This chapter establishes the position of Town Constable for
the Town of Pendleton, a town of the second class that has no police
department.
New York State Criminal Procedure Law (CPL) § 2.10,
Subdivision (1), sets forth those persons who are peace officers,
specifically including a constable of a town, provided such designation
is not inconsistent with local law. The office of Town Constable is
expressly authorized by § 20(1)(b) of the Town Law.
A constable, whether or not acting pursuant to his special duties,
who lawfully exercises any of the powers conferred upon him or her,
pursuant to § 2.30 of the CPL shall be deemed to be acting
within the scope of his or her public employment for purposes of defense
and indemnification rights and benefits that he or she may be otherwise
entitled to under provisions of § 50-K of the General Municipal
Law, § 17 or § 18 of the Public Officers Law,
or any other applicable section of law.
Pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(1),
local governments have the authority to enact local laws regarding
qualifications of local officers. It is the purpose of this section
to modify the requirements of § 23 of the Town Law and § 3
of the Public Officers Law, which sections require that the Constable
be a resident and elector within the Town. This section shall supersede
Town Law § 23(1) in its application to the offices of Constable
for the Town of Pendleton. The person holding the office of Constable
in the Town of Pendleton need not be a resident nor an elector of
the Town of Pendleton, provided, however, that such person shall reside
in Niagara County or an adjoining county within the State of New York.
The Town Constable of the Town of Pendleton shall serve at the
pleasure of the Town Board of the Town of Pendleton and may be discharged
without cause. In addition, the Town Board of the Town of Pendleton
can impose any reasonable discipline to an appointed Town Constable
following the notification of the cause for such discipline and a
reasonable opportunity to be heard before the Town Board of the Town
of Pendleton.
Despite the provisions of New York Criminal Procedure Law § 2.20(h)
which provides peace officers the power to possess and take custody
of firearms, nothing contained within this chapter shall be deemed
to authorize such constables to carry, possess, repair or dispose
of a firearm unless the appropriate license therefor has been issued
pursuant to § 400.00 of the Penal Law.