The purpose of this chapter is to create the position of Town Constable, for the purpose of providing for the protection, safety, health, and well-being of persons and property within the Town of Geddes, as directed by the Town Board, and in accordance with local law and with the Town's obligations under the Collective Bargaining Agreement with the Town of Geddes Police Department. Town Constables shall possess the full powers of a peace officer in New York State as set forth in Criminal Procedure Law § 2.10(1).
The Town of Geddes hereby establishes the office of Town Constable. Geddes Town Constables shall be authorized to act in the capacity of uniformed peace officers assigned to patrol in schools located within the Town of Geddes and shall have the duties and responsibilities generally associated therewith. Constables shall be appointed by the Town Board but shall work under the direct supervision of the Town of Geddes Chief of Police. Town Constables shall in all respects be treated as the functional equivalent of the Special Patrol Officers hired by the Town of Geddes pursuant to General Municipal Law § 209-v.
All persons appointed as Town Constable shall be at least 21 years of age, shall have a high school diploma or equivalent, shall have a valid New York State driver's license, shall be authorized by 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 Criminal Procedure Law § 1.20(34) or a peace officer as defined in Criminal Procedure Law § 2.10.
Town Constables shall serve at the pleasure of the Town Board of Geddes.
Town Constables shall have, in addition to the powers granted herein and by state law, those special duties, powers and responsibilities consistent and generally associated with a uniformed peace or police officer assigned to patrol a school, including but not necessarily limited to:
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;
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, and peer mediation;
Increasing school faculty and staff awareness about policies and procedures for preventing/responding to incidents of violence and other threats to school safety;
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.);
Other security and/or patrol duties as assigned by the Chief of Police.
All Town Constables 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 for such 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 Geddes Police Department.
If any paragraph, section, sentence, or portion thereof 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 otherwise revoked, modified, and/or amended.
The Town Board of Geddes acknowledges that Town Law § 20(1)(a) prohibits a first-class town that has established a police department from appointing Town Constables with peace officer status.
The Town Board of Geddes hereby invokes its supersession authority pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3) to supersede that portion of the Town Law, Chapter 62 of the Consolidated Laws, Article 3, § 20(1)(a), that prohibits first-class towns that have established police departments from appointing Town Constables with peace officer status.
This chapter shall take effect immediately upon filing with the New York State Secretary of State pursuant to § 27 of the Municipal Home Rule Law.