[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Editor's Note: The Code of Criminal Procedure was repealed by L. 1970, c. 996.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.
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. III).
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.