§ 121-A — Creation of village and town police department in certain towns and villages

§ 121-a. Creation of village and town police department in certain\ntowns and villages. Notwithstanding the provisions of any law, general\nor special, the town board or boards of a town or towns in the same\ncounty and the board or boards of trustees of an incorporated village or\nvillages located wholly within such town or towns, may, upon the\nadoption of propositions therefor duly submitted in such town or towns\nand village or villages, determine to create a joint town and village\npolice department for such town or towns and village or villages. The\nproposition to be submitted in such village or villages may be submitted\nat a general or special election of each village and the proposition to\nbe submitted in such town or towns may be submitted at a general or\nspecial election of each town. Upon the adoption of a proposition\ntherefor as herein provided, the town board or boards and the board or\nboards of trustees of the village or villages shall meet in joint\nsession, at a time and place to be determined by agreement of such\nboards, and organize such joint police department and establish rules\nand regulations governing the same. Such boards shall at such meeting,\nby a majority vote, appoint a chief of police for such joint police\ndepartment. Such chief of police shall be a resident of the area covered\nby such joint department and be subject to the control, direction and\nsupervision of such joint boards. Such chief of police shall be\nappointed for a term of office of three years, and shall receive such\ncompensation as the town and village boards at joint session may\ndetermine. A chief of police may be removed by joint action of the town\nand village boards upon written charges for malfeasance or misfeasance\nin office. Such charges shall be filed in duplicate in the offices of\nthe town and village clerks and a copy thereof served personally on the\nchief of police. The town and village boards shall, in joint session,\ndesignate a time and place for a hearing upon such charges and cause\nnotice of such hearing to be served personally upon the chief of police\nat least five days before the day set for the hearing. The town and\nvillage boards shall hear the evidence in support and in defense of such\ncharges and by majority vote make an order sustaining or dismissing the\ncharges. An order sustaining the charges shall operate as a removal and\nthe town and village boards shall thereupon appoint another person to\nfill the vacancy. The person so appointed shall hold office for the\nbalance of the unexpired term or until the entry of a final order by a\ncourt of competent jurisdiction determining that the chief of police was\nwrongfully or unlawfully removed. An appeal to the county court may be\ntaken by the chief of police removed within thirty days after personal\nservice of a copy of such order of removal. The county court shall\nconsider the charges presented and review the evidence taken before such\njoint board. It may hear additional evidence and shall make such\ndetermination as justice requires. A copy of such order shall be filed\nin the offices of the town and village clerks. An order by the county\ncourt determining the charges shall, upon such filing, act as the\nreinstatement of the person removed. The board or boards of trustees of\neach village shall appoint village police officers for service inside\nthe area covered by such joint department, and the town board or boards\nshall appoint town police officers for service inside the area covered\nby such joint department. Such town and village police officers shall be\nappointed for such terms of office and receive such compensation as the\ntown or village board may determine. The expense of village police\nofficers, chargeable by law to a village shall be a charge against the\nvillage employing them, and the expense of the town police officers\nchargeable by law to a town, shall be a charge against real property in\nthe town employing them situated outside of such participating village\nor villages. The salary of the chief of police and other expenses of the\ndepartment, except compensation of village and town police officers,\nshall be apportioned between the village or villages and the town or\ntowns by such boards in joint session. The portion of such expense to be\nborne by a town shall be a charge in that portion of the town situated\noutside of such participating village or villages and the portion to be\nborne by a village a village charge. Upon the creation of a joint town\nand village police department as herein provided, the term of office of\nall town constables heretofore elected in such town or towns shall\nterminate and thereafter no constables shall be elected in any such\ntown, unless and until such police department is abolished as\nhereinafter provided. A joint police department established as provided\nby this section may be abolished upon the adoption of a proposition duly\nsubmitted at a general or special village or town election to take\neffect on January first succeeding the next general election at which\ntown officers are elected.\n Whenever the town board of a town or towns in the same county and the\nboard of trustees of an incorporated village or villages located wholly\nwithin such town or towns, either create or abolish a joint town and\nvillage police department, the joint board taking such action shall\nnotify the commissioner of the division of criminal justice services of\nthe action taken by them within thirty days of such action.\n