[Adopted 2-14-2025 by L.L. No. 1-2025[1]]
[1]
Editor's Note: This local law also repealed former Art. III, Police Commission, adopted 6-15-2022 by L.L. No. 8-2022.
The purpose legislation is to improve the Town Police Department's ability to provide for the safety of persons who live, work and visit the Town of Fishkill by the appointment of a Police Commissioner to provide civilian oversight over the Police Department. The Police Commissioner will act as the Chief Administrative Officer of the Police Department, and will have primary responsibility for the planning, management and administration of the operations and activities of the Police Department. Direct supervision over Police Department employees shall continue to be exercised through the Police Department's chain of command, starting with the Chief of Police, who shall report to the Police Commissioner who, in turn, shall report to the Town Board.
The position of Police Commissioner is hereby created. The Police Commissioner shall be a resident of the Town of Fishkill and shall not be an active law enforcement officer in any jurisdiction. The Police Commissioner shall serve at the pleasure of the Town Board.
A. 
The Police Commissioner shall be the Chief Administrative Officer of the Police Department. The Police Commissioner shall be responsible for the planning, management, and administration of the Police Department, including supervision of the Police Department's internal operations and external contacts with other agencies and jurisdictions. The Police Commissioner shall have such powers and shall execute such duties as would otherwise be exercised by a Board of Police Commissioners as specified in Town Law 150(2), as may be amended from time to time. Without limitation, the Police Commissioner shall:
(1) 
Develop, implement and enforce policies and procedures for the administration of all Police Department operations;
(2) 
Plan, organize, direct, coordinate and supervise all activities of the Police Department;
(3) 
Coordinate financial planning for the Police Department, including preparation of budgets, maintenance of fiscal control, and submission of required reports to the Supervisor, the Town Board and the Comptroller;
(4) 
Coordinate departmental budgetary planning and procedures;
(5) 
Recommend staffing and changes in the employment, promotion, removal and status of any member of the Police Department (civilian and non-civilian), subject to the provisions of the Civil Service Law;
(6) 
Prepare or direct the preparation of all federal, state and local reports;
(7) 
Supervise police enforcement of all laws and ordinances applicable to the Town of Fishkill.
(8) 
Provide a monthly report to the Town Board consisting of the following:
(a) 
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.
(b) 
A report on written personnel complaints received from the public.
(c) 
A report on any automobile accidents in which the Town's police officers were involved.
(d) 
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.
(e) 
A report on any incidents involving the Town Police Department in which a member of the Police Department or a civilian was injured.
(f) 
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.
A. 
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.
B. 
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.
C. 
The Chief of Police shall, on at least a monthly basis, inform the Police Commissioner of all complaints and charges made or proffered against any member or members of the Town of Fishkill Police Department.
A. 
When the Police Chief forwards a resignation of a member of the Police Department to the Town Board, such resignation shall be accompanied by a written statement from the Police Chief providing the following information:
(1) 
Whether any disciplinary investigation had been commenced in regard to the officer at the time of the resignation; and
(2) 
Whether the officer was in good standing at the time of the resignation.
B. 
The Town Board shall not act on any resignation unless it is accompanied by the said written statement from the Police Chief in which the above-listed information is provided.
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.