It is the purpose and intent of this chapter to create the office
of Town Constable, which shall be a part-time position and as authorized
by the Criminal Procedure Law and Town Law of the State of New York,
to perform specified duties on behalf of the Town of DeWitt as allowed
by law. A Town Constable shall possess the full powers of a peace
officer in New York State as enumerated in Chapter 11-A, Part 1, Title
A, Article 2, § 2.20 of the New York State Criminal Procedure
Law.
The Town of DeWitt hereby establishes the part-time office of
Town Constable, who shall be authorized to act in the capacity of
uniformed peace officer assigned to patrol in schools located within
the Town of DeWitt and shall have responsibilities generally associated
with such a position. Town Constables shall be appointed by the Town
Board but shall work under the direct supervision of the Town of DeWitt
Chief of Police. 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.
All persons appointed as Town Constable shall be at least 21
years of age or older, shall have a high school diploma and a valid
New York State driver's license, shall be authorized pursuant
to the laws of the State of New York to possess and carry a handgun,
and shall be certified as a police officer as defined in Subdivision
34 of § 1.20 of the New York Criminal Procedure Law, or
a peace officer as defined by § 2.10 of the New York Criminal
Procedure Law.
Town Constables shall serve at the pleasure of the Town Board
of the Town of DeWitt.
Town Constables shall have, in addition to the powers granted
hereinabove, those special duties, powers and responsibilities consistent
and generally associated with a uniformed peace officer assigned to
patrol a school, including but not necessarily limited to:
A. Providing a police presence in schools in order to promote and provide
an atmosphere of enhanced school safety for faculty, staff, students
and school visitors;
B. Providing a law enforcement resource to students, teachers, school
administrators and parents, so as to increase student awareness about
crime prevention, internet safety, conflict resolution, violence prevention,
restorative justice and peer mediation;
C. Increasing school faculty and staff awareness about policies and
procedures for preventing/responding to incidents of violence and
other threats to school safety;
D. Facilitating crime prevention, law enforcement and security consultation;
E. Building lines of communication and promoting positive attitudes
between students and the Police Department;
F. Providing a counseling resource to students who may be experiencing
a variety of school, family, or social problems;
G. Proactively addressing problems and pressures as they relate to students
before such problems manifest into socially and legally unacceptable
behavior (including, but not limited to, the use of alcohol, drugs,
and or/tobacco, as well as issues involving peer pressure, gang activity,
sexual activity, etc.);
H. Providing a positive role model for students;
I. Providing education in law enforcement, as requested and appropriate;
and
J. Other security and/or patrol duties as assigned by the Chief of Police.
All persons appointed as Town Constable shall undergo annual
firearm and use of force training. In the case of Town Constables
otherwise employed as police or peace officers, the training required
as part of their other employment shall satisfy this section. In the
case of a retired police officer or other police or peace officer
who is not otherwise employed with another agency, such individuals
shall attend annual firearm and use of force training with the Town
of DeWitt Police Department.
If any paragraph, section, sentence or portion of a sentence
of this chapter 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.
It is the intent of this chapter that the Town of DeWitt, pursuant
to its statutory authority codified in Municipal Home Rule Law § 10
Subdivision 1(ii)d(3), hereby supersedes Chapter 62, Article 3, § 20
Subdivision 1(a), of the New York State Town Law and any other law
of the State of New York restricting the powers and duties of a Town
Constable in a town of the first class that has established a police
department to all the powers and duties of constables in civil actions
and proceedings only.
This chapter shall take effect immediately upon its filing in
the office of the Secretary of State in accordance with § 27
of the New York State Municipal Home Rule Law.