HomeMy WebLinkAboutTB-09/15/1964-S362
SPEC~ MEETING OF ~EPTE~BER 15,'1964
We, the u~dersigned, members of the Town Board of the Town':of
dO hereby request Lester M. A~bertson, ~upervisor'-of~ the TOwn,,of
Southold0 to call' a meeting of the said Town Board on or hero=e- the'?~
fifteenth .day .of September, 1964.
Signed: Louis M~ Demarest
A s~ecial meeting of the Southold Town Board was held at the~:supervisor
Office, 16 South. Street, Greenport', 'New ~York:; The,'meeting:~was~:=alled,
to:;:o~der by the Supervisor at 3.~00 P.M,. with t~he: follow&ng?~resent:~ ~
S~pervisor. ,Albertson; C~uncilmen Demarest. a~d Valentine~
T~thill, Cla~k and Edwards.~ ' ToWn ~Attorney-' Ta~ker ~nd~ Town: CAerk ~ichmond
Moved ,by Councilman, Demarest~ seconded by Justice T~tAill.~:.,.~·
RESOLVED: That the reading~ of'.:the: minutes of the last mee~q 'of
september 8, 1964, be dispensed with at this meeting,.
Vote of Town Board:, Ayes-Supervisor Albertson~ ¢ouncilmen?Demarest
and Valemtine; Justices T~thill-, clark and Edw~d~.
-MoVed by councilman Demarest; seconded by Justice TuthilI:.
RESOLVE~ That the~ TOW~ Board Of the TOWn of Southold reconsider
lost resolution of the meeting of September. 28. 1964 perta~inimg?to:
public ~hearin~ to be held on Introductory Lgcal Law 92 c~ea, t'~ng a,~
Police Department in the Town,of Southold on September
8 P.M. in the Greenport School, if available.
Vote of Town BOar4: Ayes-$~pervisor Albertson; Co~ncilman~:D'em..are~t;'
. , JuStice:Tuthill and.' J~stice-,Edwards~
Nayes-Councilman Valentine: and ,J~stice ~la~.:.
Resolution declared, adopted.
Move~ by ¢ouncilma_~./)emare~t~ seconded by JUstice TutJa&ll:-'
RESOLVED~ That a public hearing,.will'be held ~,the followi~gs~L~ca,l,-.~
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., Greenpor.t, .N.,Y~ at Which
time:all persons interested w~ll be hear~=
LOCAL LAW INTRO. NO. 2 - YEAR 1964
A local law relating to the. establishment of a police de~ar.tme~
for the Town. of Southold.
Be it enacted by the town. board of the t~wn of Southold as ~ollows:
~1. E~TABLIS}~H?/~T OF POLICE ~EPARTgLENT. ' -'
There is hereby establ£sAe~.:a police department for that portion
of the town of Southold outside the incorporated village of ~reenport.
There shall be in such police ,department, ~a chief of police a~d,,sUch
number--of lieutenants, sergeants, patrolmen~ wat=hme~, s~eaial-.:.poli=e
a~ ,other officers-:a~d" employees as shall be determined by,.-the: tow~_
board. When appointed, such policemen shall ~e peace of~fi=ers
shall have all the powers and be subject to all the duties and liabil-
£ties of a constable of the town, in all crimi'nal actions a~d
ings and speci&A proceedings of a criminal nature, and such
al powers, not inconsistent with law-, as shall be' conferred upon..them
by~ '~he town board. The compensation of t'he members of-suah~,~depar~me~t
shaI1-be a town: charge, and the manner of:payment thereo'f shall
fixed and determined by. the-town, board~. The tow~ shall ~a~ for the cost
of the uniforms and necessary equipment of such policemen.
~ 2. POLI~ C~ISSI-ON.
The town board,, at any time by resolution, may establish a board
of police co~issioners for the town ~nd 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 withou~ compensation, and at
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 poiice commissioner, ~d ~when so designated, such super-
visor iShatl' have,all the powers of and perform, the duties of. such' ·
board of.'-poIiOe ~¢:ommissions. When either of such boards of ',police
~C~issT~-'OnS' shall'ha~e been established or the supervisor designated
as Poi~ce ~U~ssioner~,~ such'board of police commissioners or police
c~SS~o~er shai1 have and-exercise .all t~e .powers relative to police
mat~s ~!Co~erred upon~ the town board by this 'local law, Th~ town board
may~,~so~u~on at any time abolish such po~£ce.co~-~iss, bon~:~ or .revoke
the.-d~signation, of such supervisor as police commissioner and.. ~hereupon
the~i~n ~boa~d ~on~y shall exercise the powers conferredl upon it b~ this
~' %3. ~:~'~ualifications
. ~x=e~fc as otherwise provided by law, the members of the' police
de~m~nt~shall be appointed and promoted from an eligible, civil
se~v~ce~ list, .Except as otherwise provided,by law, no person shall be
appointed a. member~ of the police department, nor continue as a member
thereof, who shall not be a citizen of the Unite~ .States, .who has been
co~victe~ of~a felon~, who shall be unable .to read and.write understand-
ably~-~e English language or who shall not .have resided.within the
state of New York one year and in the county of Suffolk. for six months,
next p~ce~ing his appointment, Provide~, however, that at the time
of the organization of such police department, appointments thereto
shal]~ be .~made first from among constables and/or police officers then
emp~l~yed~!by.~the town of South_old, if such persons, possess all of the
qualifications hereinbefore in this section set forth. Each member of
the pol~ue~.department shall hold office during good behavior.
~. -!~4.~'- SPECIAL POLICEMEN. ·
-~"7 ~-The tow~ board may employ~ temporary pol~&e officers from time
to ;~'t~e ~as-the town board may determine '.their-services necessary. Such
pol,i~e 'o~ficers sba11 be known as "special policemen" and shall, have
all the powers and authority conferred' upon constables by the general
taws"~f~:t~e state and such additional powers, not ineonsistent with
law; 'as ~shall be conferred upon them by.the town b~ar~, They shall be
subject to the general authority and direction of the t°wn board and
to such ~rders and regulations as the to~n board may prescribe~ not
inconsistent with law. Such special policemen shall serve at the pleasure
of the ~wn board~and the town board shall fix their c~mpensation and
may purchase uniforms and e~ipment therefor within the budget appro~-
riation.t~erefor. Such s~ecial 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.
Provide~, h~wever, 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 a~y emergency period
of~ sixty days or less, appoint and at pleasure remove within such perio~
additional spec£al policemen not 'exceeding five in number without
examination.
~ 5 . . ~INISTRATION ....
The town board may from time to time make~ adopt and enforce
rules, regulations and orders ~or the government, discipline, a~min~s-
tration'-~and ~isposition of the police department and the members thereof.
Any such rules and regulations or any ~endments-thereto shall be in
written form and a copy of the same distributed to each member of the
department an~ posted in a conspicuous ~lace. in. the headquarters .of
the ~ice department~
~6. DISCIPLINE AND CHARGES.
The town board shall have the power and authority to adopt
igation and determination of charges, made or preferred agaias~ ,any
member or members, of the police ~epartment,, Except as ~otherwise~.~r~.~-~
vided by law, no me~aber or, members of the police departmentl shat~t~
fined, reprimanded, removed .or~ .d~smissed until written charges~ shall ~
have been examined, heard and investigat~i~n such man~er or~ ~suCh.-pro-
cedure, practice, examination and investigation as the town b~d .by
rules and regulations from time to t/me,~ may prescribe, S~ch ch ~arges~
shall not.be brought more than sixty .days ~after th~ time. when ~the facts
upon, which such charges are .based are known~ to the ~wn bo~d. ~A~y
member o~ the police department at the time of the. hearing ~r
such charges shall ha~e the right to a public hearing and~t~!al ~n~ ~to
be represented by c~u~e~no person ~h~ shall have ~refer=e~,.,~S~Ch
or any part of.the same shall, sit as judge upon such heari~ or ~triai.
Witnesses ~pon the trial of such charges shall testify thereto
oath. No member of such department who shall have been dismiss~edl shall.
be reinstated unless he shall, within twelve months of his dismissal,
fi~ with the town board a written application ~for..a rehea~ing of the
charges upon which he was dismissed. The Town Board shall have the power
to rehear such charge and,~ in its discretion, ,.may reinstate a member
of the .departmen~ after he has ~flled such written _applieatio~
-Any member .of such department found guilt~ u~o~.charge~_~?
after five 'days* notice' and~a~ opportunity to-be heard in ~is defense,
of neglect or ~dere~liction in the performance, of official duty, or Of~
violation of~..rules or .regulations or disobedience, or' o~ incompeteney~
to p~rform officiaI' duty, 'or of an. act of delinquency seriously affect-
~ing his general' character or fitness for office, may be punished b~. the
town board, by reprimand, by forfeiture and withholding of ~_s&&.~y or_
compensation for .a specified time not exceeding twenty days,~ by, extra
tours or hours of'duty during a~specified time not exceedin~ twent~
days, by suspension ~rom duty for a. specified time not exceeding.~ twenty
days .and the ~withholding of. ~alary or compensation ~uring su~e~s~spen-
sion, or by dismissal from the department, The town board.sha~.!have
the power to suspend, without pay, pending the ~rial 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 .entitied to full pay .from the. date of suspension. The conviction
of a member of the police.department by the town board shall.~be
to review by the supreme. ~courti-.in the judicial ~ d~trict .~ in which ~the
town~ of Southold' is located in the manner pr_.ov~ded by article.~78~.of the
civil practice law and rules, provided that the proceeding is~_c~me~¢ed
within ~thirty days from' the~ determination of such convicti_O~, byathe
town -board ....... -~. - ·
% 7. This local law shall ~take 'effect. immediately.
Vote of .Town Board:_ Ayes-Super. visor .Albertson~ Councilman Dcm .ar.~est
tices-.Tuthill and-~Edwards. ~ · '.
Nayes: Councilm~n Valentine~ Justice Cl~ark.' ....
RES~TI~ON- DECLARED ADOPTED. .. ' .
'Moved by JUstice clark~ seconded by. Council~man Valentine~ ~
WHEREAS, SOuthold American Legion GIT. 6. POSt ~803, Southold,
to the Town Clerk for a Bingo Licnes, .: and .- -
W~REAS, the TOWn Board has examined the. application and after invest-
igation duly made findings, and :determinations as required by law,
N~, THEREFORE, BE IT RESOLVED: That ~he 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
RES~VED: 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,
Vote of-Town Board: Ayes-Supervisor. Albertson; Councilmen Dem~ares~
~alentine; Justices T~thi~l, Clark and Edwards.. ,
Adjournment was a~ 4:00 P:M. ~' ~%..'C: .....
Albert W. Richmond
Town Clerk