[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 5-20-1991
by L.L. No. 3-1991. Amendments noted where applicable.]
This chapter is enacted pursuant to the provisions of § 10
of the Municipal Home Rule Law.
A. The Village Board is hereby authorized to appoint as
many constables as the Village Board may determine necessary for the proper
conduct of the affairs of the Village of Elmsford. Said constables shall serve
at the pleasure of the Village Board and shall be paid no salary by the Village
Board.
B. The constables shall be considered "peace officers" as
defined by § 1.20 of the Criminal Procedure Law; provided, however,
that nothing herein shall be deemed to authorize the constables to carry,
possess, repair or dispose of a firearm unless the appropriate license therefor
has been issued pursuant to § 400.00 of the Penal Law.
C. The constables shall have all the power and authority
conferred upon constables by the general laws of the state.
D. The constables shall have the following additional powers
as are conferred upon them from time to time by the Village Board, including
the following:
(1) Conducting patrols with regular officers of the Elmsford
Police Department throughout the village.
(2) Directing both vehicular and pedestrian traffic.
(3) Patrolling parks and other public areas, and reporting
to the Elmsford Police Department any situations which may require a police
response.
(4) Assisting the Elmsford Police Department in the event
of natural or man-made emergencies, as determined by the Chief of Police.
E. The constables shall be subject to the general authority
and direction of the Village Board. When performing the additional powers
conferred upon them by this chapter, the constables shall serve the Village
Board under the administrative direction of the Chief of Police, who shall
be responsible for the administration, training, order, operation and discipline
of the constables. The constables shall be considered employees for the purposes
of indemnification pursuant to the provisions of § 18 of the Public
Officers Law and for the purpose of workers' compensation pursuant to
the provisions of § 2 of the Workers' Compensation Law, while
actually performing duties authorized herein.
F. The Village Board is hereby authorized to appropriate
funds as the Village Board may determine necessary for the training and equipment
of constables.
G. The Village Board, upon consideration of the recommendations
of the Chief of Police, shall have the authority to establish ranks and to
make promotions among said constables on the basis of seniority, meritorious
service and supervisory capabilities. On behalf of the Village Board, the
Chief of Police shall keep a complete service record of each constable.