STATE OF NEW YORK
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4836
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
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Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Local Governments
AN ACT allowing for the creation of a joint police department 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. General. Notwithstanding the provisions of section 121-a of
2 the general municipal law, or any law, general or special, to the
3 contrary, the town boards of the town of Webb, Herkimer County, and town
4 of Inlet, Hamilton County, are hereby authorized, upon approval of a
5 proposition duly submitted to the voters in such towns and upon a major-
6 ity vote by the governing bodies of Herkimer and Hamilton Counties, to
7 establish a joint town police department with jurisdiction over both
8 towns pursuant to the provisions of this act.
9 § 2. Town proposition and joint town laws. (a) The proposition to be
10 submitted to the voters in such towns may be submitted at a general or
11 special election of each town.
12 (b) Upon the approval of a proposition by the electorate of each town,
13 the town boards shall meet in joint session, at a time and place to be
14 determined by agreement of such boards, and organize such joint police
15 department and establish rules and regulations governing the same,
16 including, but not limited to when such joint department shall begin
17 operations. A copy of the resolution, referendum vote, and all local
18 laws relating to the establishment and operation of a joint police
19 department shall be provided to and filed with the town clerks of the
20 towns of Webb and Inlet; additionally, upon establishment of a joint
21 department, notification shall be provided to Hamilton County and
22 Herkimer County, and the State of New York.
23 (c) Local laws establishing rules and regulations of a joint police
24 department as authorized by this act shall, at a minimum:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08715-01-9
A. 4836 2
1 (i) Provide for the appointment of a chief of police for such joint
2 police department;
3 (ii) Provide for funding, and, if necessary, apportionment between the
4 towns, required to operate the joint department through an annual joint
5 resolution of the town boards;
6 (iii) Provide for the titles of the police officers and civilian
7 employees of the joint police department; and
8 (iv) Provide for a means to coordinate all employment determinations
9 for the joint department between the respective towns, counties and any
10 other entities necessary to the process.
11 § 3. Property. The joint police department shall be empowered to hold
12 title to property and shall take title to all real and personal property
13 currently held by the towns of Webb and Inlet police departments.
14 § 4. Obligations. The joint department shall be subject to all appli-
15 cable contractual obligations entered into by the town of Webb police
16 department and the town of Inlet police department.
17 § 5. Discontinuing of joint police department. The town of Webb and/or
18 the town of Inlet may discontinue their participation in the joint
19 police department by means of a four-fifths vote of either of the town
20 boards. In the event that either or both towns vote to discontinue the
21 joint police department, then the department shall be deemed dissolved,
22 and the assets of the department shall be divided between the town of
23 Webb and the town of Inlet.
24 § 6. This act shall take effect immediately.