[HISTORY: Adopted by the Town Board of the
Town of Bedford: Art. I, 12-5-1989 as L.L. No. 7-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 17.
[Adopted 12-5-1989 as L.L. No. 7-1989]
The purpose of this Article is to authorize
the Town of Bedford's participation in the establishment of a formal
plan by which each member municipality of the Westchester County Police
Mutual Aid and Assistance Plan makes its police personnel and equipment
available to the other member municipalities when a condition exists
that is beyond the scope of its own police resources.
In consideration of the terms and conditions
contained herein, the following definitions shall apply:
The municipality providing assistance to the requesting municipality
pursuant to the terms of the Westchester County Police Mutual Aid
and Assistance Plan.
The officer within the Town of Bedford who is authorized
to request or grant a request for police assistance from another municipality.
For the purposes of this Article, the Police Chief or other official
in command, or acting in command, of the Town of Bedford Police Department,
shall be deemed the "Chief Executive Officer."
The Police Chief or other official in command or acting in
command of a Police Department.
Shall have its common dictionary definition.
For the purposes of this Article, the Town of Bedford is
located in Zone No. 5, which includes the following municipalities:
New Castle, Mount Kisco, North Castle and Bedford.
The municipality requesting the assistance of the police
force of another municipality pursuant to the terms of the Westchester
County Police Mutual Aid and Assistance Plan.
The Town of Bedford's participation in the Westchester
County Police Mutual Aid and Assistance Plan is governed and liabilities
and costs are apportioned pursuant to the provisions of the New York
General Municipal Law, § 209-m, which provides, inter alia,
that absent agreement to the contrary, the municipality receiving
police aid (the requesting municipality) shall reimburse the municipality
providing such aid (the assisting municipality) for any money paid
by it for police salaries and other expenses incurred by it, including
damage to or loss of equipment and supplies.
When the general public interest requires it,
all requests for assistance shall be made by the Police Chief or other
official in command or acting in command of the Town of Bedford Police
Department.
A.
In the event of such request for which no advance
warning is available, a request for assistance may be made by telephone
directly by the requesting municipality to each assisting municipality.
B.
All other requests for assistance shall be made in
writing sufficiently in advance of the event necessitating such aid
as to enable each assisting municipality to best utilize its police
force.
C.
A requesting municipality shall request police services
from the municipalities within the mutual assistance zone, which shall
also include a response from the Westchester County Department of
Public Safety.
D.
The Commissioner/Sheriff of the Westchester County
Department of Public Safety shall be notified whenever police assistance
is sought from the county or any other municipality outside of the
requesting municipality's mutual assistance zone.
The police services to be provided by the assisting
municipality shall include only the uniformed police forces of the
assisting municipality, unless specialized assistance is requested,
along with all necessary equipment and supplies as specified in the
Westchester County Police Mutual Aid and Assistance Plan.
The police force of the assisting municipality,
immediately upon assignment to the requesting municipality, shall
be under the control and direction of the department head of the requesting
municipality for the duration of their duty within and until discharged
by the requesting municipality.
The cost of police services provided shall be
paid by the requesting municipality pursuant to the Westchester County
Police Mutual Aid and Assistance Plan.
The following conditions shall be met before
any request for assistance is made:
A.
The emergency condition existing in the requesting
municipality is a situation that is beyond the scope of that municipality's
police resources.
The Town of Bedford may withdraw from the Westchester
County Police Mutual Aid and Assistance Plan at any time, upon thirty
(30) days' written notice to each of the involved parties, and thereafter
shall no longer be considered a party to the plan.
Pursuant to the Westchester County Police Mutual
Aid and Assistance Plan, the Commissioner/Sheriff of the Westchester
County Department of Public Safety shall assume responsibility for
the administration of said plan.
The Supervisor is hereby authorized to sign
the Westchester County Police Mutual Aid and Assistance Plan with
the County of Westchester for participation in said program.
Any person, firm or corporation who violates
the provisions of this Article shall be subject to a fine not to exceed
two hundred fifty dollars ($250.) per day for each offense or by imprisonment
not to exceed fifteen (15) days, or both.
[Adopted 2-21-2023 by L.L. No. 2-2023]
This article is adopted pursuant to Chapter 104 of the Laws of 1936, as amended, which provides that a town board or board of police commissioners shall have the power and is authorized to adopt and make rules and regulations for the examination, hearing, investigation and determination of charges, made or preferred against any member or members of such police force.
A.
Except
as to the discipline of the Chief of Police, all formal departmental
disciplinary charges shall be brought by the Chief of Police, subject
to the requirements of applicable laws. In the case of discipline
of the Chief of Police, such charges shall be brought by the Town
Supervisor.
B.
All disciplinary
charges brought against any sworn officer of the Police Department
shall be heard either by the Board of Police Commissioners, or by
a hearing officer appointed by the Board of Police Commissioners,
at the Board of Police Commissioners’ discretion. In the event
a hearing officer is appointed to hear disciplinary charges, the hearing
officer shall issue findings of fact and recommendations on guilt
or innocence and penalty, if any, and the Board of Commissioners shall
retain the sole and exclusive right and authority to make the final
determination as to guilt or innocence and the appropriate penalty,
if any.
In all other instances, the Town Board, acting as the Board of Police Commissioners, shall be granted all the powers and duties granted to the Town Board, acting as the Board of Police Commissioners, under Chapter 104 of the Laws of 1936, as amended.
It is the purpose and intent of this article to supersede the Westchester County Police Act (Chapter 104 of the Laws of 1936), as it relates to the powers and duties of the Chief of Police and the Board of Police Commissioners. The Town Board, pursuant to the authority granted to the Town Board by the Municipal Home Rule Law, may supersede such a special act of the legislature, and to the extent that such special act of the legislature is inconsistent with this article, then the Westchester County Police Act (Chapter 104 of the Laws of 1936), is hereby superseded.
In all other respects, the Police Department of the Town of
Bedford shall be governed by applicable law.
