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HomeMy WebLinkAboutLL-1964 #02TOWN OF SOUTHOLD LOCAL LAW II~TROo NOo 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. ESTABLISPIF~NT OF POLICE DEPARTMENT There is hereby established a police department for that port,on of the Town of Southold outside the incorporated Village of Greenport. There ~hall be in such police department, a Chief of police and such number of lieutenants, sergeants, patrolmen= watchmen~ special police and other efficers and employees as shall be determined by the Town Board. W~hen appointed, such policemen Shall be peace officers and shall have all the powers and be Subje=~tto all the duties and liabilities of a constable of the town in all criminal actions and.proceedings and special proceedings of a criminal nature, and such additional powers, not inconsistent with law, as shall be conferred upon them by the Town Bcardo The compensation of the members of Such department shall be .a town charge, and the manner of pa~ent thereof shall be fixed and determined by the Town Board. The To~n sAali pa~ ~or t~e cost of unifQr~ and necessary equipment of such policemen. $ 2. POLICE COMMISSION. The Town Board, at any time by resolution, may establish a Board of PoliceCommissioners for the Town and appoint one or three police commiss- ioners who shall at the time of their appointment and throughout 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 the pleasure of the Town Board. If the Town Board ~hall appoint only one such police commissioner~ it shall in addition designate two members of the Town Board to serve as members of such police commission. The town Board amy also by resolution designate the supervisor to serve as police commissioner~ and when so designated, such superviso~ shall have all the powers of and perform the duties of such board of police commissioners~ When either of such boardsl of police commissioners ishall have been established or the supervisor designated as police commisMioner,~ such board of police commissioners or police commissioner s~all have and exercise all the powers relative to police matters conferred upon the town board by this local law. The Town Board may by resolution at any time abolish such police commissioner or revoke the designation of such supervisor as police commiss,ioner and thereupon the ~own board only shall exercise the pbwers conferred upon it by this local Ilaw. ~ 3. QUALIFICATIONS. Except as otherwise provided by law, the members of the police d~partment ~hall be appointed and pro~ed from an.eligible civil service l~st. Except as otherwise provided by law, no person shall be appointed al member of the police department, nor kontinue as a member thereof, ~ho shall not be a citizen of the United States, who has been convicted of a' fe!ony, who ~hall be unable to read ahd write understandably the E~glish language or who shall not have ~esided within the state of New T6rk one year and in the county of Suffolk for six months, next organization sf such police department, i appointments thereto shall be made first from among constables and/orI 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 %~-departme~t shall hold office during good behavior. % 4. SPEC~3~L POLICEF~EN. The Town Board may employ temporary police officers from time to ~ime a~ the Town Board ~A.y determine their services necessary. Such police officers shall be known as "special policemen" and shall have all the- pbwers and authority conferred upon constables by the general laws of the state and such additi6na. I powers, not inconsistent with law. as shall_ be conferred upoh them ~o~7-ttt~! Town Board.. They shall be subject to the general authority and dir'ection of the. Town Board and to such orders and regulations aS 'the Town~%]SD~r~ may prescribe, not inconsistent~ with law. S.~gh special ~olicemen Sh~.~l serve at the pleasure of the Town Board and t~e Tow~ Boa~r~'shali' 'fix their compensation and may purchase uniforms and e~uipme%b ther~for~ within t~e' budget appropr/ation therefore. Such special g~tice shall ~ot De elig/~!e to appointment unless they shall have passed a~ ex~unlna~lon.hel'd by tb~.~appropriatelcivil service conunis'sion, and unless their ma~es s~all ~e on the eligible lSst of the commission at 'the time of their appointment. Pr~id~ed,~ however, land notwithstanding the foregoing p,~.Ovisiozs Of l this section, ~he Town B0~rd may, when in its judgement it d~ems necessary for the pr&sezvation of the public peace during any emergency perio~ of Six~ ~alrs. or 'l~ssl appoint and at pleasure remove .. policemen not exceeding five in nunuber within such ad~ional w ~out exazaina~'~on. % 5. ADMINISTRATION. The Town .Board may from time to time ~ake, adopt and enforce rules, orders and regulations for the government, disciplice, administration a~d 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 co~y of the same distributed to each member of the department and posted in ~a conspicous place in the headquarters of the police depart- m~nt. $ 6. DISCIPLINE. The Town Board shall have the power and authority to adopt and make r~les and regulations for the examination, hearing, investigation and determination of charges, made or preferred against any me~%ber or members of the police department'. Except as otherwise provided by law, no mem- ber or men%bets, of the police department shall be fined, reprimanded, re- moved or dismissed until written charges shall have be~n examined, heard a~d investigated in such manner or such. prodedure, practice, examination a~d investigation as the Town Board by rules and regulations from time to time, may prescribe. Such charges shall not be brought more than s~xty da~s after the time when the facts upon which such char~s are b~sed are known to the Town Board. Any men,her of the police department a~ the time ofl the hearing or trial of Such charges shall have the right t~ a public hearing and trial and to bei represented by counsel; no person w~o shall have preferred such charges or any part of the same shall sit esl judge upon such hearing or trial. Witnesses upon the trial of such charges shall testify thereto under oath. No member of such department -2- who shall 'have been dismissed shall be reinstated unless he shall,' within twelve months of his dismissal, file with the Town Board a written application for a rehearing of the charges upon which he was dismissed. The Town Bear,d shall have the power toI rehear such charges and, in its discretion, may reinstate a men%bet of 'the department after he has filed Such written application therefor. Any men,bet of such department found guilty upon charges, after five days' notice End an opportunity to be heard in his defense, of neglect 6r dereliction in the performance of o~ficial duty,, or of violationof · ~ules or regulations or disobedience~ br of incompetency to perform ~'~o~fi~ial du%y~ or of an act of delinquency seriously affecting his general '~r~cter ®f ~itness fer .office~ .'Bz~y b~ punished by the Town Board, by repr3~uand, by forfezture and withholding of salary or compensation for a~peclf~ed.t'~e not excee.din~ twenty days, by extra tours or hours of d~ty 'du~ing a! specified time not exceeding twenty days and the with- h~Iding of salary or compensation during such suspension , or b~ dismissal f~Dm the department. The Town Beard s~all have the power to w~ho~t pay, '~ending the trial, of char~es, any menlber of the police d~l~artment. If any member of the police department, so suspended shall n~t b~ convicted of ~he charges so pre~erred, he shall be entitled to f~!l ?ay from! the date of suspension. IT he conviction of a member of the p~_~ice depar~ent by the Town Board sh~ll be subject to review by the s..~Preme court i in the 3udicial district i in which the Town of Sout//old is l~¢ated in th~ manner provided by article ~ 78 of the civil pra~ce 1~ and rules] provided that the'prece~ding is commenced within thirty d~s ~rom the I determination of such cosviction by the TOwn Board $ 7. This local law shall take effect immediately. STATE OF NEW YORK DEPARTMENT OF STATE 164 STATE STREET ALBANY 12201 October 2, 1964 ~lbert '~. Richmond, Clerk Town of So~thold, N.Y. 3_197! Dear Sir: of ___~_~of the was received and filed on Please be advised thst Locs.1 Law No. We enclose herewith additional forms for the filing of local laws for your future use° SEB ~ei Very truly yours, JO~ P. LOP~NZO Secretary of State fi/ John J.~'Ghe,zi, Director Election and -L~w Bureau cc: State Comptroller, Division of Municipal Affairs. STATE OF NEW YORK DEPARTMENT OF AUDIT AND CONTROL ALBANY ARTHUR LEVITT STATE COMPTROLLER De~ Sir : I hereby acknowledge receipt as of 0~ber of certified cody of Local Law No. · of 1964 ' for the ~of ~o~ which copy is b~ing files in this office. Very truly yo~s: Senior Attorney TSH:sao (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not use italic%for new matter. ~C, Aty~ of Southold Town ...................................................................................................................... Local Law No ......................... .2. ................................ of the year 19 ..6..4. ..... A local law ...~7?~ng ~9 .~h~...~,s...t..a.b...I,J:..s.h....m,..e.l!t....(~[..~ P.O.!&.c...e....d..~p.~..~.t;aent..£o~..th.e .t.o.w2z,~£.Sau~hold (Insert title, Be it enacted by the Town Board .......................................................................................................................................... of the (Name of Legislative Body) Town Southold ................................................................................................................. as follows: §I. ESTABLISHMENT OF POLICE DEPARTMENT There [s hereby established a police departmenff for that portion of thC town of Southold outside the incorporated village of Greenport. There shalI be in such' police department, a chief of police and such number of lieutenants, sergeants, patrol- men, watchmen, special police and other officers and employees as shalI be determined by the town board. When appointed, such policemen shall be peace officers and shall have alI the powers and be subject to ail the duties and Iiabilities of a constable of the town in ali criminal actions and proceedings and special proceedings of a criminal nature, and such additional powers, not inconsxstent with Law-, as shalI be conferred upon them by the town board. The compensation of the members~of such department shaI1 be a town charge, and the manner of payment thereof shall be fixed and deter- mined by the town board. The town shalI pay for the cost of the uniforms and necessary equipment of such policemen. §2. POLICE COMMISSION. The town board, at any time by resolution, may establish a board of police commissioners i'or the town and appoint one or' three police con, missioners who shall ~(!f ,'.. .- d=ditional smtce is nee?~fd, please a.rtach sheers of the same size as this aha number each)~..5'~ at the time of their appointment and throughout their term of office be owners of record of real property in and electors of the town, and who shall serve without compen- sation, 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 commission. The town board may also by resolution designate the supervisor to serve as police commissioner, and when so designated, such supervisor shall have ail the powers of and perform the duties of such board of police commissioners. When either of such boards of police com- missioners 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. The town board maybe 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 po~ers 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 'ks other- wise 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 United 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 resided 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 shaI] be made first from among constables and/or police officers then employed by the town of Southold, if such persons possess ail of'the qualifications hereinbe£ore in ibis section set forth. Each mem~r ol %he poli,-~. depar~men~ shall hold office dur!ng good behavior. § 4. SPECIAL POI,ICEMEN. The town board may employ temporary police officers from time to time as the town board may determine their services necessary. Such police officers shall be known as "special policemen" and shall have ail 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 prescribe, 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 appropriation therefor. Such special police shall not be eligible to appointment unless they shall have passed an examination held by the appropriate civil service commission at the time of their appointment. Provided, however, and notwithstanding the foregoing provisions of this section, the town board may, when in its judgme.nt it deems it necessary for the preservation of the public peace during any_ emergency period of sixty days or less, appoint and at pleasure remove within such period additional special policemen not exceeding five in number without examination. § 5. ADMINISTRATION The town board may from time to time make, adopt and enforce rules, orders and regulations for the government, discipIine, administration and disposition of the police department and the members thereof. A.~y 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 headquarters of the police department. § 6. DISCIPLINE AND CHARGES . The town board shall have the power and authority to adopt and make rules and regulations for the examination, hearing, investigation and determination of charges, made or preferred against any member or members of the police depar'tn~ent. -3- Except as otherwise provided by !aw, no member or members of the police department shall be 'fined, reprimanded, removed or dismissed until written charges shall have been examined, heard and investigated in such manner or such procedure, practice, examination and investigation as the tewn 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 trial of such charges shall have the right to a public hearing and trial and to be represented by counsel; r~o person who shall have preferred such charges or any part of the same shall sit as judge 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, file 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 rehear such charges and, iii its disc~'etion, may reinstate a member of the department after he has filed such written application therefor. Any member of such department found guilty upon charges, after five days' notice and an opportunity to be heard in his defense, of neglect or derelictio~i 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 a£fecting his general character or' fitness for office, may be punished by the town board, by r~primand, by forfeiture and withholding of salary or compensalion for a specified ti~e no~ exceeding twne~y days, by exira tours or hours of duty during a sp~cified Time not exceeding twenty days, by suspension from duty for a specified ~ime no~ exceeding twenty days and th~ withholding of salary or compensation durin~ such suspension, or by dismissal from the department. The town board shall have the power To suspend, without pay, pending the ~riaI of charges, any member of the -4- police department, so suspended shall not be convicted of the charges so preferred, he shall be entitled to full pay from the date of 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 district in which the town of SouthoId 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 the town board. § 7. This local law shall take effect immediately. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) (Final adoption by local legislative body oni?.) 1. I hereby certify that the loca] law an,~.xed hereto, designated asloeal law No .......... .2 ...... of 1913.4... of,the ~ of Southold was dul~ passed bv ..~b.e..fion~hold_TQwn..B.oard* ' ~ ........................ on ...... ~..~p. ii~.r, ab. er..28 19.6~. in accordanFe with the applica'ble provisions of law. (Passage by local legislative bod~ with approval or no disapproval bv Elective Chief Executive Officer or repassage after disapproval.) 2. I hereby certify that the local law annexec] hereto, designatedas local law No .......... of 19 ....... County City of the To'~vn of .................................... was dul5 passed by ............................................ - ...................... Village IN~,.,. o~ I.~,,l~t,¥~ not disapproved on .................................................. ~9 ........ and was approved by the ............................................. r,q,assed after tisapproval Elective Chief }:×eeu~ive and was deemed &iix adopted on ..... 19 ..... in ac( ,~rclaut e with the applicable provmmns of la~. (Final adoption b; referendum.) 3. [ herebvcenifvthat tnetoca! law annexed hereto, designatedaslocal !awNo .............. of 19 ....... of the Count~ City of ................................ was duly passed by the Town Village On man ciator5 permisswe not disapproved and was approved by-the ..................... : repassed after disapprova l 19 . Such local fh,~ was .*ubmitted tu the people b? reason ut a refereudum and received the affirmative vote of a majority of the ,Taalified electors voting general ~ thereon at thc special eiection held on ........................................ 19 , i~ a~'com,mc,, with 'the appli- annual cable provismns of law. (Subject to permissive referendum and final adoption because no valid referendum. ~ 4. I }lerebx c,r!lt'x that the local a~ annexed hereto, designated a:- local law filed r,.quest~ng of 1 of tm ..... ;~as duly passed by the ...................................... not disapproved ............ 19 ..... and was approved ~y the repassed after disapproval ~.~ ...... ('h~.~ .......................................... 19. . . Suchi. local la% being subject to a pernnsqiw- referendug and ~a!id r>ot~t~on requesting such referendum having been filed, said i,,cai law was (t~,ed .......................... 19 .., in accordance with the aN,IP able pro',isi [Cit~ local law concermng Charter revision proposed b> petition.) 5. I hereby certify that tim local law anne,:cd nereto,.designated as local law No ................... of 19 ....... of the City of ....................................................................... having been sabmitted to referendum pursuant to the .36 provisions of 37 el' the Municipal Home |/hie Law and having received the alliterative vet{' o1' a maioritv special of the qualified elector.~ of such city voting thereon a~ the general election held on the ...... .......... 19 ......became operative. (I£ an.;' other authorized form of final adoption has been followed, plea:-e provide an appropriate certification.~ I further ,-ertifv that [ have compared the preceding Ir,cai la~ with thc ,,ri~'i al on fil*' in this and that the same ~s a c-o~er-t transcript therefrom and ot' tht. ;~hole ~f Stlf'h or~gina! I¢,, ;~1 la~, and was finally adopted in the manner indicated in para~raoh ........ Town Clerk Date: September 29, 1964 ~erttfi, at,on tu be executed by Count.~ -Mtorney, Corp~)ration Counsel Town Atlorne_;, s, i[lage Xttornex or othc~ ~tu[horizrd Attorney of localit}.! STATE OF .NE ¥ 'fOFIK COCNT¥ OF ........................... 1, ~n- undersigned, hereby certify that the foregoing focal law contains the correct text and that all proper ?roceedings have been had or taken ['or the enactment of the local la~, annexed hq~reto. Towa~ Attorne ....................... I)atod: September 29, 1964 MINUTES SOUTHOLD TOWN BOARD Septe~uber, 28,1964 Pr es e n t : SUPERVISOR LESTER M. ALBERTSON JUSTICE I~ENRY CLARK JUSTICE RALPH TUTI~ILL COUIqCILMAN LOUIS DEMEREST COI/NCILMAN ~tOWARD VALENTINE TOWN ATTORNEY ROBERT TASKER TOWN CLERK ALBERT W. RIC~OND LOCAL LAW INTRO. NO. 2 SUPERVISOR i%LBERTSON: It seems to be 7:30, so Z will open the hearing at this time by reading the legal notice of hearing. "NOTICE is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York~ on the 28th day of July, 1964, Local Law Intro. No~ 2 of the Year 1964 entitled ~A Local Law Relating to the Establishment of a Police Department for the Town of Southold~. Said Local Law provides for the establishment of a police department in and for the Town of Southold; provides that there shall be in such police department, a chief of policed such number of lieutenants~ sergeants, partolmen, watchmen, special police and other officers and employees as shall be determined by the Town Board;.authorized the Town Board by r~solution to establish board of police commissioners to serve at the pleasure of the Town Board; provides for the qualifications of members of such police department; provides for the employment of temporary officers; authorized the To~n Board to make, adopt and enforce rules, orders and regulations for the government, discipline and administration of said police department; authorizes the Town Board to adopt rules and regulations relative to the examination, hearing, ~vestigation and determination of charges against members of said police department and the punishment of members of said department found guilty of such charges. Copies of such proposed local law are available at the office:of the Town Clerk to any intereste6 persons during business hours. "THEREFORE, pursuant to statute~ the Town Board of the Town of Southold will hold a public hearing on the aforesaid local law at Main Street~ Greenport, High School~ Suffolk County~ k~ew York, at 7:30 o'clock P.M. on the 28th day of Septenf0er 1964~ at which time all persons interested will be heard. "~ated: September 15, 1964~ Albert W. Richmond, Town Clerk" SUPERVISOR ALBERTSON:There is an affidavit in the file as At this time I will a~ the Town Attorney to proof of publication. read the Local Law. ROBERT W. TASKER, ESQ.: "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: "ESTABLISP~4ENT 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~ patrolmen~ watchman, special police and other officers and employees as shall be determined by the Town Bgard~ When appointed~ such policemen shall be peace officers and shall have all the powers and be subject to all the duties and liabilities of a constable of the Town in all criminal actions and proceedings and~special proceedings of a criminal nature, and such additional 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 town shall pay for the cost of uniforms and necessary equipment of such policemen. "POLICE COMMISSIONER - 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 throughout their their term of office be owners of record real property in and electors of theitown, and who shall serve without compensation, and at the pleasure of:the town board. If the town board shall appoint only one such police commissioner, it shall in addition town designate two mem]0ers of the/board 6o serve as members of such police commission. The town board may also by resolution designate the supervisor to serve as police commissioner, and when so designated, such supervisor shall have all the powers of and perform the duties of such board of police commissioners. When either of such board of police commissioners shall have been established or the supervisor designated as police commisslonern such board of police commissiom~s or police commissioner shall have and exerciselall the powers relative to police matters conferred upon the town board by this local law. The town board may by resolution at any time ~bolish such police commission or revoke the designation of such supervisor as police commissioner and thereupon the town board only shall e~y exercise the powers conferred upon it by this local law. "QLLALIFICATIONS - 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 continue as a member thereof, who shall not be a citizen of the United States, who has been cor~cted of a felony, who sahll be unable to read and write understandably the English language or who shall not have reside within the state of New York one year and in the county of Suffolk for six months, next preceding his appointment. Providgd, however, that at the time of the organization Iof such police department, appoint- ments 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 department shall hold office during good behavior. "SPECIAL POLICEMEN - The Town Bo4~may employ temporary police officers from time to time as the town board may determine their services necessary. Such police officers sha~l be known as "special policemen" and shall have all the powers and authority conferred upon constables by the general laws of the state andlsuch additional powers~ not inconsistent with law, as shall be conferred upon them by the town board. They shall be subject to the generaliauthority and direction of the town board and to such orders and regulations as the town board may prescribe~ not inconsistent with law. Such special policemen shall serve at the .~ pleasure of the town board and the town board ahll fix their compensation and may purchase uniforms and equipment therefor within the budget appropriation therefor. Such special police'shall not be eligible to appointment unless they shall have passed an examination held by the appropriate civil service 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 p~ace during any emergency period of sixty days or less, appoint and a~ pleasure remove within such perio~ additional special policemen hot exceeding five in num]oer without examination. "ADMINISTRATION - The Town Boarid may from time to time make, adopt and enforce rules, orders and regulaltions for the government, discipline, administration and disposition of thle police department and the members thereof. 3~my 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,he headquarters of the police department. "DISCIPLINE ~kND CHARGES - The TOWn Board shall have the power and authority to adopt and make rules amd regulations for the examination hearing, investigation and determination of charges, made or preferred against any member of member of the !police department. Except as otherwise provided by law, no men~oe~ or members of the police department shall be fined, reprimanded, removed or dismissed until written charges shall have been examined, such procedure, board by rules heard and investigated in such manner or practice= examination and investigation as the town and regulations from time to time, may prescribe. Such charges shallnot be brought more than sixty days after the time when the facts upon which such charges are based are known to the town boalrd~ Any mentber of the police department at the time of the hearing or trial 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 as 3udge upon such hearing or trial. Witnessess upon the trial of thereto such charges shall testify/u~der oath. No member of such department~ who shall have been dismissed shall be reinstated unless he shall, within twelve months of his dismissal, file 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 rehear such charges 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 charges, after five days' notice and an opportunity to be heard in his defence, of neglect or dereliction 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 affecting his general character of fitness for office, may be punished by the town boards 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 ~pecified time not exceeding twenty days and the withholding of s~alary or compensation durin~ such suspension, or by dismissal from the department. The Town Board shall have the power to suspen,d, without pay, pending 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 s~all be entitled tQ full pay from the date of 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 district in which the town O~ Southold is located in the manner provided by article 78 of thel civil practice law and rules, provided that the preceeding is commenced within thirty days from the determination of such convictioniby the Town Board~ "This local law shall take effect immediately." SUPERVISOR ALBERTSON: Thank youlMr. Tasker. This local law is a copy of a New York State Law and can be adopted automatically by the Town Board. However, at the last hearing, many people went out with the impression that there would be another hearing. We had a secondlhearing so everyone will be g~ven a change to be heard. We are here as a board to hear your thoughts on this, and when you give your thoughts we ask you to come up and use the microphone and give your name to the secretary. At this time we would like to hear from any person in favor of this local law. law ? SUPERVISOR ALBERTSON: Anyone wish to be heard in favor of this (There was no response.) SUPERVISOR ALBERTSON: Anyone at all wish to be heard in favor of this? MR. PAT GORMAN: (Mr. Gorman was in favor of this local law, and he read a resolution adopted by the Democratic Party. The resolution said that there should be three commissioners: one Republican, one Democrat, and one Independent. Mr. Gorman would like to see this law adopted) (Most of what Mr. Gorman said was no'audible) ~. MARTIN SUTER, Mattituck: Mr. Supervisor, My name is Martin Suter, from Mattituck, I would like to see'the Town Board adopt this. SUPERVISOR ALBERTSON: Thank youi~Lr. Suter. Anyone else wish to be heard? ROBERT TRUBENBACH, Southold: I think there needs to he some clarification between Article II, an~ Article /V. I think that a commissioner should be a full time j~b so that the voter knows who to call up. SUPERVISOR ALBERTSON: The law g~es us an opportunity to have three commissioners. Anyone else.~inl favor of this law. JOSEPH HAYES: I am not here to be pro or con for this police have several question~ I would like to ask the Board. department. We speak of department constablualryi , this law put before us. Please explain the origin of this program. SUPERVISOR ALBERTSON: Constabulary has been going on in Southold Town for some time. We use to have one constabulary. If the need for additional policemen came along, additional constables were added to the force. In order to have some discipline, we have a list and we appoint a sergeant so that we have someone in charge at all times. As a department before ~e did not have these people in daarge. Your next question may be, iwhy didn't we change to a department a long time ago. All ouE present force is civil service. As a constabulary you could only ge~ those people from the Town of Southold. But as a department you Will get people from both Nassau and Suffolk County. Our present force is made up of Southold boys. This is one thing we~have to lose when we go into a department. JOSEPH HAYES: How wide scale is this civil service test? Is this County? SU]~ERVISOR ALBERTSON: ThisLis a New York State Test. I don't know civil service law, so if I'm wrong someone may correct me. The County gives the examination and anyone from Nassau and Suffolk Counties may take this test. If I am wrong ~ will be corrected. When you get this l~st, it might have several names on it. We are putting two men on in the Town of Southold. Our boys did very well. One was about 90 and the other about 95. JOSEPH HAYES: As a police department, is this going to cost us any more money? SUPERVISOR ALBERTSON: I see no reason why it should cost any more. We have future need for addtional policemen. We try n~ to have any~ more than necessary, but whether or not we are a constabulary or department, it will be the same. JOSEPH PL%YES: It says this law will become effective immediately. Will you please give us some tentative date. SUPERVISOR ALBERTSON: I can't give you a date. I am only one member of the Board, and I can't speak for the rest of the Board. JOSEP~ PLAYES: A month or so theh perhaps? SUPERVISOR ALBERTSON: Possih!~' JOSEPH PL~YES: What is the present feeling of the Board. What type of commission will you establish. SUPERVISOR ALBERTSON: If it is Set up, I don't know who will be commissioner at this point. JOSEPH PL%YES: Thank you~ SUPERVISOR ALBERTSON: Any one e~se wish to he heard? ALFRED MAB~.RR: Cedar Beach, Southold: I just want to state tonight, coming from Southoid, that I am in favor of this. I think the Town of. Southold will benefit tremendousl~ from having a police department. I think that a commission should be ~omeone who knows something about police work. I would like to ask th~ Board one question, those members that did not go along with this propQsal~ what would they rather have2 SUPERVISOR ALBERTSON: I am one ~ember of the Board, and can"t speak for the others,however~ one me~er of the Board felt that there wasn't any need to have another hearing. themselves~ they can. Anyone else in favor of this law? If others want to speak for ALBERT MARTOCCHIA: Mr. Supervisor, and members T reside in Greenport, outside the incorporated ~-illageo favor, of this new home rule~ with charge of the policemen of the Town Board, I am in in the hands of the Town Board. I am in favor of this~ but there should be no commissioner° Charge should be with the Supervisor, and the members of the Board control the whole thing. SUPERVISOR ALBERTSON: Thank you Mr. Martocchia~ Anyone else wish to be heard in fa~r of this? SMITH PURCELL: The last time we.had a hearing on this Local Law No. 2t I was against it. I am glad thatthe Town decided to have another hearing. I am in favor of this new law. SUPERVISOR ALBERTSON: Anyone els:e wish to be heard in favor? HAROLD PIUDSON: I am a taxpayer iR Southold Town. Just have a couple of question I wo~ld like to as~ the Board. Has the Board decided who will be chief? SUPERVISOR ALBERTSON: That hasn'~ ~een decided. HAROLD PIUDSON: About this test and the scale system. You give some many points to this one and thatlone. Were so many points given to everyone who passed the test? SUPERVISOR ALBERTSON: About 600 people in the County, Nassau and Su£folk~ took the police examination, i Our two patrolmen who passed were in the 90 group. HAROLD HUDSON: I was wondering about the scale system. SUPERVISOR ALBERTSON: When someone 'brakes the test~ it is marked by Civil Service and it is sometimes scaled. So if a group of people are taking the examination and the highest mark is 85 and they feel that the highest should be 100, they could add 15 points. HAROLD HUDSON: Suppose it is 50? SUPERVISOR ALBERTSON: I don"t know. PL%ROLD HUDSON: If a man doesnt pass the test~ just give him 15 or 20 points to ~us~ him up to pa.ssing. SUPERVISOR ALBERTSON: The mark Would be scaled for everyone who took the test. HAROLD HUDSON: Than the test isn't a true test of a man~s ability to pass the test, right? SUPERVISOR ALBERTSON: You are going to make me say that? HAROLD HUDSON: Well~ you should~say something. SUPERVISOR ALBERTSON: Anyone else wish to be heard in favor of this? KENT RENNELL: I would like to hSvemy name put down as being in favor of this local law. SUPERVISOR ALBERT$ON: Anyone else in favor of? (There was no response.) SUPERVISOR ALBERTSOM: Anyone else at all wish to be heard in favor of this local law? (There was no response.) SUPERVISOR ALBERTSON: Anyone wish to be heard in oppostion to this local law? '(There was no response.) SUPERVISOR ALBERTSON: Anyone wish to be heard one way or the other? FRAATK RIVIA: $~. Supervisor and members of the Town Board, my name is Frank'Rivia, district attorney's office in County of Suffolk. I have had experience with the F.B. Io I have also had 5 years experience with the Nassau County Police Department and here in the County of Suffolk for 3 years and I ask you and the members of the Board to wiegh this law before you pass judgment on it. (Mr. Rivia went on to explain that civil service is not a cure all. That a man could be a genius and get a very high mark on~a Civl~ Service test, however, he may not be any good at all in pol$ce work. Mr. Rivia also stated that the same thing could be true with a girl hired for office work from a civil service list . ) SUPERVISOR ALBERTSON: Anyone el~e wish to speak one way or the other? (There was no response.) SUPERVISOR ALBERTSON: Anyone at all? PAT GORMAN: (Mr. Gorman again spoke of the Democratic resolution.) Mr. Supervisor~ to pick a chief SUPERVISOR ALBERTSON: hearing. I would like to ask at this time~ does the Board intend from the three who passed the test~ That question does not pertain to this PAT GORMAN: Is it not part of the hearing? SUPERVISOR 2~LBERTSON=~_This ia a hearing on a proposal to set up a police department. PAT GORMAN: (Mr. Gorman was in favor of having those men presently on the force being kept on if they passed the test.) "Do we have someone in chage of the police~" SUPERVISOR ALBERTSON: Yes we do, we have the same one for the last year. PAT GORMAN: M_a~; I ask his name? SUPERVISOR ALBERTSON: Theodore Howard. I thought you knew that. PAT GORMAN: I di~ln~t think that he was still in cha~ge, I knew we had a chief. (Mr. Gorman went on to say that he felt that the policemen should be well compensated because when they go on duty they are never sure wha~ they might run into. He said that most of these men are family men and should have adequate salaries.) SUPERVISOR ALBERTSON: Anyone else wish to be heard one way or the other? (There was no response.) SUPERVISOR ALBERTSON: If no one else wishes to speak we will close the hearing at this time, and thank you all very much for coming out on a aainy night° l', ",l!'l"lt'l ('Il ;'l I~.l,l( Law ~l~ting to .~he Sou~h~ld~L S~d local ~w. ~rov~des pShce, such~ number o~ ~c~ ~Ime znd o~er o~ic~s ~nd em~ ployees 'as sh~l ~ ~e~mined by ~h~ To~ ~oard; ~thor~s ~he To~ ~ Bo~d by resoIu~on te establish bo~d lo retake, adopt ~d eAr.ce ~les, t~ of chm~ ~mst memb~s of ~d pohce dep~ and t~ '~RE, ~uant '~ the Tm~ Bo~.'d;~ of .the To~m of Sodth-I afcre~ ]~ 1~' at the GreenDort High School, ~. Strut. ~re~Do~, P. ~. on the 28th day oi ~ptember, ' ~BE~T W_ ~IO~O~' -~)TOWK C~K COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA]-I'ITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long lslancJ Zraveler-Mattituck Watch- man once each week for ........ ~..~/~,~.~./.,~.,/week~/ successively, commencing on ne ......... ./.._.~ ...................... S~rn to~o me ~his .:.._/._.~. ..... day a~ -~. -~...~ ............. , ~-~--~- .......................... ~-.~..~. .... Commission Expire~ March 30, 15,~ ~ ~'