N.Y. Town Law § 150: Establishment of town police departments

§ 150. Establishment of town police departments. 1. The town board of

any town may establish a police department and appoint a chief of police

and such officers as may be needed and fix their compensation. The

compensation of such police officers shall be a town charge; providing

however, no assessment on property in any village within any town or

partially within any town shall be made for the maintenance or operation

of a town police department established after January first, nineteen

hundred sixty, pursuant to this section if any such village maintains a

police department of four or more police officers on an annual full-time

basis, established and maintained under the rules of civil service. The

town board may, at its option, determine that the town shall pay all or

part of the cost of the uniforms and necessary equipment of its police

officers, and may purchase such equipment for use by the police

department as it shall deem necessary, including police patrol vehicles,

and emergency service vehicles for police use in connection with

accidents, public calamities or other emergencies. No assessment on

property in any village within any town in the county of Suffolk or in

any village within the town of Fallsburgh shall be made for the

maintenance or operation of such town police department, if any such

village maintains a police department of two or more police officers on

an annual basis. In the event that a town has established a police

department prior to January first, nineteen hundred sixty, the town

board of such town may enter into an agreement with any village within

it or partially within it which maintains a police department of four or

more police officers on an annual full-time basis, established and

maintained under the rules of civil service and determine therein what

part of the cost thereof shall be assessed against the property in the

village and what part thereof shall be assessed against the property in

the town outside of the village. Thereafter such portion of the cost

thereof determined to be assessed outside of the village shall be a

charge against that part of the town outside of the village and

assessed, levied and collected from the taxable property of that part of

the town outside of the village. When appointed, such police officers

shall have all the powers and be subject to all the duties and

liabilities of a police officer in all criminal actions and proceedings

and special proceedings of a criminal nature.

2. The town board of a town in which such a police department has been

established at any time by resolution may establish a board of police

commissioners for such town and appoint one or three police

commissioners who shall at the time of their appointment and throughout

their term of office be electors of such town, 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 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 all the powers of and perform the duties of

such board of police commissioners. When either of such boards of police

commissioners shall have been established or 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 pursuant to this article. The town

board may by 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 powers conferred upon

it by this article.

3. The town board of a town, upon establishing or abolishing a police

department, shall notify the commissioner of the division of criminal

justice services of such action within thirty days thereafter.

4. Any local law which seeks to abolish a town police department shall

be subject to a permissive referendum as provided in article seven of

this chapter.