[Amended 11-8-2021 by L.L. No. 12-2021]
The City Manager shall be head of the Department
of Public Safety. The head of the Department of Public Safety shall
have charge of the Police Department and all buildings and properties
connected therewith and of providing for the safety, care, comfort
and protection of the inhabitants of the city and their property.
In case of riot, conflagration, insurrection or other public emergency,
the City Manager may take command of the Police Department and Fire
Department until the riot, conflagration, insurrection or other public
emergency shall have terminated.
The Commissioner of Public Safety shall have
cognizance, jurisdiction, supervision and control of the government,
administration, disposition and discipline of the Police and Fire
Departments and of the officers and members of said Departments and
shall possess and exercise all powers and perform all duties pertaining
to the government, maintenance and direction of said Departments and
the apparatus and property thereof and buildings furnished therefor,
subject to the approval of the Common Council.
The Commissioner of Public Safety, subject to
the approval of the Common Council, shall make, adopt and enforce
such reasonable rules, orders and regulations, not inconsistent with
law, as may be reasonably necessary to effect a prompt and efficient
exercise of all the powers conferred and the performance of all duties
imposed by law upon the Commissioner or the Departments under his/her
jurisdiction.[1] The Commissioner is authorized and empowered to make,
adopt, promulgate and enforce reasonable rules, orders and regulations
for the government, discipline, administration and disposition of
the officers and members of the Police and Fire Departments, and for
the hearing, examination, investigation, trial and determination of
charges made or prepared against any officer or members or said Department
for neglect of official duty or incompetency or incapacity to perform
any official duties or some delinquency seriously affecting any general
character or fitness for the office, and may, in the exercise of discretion,
furnish any such officer or member found guilty thereof by reprimand,
forfeiting and withholding pay for a specified time, suspension during
a fixed period or dismissal from office; but no officer or member
of said Departments shall be removed or otherwise punished for any
other cause nor until specific charges in writing have been preferred
against and served upon that individual and that individual shall
have been found guilty thereof after reasonable notice and upon due
trial before said Commissioner in the form and manner prescribed by
law and the rules and regulations of the Department.
There shall be a Career Civil Service Fire Chief, who shall
be the head of the Fire Department and who shall be under the direction
and supervision of the City Manager as provided in §§ Cl0a(d)(1)
and (2), C75, C76 and C77 herein. The Career Civil Service Fire Chief
shall be appointed by the City Manager, in accordance with the New
York State Civil Service Law, and shall meet the qualifications therein.
The appointment shall be subject to the approval of the Common Council.
The officers and members of the Fire Department
of the City of Peekskill as now constituted shall be and remain the
officers and members of the Fire Department of the City of Peekskill.
[Amended 12-27-2020 by L.L. No. 12-2022]
The Volunteer Fire Department, as constituted
at the time this act takes effect, shall have the power to elect a
Volunteer First Assistant Fire Chief and a Volunteer Second Assistant
Fire Chief and to fill vacancies occurring in such offices, to elect
a Captain and necessary assistants and a Secretary for each of the
respective companies, and other officers as provided by the rules
and regulations of the Peekskill Fire Department adopted by the Village
of Peekskill, June 14, 1928,[1] as amended and to fill any vacancies which may occur in
their ranks, provided that no such company shall exceed the number
of members fixed by the Council. Subject to the Career Civil Service
Fire Chief's and said Commissioner's approval, said companies may
adopt bylaws for their government and may impose fines and penalties
for the violation thereof. Any company may expel any member for improper
conduct or neglect of duty, provided a majority of all its members
concur therein, pursuant to its bylaws. During the time such companies
shall remain duly organized, they shall have the custody of the apparatus
of the Fire Department, subject to the paramount possession, authority
and control of said Career Civil Service Fire Chief, Commissioner
and the Council.
The 1928 Rules and Regulations of the Peekskill
Fire Department, as amended, are hereby incorporated and made part
of this section by reference and thereby have the force and effect
of law.
The Career Civil Service Fire Chief of the Fire
Department, under the direction of the Commissioner of Public Safety,
shall have the supervision and management of the officers and members
of the Department as a whole, both Career and Volunteer members, and
shall perform such duties prescribed by said Commissioner as may be
approved by the Council.
The Police Department shall have the power and
it shall be its duty to protect life and property, prevent crime,
detect and arrest offenders, preserve the public peace, enforce all
laws and ordinances over which the Police Department has jurisdiction
and execute all criminal processes in accordance with law.
There shall be a Chief of Police, who shall be the head of the Police Department and who shall be under the direction and supervision of the City Manager as provided in §§ C10a(d)(1) and (2), C75, C76 and C77 herein. The Chief of Police shall be appointed by the City Manager, in accordance with the New York State Civil Service Law, and shall meet all qualifications therein; and subject to approval of the Common Council.
The Police Chief shall be the commanding officer
of the Police Department and shall be responsible to the City Manager
for the execution of all laws, rules and regulations of the Department,
which shall include but not be limited to the apprehension of violators,
the protection of the citizens and the maintenance of high standards
of efficiency within the Department. The Police Chief shall exercise
supervision over subordinate police officers in the Department. The
City Manager may delegate his/her disciplinary powers to the Chief
of Police at such times and in such degree as may be determined in
the sole discretion of the City Manager.
(a)
The Chief
of Police shall be required to maintain a place of permanent residence
in the City of Peekskill within 180 days of the commencement of employment.
The City Manager shall appoint, with the consent
of the Common Council, such number of police officers and supervisory
officers as the Common Council may determine. The City Manager may
also appoint special officers, with the consent of the Common Council,
for such purposes and upon such occasions as may be deemed proper,
if not in conflict with law or this Charter. Such special officers
shall be authorized to issue appearance tickets for violation of city
ordinances relating to parking, licensing of occupations or businesses,
fire prevention and safety, health and sanitation and building, zoning
and planning. The officers of this Department shall hold office during
good behavior or until permanently incapacitated or unfit to discharge
their duties, or until separated from service in accordance with the
Civil Service Law or this Charter or upon resignation.
The Council may make, adopt and authorize the
enforcement of such rules, orders and regulations and may increase
or decrease the personnel of the Department, not inconsistent with
law, as may be necessary to ensure the prompt and efficient exercise
of all the powers conferred and the performance of all the duties
imposed by law upon the Commissioner of Public Safety and the departments
under the Commissioner's charge. The Commissioner of Public Safety,
subject to the approval of the Common Council, shall make and enforce
rules for the government and discipline of all members of the Police
and Fire Departments, including both volunteer and career staff, and
for the hearing and determination of charges made against any such
member, and may punish any such member found guilty, by reprimand,
fine or forfeiture and withholding of pay, suspension or dismissal.
It shall be the duty of every member of the
police force of the city observing or having any knowledge of any
incident from which a cause of action might arise against the city,
forthwith to report the facts in connection with such incident in
writing to the Chief of Police, who shall forthwith transmit a copy
of the same to the Corporation Counsel; and upon the request of said
Counsel, the Chief of Police shall detail members of the force to
aid in the investigation of claims against the city for injuries to
persons or property.
