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HomeMy WebLinkAboutTB-09/15/1964-S 36 SPECIAL MEETING OF 'SEPTEMBER 15,` 1964 We, the undersigned, members of the Town Board of the Town_ of Southold do hereby request Lester M. Albertson, Supervisor of the Town. .of Southold, to call a meeting of the said Town Board on or-before the= . . fifteenth day of September, 1964. Signed: Louis M-. - Demarest . :Ralph W. Tuthill -- A special meeting of the Southold Town' Board was held at the: .Supervisor' s Office, 16 South Street, Greenport;: New York.; The. meeting- was .called to: -order by the Supervisor at 3i00 P.M. with the: following-present::- Supervisor Albertson; Councilmen Demarest .and Valentine; Justicea: rilu- Tuthill, Clark and Edwardsv Town Attorney.'Tabker and Town:.Clerk Richmond. Moved by Councilman Demarest; seconded by Justice Tuthill:.:. RESOLVED: That the reading of.:the minutes of the last meeting: of. . September 8, 19641 be dispensed with at this meeting.. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; - Justices Tuthill, Clark and- EdwaXde.. Moved by Councilman Demarest; 'seconded by Justice Tuthill: '. _. RESOLVED: That the- Town Board of the Town of Southold reconsider the.. lost resolution of the meeting of September. 28, 1964 pertaining,.•to a.., public hearing to be held on Introductory Local .Law #2 creating a. '. Police Department in the Town.-of Southold on September 28;_1964; at 8 P.M. in the Greenport School, if available. Vote of Town Board: Ayes-Supervisor Albertson; Councilman-'Demarest;' `' Justice Tuthill and' Justice Edwards_ Nayes-Councilman Valentine and Justice C1a=k.:- Resolution declared adopted. _. Moved by Councilman Demarest', seconded by Justice Tuthill:, RESOLVED: That a public hearing- will -be held on -the following.:'LocaL.:. Law #2 of the year 1964 at 7: 30 P.M. on the 28th day of September, 1964 in the -Greenport High School,, Main St. , Greenport, N.Y. at which time- all persons interested will 'be .heard: :. TOWN OF SOUTHOLD ;- LOCAL LAW INTRO. NO. 2. - YEAR 1964 -. A local law relating to the• establishment .:of. a police department: for the Town- of Southold. Be it enacted by the town board of the town of Southold as follows: #1. ESTABLISHMENT OF POLICE DEPARTMENT. There is hereby established-:a police department for that portion of the town of Southold outside the incorporated village of greenport. There shall be in such police department, a chief of police -and.,.such number of lieutenants, sergeants, patrolmenm! watchmend., special- police and -other officers and employees as shall be -determined by .the .town.. board. When appointed, such policemen shall be peace officers and . shall have all the powers and be subject to all the duties and liabil- ities of a constable of the town in all criminal actions and proceed= ings and special: proceedings of a criminal nature, and such addition-, al powers, not inconsistent with law, as shall be conferred upon them _ by the town board. The compensation of the members of -such department shall be a town charge, and the manner of-payment thereof shall .be.. fixed and determined by- the town board. The toxin shall pay for the cost of the uniforms and necessary equipment of such policemen. # 2. POLICE CQMMISSION. The town board, at any time by resolution, may establish a board. . of police commissioners for the town and appoint one or three police commissioners who shall at the time of their appointment and through- out their term of office be owners of record of real property in and electors of the town, and who shall serve without compensation, and at .36-3 the pleasure of the town board. , If. the town board shall appoint only one such Police commissioner, it - shall in addition designate two members *of the town board to serve as members: of- such police commiss- ion. The Town board may also by resolution designate the supervisor , to serve as police commissioner, and when so designated, such super- visor shall' haveaall the powers of and perform the. duties -of, such board ofpolice -commissions. When either of such boards of police commissions shall have been established or the supervisor designated as police commissioner., such board of police commissioners or police commissioner shall have and exercise all the .powers relative to police matters conferred upon the town board by this local law. Thb town board may by 'resolution at any time abolish such police commission,--:,.- or revoke the designation of such supervisor as police commissioner and thereupon the 'town board only shall exercise the powers conferred upon it by this local law. #3 ,' ' Qualifications Except as otherwise provided by law, the members of the: police -department shall be appointed and promoted from an eligible. civil service list,. Except as otherwise provided,by law, no person shall be appointed a .member. of the police department,. nor contiriue as a member thereof, who shall not be a citizen of the. UnitiM States, .who has .been convicted of a felony, who shall be unable to read and write understand- ably the English language or who shall not ,have resiiied .within the. state of New York one year and in the county of Suffolk. for six months, next preceding his appointment, Provided, however, that at the, time of the organization of such police department, , appointments thereto shall .be made first from among constables and/or police officers then employed by-the town of Southold, if such persons possess all of the qualifications hereinbefore in this section set forth.. Each member of the police, d epartment shall hold office during good behavior. #4.,-'SPECIAL POLICEMEN. :The town board may employ temporary polfte officers from time : to ;'tifiie as the town board may determine their services, necessary. Such police officers shall be known as "special. policemen" and shall have . all the powers and authority conferred upon constables by the general laws ,of the state and such additional powers, not inconsistent with law, as shall be conferred upon them by the town board, They shall be . subject to the general authority and direction of the town board and to such orders and' regulations as the town board may prescribed not inconsistent with law. Such special policemen shall serve at the pleasure of the town board and the town board shall fix their compensation and may purchase uniforms and equipment therefor within the budget approp- riation therefor. Such special police-' shall not be eligible to appoint- ment unless they shall have passed an examination held by the approp- riate civil service commission, and unless their names shall be .on the eligible list of the commission at the time of their appointment. Provided, however, and notwithstanding the foregoing provisions of this _,section, the town board may, when in its judgment.. it deems it necessary for the preservation of the public peace during any emergency period ofP sixty days or less, appoint and at pleasure remove within such period additional special policemen not .exceeding five in .number without examination. S. -ADMINISTRATION. , The town board may from time to time make, adopt and enforce rules, regulations and orders for the government, discipline, ..adminis- tration-'and disposition of the police department and the members thereof. Any such rules and regulations or any amendments thereto shall be in. written form and a copy of the same distributed to each member of the department and posted in a conspicuous place. in the headquartersof: the pclice department. #6. DISCIPLINE AND CHARGES. . The town board shall have the power and authority to adopt _ vw v.&4 4-- 4-,k&2, 'haR"irtg. invest. 36. igation and determination of charges, . made or preferred against, any .. ' member or members.-of the police department•, Except as otherwise:.pro- vided by law, . no member or,-members of the police department:- shall: be fined, reprimanded, removed .or .dismissed until .written charges. shall . .--. have been examined, heard and investigatednin.. such manner .or such:; pro-: cedure, practice, :examination. and investigation. as the town board by, rules and regulations from time to time, . may prescribe. Such charges shall not be brought more than sixty .days after the time when the .facts upon- which such charges are .based are known to the town .board. Any member of: the police department .at the --time of the hearing or .tgAal. of such charges shall have the right to a public hearing and:.trial and .to be represented by counsel;no person .who shall have preferred such charges or any part of the .same shall.. sit asjudge. upon such hearing- or trial. Witnesses upon the trial of-. such charges shall. testify thereto under, ., oath. No member of such department who shall have been dismissed shall. be reinstated unless he shall, within twelve months of his dismissal, find with the town board a written application. for:.a _:rehearing of the charges upon- which he was dismissed. The Town Board shall have the power to -rehaar such charge and,., in its discretion, .may.reinstate a member of the -department after he has filed such written-application therefor. . Any member .of such :department: found guilty upon .chargesm.. after five "days' .notice- and .an opportunity to be heard. in.l}is defense, of neglect or .dere-liction in the performance, of official duty., ;or of. - violation of rules or regulations or disobedience., or of incompetency - to perform official duty, or of an act of delinquency seriously affect-- .ing his general character or fitness for office, may be punished by the town board; by reprimand,- by forfeiture ,and withholding of :salary or compensation_ for -a. specified time not exceeding twenty-days,� by- extra tours or hours of duty during- a. specified time not exceeding...twenty. days, by suspension from duty for. a. specified time not exceeding twenty days and the -withholding of salary or compensation during- such,,_suspen-. sion, or by dismissal from the department, The town board. shall:.-;have the power to suspend, without pay, pending the trial of charges, any member of the police department. If any .member. of the.. police department so suspended shall not be convicted of the charges so preferred, he shall be: entitled to 'full pay .from the. date o.f. suspension. The conviction of a member of the police-.department by the town board shall�be•,subject to review by the. supreme. .court.::in the judicial diatrict- ,in.which....the. town of Southold is located in the manner provided by article.;78.. of the civil practice law and rules, provided. that the proceeding is:-commenced within thirty days. from .the_determination of such conviction.by;.thq., . ._ town board. # 7. This local law shall take effect immediately. Vote of. .Town Board:..Ayes-Supervisor,.Albertson; Councilman. Demarest;; Jus tices Tuthill and Edwards. Nayes: Councilman Valentine; Justice- Cl:ark.: RESOLUTION DECLARED ADOPTED. Moved by Justice Clark; seconded by Councilman Valentine; WHEREAS, Southold American Legion G.T.G. . Post #803, Southold,. N.Y.-:-.applid to the Town Clerk for a Bingo Licnes, . and WIEREAS, the Town .Board has examined the. application. and after invest- igation duly made findings. and.'.determinations as. required by law, . . . NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be and.he-hereby, is authorized and directed to execute on behalf of the Town the find- ings and determinations required by law and -it is further . . RESOLVED: That the Town Clerk be and he 'hereby is directed to issue a Bingo License to the Southold::American. Legion G..T..G.. Post #803, Southold. N.Y. �. . Vote of. Town Board.- Ayes-Supervisor-"Albertson; Councilmen Demarest and valentine; Justices ,Tuthill, Clark and Edwards.. Adjournment was at 4:00 P:M. Albert Wi. Richmond - Town Clerk