Town of Pine Plains, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of Pine Plains 10-30-1985 by L.L. No. 6-1985. Amendments noted where applicable.]
Defense and indemnification — See Ch. 16.
Ethics — See Ch. 22.
The Town of Pine Plains Police Department is hereby reestablished and continued, the same to be known as the "Town of Pine Plains Police Department."
[Added 5-15-1986 by L.L. No. 2-1986; amended 7-18-1986 by L.L. No. 5-1986]
In addition thereto, there shall be the position of temporary policemen, who shall serve from time to time as the need for their services is determined by the Police Chief. Such temporary policemen shall be deemed "peace officers" as that term is defined by Article 2 of the Criminal Procedure Law, subject to their satisfying the training obligations of said article. In addition thereto, they may issue appearance tickets for non-felony violations of the Penal Law or any unclassified misdemeanor.
No person shall be eligible for appointment to said office unless such person has been a resident of the Town or a neighboring town for a minimum period of six months and is a resident during any time of service. Such person shall enjoy the status of peace officer only during such time as he is engaged in the performance of his duties at the express instance of the Police Chief or the Assistant Police Chief.
Policies governing the manner of service shall be determined by the Board of Police Commissioners. Compensation and the provision of other benefits shall be separately determined by the Town Board.
Appointments to such position shall be made by the Town Board, and such appointment shall continue until resignation or termination by the Town Board.
The members of the Town of Pine Plains Police Department, to the extent permitted by law, shall have the full powers of policemen as provided under the general laws of the State of New York.
The Town Board shall have the power to appoint, discipline and discharge members of the Police Department. It shall annually approve the budget of the Pine Plains Police Department. It shall have ultimate responsibility for the administration of the Police Department and shall have all those other powers as provided by Article 10 of the Town Law of the State of New York. However, the Town Board, at its option, may appoint a Police Commissioner to whom it may delegate, at its option, the powers to supervise the day-to-day administration of the Police Department, to issue direction for the administration of the affairs of the Police Department, to act as a liaison between the Police Department and the Town Board and to otherwise exercise general administrative powers over the Police Department, except where those powers have been expressly reserved herein. Said Police Commissioner may undertake such activities in the absence of the Town Board, although the manner of the exercise of his administration of such powers shall be subject to review by the Town Board if it determines to exercise such right of review.
There shall be a Chief of Police, who shall be the chief of the operational activities of the Town Police Department. Said Chief shall be appointed annually on January 1 of each year or at the first meeting of the Police Commission thereafter, a majority vote only being necessary for said appointment. His term shall continue until reappointed or succeeded. He shall have an annual salary as provided by the Town Board. He shall be responsible for the planning and implementation of all law enforcement responsibility conferred upon the members of the department by law. He shall maintain the records of the operations of the Police Department, and shall report semi-annually to the Police Commissioner or, at his discretion, more frequently. He shall be the chief financial officer of the Police Department, and all expenditures made by said department shall have his written approval upon a voucher stating the nature of the expense to be undertaken. He shall prepare an annual budget to be submitted to the Town Board in the month of September and, upon approval of the budget, shall be responsible for the operation of the Police Department within the limits of that budget. If extraordinary or unanticipated circumstances require supplemental funds, he shall advise the Town Board of the same and shall appear before said Commission. Together with the Police Commissioner, he shall be the custodian of all property belonging to the Police Department and shall take all necessary steps to maintain and preserve the same. He, and all members of the Police Department, shall be subject to the direction of the Police Commissioner as provided in this chapter.
There shall be an Assistant Chief of Police, who shall be appointed annually in the same manner as the Police Chief and who shall be employed at an annual salary. The Assistant Police Chief shall be under the authority of the Police Chief, and in the absence of the Police Chief from the Town, or in the event of the inability of the Police Chief to perform the functions of his office, by reason of illness or otherwise, he shall have the authority of the Police Chief as heretofore defined.
There shall be the office of patrolman, who shall have the full power of a policeman. Said patrolmen shall be subject to the direction of the Chief of Police and Assistant Police Chief. Said patrolmen shall be appointed by the Town Board in accordance with the provisions of the Civil Service Law, Town Law, and other appropriate provisions of law as required. Said patrolmen shall be paid an annual salary as determined and approved by the Town Board.
Upon taking office, the Police Chief and Assistant Police Chief shall be given and sign an oath of that office, to be filed with and before the Town Clerk.
Members of the police force, except the Police Commissioner, shall act as police officers for the Town of Pine Plains whenever they are acting officially within the territorial limits of such municipality. They shall enforce all federal, state and local laws and will be responsible for the control of traffic within the municipality.
The Town will fund the Police Department on an annual budget basis beginning in January of each year. To effectuate this, the Police Chief and Commissioner must recommend and the Town Board approve the proposed police budget in time to be included in the next year's Town budget. The Town shall from time to time pay salaries and other fixed expenses. Other expenses shall be paid by the Town only after the voucher is approved by the Police Chief.
All equipment purchased by the Police Department will be the property of the Pine Plains Police Department and the Town of Pine Plains. Custody of vehicles and equipment shall be in the Police Chief and members of the force and they shall be responsible to maintain the same and keep an accurate inventory thereof. Such inventory shall be available upon request of the Commissioner or the Town Board.
This chapter shall be in effect until such time as the Town Board elects to pass a resolution eliminating the Town of Pine Plains Police Department.