[Added by L. 1942, Ch. 339; amended by L.L.
No. 2-1948; L.L. No. 3-1948; L.L. No. 1-1954; L.L. No. 2-1957, § 4]
The police force of the City of Middletown shall be supervised by a Board of Police Commissioners of five members to be constituted and hold office as hereinafter provided and to have the powers and duties as hereinafter provided. Such police force of the City of Middletown shall consist of such number of police officers as may be deemed necessary and proper by the said board of Police Commissioners, and in addition such special police officers and fire police as may be appointed by such Board of Police Commissioners in the manner hereinafter mentioned. The salaries and compensation of all such police officers shall be fixed by the Board of Estimate and Apportionment of the City, but no such salaries or compensation shall be effective until approved by the Common Council; provided, however, that the salaries and compensation to be received by members of the Police Department of the positions set forth in the schedule thereof in Title IV, Section 64, as amended by Section 1 of this local law, during the fiscal year beginning December 1, 1957, and during subsequent fiscal year, shall not be less than the respective amounts with increments as set forth in the schedule thereof in Title IV, Section 64, as amended by Section 1 of this local law; provided, however, that the fire police shall serve without compensation.
[Added by L. 1942, Ch. 339; amended by L.L.
No. 1-1998; L.L. No. 4-2003]
There shall be and hereby is established in the City of Middletown,
a Board of Police Commissioners to consist of five members and to
have the jurisdiction, powers and duties in this act specifically
provided for. The Mayor of the City, or his designee, shall be one
member of the Board of Police Commissioners and President of said
Board. The Mayor's designee and other four members of the Board shall
be appointed by the Mayor and confirmed by the Common Council as hereinafter
provided. Not more than two members of said Board, in addition to
the Mayor or his designee, shall be members of the same political
party.
Each member of the Board of Police Commissioners shall serve
a term of four years, such terms to commence on the first day of each
of four successive calendar years, so that such terms are staggered
and that one term will begin in each calendar year. The Mayor or his
designee shall also serve a four-year term, or until the termination
of the Mayor's term in office, whichever occurs first; said term to
commence on the confirmation of the Common Council. Unless the Mayor
himself is a member, all appointments of said police commissioners
shall be submitted to the Common Council for confirmation and upon
confirmation by a majority of the Council, and taking the Constitutional
oath of office, the person or persons appointed shall take and hold
office as member or members of the Board of Police Commissioners.
If an appointment made by the Mayor shall not be confirmed by the
Council, the Mayor at the next regular meeting of the Council thereafter
shall submit another name, and this course shall be taken until an
appointment shall be made and confirmed. In the event of the death
or resignation of a member, the vacancy occurring in the office shall
be filled by appointment by the Mayor, to be confirmed by the Common
Council aforesaid, said appointment to be for the unexpired term of
office of the member who has died or resigned.
The members of the Board of Police Commissioners shall serve
without compensation.
The Chief of Police of this City shall be the Secretary and
Treasurer of the Board. As such, he shall attend all meetings of the
Board and take and transcribe the minutes of the Board and keep a
permanent record of the same in his office. He shall also keep any
and all funds of the Board as a separate fund. On any hearing, however,
affecting the Chief of Police personally, the Board may appoint a
temporary secretary to take and transcribe its minutes.
[Added by L. 1942, Ch. 339; amended by L.L.
No. 1-1954; L.L. No. 2-1948; L.L. No. 1-1998]
The Board of Police Commissioners, composed of the Mayor or
his designee, and four other members to be appointed by the Mayor
and confirmed by the Common Council as hereinbefore provided, shall
have and exercise the following powers and duties:
1.
To
appoint all police officers of the city. The said board shall have
the power and it shall be its duty to appoint a person as police officer
to fill any vacancy in the police force caused by death, retirement,
resignation or lawful removal of a police officer now in office. Also
the said board shall have the power and it shall be its duty to appoint
such additional police officers for the city as it may deem necessary
and proper. The appointment of full-time police officers shall be
made pursuant to the provisions of the Civil Service Law of the State
of New York and of the rules of the Civil Service Commission of this
city, and all appointments of full-time police officers shall be made
from an eligible list furnished pursuant to such law and such rules.
The appointment of part-time police officers for limited duty and
specific purposes shall be based on qualifications and criteria to
be determined by the Board of Police Commissioners in conjunction
with rules of the Civil Service Commission, which may include hiring
as part-time police officers individuals who already have received
training through an accredited or certified police academy or who
have retired from full-time police officer positions and are immediately
available for such part-time service. Appointments of part-time police
officers, however, do not have to be made (and are not expected to
be made) from an eligible list furnished pursuant to the Civil Service
Law and rules of the Civil Service Commission.
[Amended by L.L. No. 2-2017]
2.
To
appoint a person who shall be the chief of police of said city, to
fill vacancies in office of lieutenant of police, and to appoint not
exceeding four sergeants of police. The said board, following its
organization after the taking effect of this act, shall appoint a
chief of police and not exceeding four sergeants of police. The lieutenants
of police now in office, and the chief of police, lieutenants of police
and sergeants of police appointed hereunder, and their successors,
shall hold office until death, retirement or until removal by the
board on charges. The appointment of the chief of police shall be
made following such examination and under such regulations as the
board may prescribe. Lieutenants of police and sergeants of police
shall be selected and appointed from persons already serving as police
officers of such city, and all appointments of lieutenants and sergeants
shall be made pursuant to the provisions of the civil service law
of the state of New York and of the rules of the civil service commission
of this city, and from an eligible list furnished pursuant to such
law and such rules.
3.
To
appoint special police officers when the mayor of said city shall
certify to said board in writing that the public interest requires
such officers. The appointment of special police officers shall be
for such period as the mayor shall certify to be necessary, not exceeding
two months under any one appointment. Special officers, when appointed,
shall forthwith take the constitutional oath of office and shall thereupon
become vested with all the powers and shall discharge all the duties
of peace officers and of members of the police force of this city.
4.
[Reserved]
[Repealed by L.L. No. 1-2023]
5.
To
provide by rule or regulation as to the qualifications of a person
to be a police officer of said city, or to be chief of police, a lieutenant
of police or a sergeant of police of said city; or to be a special
police officer; provided, however, that no person not theretofore
a police officer of the city shall receive an original appointment
as police officer unless he is over the age of twenty-one years and
under the age of thirty-five years; and no person shall be appointed
to membership in the police force or continue to hold membership therein,
who is not a citizen of the United States or who has been convicted
of a felony or who cannot understandingly read or write the English
language or who shall not have resided in this state during one year
next preceding his appointment; and no person shall continue to hold
his position as police officer or as a member of the police force
in any capacity after he has reached the age of sixty-five years.
[Amended by L.L. No. 1-2023]
6.
In
the event of a vacancy in the office of chief of police, lieutenant
of police or sergeant of police, or in the event of the temporary
absence or disability of the chief of police, lieutenant of police
or sergeant of police, the board or a majority of the members thereof
may designate any officer of the force to temporarily execute and
perform the duties of chief of police, lieutenant of police or sergeant
of police as the case may be.
7.
To
enact, modify and repeal orders, rules and regulations for the government
and discipline of the police department; to define the duties of all
police officers and of the chief of police, the lieutenants of police
and the sergeants of police; and to define the powers and duties of
special police officers.
[Amended by L.L. No. 1-2023]
8.
To
punish, in the manner hereinafter provided, any police officer of
the City, the Chief of Police, or any lieutenant or sergeant of police
for neglect of duty or violation of any of the rules or regulations
established by the Board of Police Commissioners or Chief of Police,
or for disobedience of orders, insubordination, misconduct, absence
without leave or any conduct deemed by the Board to be unbecoming
an officer, or upon conviction of the officer of any criminal offense.
Before the Board shall render any penalty affecting any officer, the
Board or a Hearing Officer designated by the Board, shall hold a hearing
in the matter and the officer shall have at least three days' notice
in writing of the charge against him or her and of the time and place
of such hearing. The officer shall have the right to be present at
such hearing and be heard in person and by counsel and give and furnish
evidence in his or her defense. The hearing may be public, or may
be held privately at the discretion of the Board. The Board may appoint
a Hearing Officer from its own membership or may select any qualified
individual. If a Hearing Officer conducts the hearing, the Hearing
Officer shall make, after the close of the hearing, a written finding
of fact and a recommendation to the Board as to guilt and penalty.
The final decision as to guilt and penalty shall rest in the discretion
of the Board. If the accused officer shall be found guilty by the
Board of the charge made against him or her, the Board may order his/her
suspension from duty and from pay for a period not exceeding sixty
days, may reduce his/her grade, may impose a fine upon him/her not
exceeding one hundred dollars or may remove and dismiss him/her from
office altogether, or subject him/her to any other discipline prescribed
by rules and regulations established by the Board not inconsistent
with the laws of the State. The decision of the Board of Police Commissioners
shall be final.
[Amended by L.L. No. 4-2015]
9.
The
Board or appointed Hearing Officer shall have power to issue subpoenas
attested in the name of the Board, to compel the attendance of witnesses
upon any proceedings authorized by its rules and regulations and in
all matters pertaining to the police force. Each member of the Board
and the Chief of Police and any Hearing Officer appointed by the Board
is hereby authorized and empowered to administer affirmations and
oaths to any person summoned and appearing in any matter or proceeding
authorized as aforesaid and in all matters pertaining to the department,
or the duties of any officer, or to take any depositions necessary
to be made under the orders, rules and regulations of the Board. Any
willful false swearing by any witness to any material fact in any
proceeding before the Board or any Hearing Officer appointed by the
Board shall be deemed perjury, and punished in the same manner now
prescribed by law for such offense.
[Amended by L.L. No. 4-2015]
10.
To perform such other powers and duties incident to the police department
of the city of Middletown and the members of the police force of such
city, and incident to the police government of such city, as the common
council may lawfully prescribe.
11.
To have supervision over the city jail and the equipment thereof,
and to provide rules and regulations concerning its use and care.
12.
To regulate its organization as a board and to establish the times
and places for the holding of meetings, and in general to prescribe,
amend, modify and repeal rules and regulations concerning such organization,
the conduct of its meeting, and the carrying out of the duties and
powers vested in it.
13.
A majority of the board of police commissioners shall constitute
a quorum for the transaction of business, provided, however, that
no person shall be appointed to be police officer, or to be chief
of police, lieutenant of police or sergeant of police, except upon
the written appointment of a majority of such board, nor shall any
officer be punished except upon affirmative vote of a majority of
the board.
[Added by L. 1942, Ch. 339]
The chief of police of this city shall be the executive head
of the police force of this city and it shall be his duty to enforce
all ordinances and regulations enacted by the common council, except
as otherwise provided in this chapter. It shall also be his duty to
enforce all rules and regulations established by the board of police
commissioners. He shall obey and enforce all lawful orders of the
board of health of this city. He shall perform such further duties
and have such powers as may be prescribed by the board of police commissioners.
[Added by L. 1942, Ch. 339]
Police officers of the city, including the chief of police,
lieutenants of police and sergeants of police shall possess all the
powers and perform all the duties of peace officers and constables
in criminal matters under the general laws of the state and shall
perform all acts in relation to criminal offenses which peace officers
or constables are authorized to perform. They shall have power and
it shall be their duty to arrest any person by them found violating
any of the penal laws of the state or penal ordinances of the city,
and to take such person before the proper magistrate to be dealt with
in the same manner as if such person had been arrested upon a warrant
theretofore duly issued by a magistrate. Any warrant of arrest or
search warrant lawfully issued by any magistrate of the state may
be executed by them in any part of the state according to the tenor
and authority thereof.
All criminal processes for any offense committed within the
city, and all processes to recover or to enforce any penalty for the
violation of any city ordinance issued out of the city court of said
city or by the judge of such court; and every process, subpoena or
bench warrant issued by the district attorney of Orange county relating
to any offense within the city, and every process, subpoena or warrant
issued by any coroner of Orange county in any inquest held in the
city, relative to the death of any person in the city, may be served
by a police officer.
It shall be the duty of police officers to keep the public peace,
to obey all lawful process of any magistrate or court and to obey
all lawful directions of the mayor duly issued and given for the preservation
of public peace and order. It shall be their duty to attend at the
city court of the city of Middletown during the hearing or trial of
criminal matters under rules and regulations to be established by
the board of police commissioners.
The chief of police, lieutenants of police, sergeants of police
and police officers of this city shall have such further powers and
duties as may be prescribed by rule or regulation of the board of
police commissioners not inconsistent with any provision of this chapter
or the general laws of the state.
[Added by L. 1942, Ch. 339; [1] amended by L.L. No. 2-2007]
A record of all proceedings of the board of police commissioners
shall be kept on file in the office of the chief of police. An appointment
by the board of a police officer or officers, or of the chief of police,
lieutenants of police, or sergeants of police, shall be in writing
and signed by the members of the board or a majority thereof, and
filed in the office of the chief of police and a duplicate thereof
in the office of the City Clerk. An appointment shall be effective
when so signed and filed, and it shall be the duty of the said Clerk
to forthwith report in writing such appointment to the common council
of the city. All rules and regulations established by the board shall
be in writing and shall be signed by the members of the board or a
majority thereof. Such rules and regulations when so signed shall
be filed in duplicate, one duplicate to be filed in the office of
the chief of police and one duplicate to be filed with the City Clerk.
When so signed and filed they shall become effective forthwith. The
board, in its discretion, may have all rules and regulations printed
and furnish copies thereof to all police officers; or the board may
cause a copy of the rules and regulations to be posted in police headquarters.
Any charge incurred by the board for the printing of rules and regulations
shall be a valid claim against the general funds of the city to be
audited and paid as such.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981,
which local law was deemed ineffective by L.L. No. 4-1983. Section
I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of
1981 is ineffective because it was never put to a mandatory public
referendum. Therefore, any laws it attempted to replace remain intact
and have never been changed."
[Amended by L. 1922, Ch. 613]
In case of riot or insurrection, the mayor may take command
of the whole police force, including the chief executive officer thereof,
and he may for the occasion appoint and commission as many special
policemen as he may deem necessary who shall have all the powers of
regular members of the police force; and in case of riot or other
extraordinary emergency he may order out the firemen and state military
organization having its headquarters in the city to preserve the peace
and protect life and property.
[Amended by L. 1922, Ch. 613]
No member of the police department is liable to military or
jury duty, nor shall be hold any other office or be employed in any
other department of the city government, except as deputy to the city
clerk in the issuance of licenses.
[Repealed by L. 1922, Ch. 613]
[Amended by L. 1922, Ch. 613]
No member of the police force shall be a member of or delegate
to any political convention, nor shall be be present at any such convention
except in the performance of duty relating to his position as such
officer. Any violation of these provisions shall work a forfeiture
of his office or position, and it shall be the duty of the mayor to
dismiss him from his position and record the cause of such dismissal.
It shall be unlawful for any member of the police force to solicit
any person to vote at any political caucus, primary or election for
any candidate, or to challenge any vote, or in any manner to attempt
to influence any voter at any political caucus, primary or at any
election or to be a member of any political committee; and any person
violating the provisions of this section shall forfeit his position
on the police force.
[Repealed by L. 1922, Ch. 613]
[Superseded by L. 1926, Ch. 559[1]]
[1]
Editor's Note: Sections 142, 143, 145 and 147, concerning the office of City Recorder, powers and duties, were superseded, although not specifically repealed, by L. 1926, Ch. 559, known as the "Middletown City Court Act." The office of Recorder was abolished by the City Court Act on January 1, 1928, and "all powers and duties given to or imposed upon such recorder by any provisions of law shall devolve upon and be exercised by the City Judge."
[Superseded by L. 1926, Ch. 559]
[Repealed by L.L. No. 1-2009]
[Repealed by L. 1926, Ch. 559]
[Repealed by L.L. No. 1-2009]
[Repealed by L. 1922, Ch. 613]
[Repealed by L.L. No. 1-2009]
[Repealed by L. 1922, Ch. 613]
