The Town Board of the Town of Woodbury hereby determines that a board
of Police Commissioners consisting of five members is hereby established
in order to promote the effective management of the Town Police Department.
The members of the Police Commission shall be the duly elected Town
Supervisor and the duly elected Councilpersons of the Town of Woodbury.
The Town Supervisor shall act as the Chairperson of the Police Commission,
and, in the absence of the Town Supervisor, the Deputy Town Supervisor
shall serve as the Chairperson.
Except as may otherwise be provided by the laws of the State of New
York, and subject to the limitations contained in this chapter, the
Commissioners shall:
Solicit applications and conduct all interviews for the position
of Chief of Police and call for such civil service tests and promotional
lists as may be required to ensure the efficient functioning of the
Police Department.
Conduct interviews for all new hires of the Police Department, but
may delegate that duty to the Chief of Police or such other members
of the Police Department as it deems necessary and advisable.
Approve the promotions of members of the Department and commissioned
officers upon recommendation of the Chief of Police, who shall keep
a complete service record of each member of the Police Department
in accordance with applicable civil service rules.
Adopt rules, orders and regulations for the government, discipline,
administration and disposition of the Police Department and of the
members thereof.
Conduct regular performance evaluations of the Chief of Police at
least once annually; developing with the Chief of Police plans to
address any deficiencies in job performance; monitor progress towards
improvement; and maintain and review the Police Chief's personnel
file.
Consistent with the laws of the State of New York and with the terms
of any collective bargaining agreement or amendment thereof, adopt
rules and regulations for the examination, hearing, investigation
and determination of charges made against any member of the Police
Department;
Participating in the review of grievances after they have been
presented to the Chief of Police for his informal review and initial
determination; if not resolved, presented again in writing;
Providing prompt written notification to the Chief of Police
whenever a civilian complaint is received regarding other members
of the Police Department or when information or accusations are made
by any person that an employee or commissioned officer (not including
the Chief) has violated any rule, regulation or order of the Department;
Monitoring the disposition of complaints and/or accusations
and receiving complete written reports on pending complaints or accusations
and the investigation thereof, including the Police Chief's final
adjudication, if any. When the Commissioners receive a report from
the Chief of Police that does not contain a final adjudication, the
Commissioners may dispose of the matter in a manner consistent with
the terms of the existing collective bargaining agreement and/or any
other statutes or regulations that may apply. In such event, the Commissioners
shall issue a written decision determining the matter.
The duties and responsibilities of the Police Commission shall not
conflict with the duties and responsibilities of the Chief of Police,
as set forth in the appropriate civil service job classification,
who shall be responsible for the day-to-day operation of the Police
Department.
The Police Commission shall require, subject to budgetary restrictions
imposed with respect to the Department, the Chief comply with the
Commissioners' established policy with respect to purchases.
Competitive bidding requirements, including the advertisement, acceptance
and the letting of contracts shall be the responsibility of the Town
Board. All vouchers will be signed by the Commissioners.
The Commissioners shall file an oath of office with the Town Clerk
upon commencement of their duties and shall be governed by all applicable
state and local laws, rules and regulations, including the provisions
of the Town Code with respect to ethical conduct, and shall be deemed
employees of the Town for the purposes of defense and indemnification
as set forth in the Town Code. All decisions and actions of the Commissioners
shall be formally voted upon, with a majority vote of the full Commission
needed to pass any motion, proposal or resolution.
Meetings shall be called consistent with the provision of Article
7 of the Public Officers Law (Open Meetings Law), and all member of
the Commission shall be given prior, written notice of the time and
place of all Commission meetings, except in emergency circumstances
when personal and/or telephone notice shall be deemed to be sufficient.
Special meetings may be called by the Chairperson of the Commission
or by any three Commission members.
The Commission shall hold meetings which shall be publicly announced
and open to the public pursuant to the Open Meetings Law of the State
of New York (Public Officers Law, Article 7). A voting record shall
be compiled that identifies how individual members voted on motions,
proposals and resolutions of the Commission.
In addition, minutes of open meetings (and executive sessions at
which a final determination of action was taken) shall be compiled
pursuant to the Open Meetings Law and made available to the Records
Access Officer of the Town of Woodbury/Town Clerk.