[HISTORY: Adopted by the Town Board of the Town of Elma 9-3-2014 by L.L. No. 4-2014. Amendments noted where applicable.]
The Town Board of the Town of Elma recognizes that the Constitution of the State of New York and the Municipal Home Rule Law of the State of New York afford towns the ability to structure their local governments as needed to promote the efficiency of Town operations. The Municipal Home Rule Law specifically authorizes a Town to create or discontinue departments; to prescribe or modify the powers and duties of such departments; and to specify the powers, duties, qualifications, number and mode of selection of its officers and employees. The Municipal Home Rule Law also authorizes a Town to supersede any provision of the Town Law relating to the property, affairs or government of the Town or to other matters in relation to which and to the extent to which it is authorized to adopt local laws, subject to the limitations provided therein. The Town Board accordingly intends to exercise those powers to hereby constitute the Town of Elma Police Department as a department of Town government under the immediate supervision of the Town Supervisor.
This legislation is intended to improve the Town's ability to provide for the safety of persons who live in, work in and visit the Town of Elma. To that end, the Town Board seeks to encourage traditional and nontraditional approaches to public safety, including the expansion of cooperative efforts with other Town departments, with outside law enforcement agencies and other municipal entities at the local, county, state and federal level.
As used in this chapter, the following terms shall have the meanings indicated:
- The Town of Elma Police Department.
- The Town Supervisor of the Town of Elma.
- TOWN BOARD
- The Town Board of the Town of Elma.
The Town of Elma Police Department is hereby constituted as a department of Town government.
The Town Board shall determine the number of officers and employees in all positions within the Department, all of whom shall be appointed by the Town Board.
All Department personnel shall be under the immediate supervision of Town Supervisor, who shall ultimately be subject to the direction and supervision of the Town Board.
The Town Board will have overall responsibility for the planning, management and administration of the operations and activities of the Police Department, including budgetary and financial management of the Department, and external contacts with other agencies, jurisdictions, the media and Town residents.
The Town Board shall have such powers and shall execute such duties as would otherwise be exercised by a Board of Police Commissioners as specified in Town Law § 150, Subdivision 2. Without limitation, the Board shall:
Develop, implement and enforce policies and procedures for the administration of all Police Department operations;
Plan, organize, direct, coordinate and supervise on an overall basis all activities of the Police Department;
Coordinate financial planning for the Department, including preparation of budgets, maintenance of fiscal control, and submission of required reports to other agencies as required;
Coordinate and approve departmental budgetary planning and procedures;
Approve all contracts for coordination and/or cooperation with other agencies and municipal entities for the provision of law enforcement within the Town of Elma;
Determine staffing and changes in the employment, promotion, removal and status of any member of the Police Department (civilian and noncivilian), subject to the provisions of the Civil Service Law, and as recommended by the Supervisor;
Subject to the advice of the Supervisor, approve the training of police personnel in legal aspects of police duties and responsibilities;
Have such authority and perform such other duties as are required and/or customarily performed by a Board of Police Commissioners.
Subject to the Town Board's overall authority as described in § 31-1, immediate supervision over Police Department employees, and immediate administration of Police Department operations, shall be exercised by the Town Supervisor, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3).
The Supervisor shall have such powers and shall execute such duties as would otherwise be exercised by a Police Chief as specified in Town Law § 150, Subdivision 2, subject to the limitations set forth in § 31-1, which duties shall include:
Adopt policies and procedures for the administration of all Department operations;
Plan, organize, direct, coordinate and supervise all activities of the Department;
Coordinate preparation of reports and make recommendations for financial planning for the Department, including the Department's budget;
Advise and recommend staffing and changes in the employment, promotion, removal and status of any member of the Department (civilian and noncivilian);
Prepare all reports required to be submitted on behalf of the Department or the Town of Elma to other agencies;
Carry out police enforcement of all laws and ordinances applicable to the Town of Elma;
Implement any changes required by law in the administration of Department operations, or any other changes that are consistent with law and in the best interests of the Department, the Town of Elma and/or the Town of Elma's residents;
Supervise the training of police personnel in legal aspects of police duties and responsibilities;
Undertake the formulation and implementation of performance standards by which to measure departmental and employee productivity;
Coordinate departmental activities and operations with other agencies, municipal entities and officials;
Assist the Town Attorney, as requested, with regard to Department matters;
In coordination with the Town Board, establish and maintain effective communications with the media regarding the Department;
Meet with individuals, groups, associations, organizations and commissions on behalf of the Department;
Represent the Department at police and municipal functions;
In coordination with the Town Board, serve as the Department's representative and spokesperson on all matters concerning the Police Department;
Coordinate law enforcement efforts with other Town departments and with other municipal agencies;
Have such authority and perform such other duties as are required and/or customarily performed by a Police Chief of a municipal police department in New York State.