[HISTORY: Adopted by the Town Board of the Town of Barton: Art. I, 10-11-1976;
Art. II, 10-10-1994. Amendments noted where applicable.]
A Constable in the Town of Barton shall have the following duties:
A. To serve and execute process of any court having jurisdiction
in the Town of Barton.
B. To investigate and report on any matter which may be
referred to him by any officer of the Town of Barton.
C. To issue summons or appearance ticket for a violation
of law, local law or ordinance which he may observe or become acquainted with,
within the Town of Barton.
D. To uphold the laws of the United States of America, New
York State and the Town of Barton.
E. To make application for appointment every year, take
oath of office and file a bond as directed by law or the Town Board or town
executive officer in the Town of Barton.
F. To carry out such other administrative duties as may
be delegated to him by the Town Board or other authorized official of the
Town of Barton.
A. All Constables, while on duty, shall have a neat appearance
and present a positive image to the public.
B. All Constables, while on duty, shall wear a conspicuous
form of identification, showing them to be a Constable for the Town of Barton.
These shall be one of the following:
(1) A badge issued by the Town of Barton.
(2) A shirt, jacket or cap with identification printed or
embroidered on it.
C. Constables on duty shall also carry their identification
card, issued by the Town of Barton.
D. Constables will identify themselves by name and title
of office when approaching a suspect or potential witness when on duty.
A. All Constables shall uphold the highest ethical standards
of the law enforcement profession.
B. All Constables shall refrain from the use of profanity,
vulgarity or the use of ethnic slurs when on duty.
All Constables shall be certified per § 2.30 of the Criminal
Procedures Law of New York State and will maintain such certification requirements
as mandated by the Criminal Procedures Law (CPL).
A. Any vehicle that is to be towed, moved or impounded by
the Town of Barton must be searched by two Constables, and a list of its contents
must be signed by both Constables prior to the vehicle being moved. Such contents
must be placed in a secure area by the Constables.
B. The vehicle shall be inspected by the Constables prior
to its movement, and its condition shall be noted in a written report.
Use of physical force by a Constable shall be in conformance with Article
35 of the Penal Law of the State of New York.
A. Nothing in this Article shall be construed or interpreted
as a requirement for any Constable to carry a weapon of any type.
B. A Constable is authorized to carry a deadly weapon only
after passing all New York State certification requirements for such action.
C. Use of deadly force shall adhere to the conditions set
by Article 35 of the Penal Law of New York State.
The Chief Constable shall:
A. Keep records of the certification of the Constables and
keep the Constables and the Town Board aware of the requirements and the certification
status of all Constables.
B. Prepare a budget for the Constables Department and present
it to the Board in a timely manner.
C. Make arrangements for the certification requirement training
for Constables to be made available to the Constables.
D. Assure that the files and records necessary for the proper
running of the Constables Department be kept up.
E. Enforce the policy regulating the behavior of Constables
and report violations of this policy to the Town Supervisor.
F. Coordinate and assign duties to each of the Constables,
from time to time and in such manner as the Chief Constable deems fit.