Bill Text: NY S06532 | 2017-2018 | General Assembly | Introduced


Bill Title: Authorizes the towns of Inlet and Webb to establish and operate a joint police district.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-18 - referred to local governments [S06532 Detail]

Download: New_York-2017-S06532-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6532
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 1, 2017
                                       ___________
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the town law, in relation  to  the  establishment  of  a
          joint police district for the towns of Webb and Inlet
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The town law is amended by adding a  new  article  10-A  to
     2  read as follows:
     3                                ARTICLE 10-A
     4            JOINT POLICE DISTRICT FOR THE TOWNS OF WEBB AND INLET
     5  Section 160. Establishment  of  a joint police district for the towns of
     6                 Webb and Inlet.
     7    § 160. Establishment of a joint police district for the towns of  Webb
     8  and  Inlet.  Notwithstanding any other provision of law to the contrary,
     9  the towns of Webb and Inlet may establish a  joint  police  district  as
    10  follows:
    11    1.  The town board of the town of Webb, in the county of Herkimer, and
    12  the town board of the town of Inlet, in  the  county  of  Hamilton,  may
    13  establish  a  joint  police district to provide police services for both
    14  such towns.
    15    2. To establish a  joint  police  district  in  accordance  with  this
    16  section,  the  town  boards  of  the  towns of Webb and Inlet shall each
    17  enact, by a majority vote, a local law  to  establish  and  operate  the
    18  joint police district. The boundaries of the joint police district shall
    19  be  the  boundaries of the town of Webb and the town of Inlet, and shall
    20  include all territories within such towns. Prior to the adoption of such
    21  local law, each town board shall hold a public hearing, and a notice  of
    22  such  hearing  shall  be  published and posted in the same manner as for
    23  other local laws adopted by such towns. The local law  establishing  the
    24  joint police district may be amended by the same means and procedures as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11349-02-7

        S. 6532                             2
     1  is  required  to  establish  the  joint police district pursuant to this
     2  section.
     3    3.  The local law establishing the joint police district shall provide
     4  for the appointment of a board of police commissioners, of not less than
     5  three persons, with not less than one commissioner  being  appointed  by
     6  the  town  board  of  the  town  of Webb, not less than one commissioner
     7  appointed by the town board of the town of Inlet, and not less than  one
     8  commissioner  appointed  by the other commissioners. The board of police
     9  commissioners shall be the governing body of the  police  department  of
    10  the  joint police district, and its commissioners shall each serve for a
    11  term of four years. The local law establishing the joint police district
    12  shall specify what, if any pay, compensation or  benefits,  to  which  a
    13  police  commissioner may be entitled. A commissioner appointed by a town
    14  board may be removed for cause by the town board of that town,  and  the
    15  commissioner  appointed  by  the  other commissioners may be removed for
    16  cause by a unanimous vote of the other such appointing commissioners.
    17    4. The local law establishing the joint police district shall  further
    18  provide  for an ad valorem real property tax on all real property within
    19  the district to support and fund the costs and  expenses  of  the  joint
    20  police  district.    For  all state property located in the joint police
    21  district, which is in whole or in part within the Adirondack  park,  the
    22  state  of  New  York shall be assessed and shall pay the ad valorem real
    23  property tax to support and fund its assessed share  of  the  costs  and
    24  expenses  of the district.  All assessments for, and collections of, the
    25  ad valorem real property tax to support the joint police district  shall
    26  be performed by the town in which the real property is located.
    27    5.  The local law establishing the joint police district shall further
    28  provide that the board of police commissioners shall annually provide  a
    29  budget  for  the  costs  and  expenses of the joint police district, and
    30  shall submit such budget to the town boards of the  towns  of  Webb  and
    31  Inlet  for  their  approval.  Approval  of  such  submitted budget shall
    32  require the majority approval of each of the town boards of the towns of
    33  Webb and Inlet. If either or both such town boards fail to  approve  the
    34  budget  submitted  by the board of police commissioners, then the budget
    35  shall be returned to the board of police  commissioners  for  amendment,
    36  and  may  thereafter,  after such amendment, be resubmitted back to such
    37  town boards for their reconsideration. Until such time as a  budget  for
    38  the  joint  police  district  is  approved,  the  budget  which was last
    39  approved by the town boards of the towns of Webb and Inlet for the joint
    40  police district shall remain in force and effect.
    41    6.  All  employment  decisions,  including  appointments,  dismissals,
    42  promotions,  discipline  and  force  deployments,  for  the joint police
    43  district shall be performed  and  determined  by  the  board  of  police
    44  commissioners.  Any contract with any employee organization representing
    45  members of the police officers or civilians employed by the joint police
    46  district, shall be negotiated by and approved by a majority vote of, the
    47  board of police commissioners. The  local  law  establishing  the  joint
    48  police  district shall provide for the titles of the police officers and
    49  civilian employees of the joint police district.
    50    7. The joint police district, by a  majority  vote  of  the  board  of
    51  police  commissioners, shall be empowered, but shall not be required, to
    52  accept any and all assets or personnel from the town of Webb and/or  the
    53  town of Inlet. Upon the acceptance of any such assets, the title to such
    54  shall become the property of the joint police district.
    55    8.  The  town  of  Webb and/or the town of Inlet may discontinue their
    56  participation in the joint police district by  means  of  a  four-fifths

        S. 6532                             3
     1  vote  of  its town board. In the event that either or both towns vote to
     2  discontinue the continuation of the  joint  police  district,  then  the
     3  district shall be deemed dissolved, and the assets of the district shall
     4  be  divided  between the town of Webb and the town of Inlet on the basis
     5  of the percentage of the ad valorem real property tax paid by the  prop-
     6  erties within each town to support the joint police district.
     7    § 2. This act shall take effect immediately; provided however, that in
     8  the event a joint police district is established pursuant to this act by
     9  the  town  of Webb and the town of Inlet by local law, such joint police
    10  district shall commence operation on the first of January following  the
    11  enactment of such local law.
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