[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.
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.