[HISTORY: Adopted by the Town Board of the Town of Salina 10-13-2015 by L.L. No. 5-2015. Amendments noted where applicable.]
It is the purpose and intent of this chapter to create the office
of Town Constable, which shall be a part-time position and as authorized
by the Criminal Procedure Law and the Town Law of New York, to perform
such special duties for the Justice Court of the Town of Salina as
allowed by law.
The Town of Salina hereby establishes the part-time office of
Town Constable, who shall be authorized to act in the capacity of
uniformed court officer and shall have the responsibilities generally
associated with such position in and about the Town Court as hereinafter
set forth. Town Constables shall be appointed by the Town Board but
shall work under the direct supervision of the Town Justices. The
Town Board may appoint as many Town Constables as it desires and shall
provide for the amount and manner of payment for their services.
Persons holding the position of Town Constable shall have the
status of and shall be granted and exercise the powers of a "peace
officer" under the general laws of the State of New York when performing
their duties hereunder as uniformed court officers.
A Constable shall serve at the pleasure of the Town Board and
may be removed from office by the Town Board for any or no reason
whatsoever.
Minimum qualifications for the position of a Town Constable
shall be an age of 21 years or more, to have a high school diploma,
a valid New York State driver's license, and a pistol permit
issued by the appropriate governmental agency, and to be a resident
of the County of Onondaga.
Town Constables shall have, in addition to the powers granted
hereinabove, those special duties, powers and responsibilities consistent
and generally associated with a court officer in the State of New
York, including but not necessarily limited to:
A.
Attending sessions of the Town Court to maintain order and decorum
in the courtroom.
B.
Calming disruptive individuals.
C.
Barring entry into secure areas of and about the courtroom.
D.
Addressing and attending to disruptive prisoners, litigants and spectators
involved in court proceedings.
E.
Escorting, guarding and delivering jurors, witnesses and other participants
of court proceedings to and from the courtroom.
F.
Escorting, guarding and delivering the Judge and/or Clerk to and
from the courtroom, as may be required.
G.
Delivering materials to sequestered juries.
H.
Escorting Court Clerks with bank deposits to and from the court offices
and courthouse to the bank.
I.
Using established search procedures and equipment to assure that
no weapons, contraband or other prohibited items or materials are
brought into the courthouse or courtroom.
J.
Carrying, displaying and using a firearm, subject to any permit,
training and certification requirements and qualifications otherwise
imposed by law.
K.
Effecting arrests as required and authorized.
L.
Providing protection and maintaining order and decorum at Town Board
meetings or other meetings authorized by the Town Board.
No person holding the position of Town Constable shall carry
or otherwise possess a firearm on Town 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
of follow-up training and instruction, required for a peace officer
authorized to carry a firearm under the laws of the State of New York.
If any paragraph, section, sentence or portion of a sentence
of this chapter shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof, and
such other parts thereof shall remain in full force and effect unless
and until legally revoked, modified and/or amended.
[Amended 10-11-2016 by L.L. No. 6-2016]
It is the intent of this law that the Town, pursuant to its
Municipal Home Rule powers, hereby supersedes the requirements of
Town Law § 20, Subdivision 1, in allowing not more than
four civil officers to be appointed in a Town of the first class in
which a town police department has been established or which town
is a part of a county police district; Town Law § 23, Subdivision
1; Public Officers Law § 3, Subdivision 1; and any other
laws of the state of New York requiring a Constable as appointed herein
to be a resident of the Town.
This chapter shall take effect upon the filing thereof with
the Secretary of State of the State of New York.
