[Adopted 12-21-2015 by L.L. No. 8-2015]
Seven positions of special police are hereby established pursuant
to Town Law § 158 and § 10 of the Municipal Home
Rule Law. The Town may in its discretion appoint special police to
fill any or all of the positions established by this article and this
article supersedes Subdivision 1 of § 158 of the Town Law
with respect to the number of special police officers appointed.
A.
Such special police shall be appointed by resolution of the Town
Board in accordance with the provisions of § 158 of the
Town Law and § 10 of the Municipal Home Rule Law. Such special
police shall serve at the pleasure of the Town Board and shall have
the same power conferred upon special police by § 158 of
the Town Law.
B.
The special police appointed by the Town Board shall be subject to
the general authority and direction of the Town Board, and the Town
Police Commission and to such orders and regulations as the Town Board
may prescribe not inconsistent with law. Such special police shall
serve at the pleasure of the Town Board and shall supplement the needs
of the Town Police Force where necessary.
C.
Such special police shall be appointed in accordance with the Civil
Service Laws and Rules. Special police are part of the classified
service under Civil Service Law § 40 and are under the exempt
class.
The special police shall be under the authority and control
of the Town Board and if the Town Board appoints a Chief of Special
Police of the Town of Fallsburg.
The special police shall serve at whatever compensation will
be set by the Town Board and compensation shall be fixed at a rate
commensurate with the task assigned, as determined by the Town Board
in their sole discretion.
The special police are peace officers having the same powers
and authority as are conferred upon constables by general laws of
the state only when on duty.
The Town shall purchase uniforms and equipment for such special
police and provide any and all necessary training. There shall be
a provision in the annual budget for the expenditures incurred in
providing uniforms, equipment, and training.
The duties of the special police shall be limited to the following:
A.
Traffic control at special events and proceedings and at such times
as the Town Board and/or the Town Supervisor deem necessary, under
the supervision and direction of the Chief of Police.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
B.
Crowd control and security at special events and proceedings and
at such times as the Town Board and/or the Town Supervisor deem necessary,
under the supervision and direction of the Chief of Police.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
C.
Assist Town of Fallsburg Police officers as special police officers
when available and directed by the Chief of Police.
D.
Providing security and support in the Justice Court of Town of Fallsburg.
It is the intention of the Town of Fallsburg to provide its
special police officers with the benefits of the Workers' Compensation
Law and deem such officers to be employees within the meaning of that
term, as defined by § 2 subdivision 4, of the Workers' Compensation
Law, when any one or more such special police officers is engaged
in one or more of the duties of a special police officer.
Pursuant to the laws of the State of New York and specifically
Municipal Home Rule Law § 10, the Town of Fallsburg will
waive the residency requirements set forth in New York State Public
Officers Law § 3 and New York State Town Law § 23
for the positions of special police officer of the Town of Fallsburg.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State.
