[HISTORY: Adopted by the Board of Trustees of the Village of Muttontown 5-9-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
It is essential to good government in the Village, 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 maintains its own police force, deeming that such ends are thereby better served. 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.
The Village, having long been served by a Police Commissioner, and wishing to ensure the continued 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, deems it necessary and desirable to codify the Office of Police Commissioner, 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 Police Commissioner.
The Police Commissioner shall be appointed by the Mayor of the Village, subject to the approval of the Board of Trustees. Once appointed, however, the Police Commissioner shall not serve as an active member of the Police Department unless authorized by the Mayor and the Nassau County Civil Service Commission. If such appointee is a member of the Police Department at the time of appointment as Police Commissioner, he or she shall be considered as being on leave of absence without pay from the competitive class police rank which he or she held at the time of such appointment. In the event that his or her term of office as Police Commissioner is terminated for any reason, he or she shall automatically revert to the rank he or she held at the time of appointment as Police Commissioner, and he or she shall receive the pay and allowances of such rank computed as if he or she had been continuously employed in such rank.
Notwithstanding the provisions of the Public Officers Law or of the Village Law, the Police Commissioner may reside within the limits applicable, to all other members of the Police Department, even though such residence is outside the corporate limits of the Village.
The term of office of the Police Commissioner shall be for one official year, with the first term expiring on the first Monday of July 2019 and thereafter expiring on the first Monday in April of each even-numbered year.
The annual compensation of the Police Commissioner 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.
The Police Commissioner is hereby authorized and empowered:
Notwithstanding the provisions of Village Law §§ 8-800 and 8-804, to promulgate rules and regulations governing the operation of the Police Department, subject to the prior approval of the Mayor and Board of Trustees of any such rules and regulations.
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, including the Chief, and of all matters relative to the operation of such Department, including the appointment, promotion, change in status and removal of said members, subject to the approval of the Mayor.
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.
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.
To do all such other things necessary or desirable to promote the achievement of the ends and policies set forth above, as may be authorized by the Mayor.
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 1(b) 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 diminish the powers and duties of the Mayor including, but not limited to, the power and duty to supervise the proper discharge by the Commissioner of the obligations placed upon the Mayor by the Village Law.