The purpose of this article is to increase the transparency
and accountability of the Town of Fishkill Police Department through
the creation of a Police Commission consisting of the five Town Board
members to provide civilian oversight over the Police Department.
The Police Commission is intended to provide direct supervision over
the Police Department, including the Chief of Police, who will report
to the Police Commission any serious incidents or complaints.
The Town of Fishkill Police Commission shall consist of all
five Town of Fishkill Town Board members.
The members of the Town of Fishkill Police Commission are not
part of the Town's Police Department, and shall not be issued
badges, identification cards, or uniforms of any kind.
The Town Police Commission shall operate under the following
policy and procedure:
A. As is provided in Article
II of Town Code Chapter
29, initial investigation of all complaints and charges made or proffered against any member or members of the Town of Fishkill Police Department shall be made by the Chief of Police or his designee.
B. Any officer, employee, department, or board of the Town of Fishkill
which receives a complaint or charge against a member of the Town
of Fishkill Police Department, whether oral or written, shall forward
such complaint or charge to the Chief of Police for initial investigation
as soon as reasonably possible.
C. The Town of Fishkill Chief of Police shall provide a weekly report
to the Police Commission consisting of the following:
(1) A general statement of the Town's weekly police activity, including
such matters as the number of arrests, and any perceived needs or
problems being experienced by the Town's Police Department.
(2) A report on written personnel complaints received from the public.
(3) A report on any automobile accidents in which the Town's police
officers were involved.
(4) A report on any incidents in which a member of the Police Department
discharged their firearm other than for training purposes or dispatching
injured animals.
(5) A report on any incidents involving the Town Police Department in
which a member of the Police Department or a civilian was injured.
(6) Any allegations, whether oral or written, received by the Police
Department of use of excessive force, discrimination, or solicitation
of a bribe, on the part of any member of the Town Police Department.
D. As is provided in Article
II of Town Code Chapter
29, the Chief of Police may, in his discretion, offer an informal resolution of disciplinary matters to police personnel subject to approval by the Police Commission. The Chief of Police shall consult with the Police Commission in regard to the complaints, charges, and incidents disclosed in the weekly reports. In regard to such matters, the Police Commission shall determine whether the informal disciplinary action, if any, proposed by the Police Chief in regard to complaints, charges, and incidents is sufficient or whether further disciplinary action is necessary or appropriate.
E. Notwithstanding any provision in the Town Code to the contrary, in
the event that the Police Commission determines, by a majority vote,
that a further investigation of a complaint, charge, or incident is
necessary, it may retain the Town's Labor Attorney or such other
qualified individuals as it deems appropriate to conduct such investigation.
A duplicate copy of the personnel file maintained by the Police
Department on all personnel shall be maintained in the Town's
Human Resources Department. The Chief of Police shall be responsible
for ensuring that duplicate copies of all documents entered in such
personnel files are provided to the Town's Human Resources Department.
The Town's Human Resources Personnel Director shall have access
to the personnel files maintained in the Police Department for purposes
of verifying that copies of the documents therein are the same as
those in the file maintained in the Town's Human Resources Department.