N.Y. General Municipal Law § 121-a: Creation of village and town police department in certain towns and villages

§ 121-a. Creation of village and town police department in certain

towns and villages. Notwithstanding the provisions of any law, general

or special, the town board or boards of a town or towns in the same

county and the board or boards of trustees of an incorporated village or

villages located wholly within such town or towns, may, upon the

adoption of propositions therefor duly submitted in such town or towns

and village or villages, determine to create a joint town and village

police department for such town or towns and village or villages. The

proposition to be submitted in such village or villages may be submitted

at a general or special election of each village and the proposition to

be submitted in such town or towns may be submitted at a general or

special election of each town. Upon the adoption of a proposition

therefor as herein provided, the town board or boards and the board or

boards of trustees of the village or villages shall meet in joint

session, at a time and place to be determined by agreement of such

boards, and organize such joint police department and establish rules

and regulations governing the same. Such boards shall at such meeting,

by a majority vote, appoint a chief of police for such joint police

department. Such chief of police shall be a resident of the area covered

by such joint department and be subject to the control, direction and

supervision of such joint boards. Such chief of police shall be

appointed for a term of office of three years, and shall receive such

compensation as the town and village boards at joint session may

determine. A chief of police may be removed by joint action of the town

and village boards upon written charges for malfeasance or misfeasance

in office. Such charges shall be filed in duplicate in the offices of

the town and village clerks and a copy thereof served personally on the

chief of police. The town and village boards shall, in joint session,

designate a time and place for a hearing upon such charges and cause

notice of such hearing to be served personally upon the chief of police

at least five days before the day set for the hearing. The town and

village boards shall hear the evidence in support and in defense of such

charges and by majority vote make an order sustaining or dismissing the

charges. An order sustaining the charges shall operate as a removal and

the town and village boards shall thereupon appoint another person to

fill the vacancy. The person so appointed shall hold office for the

balance of the unexpired term or until the entry of a final order by a

court of competent jurisdiction determining that the chief of police was

wrongfully or unlawfully removed. An appeal to the county court may be

taken by the chief of police removed within thirty days after personal

service of a copy of such order of removal. The county court shall

consider the charges presented and review the evidence taken before such

joint board. It may hear additional evidence and shall make such

determination as justice requires. A copy of such order shall be filed

in the offices of the town and village clerks. An order by the county

court determining the charges shall, upon such filing, act as the

reinstatement of the person removed. The board or boards of trustees of

each village shall appoint village police officers for service inside

the area covered by such joint department, and the town board or boards

shall appoint town police officers for service inside the area covered

by such joint department. Such town and village police officers shall be

appointed for such terms of office and receive such compensation as the

town or village board may determine. The expense of village police

officers, chargeable by law to a village shall be a charge against the

village employing them, and the expense of the town police officers

chargeable by law to a town, shall be a charge against real property in

the town employing them situated outside of such participating village

or villages. The salary of the chief of police and other expenses of the

department, except compensation of village and town police officers,

shall be apportioned between the village or villages and the town or

towns by such boards in joint session. The portion of such expense to be

borne by a town shall be a charge in that portion of the town situated

outside of such participating village or villages and the portion to be

borne by a village a village charge. Upon the creation of a joint town

and village police department as herein provided, the term of office of

all town constables heretofore elected in such town or towns shall

terminate and thereafter no constables shall be elected in any such

town, unless and until such police department is abolished as

hereinafter provided. A joint police department established as provided

by this section may be abolished upon the adoption of a proposition duly

submitted at a general or special village or town election to take

effect on January first succeeding the next general election at which

town officers are elected.

Whenever the town board of a town or towns in the same county and the

board of trustees of an incorporated village or villages located wholly

within such town or towns, either create or abolish a joint town and

village police department, the joint board taking such action shall

notify the commissioner of the division of criminal justice services of

the action taken by them within thirty days of such action.