[HISTORY: Adopted by the Board of Trustees of the Village
of East Hampton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-6-2014 by L.L. No. 1-2014]
A.
Pursuant to § 8-804 of the New York State Village Law,
the Village Board of the Village of East Hampton is empowered to adopt
and make rules and regulations for the examination, hearing, investigation
and determination of charges made or preferred against any member
or members of the police force of the East Hampton Village Police
Department (hereinafter "member").
B.
The purpose of this article is to provide rules and regulations for
examination, hearing, investigation and determination of charges made
or preferred against members of the police force of the East Hampton
Village Police Department, in accordance with § 8-804 of
the New York State Village Law.
C.
These rules and regulations are intended to comply with applicable
provisions of law, including the Village Law of the State of New York.
Except as expressly stated herein, and as stated in the rules and
regulations of the East Hampton Village Police Department, as the
Village may from time to time prescribe, the Village hereby adopts
and incorporates by reference the procedures set forth in § 8-804
of the New York State Village Law for examination, hearing, investigation
and determination of charges made or preferred against any member
or members of the police force of the East Hampton Police Department.
For purposes of these rules and regulations, subject to the
provisions of § 8-804 of the New York State Village Law
or other applicable law, the Village Board has the power to discipline
any member or members of the police force of the East Hampton Police
Department found guilty upon written charges, after eight days' notice
and an opportunity to be heard in his or her defense, of neglect or
dereliction in the performance of official duty, or violation of rules
and regulations, or disobedience, or incompetency to perform official
duty, or an act of delinquency seriously affecting his or her general
character or fitness for office, by the following disciplinary actions:
A.
Fine.
B.
Reprimand.
C.
Suspension, without pay, not to exceed 20 days, provided that the
Village Board shall have the power to suspend any member or members,
without pay, for a period not exceeding 30 days pending trial of disciplinary
charges.
D.
Removal from one's title and reduction into a lower title if one
exists.
E.
Dismissal.
A.
Except as otherwise provided, no member or members of the police
force of the East Hampton Police Department shall be fined, reprimanded,
suspended, removed or dismissed until written charges shall have been
examined, heard and investigated in such manner or procedure, practice,
examination and investigation as the Village Board may by rules and
regulations from time to time prescribe.
B.
Notwithstanding any other provision of law, no charges shall be commenced
more than three years after the occurrence of the alleged neglect
or dereliction in the performance of official duty, or violation of
rules and regulations, or disobedience, or incompetency to perform
official duty, or an act of delinquency seriously affecting his or
her general character or fitness for office, complained of and described
in the charges; provided, however, that such limitation shall not
apply where the aforementioned conduct complained of and described
in the charges would, if proven in a court of appropriate jurisdiction,
constitute a crime.
A.
Any member or members of the police force of the East Hampton Village
Police Department served with charges shall have the right to request
a hearing of such charges. The request for a hearing must be made
in writing and received by the Village Administrator, or such other
person designated by the Village Board to accept a request for a hearing
on disciplinary charges, within eight days of the service of the charges.
B.
The Village Board shall have the power to suspend any member or members,
without pay, for a period not exceeding 30 days pending trial of disciplinary
charges. If any member so suspended shall not be convicted by the
Village Board of any of the charges preferred, he or she shall be
entitled to full pay from the date of suspension, notwithstanding
such charges and suspension.
Following receipt of a request for a hearing on the charges,
the Village Board will appoint a hearing officer who will conduct
the hearing.
Except as otherwise provided herein, all hearings shall be conducted
in accordance with the procedures contained in § 8-804 of
the New York State Village Law. The hearing of the charges shall be
private, unless the member specifically requests a public hearing
in writing. The member shall have the right to be represented by counsel
or representative at such hearing. Any and all witnesses shall testify
under oath. Compliance with technical rules of evidence shall not
be required in such hearing.
The hearing officer is to hear all testimony and review all
evidence and shall issue a report, in writing, containing recommended
findings of fact and a recommended disciplinary penalty, if applicable,
to the Village Board.
After review, the Village Board may accept or reject, in whole
or in part, the recommended findings of fact and/or the recommended
disciplinary penalty, if applicable. The Village Board shall make
a final determination of the charges alleged in the notice of discipline,
and, where applicable, shall impose any penalty consistent with the
New York State Village Law.
In accordance with § 8-806 of the New York State Village
Law, the conviction of such member or members shall be subject to
review by the Supreme Court in the judicial district in which the
Village is located, in the manner provided by Article 78 of the Civil
Practice Law and Rules on the ground that said conviction is illegal,
provided the proceeding is commenced within 60 days after the conviction.
If any part or provision of this article or the application
thereof to any person or circumstance is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to any other persons or circumstances,
and the Village Board of the Village of East Hampton hereby declares
that it would have passed this article or the remainder thereof had
such invalid application or provision been apparent at the time of
enactment. The Village Board further hereby declares that should any
part or provision of this article or the application thereof to any
person or circumstance be adjudged invalid by any court of competent
jurisdiction, that it is the intention of the Village Board that such
part, provision or application be governed by the applicable provisions
of the Village Law and/or the civil service provisions of § 8-806
of the New York State Village Law.
[Adopted 10-15-2021 by L.L. No. 26-2021]
The Village of East Hampton hereby establishes the position
of Village constables, members of which shall be authorized to act
in the capacity of peace officers pursuant to the provisions of Criminal
Procedure Law § 2.10(1). Village constables shall have the
powers and the responsibilities consistent and generally associated
with peace officers in the State of New York, including but not necessarily
limited to:
A.
Patrolling the Village by foot or vehicle, noting violations of New
York State and local laws, codes, and ordinances within the Village;
B.
Answering calls for assistance within the Village in connection with
automobile accidents, other accidents, emergency situations, and all
other situations requiring action or intervention;
C.
Directing pedestrian and vehicular traffic at scenes of accident,
fires, public assemblages and at busy thoroughfares and intersections
within the Village;
D.
Answering questions for and directs the public;
E.
Making reports of activities as required;
F.
Investigating complaints and reports of violations of New York State
laws and regulations, and Village and local laws and regulations,
for investigation, and issuing summonses or appearance tickets to
violators when sufficient evidence exists;
G.
Directing pedestrian and vehicular traffic at scenes of accident,
fires, public assemblages and at busy thoroughfares and intersections;
H.
Patrolling parking areas and issues summonses for parking violations;
I.
Answering questions for and directs the public;
J.
Making reports of activities as required;
K.
Testifying in court or grand jury as required.
No person holding the position of Village constable shall carry
or otherwise possess a firearm in their capacity as a Village constable
on Village property other than in conformity with state and federal
law, and after having successfully completed such initial training
and instruction, and any required in-service or follow-up training
and instruction, required for a peace officer authorized to carry
a firearm under the laws of the State of New York.
The Village constables shall serve at whatever compensation
that will be determined by the Village Board, if any, and compensation
shall be fixed at a rate commensurate with the task assigned, as determined
by the Village Board in their sole discretion.
The Village shall purchase uniforms and equipment for constables
and provide any and all necessary training as deemed necessary and
required by the Village Board and the Village of East Hampton Chief
of Police. There shall be a provision in the annual budget for the
estimated expenditures incurred in providing uniforms, equipment and
training.
Pursuant to the laws of the State of New York and specifically
Municipal Home Rule Law § 10, the Village of East Hampton
will waive the residency requirements set forth in New York State
Public Officers Law § 3 for constables of the Village of
East Hampton.
Qualifying evaluations may be waived for candidates with current
or prior status in a peace or police officer title who are in possession
of current New York State MPTC certification as a peace or police
officer within the following guidelines:
B.
Pursuant to § 209-q1(b) of General Municipal Law:
(1)
Separated for less than two years after having served for less than
two consecutive years as a police officer in NYS; or
(2)
Separated for less than four years after having served as a police
officer in NYS for more than two consecutive years; or
(3)
Up to 10 years after separation with an approved police officer refresher
course.
This article shall take effect immediately upon filing with
the New York State Secretary of State.
