HomeMy WebLinkAbout1995_5_3_Local_Law_No_7 LOCAL LAW NO. 7 -1995
This Local Law shall amend Local Law No. 5-1984, entitled "Police
Commissioner, Town of Mamaroneck".
§ 1. Purpose.
The purpose of this local law shall be to provide for the
efficient administration of the Police Department the Town.
§ 2. Board of Police Commissioners.
The Town Board hereby establishes a Board of Police
Commissioners which shall consist of the Town Board.
The Supervisor shall chair the Board of Police Commissioners.
§ 3. Powers of the Board of Police Commissioners
The Board of Police Commissioners shall have all of the powers
and duties granted to a Board of Police Commissioners under Chapter
104 of the Laws of 1936, as amended, except to the extent those
powers or duties are otherwise delegated to the Chief of Police by this
local law.
§ 4. Powers of the Chief of Police
A. The Chief of Police shall hire, discipline and promote
members of the Department, establish departmental rules and
regulations and be responsible for the day-to-day operation of the
Department, all subject to approval by the Board of Police
Commissioners and all other applicable laws governing such activities.
B. In carrying out the day-to-day operations of the Department,
the Chief of Police shall have reasonable discretion to take such actions as
are necessary to ensure the safe and efficient operation of the
Department, in a manner consistent with accepted police practices;
provided, however,that fundamental policy changes, including those
which should properly be included in Department rules and regulations,
shall be subject to the restrictions contained in Subsection A of this
section.
C. The Chief of Police shall periodically, and not less than
quarterly, report to the Board of Police Commissioners personally on the
status of the Police Department and its personnel.
D. Except as to the discipline of the Chief of Police, all formal
departmental disciplinary charges shall be brought by the Chief of Police,
subject to the requirements of applicable law.All such charges shall be
heard by a hearing officer appointed by the Board of Police
Commissioners. In the case of discipline of the Chief of Police, such
charges shall be brought by the Board of Police Commissioners and shall
be heard by a hearing officer appointed by the Board of Police
Commissioners.
E. In all other instances the Board of Police Commissioners shall
be granted all the powers and duties granted to a Board of Police
Commissioners under Chapter 104 of the Laws of 1936, as amended.
§ S. Inconsistencies with State Law
It is the purpose and intent of this local law to supersede Chapter
104 of the Laws of 1936, as amended, as it relates to the powers and
duties of the Chief of Police and the Board of Police Commissioners.
The Town Board, pursuant to the authority granted to the Town Board
by the Municipal Home Rule Law, may supersede such a special act of the
legislature, and to the extent that such special act of the legislature is
inconsistent with this local law,then Chapter 104 of the Laws of 1936, as
amended, is hereby superseded.
§ 6.Applicability of other laws.
In all other respects,the Police Department of the Town of
Mamaroneck shall be governed by applicable law.
§ 7. Repeal
Local Law Number 5 of 1984, as subsequently amended, is hereby
repealed.
§ 8. Severability
Should any provision of this law be declared invalid by a court of
competent jurisdiction, such declaration shall not invalidate any remaining
provision of this law which may otherwise be given effect.
§ 9. Effective Date
This law shall become effective immediately.