[Adopted 7-15-2019 by L.L. No. 3-2019]
This article shall be known and may be cited as the "Department
of Town Constable of the Town of Wheatfield, New York."
The purpose of this article is to establish the Town of Wheatfield
as a constabulary and to create the Department of Town Constable as
authorized by § 2.10 of the Criminal Procedure Law of the
State of New York and § 20, Subdivision 1, of the Town Law
of the State of New York, to perform such duties at the direction
of the Town Supervisor, Town Board and/or Town Justices for the Justice
Court of the Town of Wheatfield as allowed by the laws of the State
of New York.
Notwithstanding the provisions of any general, special or local
law or charter to the contrary, only the following persons shall have
the power of and shall be peace officers of the Town of Wheatfield:
A. The Town Constable shall be a peace officer, provided such designation
is not inconsistent with local law and the Constable title shall be
an appointed position.
B. Upon appointment of a Constable, the Town must provide name, date
of birth, rank or title, official station and whether he or she is
employed full-time or part-time to the New York State Division of
Criminal Justice Services, Albany, New York, pursuant to Executive
Law § 845, on an annual basis.
The minimum qualification for the position of a Town Constable/peace
officer shall be a high school diploma and a minimum of a year of
full- or part-time police or peace officer experience or a retired
police or peace officer of not more than five years. He/she shall
have a valid New York State driver's license.
Town Constables/peace officers must be trained in accordance
with § 2.30 of the Criminal Procedure Law 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 parts thereof shall remain in full force and effect unless
and until legally revoked, modified and/or amended.
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 Criminal Procedure Law 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.