[HISTORY: Adopted by the Town Board of the Town of Cicero 7-27-2016 by L.L. No. 8-2016. 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 Cicero as
allowed by law.
The Town of Cicero 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.
All persons appointed as Town Constable shall be at least 21
years or older, shall have a high school diploma and a valid New York
State driver's license, shall be authorized pursuant to the laws of
the State of New York to possess and carry a handgun, and shall be
certified as a police officer as defined in Subdivision 34 of § 1.20
of the New York Criminal Procedure Law, or a peace officer as defined
by § 2.10 of the New York Criminal Procedure Law.
Town Constables shall serve at the pleasure of the Town Board.
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 if required;
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 pursuant to the rules
and regulations of the Town of Cicero Police Department.
All persons appointed as Town Constable shall undergo annual
firearm and use of force training. In the case of Town Constables
otherwise employed as police or peace officers, the training required
as part of their other employment shall satisfy this section. In the
case of a retired police officer or other police or peace officer
who is not otherwise employed with another agency, such individuals
shall attend annual firearm and use of force training with the Town
of Cicero Police.
A.
The Town Board shall, by separate resolution, designate the equipment
that shall be carried and/or worn by Town Constables while on duty,
and shall establish which of such equipment shall be supplied by the
Town and which shall be supplied by Town Constables at their personal
expense.
B.
The Town Board may, by separate resolution, establish standards and
requirements for that equipment which shall be supplied by Town Constables
at their personal expense.
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 10-11-2023 by L.L. No. 11-2023]
It is the intent of the Town of Cicero to use its supersession
power pursuant to Municipal Home Rule Law § 10, Subdivision
1(ii)d(3), to supersede the provisions of Town Law § 20,
Subdivision 1(a), which limit first-class towns to civil officers
that have constable powers in civil actions and proceedings only.
This chapter shall take effect upon the filing thereof with
the Secretary of State of the State of New York.
