[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 8-13-1991
by L.L. No. 2-1991. Amendments noted where applicable.]
This chapter is enacted pursuant to the provisions of § 10
of the Municipal Home Rule Law.
A. The Town Board is hereby authorized to appoint as many
Constables as the Town Board may determine necessary for the proper conduct
of the affairs of the Town of Mount Pleasant. Said Constables shall serve
at the pleasure of the Town Board and shall be paid no salary by the Town
Board, but shall be entitled to collect the statutory fees allowed by law
in civil actions and proceedings.
B. Said Constables shall have all the power and authority
conferred upon Constables by the general laws of the state.
C. Said Constables shall have the following peace officer
duties as are hereby required of them by the Town Board:
(1) Assignments at parades, exhibitions, various gatherings
and affairs under police supervision.
(2) Guarding of buildings, installations, equipment and grounds
under police supervision.
(3) Accompanying police officers on foot or in a police vehicle.
Where practical, Constables should ride with police supervision and should
never take the place of a police officer as a second man in a car.
(4) Clerical and dispatch duties in an office or command
post under proper police supervision.
(5) Vandalism patrol of public parks and buildings not normally
patrolled by police.
(6) Control of vehicular and pedestrian traffic under police
supervision.
(7) Special assignments, to include search and rescue occurring
within the Town of Mount Pleasant, or when necessarily engaged in cases of
mutual aid.
(8) Assisting in the maintenance of law and order. However,
such duty must not acquire permanency and become an integral part of Police
Department routine.
(9) Guarding and protection of lives and property during
natural or man-made disasters, enemy attack or the period of rehabilitation
and recovery following a disaster or attack; further, drills in the preparation
of such disasters or attacks, as determined by the Chief of Police.
D. Said Constables shall be subject to the general authority
and direction of the Town Board. Said Constables shall serve the Town Board
under the administrative direction of the Chief of Police, who shall be responsible
for the administration, training, order, operation and discipline of said
Constables. Said Constables shall be considered employees for the purposes
of indemnification pursuant to the provisions of § 10 of the Public
Officers Law and for the purposes of the Workers Compensation Law while performing
duties authorized herein. The Chief of Police may authorize said Constables
to carry firearms while performing their duties.
E. The Town Board is hereby authorized to appropriate funds
as the Town Board may determine necessary for the training and equipment of
Constables.
F. The Town Board, upon consideration of 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 capability. On behalf of the Town Board, the Chief
of Police shall keep a complete service record of each Constable.
G. The Chief of Police shall ensure that the proper training
is conducted by the Town of Mount Pleasant to ensure that the training requirements
pursuant to § 2.30 of the New York State Criminal Procedure Law
are completed.