There is hereby established the part-time position of Constable
in the Town of Owasco. The Constable shall be appointed annually by
the Town Board. The annual salary for the office shall be determined
by the Town Board. His/her duties shall be outlined in this article.
It is the purpose of this article to promote the public health,
safety and welfare in the Town of Owasco.
To be eligible to hold the position of Constable, a person must
have been a resident of Cayuga County for a minimum of two years prior
to appointment. The person must have no felony convictions and must
be a minimum age of 21 years at the time of appointment. The person
shall also be subject to a background check prior to being hired by
the Town of Owasco.
No Constable shall carry a firearm, except that the Town Constable
who has been approved by the Town Board after having achieved peace
officer status and having obtained a license to possess a firearm
in this state may carry a weapon while attending functions of the
Justice Court and Town Board.
The Town Constable shall serve at the pleasure of the Town Board
and may be removed from office with or without cause.
[Added 7-8-2010 by L.L. No. 2-2010]
A. History. Local Law No. 1, adopted by the Town Board of the Town of Owasco, established
the part-time position of Constable in the Town of Owasco.
B. Authority. This section is adopted pursuant to Municipal Home Rule
Law § 10[1][ii][a][1] that grants to local governments the
authority to enact local laws regarding the qualifications of local
officers. Furthermore, this section recognizes that the State Legislature
amended Public Officers Law § 3 which has expanded the residency
requirements for many appointed public offices in various towns throughout
New York State.
C. Supersession. This section shall supersede Town Law § 23(1)
in its application to the office of Constable for the Town of Owasco.
D. Residency. The person holding the office of Police Constable in the
Town of Owasco need not be a resident nor an elector of the Town of
Owasco; provided, however, that such person shall reside in the county
in which such Town is located, Cayuga County.