[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.]
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
The Police Commissioner 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, subject 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, 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.
(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.
(5)
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.
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 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.
