[HISTORY: Adopted by the Board of Trustees
of the Village of Floral Park 7-10-1984 by L.L. No. 4-1984. Amendments noted where
applicable.]
A.
It is essential to good government in the Incorporated
Village of Floral Park, to the protection of its inhabitants and of
property within the Village, to the preservation of peace and good
order, the suppression of vice, the protection and preservation of
public works and of the general safety, health, comfort and welfare
of the inhabitants of the Village that adequate police protection
be maintained throughout the Village. The Village has long maintained
its own police force, deeming that such ends are thereby better served.
To do so in an efficient manner with a due and balanced regard for
public welfare and the cost of operation, it is essential that the
Village Police Department utilize the services of the Police Department
of the County of Nassau to support and supplement the services and
protection provided by the Village-operated Police Department; without
such support and supplementation, the Village Police Department would
not be able to provide totality of the service required for Village
purposes. The proper functioning of government requires that the Police
Department of the Village be operated in an efficient manner. Efficiency
of operation includes the cost of operations as well as the need to
update operations to keep pace with modern methods, to incorporate
modern concepts and procedures and to coordinate them in close cooperation
with the Police Department of the county. Because of the relatively
small size of the Village Police Department, it is not possible to
achieve the economies of scale enjoyed by a large department, and,
additionally, there is a loss of flexibility of assignment and utilization
of personnel. These and further factors, such as the significant and
rapid increase in operating costs stemming in large part from increases
in the wage levels of police personnel, have emphasized the urgency
of the need for the adoption of modern methods. The close balancing
of needs with costs has become increasingly apparent to the Board
of Trustees.
B.
To ensure the provision of police protection needed
to promote the general welfare of the Village, to achieve the economies
needed to justify the continuation of a Police Department operated
by the Village, to further the modernization of police methods and
concepts and to improve and continue the harmony of procedures and
methods of the Police Departments of the Village and the county, it
is necessary to establish the Office of Commissioner of Police, having
direct access to the Mayor and Board of Trustees, to assist in the
formulation of policy and to make recommendations as to the means
by which economies can be achieved and methods can be improved and
to ensure that any new policies formulated and new methods are immediately
carried out and employed.
In addition to the other Village officers specified
in the Village Law, the Village shall have a Commissioner of Police.
A.
The Commissioner of Police shall be appointed by the
Mayor of the Village, which appointment shall be approved by the Board
of Trustees and shall serve at the pleasure of the Board, all in a
manner consistent with the provisions of the Village Law. The Commissioner
of Police shall have at least the following qualifications and experience:
[Amended 10-24-2000 by L.L. No. 8-2000; 12-20-2016 by L.L. No. 5-2016]
(1)
A minimum
of 10 years of progressively responsible experience (promotions in
chain of command) in municipal law enforcement, which must include
at least five years in a command-level position;
(2)
A bachelor's
degree from an accredited institution; however, a master's degree
from an accredited institution in public administration, criminal
justice, law enforcement, public safety management or related field
shall be preferred; and
(3)
Such
other and further qualifications and experience as the Mayor and Board
of Trustees may specify via resolution.
B.
Notwithstanding the provisions of the Public Officers
Law, the Commissioner of Police may reside within the corporate limits
of the County of Nassau, State of New York, even though such residence
is outside the corporate limits of the Village.
A.
The term of office of the Commissioner of Police shall
be for two years; provided, however, that upon the expiration of such
term of office on the first Monday of April 1987, the following term
of office shall be for one year, to expire on the first Monday of
April 1988. Thereafter, the term of office shall be for two years,
to expire on the first Monday of April in each even-numbered year.
[Amended 5-21-1985 by L.L. No. 1-1985]
B.
The annual compensation of the Commissioner of Police
shall be fixed by the Mayor and Board of Trustees in the same manner
as the annual compensation of all other officers, appointed officials
and department heads is fixed.
A.
The Commissioner of Police is hereby authorized and
empowered:
(1)
Notwithstanding the provisions of Village Law §§ 8-800
and 8-804, to promulgate rules and regulations governing the operation
of the Police Department and to recommend such other rules and regulations
applicable to other departments as shall be necessary or desirable
for the public safety and welfare, subject, however, to the prior
approval of the Mayor and Board of Trustees of any such rules and
regulations.
(2)
Notwithstanding the provisions of Village Law § 8-804,
to exercise supervision, control and direction over the conduct of
the members of the Police Department of the Village and of all matters
relative to the operation of such Department, including the appointment,
promotion, change in status and removal of said members.
(3)
To prepare and submit, from time to time, fiscal reports
relative to the operation of the Police Department and to recommend
to the Mayor and the Board such changes in the methods, practices
and procedures involved in the operation of the Department and in
the procurement of equipment necessary or desirable to promote modernization
of the Department, all consistent with its efficient operation.
(4)
To promote cooperation between the Police Department
of the Village and that of the County of Nassau, looking to better
and greater utilization of county-provided services and methods so
as to eliminate unnecessary and duplicative services provided by the
Village and to bring into conformity, to the extent reasonably possible,
the practices of the Police Departments of the county and of the Village;
to remain abreast of modern-day developments in the area of law enforcement
in the United States; to recommend the introduction of changes of
methods, procedures and equipment; and to seek out federal and state
funds which may be used by the Village to improve police procedures
and operations within the Village.
B.
Effective upon the appointment of the Commissioner,
the Mayor shall delegate to the Commissioner such other powers of
the Mayor as set forth in the Village Law § 4-400, Subdivision
1b and e, and such other powers as may be deemed necessary or desirable
to enable the Commissioner to effectively discharge the duties above
set forth; provided, however, that any such delegation of powers shall
not in any way relieve or absolve the Mayor from the responsibility
to supervise the proper discharge by the Commissioner of the obligations
placed upon the Mayor by the Village Law.
Should any section or provision of this local
law be declared invalid, the same shall not affect the validity of
the law as a whole or of any part thereof other than the part so declared
to be invalid.
The position of Chief of Police of the Village
of Floral Park is hereby abolished.
This local law shall become effective on August
1, 1984.
