[HISTORY: Adopted by the Town Board of the Town of Alden as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-18-2019 by L.L. No. 1-2019]
It is the purpose and intent of this article to create the office of Town Constable, which shall be a part-time position and as authorized by the New York State Criminal Procedure Law and the New York State Town Law. It is the purpose of this article to promote the public health, safety, and welfare in the Town of Alden, by establishing the position of Town of Alden, Town Constable.
The Town of Alden hereby establishes the part-time position of Town Constable, who shall be authorized to act in the full capacity established and set forth in New York State Criminal Procedure Law § 2.10 and shall have the responsibilities generally associated with such position in and about the Town of Alden as hereinafter set forth. Town Constables shall be appointed by the Town Board and shall work under the direct supervision of the Town Board. Town Constables shall perform such duties as directed by the Supervisor, Town Board and/or Town Justices for the Justice Court of the Town of Alden pursuant to the laws of the State of New York. 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.
Persons holding the position of Town Constable shall have the status of and shall be granted and exercise the powers of a peace officer under New York State Criminal Procedure Law (CPL). CPL § 2.10(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.
A Town Constable shall serve at the pleasure of the Town Board and may be removed from the position by the Town Board for any or no reason whatsoever.
Minimum qualifications for the position of a Town Constable shall be an age of 21 years or more, to have a high school diploma, a valid New York State driver's license, and a pistol permit issued by the appropriate governmental agency, and to be a resident of the County of Erie or any adjoining county within the State of New York.
Town Constables shall have, in addition to the powers granted herein, those special duties, powers and responsibilities consistent and generally associated with a peace officer in the State of New York, including the following court duties, 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 Court 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;
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; and
L. 
Providing protection and maintaining order and decorum at Town Board meetings or other meetings or events authorized by the Town Board.
A. 
As peace officers, Town Constables must be trained in accordance with CPL §2.30 and any other requirements set forth by the Alden Town Board; by the New York State Division of Criminal Justice Services (DCJS); and/or the Municipal Police Training Council (MPTC).
B. 
No person holding the position of Town Constable shall carry or otherwise possess a firearm on Town property other than in conformity with state and federal law, and after having successfully completed such initial training and instruction, and any required in-service of follow-up training and instruction, required for a peace officer authorized to carry a firearm under the laws of the State of New York.
If any paragraph, section, sentence or portion of a sentence of this article 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 portions thereof shall remain in full force and effect unless and until legally revoked, modified and/or amended
It is the intent of this article that the Town of Alden, pursuant to its Municipal Home Rule powers, hereby supersedes the requirements of New York State Town Law § 20(1), in allowing not more than four civil officers to be appointed in a Town of the first class in which a town police department has been established or which town is a part of a county police district; New York State Town Law § 23(1); New York State Public Officers Law § 3(1); and any other law of the State of New York requiring a Constable as appointed herein to be a resident of the Town of Alden.