The authority for this chapter is derived from Article 10, § 150 of the Town Law of the State of New York. The need is based upon the ever-increasing population of the Town of Woodstock and the inherent law enforcement problems faced by the Town in the absence of a full-time Police Department.
[HISTORY: Adopted by the Town Board of the Town of Woodstock 9-15-1987 by L.L. No. 5-1987. Amendments noted where applicable.]
Pursuant to Article 10, § 150 of the Town Law of the State of New York, the Town hereby establishes a Police Department. This Police Department shall henceforth be known as the "Town of Woodstock Police Department."
An individual shall have the following qualifications to be appointed Chief of Police of the Woodstock Police Department. He/she shall:
[Amended 11-18-2008 by L.L. No. 2-2008; 9-20-2022 by L.L. No. 3-2022]
The Chief of Police shall:
A.
Be chief of operational activities of the Town Police Department.
B.
Be a resident of the Town of Woodstock.
C.
Receive such compensation as provided by the Town Board.
D.
Be responsible for the planning and implementation of all law enforcement responsibility conferred upon the members of the Police Department.
E.
Maintain the records of the operations of the Police Department and shall report at least semiannually to the Town Board.
F.
Be the chief financial officer of the Police Department; all expenditures made by said Department shall have his/her written approval upon a voucher stating the nature of the expense to be undertaken.
G.
Prepare an annual budget to be submitted to the Town Board in the month of September of each year and, upon approval of the budget, shall be responsible for the operation of the Police Department within the limits of that budget.
H.
If extraordinary or unanticipated circumstances require supplemental funds, advise the Town Board of the same and shall appear before said Board.
I.
Be the custodian of all property belonging to the Police Department and shall take all necessary steps to maintain and preserve the same.
A.
There shall be the office of patrolman, which patrolman shall have the full power of a policeman. Said patrolman shall be subject to the direction of the Chief of Police. Said patrolman shall be appointed by the Town Board in accordance with this chapter, Town Law and other appropriate provisions of the law as required. Said patrolman shall be paid on an hourly basis as approved by the Town Board.
B.
No individual shall be appointed to the Police Department nor continue as a member thereof who shall not be a citizen of the United States, who has been convicted of a felony, who shall be unable to read and write understandably the English language or who is less than 21 years of age.
Upon taking office, the Chief of Police and all patrolmen shall be given and shall sign the oath of office, to be filed with the Town Clerk.
Members of the Police Department shall act as police officers of the Town of Woodstock. They shall enforce all federal, state and local laws and shall be responsible for the control of traffic within the municipality.
The Town will fund the Police Department on an annual budget basis beginning in January of each year. To effectuate this, the Chief of Police must recommend, and the Town Board must approve, the proposed police budget in time to be included in the next year's Town budget. The Town shall, from time to time, pay salaries and other fixed expenses. Other expenses shall be paid by the Town only after the voucher is approved by the Chief of Police.
All equipment purchased by the Police Department will be the property of the Woodstock Police Department and the Town of Woodstock. The Chief of Police and members of the force shall have custody of vehicles and equipment and shall be responsible for maintaining the same and keeping an accurate inventory thereof. Such inventory shall be available upon request of the Town Board.
A.
The Town Board, at any time by resolution, may establish a Police Commission for the Town and may appoint one Police Commissioner who shall at the time of his/her appointment and throughout his/her term of office be an owner of record of real property in and an elector of the Town and who shall serve without compensation and at the pleasure of the Town Board. In addition, the Town Board shall designate one member of the Town Board, and another person who is not a member of the Town Board, to serve as members of such Police Commission.[1]
B.
The Town Board may, by resolution, at any time, abolish such Police Commission, and thereupon the Town Board only shall exercise the power conferred upon it.
The position of Constable of the Town of Woodstock is hereby abolished. The Town Board shall employ temporary police officers to be known as "special policemen" in accordance with Article 10, § 158 of the Town Law of the State of New York when in the public interest such are determined to be necessary or desirable.
[Added 9-20-2022 by L.L. No. 3-2022[1]]
A.
Legislative intent. Pursuant to §§ 154 and 155 of the New York State Town Law, the Town Board of the Town of Woodstock is empowered to adopt and make rules and regulations for the examination, hearing, investigation and determination of the charges made or preferred against any member or members of the Town of Woodstock Police Department. The New York Court of Appeals has determined that Town Boards may not relinquish or "bargain away" to members, or their collective bargaining representatives, the statutorily delegated power of municipal boards to impose disciplinary measures on members of the local police department. This section is enacted in order to comply with and conform to the provisions of §§ 154 and 155 of the Town Law, the public policy of the State of New York, and Court of Appeals case law, and provides that the Town Board, not the Town Supervisor or any other third party, shall make all final determinations concerning the investigation of complaints and imposition of disciplinary penalties with respect to members of the Town of Woodstock Police Department.
B.
Investigatory procedure. The investigation of complaints concerning allegations of misconduct against any member of the Town of Woodstock Police Department shall continue to be investigated pursuant to the procedures currently in effect.
C.
Substantiated complaints. The Chief of Police, or the Chief's designee shall, upon a determination that a complaint against a member of the Town of Woodstock Police Department is substantiated, prepare and serve a notice of discipline upon the member of the Town of Woodstock Police Department.
D.
Disciplinary interview. Within 14 days of the service of a notice of discipline upon a member of the Town of Woodstock Police Department, the Chief of Police or the Chief's designee shall conduct a meeting with the member to discuss the charges alleged in the notice, as well as to discuss a proposed resolution of the charges. If, after the disciplinary interview, the Chief determines that the imposition of a disciplinary penalty is required, the Chief shall issue and serve a written Chief's decision upon the member informing them of the Chief's determination. The Chief shall provide a copy of the Chief's decision to the Town Board. Upon the issuance of the Chief's decision, the Chief shall refer the notice of discipline to the Town Board for a determination of the charges.
E.
Hearing; determination of substantiated complaints. Within 14 days of the member receiving the Chief's decision that imposition of a disciplinary penalty is required, the member may request a hearing on the charges by having a written demand for a hearing served upon the Town Supervisor. Within 45 days of the Town Supervisor's receipt of a member's written demand for a hearing, the Town Board shall do one of the following:
(1)
Designate a Town Board member to sit as a trier of fact to determine the charges filed against the member of the Town of Woodstock Police Department; or
(2)
Select a hearing officer to sit as a trier of fact to determine the charges filed against the member of the Town of Woodstock Police Department.
F.
Recommended decision and final determination. The hearing officer or Town Board member selected to hear and determine the charges shall conduct a hearing and shall issue a decision containing recommended findings of fact and a recommended disciplinary penalty, if applicable, to the Town Board. Said decision shall be reviewed by the Town Board, and, after its review, the Town Board may accept or reject, in whole or in part, the recommended findings of fact and/or the recommended disciplinary penalty, if applicable. The Town Board shall make a final determination of the charges alleged in the notice of discipline and, where applicable, shall impose any penalty consistent with the provisions of the New York State Town Law, or any other penalty agreed to between the Town Board and the respondent member.
G.
Appeal. In accordance with Town Law § 155, the determination of the Town Board shall be subject to review by the Supreme Court in the judicial district in which the Town is located in the manner provided for by Article 78 of the Civil Practice Law and Rules, provided that the proceeding is commenced within 30 days from the date of the Town Board's determination.
H.
Due process; representation. Any member that is served with a notice of discipline may have a representative or legal counsel represent him or her in connection with any proceedings provided for by this section. The hearing of the charges alleged in the notice of discipline shall be conducted in accordance with the provisions of Town Law § 155, and such hearing shall be transcribed by a stenographer. A copy of the transcript of the proceedings shall be provided to the member free of charge.
I.
Implementation. The Chief of Police is hereby directed to take all necessary steps to implement the provisions of this section, and to provide notice of the same to the members of the Town of Woodstock Police Department.
This chapter shall be effective on September 16, 1987, or upon filing pursuant to the Municipal Home Rule Law, whichever is later. The Town Clerk shall notify the Commissioner of the Division of Criminal Justice Services of establishment of the Town of Woodstock Police Department within 30 days of the effective date of this chapter.