[HISTORY: Adopted by the Board of Trustees of the Village of Floral Park 7-10-1984 by L.L. No. 4-1984. Amendments noted where applicable.]
It is essential to good government in the Incorporated Village of Floral Park, to the protection of its inhabitants and of property within the Village, to the preservation of peace and good order, the suppression of vice, the protection and preservation of public works and of the general safety, health, comfort and welfare of the inhabitants of the Village that adequate police protection be maintained throughout the Village. The Village has long maintained its own police force, deeming that such ends are thereby better served. To do so in an efficient manner with a due and balanced regard for public welfare and the cost of operation, it is essential that the Village Police Department utilize the services of the Police Department of the County of Nassau to support and supplement the services and protection provided by the Village-operated Police Department; without such support and supplementation, the Village Police Department would not be able to provide totality of the service required for Village purposes. The proper functioning of government requires that the Police Department of the Village be operated in an efficient manner. Efficiency of operation includes the cost of operations as well as the need to update operations to keep pace with modern methods, to incorporate modern concepts and procedures and to coordinate them in close cooperation with the Police Department of the county. Because of the relatively small size of the Village Police Department, it is not possible to achieve the economies of scale enjoyed by a large department, and, additionally, there is a loss of flexibility of assignment and utilization of personnel. These and further factors, such as the significant and rapid increase in operating costs stemming in large part from increases in the wage levels of police personnel, have emphasized the urgency of the need for the adoption of modern methods. The close balancing of needs with costs has become increasingly apparent to the Board of Trustees.
To ensure the provision of police protection needed to promote the general welfare of the Village, to achieve the economies needed to justify the continuation of a Police Department operated by the Village, to further the modernization of police methods and concepts and to improve and continue the harmony of procedures and methods of the Police Departments of the Village and the county, it is necessary to establish the Office of Commissioner of Police, having direct access to the Mayor and Board of Trustees, to assist in the formulation of policy and to make recommendations as to the means by which economies can be achieved and methods can be improved and to ensure that any new policies formulated and new methods are immediately carried out and employed.
In addition to the other Village officers specified in the Village Law, the Village shall have a Commissioner of Police.
The Commissioner of Police shall be appointed by the Mayor of the Village, which appointment shall be approved by the Board of Trustees and shall serve at the pleasure of the Board, all in a manner consistent with the provisions of the Village Law. The Commissioner of Police shall have at least the following qualifications and experience:
[Amended 10-24-2000 by L.L. No. 8-2000; 12-20-2016 by L.L. No. 5-2016]
A minimum of 10 years of progressively responsible experience (promotions in chain of command) in municipal law enforcement, which must include at least five years in a command-level position;
A bachelor's degree from an accredited institution; however, a master's degree from an accredited institution in public administration, criminal justice, law enforcement, public safety management or related field shall be preferred; and
Such other and further qualifications and experience as the Mayor and Board of Trustees may specify via resolution.
Notwithstanding the provisions of the Public Officers Law, the Commissioner of Police may reside within the corporate limits of the County of Nassau, State of New York, even though such residence is outside the corporate limits of the Village.
The term of office of the Commissioner of Police shall be for two years; provided, however, that upon the expiration of such term of office on the first Monday of April 1987, the following term of office shall be for one year, to expire on the first Monday of April 1988. Thereafter, the term of office shall be for two years, to expire on the first Monday of April in each even-numbered year.
[Amended 5-21-1985 by L.L. No. 1-1985]
The annual compensation of the Commissioner of Police shall be fixed by the Mayor and Board of Trustees in the same manner as the annual compensation of all other officers, appointed officials and department heads is fixed.
The Commissioner of Police is hereby authorized and empowered:
Notwithstanding the provisions of Village Law §§ 8-800 and 8-804, to promulgate rules and regulations governing the operation of the Police Department and to recommend such other rules and regulations applicable to other departments as shall be necessary or desirable for the public safety and welfare, subject, however, to the prior approval of the Mayor and Board of Trustees of any such rules and regulations.
Notwithstanding the provisions of Village Law § 8-804, to exercise supervision, control and direction over the conduct of the members of the Police Department of the Village and of all matters relative to the operation of such Department, including the appointment, promotion, change in status and removal of said members.
To prepare and submit, from time to time, fiscal reports relative to the operation of the Police Department and to recommend to the Mayor and the Board such changes in the methods, practices and procedures involved in the operation of the Department and in the procurement of equipment necessary or desirable to promote modernization of the Department, all consistent with its efficient operation.
To promote cooperation between the Police Department of the Village and that of the County of Nassau, looking to better and greater utilization of county-provided services and methods so as to eliminate unnecessary and duplicative services provided by the Village and to bring into conformity, to the extent reasonably possible, the practices of the Police Departments of the county and of the Village; to remain abreast of modern-day developments in the area of law enforcement in the United States; to recommend the introduction of changes of methods, procedures and equipment; and to seek out federal and state funds which may be used by the Village to improve police procedures and operations within the Village.
Effective upon the appointment of the Commissioner, the Mayor shall delegate to the Commissioner such other powers of the Mayor as set forth in the Village Law § 4-400, Subdivision 1b and e, and such other powers as may be deemed necessary or desirable to enable the Commissioner to effectively discharge the duties above set forth; provided, however, that any such delegation of powers shall not in any way relieve or absolve the Mayor from the responsibility to supervise the proper discharge by the Commissioner of the obligations placed upon the Mayor by the Village Law.
Should any section or provision of this local law be declared invalid, the same shall not affect the validity of the law as a whole or of any part thereof other than the part so declared to be invalid.
The position of Chief of Police of the Village of Floral Park is hereby abolished.
This local law shall become effective on August 1, 1984.