N.Y. General Municipal Law § 209-f: Outside service by local police forces; mobilization by governor; powers of sheriffs

§ 209-f. Outside service by local police forces; mobilization by

governor; powers of sheriffs. 1. Whenever the public interest requires

it, the governor may, in his discretion, authorize and direct the

superintendent of state police, the sheriff of a county, the

commissioner of the Nassau county police department and the head of the

police department or force of any county, city, town or village of the

state, to detail, assign, and make available for duty and use in any

county, town, city or village of the state requesting their aid,

assistance and use, under the direction and command of such officer as

the governor may designate, all or any part of the deputies, forces,

equipment and supplies under the command and control of such

superintendent, sheriff, commissioner or head, as the case may be. While

engaged in duty and rendering service in such county, town, city or

village, the deputies, officers and members of such police forces shall

have the same powers, duties, rights, privileges and immunities as if

they were performing their duties in the civil or political subdivision

in or by which they are normally employed.

2. a. Notwithstanding any inconsistent provision of law, general,

special or local, the sheriff of any county may, when the public

interest requires it, declare a state of special emergency in any part

or parts of his county where the public peace is threatened or where

life or property may be endangered, after first advising the governor,

by telegram, facsimile or other electronic means that he is about to do

so.

b. During the continuance of any such emergency so declared and until

it has been terminated by the sheriff who declared it or by the

governor, the sheriff who declared such emergency: (1) May, after having

received a request for aid from the chief executive officer of a city,

town or village located within his county, request the chief executive

officer of any other city, town or village located within his county,

and the administrative head of any parkway police force and any state

park police force which operates within his county, and the head of a

county police department in his county, to detail, assign and make

available for duty and use in the city, town or village requesting the

aid, a part of the forces, equipment and supplies of the police

department or police force of the municipality, parkway and state park

police force, and county police department whose aid is requested, and

the chief executive officer of such city, town or village, and the

administrative head of such parkway and state park police force, and the

head of a county police department, is hereby authorized and empowered

to grant any request so made, and (2) shall have the power to request

any or any number of sheriffs in the state to aid him by detailing,

assigning and making available to him, for duty and use in his county,

such number of their deputy sheriffs as may be available, together with

equipment and supplies, and to deputize as emergency special deputy

sheriffs of his county any or all personnel so supplied by the sheriff

of any other county, and the sheriff of any county to whom such a

request is made is hereby authorized and empowered to grant any request

so made.

c. All or any part of the personnel, equipment and supplies furnished

by the sheriff of another county in response to a request therefor, as

aforesaid, may be detailed, assigned and made available for duty and

use, by the requesting sheriff, (1) in a city, town or village which had

requested aid, as aforesaid, provided there is need therefor to

supplement the aid already provided by another municipality or by a

parkway and/or state park police force, or a county police department,

or any combination thereof, or if there is need therefor because no such

aid was provided, or pending the arrival of such other aid, and (2) in

any part of the county of the requesting sheriff which is outside a city

or incorporated village and which, in the opinion of the requesting

sheriff, is in need thereof to maintain the public peace or to prevent

life or property becoming endangered.

d. While engaged in duty and rendering service in any city, town,

village or elsewhere, as aforesaid, the officers and members of any such

police department or police force, and any responding sheriff and his

deputies, so assigned and made available for duty and use shall have the

same powers, duties, rights, benefits, privileges and immunities as if

they were performing their duties in the civil or political subdivision

in or by which they are normally employed, and all thereof, for the

purpose of the workmen's compensation law, shall be deemed to be engaged

in the course of their employment from the time they report for such

duty until they return to the civil or political subdivision in or by

which they are normally employed.

e. The chief executive officer of a municipality who requested aid, as

aforesaid, with the consent of the chief of police of his police

department or police force if any such there be, may deactivate any or

all of the manpower furnished, upon his request for aid, by another

municipality, parkway and/or state park police force, and/or a county

police department. Manpower so furnished as aid to a municipality not

having a police department or force may be deactivated by the chief

executive officer thereof with the consent of the sheriff of the county

in which it is located.

f. A municipality may, by local law, delegate to the chief of police

of its police department or police force the power hereby granted to its

chief executive officer to request aid.

g. If the chief executive officer of any such city, town or village is

absent or disabled, the chief of police thereof may make such request

for aid, grant a request therefor, and deactivate manpower furnished in

response to request therefor. If any such municipality does not have a

chief of police a person empowered by the local legislative body may so

act, except with respect to deactivating manpower furnished upon

request.

h. As used in this section: (a) The term "chief executive officer"

shall mean: (1) In the case of a city the mayor, except in a city having

a city manager where it shall mean such city manager, and (2) in the

case of a town the supervisor or presiding supervisor, and (3) in the

case of a village the mayor, except in a village having a president or

manager where it shall mean such president or manager; (b) The term

"municipality" shall mean a city, town or village.

(i) All powers vested in the sheriff by this section shall only be

exercised in the county of Nassau by the county executive of Nassau

county.