HomeMy WebLinkAbout1992_1_22_Local_Law_No_1 LOCAL LAW NO. 1-1992
This Local Law shall amend Local Law No. 5-1984, entitled "Police
Department Town of Mamaroneck. "
Section 1. Purpose
The purpose of this local law shall be to provide for the efficient
administration of the Police Department of the Town.
Section 2 . Board of Police Commissioners
Section 59-7 is hereby amended by adding to the end of that section
the following language:
The Town Board may, by resolution, in place of a single police
commissioner, designate a Board of Police Commissioners which shall
consist of three members of the Town Board. Upon the adoption of
such a resolution by the Town Board, the Supervisor shall annually
appoint three members of the Town Board to serve as the Board of
Police Commissioners, as provided for herein. The Supervisor shall
chair the Board of Police Commissioners, unless the Supervisor is
not a member, in which case the Supervisor shall designate one
member to act as chair.
Section 3 . Duties of the Board of Police Commissioners
Add a new Section 59-8A which shall read as follows:
Should the Town Board by resolution appoint a Board of Police
f Commissioners:
(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 paragraph (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.
i
- 2 -
(d) Except as to 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 grante,' all of the powers and duties granted to a Board of
Police Commissioners under Chapter 104 of the Laws of 1936, as
amended.
Section 4 . Superseding State Legislation
It is the purpose and intent of this local law to supersede Chapter
104 of the Laws of 1936 , 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 Local Law No. 5-1984 of the Town
of Mamaroneck, as amended previously, and by this local law, then
Chapter 104 of the Laws of 1936, as amended is hereby superseded.
Section 5. Severability
( Should any provision of this local law be declared illegal or
unconstitutional by a court of competent jurisdiction, such
declaration shall not effect any other provision of this local law
which may be otherwise implemented and enforced.
Section 6 . Effective Date
This local law shall take effect immediately.