[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 2-22-1995 by L.L. No. 7-1995. Amendments noted where
applicable.]
A.
The Town Board of the Town of Poughkeepsie recognizes
that as the largest municipality and most populated community in Dutchess
it has a high degree of responsibility to provide the best available
police protection to its citizens.
B.
The Town acknowledges that with the residential and
commercial growth of the last two decades a significant portion of
the Town's financial resource, $5,200,000, and manpower, 80 plus,
is devoted to the protection of the Town through the Police Department.
C.
The Town acknowledges the complexity and serious nature
of police-related issues and the necessity of daily interface between
the governing body of the Town and the Police Department, which is
often logistically cumbersome since all Town Board members, with the
exception of the Town Supervisor, work on a part-time basis.
D.
In recognition of the need for an open line of communication
and efficiency in government, the Town by this chapter does hereby
adopt and create a Police Advisory Commission.
A.
The Commission shall be comprised of three people,
all of whom shall be electors of the Town of Poughkeepsie. Each person
shall be appointed by resolution through a separate majority vote
of the Town Board. The length of each term shall be one year, but
shall not exceed beyond December 31, 1995, no matter when said appointment
shall occur, unless extended as herein provided.
B.
The first person appointed shall be referred to as
the Police Commissioner and shall not be a member of the Town Board.
The Deputy Commissioners shall be the Supervisor and the other shall
be a resident of the Town of Poughkeepsie and may be a Councilperson.
[Amended 2-18-1998]
C.
The composition, membership and existence of the Town
Police Advisory Commission may be amended, modified, dissolved or
extended by simple majority resolution of the Town Board, and any
resolution so adopted shall become incorporated herein as if integrated
into the original text of the law.
A.
In creating the Police Advisory Commission, the Town
Board is not delegating the authority and responsibility embodied
in Article 10 of the Town Law of the State of New York, it being the
intention that in creating an advisory commission, the powers of the
Commission are limited to that provided for herein.
B.
The Police Advisory Commission shall negotiate, as
the Town Board's representative, the contract between the Town and
the local Police Benevolent Association Union, and all incidents thereto,
and report the product of said negotiations to the Town Board for
approval or other direction.
C.
The Police Advisory Commission shall assist the Chief
of Police in submitting an annual budget to the Budget Committee.
D.
The Police Advisory Commission shall, upon consultation
with the Chief, submit its recommendations to the Town Board for all
new hires, promotions, lateral transfers and other events affecting
personnel, except for disciplinary procedures.
E.
The Police Advisory Commission shall be entitled to
review all vendor contracts for supplies and services to the Police
Department and make its recommendation to the Chief and the Town Board
with regard to the same.
F.
The Police Commissioner shall be consulted by the
Chief prior to any disciplinary action unless the Commissioner is
unavailable or an emergency occurs. Nothing herein provided shall
abrogate the Chief's authority to discipline the employees of the
Department, nor shall this section to be read to engraft any additional
requirement than is currently imposed by either the Town Law or the
Civil Service Law or the police regulations applicable to the discipline
of the police officers.
G.
The scheduling and assignment of employees shall be
the sole responsibility of the Chief.
H.
The deputy members of the Police Advisory Commission
shall administer the sick bank fund in a trustee capacity as provided
in the contract between the Police Benevolent Association (PBA) and
the Town of Poughkeepsie.
I.
Apart from the PBA negotiation provided for herein,
the Commission or its members individually shall not in such capacity
hold itself or themselves available as a body for employees of the
Police Department to present grievances.
J.
In the event of any conflict in interpretation between
this chapter and the contract between the Town and the PBA, the PBA
contract shall be credited.
K.
The Commission shall from time to time conduct meetings
to exchange ideas and develop recommendations for both the Town Board
and the Chief of Police.
Each member shall be entitled to a badge at
Town expense, should the member so choose.
The job descriptions herein provided are not
civil service positions, and any rights accorded to civil service
employees shall not apply to the members of the Police Commission.
Removal by the Town Board may occur at all times, at will, by resolution.
The Commission shall serve without compensation
but shall be entitled to be reimbursed for expenses in furtherance
of police business, in the discretion of the Town Board.
The provisions herein made shall without further
Board action expire on December 31, 1995, unless extended by a majority
vote through a Town Board resolution.
