[HISTORY: Adopted by the Town Board of the Town of DeWitt 11-13-2023 by L.L. No. 10-2023. Amendments noted where applicable.]
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.