of such town, special police district or village, the area comprising
such town, special police district or village shall become irrevocably
a part of the County Police District on the first day of January of
the second year following such election.
It shall be the duty of the Police Department to preserve the
public peace, prevent crime, detect and arrest offenders, protect
the rights of persons and property and enforce all laws and ordinances
applicable to the County.
Any village, special district or town, not a party of the County
Police District, may, by a resolution of the governing body, enter
into a contract with the County Police Department for a term of not
less than two years, by which the County Police Department will agree
to provide a specified degree and type of police protection at a price
to be set forth in such contract. Such contract may provide for the
number of police to be assigned to duty in such village, district
or town. Nothing herein contained shall be taken to limit the power
of the Commissioner of Police in removing, administering or otherwise
displacing or changing the rank or status of any member of the County
Police Department, subject to the provisions of the Civil Service
Law.
When the police functions of any town, special police district or village are transferred to the County and such town, special police district or village becomes part of the County Police District as in this article provided, the members of the police department of such town, special police district or village shall be transferred to and become members of the County Police Department in accordance with and to the extent provided in Civil Service Law § 70, Subdivision 2.
In the event that any town or village elects to become a part
of the County Police District pursuant to this article, the town board
of such town or the board of trustees of such village, as the case
may be, may convey to the County, and the County Legislature may purchase
on behalf of the County, any real or personal property owned and used
by such town or village in connection with its police force or other
police department, at such price and upon such terms as may be agreed
upon between the board of trustees of such village. The cost to the
County of any and all such property shall be charged to the Police
District except for so much of such cost which is allocable toward
the purchase of so much of such property acquired with the approval
of the County Legislature for the Headquarters Division of the County
Police Department.
[Added 3-14-1989 by L.L. No. 15-1989]
A.
Any Suffolk County police helicopter may be used for purely law enforcement or public safety purposes, such as police surveillance, rescue, medical emergencies, medical transport, police transport, police pursuit, police security and similar activities necessary to preserve and protect the public health, safety and general welfare, without restriction. The Commissioner of the Suffolk County Police Department shall certify, in writing, on an annual basis, no later than December 31 of any year, to the County Executive and the Presiding Officer of the County Legislature, that the police helicopter has been used exclusively for law enforcement purposes except in those instances identified, in writing, pursuant to Subsection B of this section.
B.
No County police helicopter shall be utilized by any elected official
or non-law-enforcement personnel of the County of Suffolk, the State
of New York, the federal government or any other municipality for
any purpose except in accordance with the procedures set forth herein:
[Amended 4-28-1998 by L.L. No. 13-1998]
(1)
The Chief Deputy County Executive shall certify, in writing, that
the primary purpose of the use of the helicopter by any such elected
official is for official County action arising directly out of or
caused directly by a sudden unforeseen occurrence or disaster such
as a hurricane, fire, tornado, flood, blizzard, explosion, airplane
crash, earthquake, nuclear war, radiological emergency, war, civil
unrest or disobedience, act of God or comparable event.
(2)
Any non-law-enforcement individual who is performing work either
in connection with or under the supervision of County public safety
personnel dealing with actual rescue operations, medical emergencies,
fire suppression and/or medical transport may be transported by a
Suffolk County Police Department helicopter during the first 12 hours
of an actual operation, emergency, fire or medical incident.
(3)
In all other circumstances, a non-law-enforcement individual who
is performing work either in connection with or under the supervision
of County public safety personnel dealing with rescue operations,
medical emergencies, fire suppression, and/or medical transport may
be transported by a Suffolk County Police Department helicopter, as
long as the Chief Deputy County Executive has certified, in writing,
that the primary purpose for the use of the helicopter by such non-law-enforcement
individual is for rescue operations, medical emergencies, fire suppression,
and/or medical transport arising directly out of or caused directly
by a sudden unforeseen occurrence or disaster such as a hurricane,
fire, tornado, flood, blizzard, explosion, airplane crash, earthquake,
nuclear war, radiological emergency, hazardous materials incident,
war, civil unrest or disobedience, act of God, accident, act of terrorism
or comparable event, or as a direct result of participation in a joint
training exercise.
(4)
The individual so requesting the use of any police helicopter shall
sign a sworn affidavit explaining in sufficient detail how his or
her request meets the above-described criteria for the use of said
helicopter.
(5)
All other requests for the use of any police helicopter shall be
denied.
C.
A written log for the use of any police helicopter, law enforcement
or otherwise, shall be maintained by the Suffolk County Department
of Police and shall contain a listing of all individuals, by name,
using said helicopter during the course of a year. Such log shall
be retained by said Department for a period of at least seven years.
(1)
Said log book shall include a duplicate copy, together with the written
explanation detailing the basis for the request for use in a non-law-enforcement
situation, signed by the individual requesting such use, as well as
the signed approval granted by the Chief Deputy County Executive.
Copies of any affidavits required to be signed shall be made part
of such log book.
(2)
A copy of said log book shall be available for inspection by any
member of the Suffolk County Legislature or a written designee thereof
upon request by any such Legislator to the Commissioner of the Suffolk
County Police Department.
[Added 3-14-1989 by L.L. No. 15-1989]
A.
Any Suffolk County police boat may be used for purely law enforcement or public safety purposes, such as police surveillance, rescue, medical emergencies, medical transport, police transport, police pursuit, police security and similar activities necessary to preserve and protect the public health, safety and general welfare, without restriction. The Commissioner of the Suffolk County Police Department shall certify, in writing, on an annual basis, no later than December 31 of any year, to the County Executive and the presiding officer of the County Legislature, that the police boat has been used exclusively for law enforcement purposes except in those instances identified, in writing, pursuant to Subsection B of this section.
B.
No County police boat shall be utilized by any elected official or
non-law-enforcement personnel of the County of Suffolk, the State
of New York, the federal government or any other municipality for
any purpose except in accordance with the procedures set forth herein:
[Amended 4-28-1998 by L.L. No. 13-1998]
(1)
The Chief Deputy County Executive shall certify, in writing, that
the primary purpose of the use of the boat by any such elected official
is for official County action arising directly out of or caused directly
by a sudden unforeseen occurrence or disaster such as a hurricane,
fire, tornado, flood, blizzard, explosion, airplane crash, earthquake,
nuclear war, radiological emergency, war, civil unrest or disobedience,
act of God or comparable event.
(2)
Any non-law-enforcement individual who is performing work either
in connection with, or under the supervision of, County public safety
personnel dealing with actual rescue operations, medical emergencies,
fire suppression and/or medical transport may be transported by Suffolk
County Police Department boat during the first 12 hours of an actual
operation, emergency, fire or medical incident.
(3)
In all other circumstances, a non-law-enforcement individual who
is performing work either in connection with, or under the supervision
of, County public safety personnel dealing with rescue operations,
medical emergencies, fire suppression and/or medical transport may
be transported by a Suffolk County Police Department boat, as long
as the Chief Deputy County Executive has certified, in writing, that
the primary purpose for the use of the boat by such non-law-enforcement
individual is for rescue operations, medical emergencies, fire suppression
and/or medical transport arising directly out of or caused directly
by a sudden unforeseen occurrence or disaster such as a hurricane,
fire, tornado, flood, blizzard, explosion, airplane crash, earthquake,
nuclear war, radiological emergency, hazardous materials incident,
war, civil unrest or disobedience, act of God, accident, act of terrorism
or a comparable event, or as a direct result of participation in a
joint training exercise.
(4)
The individual so requesting the use of any police boat shall sign
a sworn affidavit explaining in sufficient detail how his or her request
meets the above-described criteria for the use of said boat.
(5)
All other requests for the use of any police boat shall be denied.
C.
A written log for the use of any police boat, law enforcement or
otherwise, shall be maintained by the Suffolk County Department of
Police and shall contain a listing of all individuals, by name, using
said boat during the course of a year. Such log shall be retained
by said Department for a period of at least seven years.
(1)
Said log book shall include a duplicate copy, together with the written
explanation detailing the basis for the request for use in a non-law-enforcement
situation, signed by the individual requesting such use, as well as
the signed approval granted by the Chief Deputy County Executive.
Copies of any affidavits required to be signed shall be made part
of such log book.
(2)
A copy of said log book shall be available for inspection by any
member of the Suffolk County Legislature or a written designee thereof
upon request by any such Legislator to the Commissioner of the Suffolk
County Police Department.
[Added 9-28-2004 by L.L. No. 41-2004]
Unless barred by a judicial order forbidding the dissemination
of information, all law enforcement agencies having jurisdiction over
the release and dissemination of information concerning registered
sex offenders shall disseminate the maximum amount of information
available under applicable New York State law covering Level 2 and
Level 3 offenders, as such law may be amended from time to time.
[Added 8-3-2010 by L.L. No. 42-2010[1]]
A.
No service provided primarily by the Police Department and no official
command duty or responsibility contained in the Suffolk County Police
Department's rules and procedures as of the effective date of this
section, and assigned to and performed by sworn or civilian employees
of the Police Department, shall be transferred to or reassigned to
another law enforcement agency or County department without the prior
approval of the County Legislature pursuant to a duly enacted resolution.
B.
No services provided primarily by the Police Department and no official
command duty or responsibility contained in the Suffolk County Police
Department's rules and procedures as of the effective date of this
section, and assigned to and performed by sworn or civilian employees
of the Police Department, shall be eliminated by the Police Department
without the prior approval of the County Legislature pursuant to a
duly enacted resolution.
[1]
Editor's Note: This local law was vetoed by the County Executive
7-9-2010, which veto was overridden by the County Legislature.
