§ 209-F — Outside service by local police forces; mobilization by governor; powers of sheriffs

§ 209-f. Outside service by local police forces; mobilization by\ngovernor; powers of sheriffs. 1. Whenever the public interest requires\nit, the governor may, in his discretion, authorize and direct the\nsuperintendent of state police, the sheriff of a county, the\ncommissioner of the Nassau county police department and the head of the\npolice department or force of any county, city, town or village of the\nstate, to detail, assign, and make available for duty and use in any\ncounty, town, city or village of the state requesting their aid,\nassistance and use, under the direction and command of such officer as\nthe governor may designate, all or any part of the deputies, forces,\nequipment and supplies under the command and control of such\nsuperintendent, sheriff, commissioner or head, as the case may be. While\nengaged in duty and rendering service in such county, town, city or\nvillage, the deputies, officers and members of such police forces shall\nhave the same powers, duties, rights, privileges and immunities as if\nthey were performing their duties in the civil or political subdivision\nin or by which they are normally employed.\n 2. a. Notwithstanding any inconsistent provision of law, general,\nspecial or local, the sheriff of any county may, when the public\ninterest requires it, declare a state of special emergency in any part\nor parts of his county where the public peace is threatened or where\nlife or property may be endangered, after first advising the governor,\nby telegram, facsimile or other electronic means that he is about to do\nso.\n b. During the continuance of any such emergency so declared and until\nit has been terminated by the sheriff who declared it or by the\ngovernor, the sheriff who declared such emergency: (1) May, after having\nreceived a request for aid from the chief executive officer of a city,\ntown or village located within his county, request the chief executive\nofficer of any other city, town or village located within his county,\nand the administrative head of any parkway police force and any state\npark police force which operates within his county, and the head of a\ncounty police department in his county, to detail, assign and make\navailable for duty and use in the city, town or village requesting the\naid, a part of the forces, equipment and supplies of the police\ndepartment or police force of the municipality, parkway and state park\npolice force, and county police department whose aid is requested, and\nthe chief executive officer of such city, town or village, and the\nadministrative head of such parkway and state park police force, and the\nhead of a county police department, is hereby authorized and empowered\nto grant any request so made, and (2) shall have the power to request\nany or any number of sheriffs in the state to aid him by detailing,\nassigning and making available to him, for duty and use in his county,\nsuch number of their deputy sheriffs as may be available, together with\nequipment and supplies, and to deputize as emergency special deputy\nsheriffs of his county any or all personnel so supplied by the sheriff\nof any other county, and the sheriff of any county to whom such a\nrequest is made is hereby authorized and empowered to grant any request\nso made.\n c. All or any part of the personnel, equipment and supplies furnished\nby the sheriff of another county in response to a request therefor, as\naforesaid, may be detailed, assigned and made available for duty and\nuse, by the requesting sheriff, (1) in a city, town or village which had\nrequested aid, as aforesaid, provided there is need therefor to\nsupplement the aid already provided by another municipality or by a\nparkway and/or state park police force, or a county police department,\nor any combination thereof, or if there is need therefor because no such\naid was provided, or pending the arrival of such other aid, and (2) in\nany part of the county of the requesting sheriff which is outside a city\nor incorporated village and which, in the opinion of the requesting\nsheriff, is in need thereof to maintain the public peace or to prevent\nlife or property becoming endangered.\n d. While engaged in duty and rendering service in any city, town,\nvillage or elsewhere, as aforesaid, the officers and members of any such\npolice department or police force, and any responding sheriff and his\ndeputies, so assigned and made available for duty and use shall have the\nsame powers, duties, rights, benefits, privileges and immunities as if\nthey were performing their duties in the civil or political subdivision\nin or by which they are normally employed, and all thereof, for the\npurpose of the workmen's compensation law, shall be deemed to be engaged\nin the course of their employment from the time they report for such\nduty until they return to the civil or political subdivision in or by\nwhich they are normally employed.\n e. The chief executive officer of a municipality who requested aid, as\naforesaid, with the consent of the chief of police of his police\ndepartment or police force if any such there be, may deactivate any or\nall of the manpower furnished, upon his request for aid, by another\nmunicipality, parkway and/or state park police force, and/or a county\npolice department. Manpower so furnished as aid to a municipality not\nhaving a police department or force may be deactivated by the chief\nexecutive officer thereof with the consent of the sheriff of the county\nin which it is located.\n f. A municipality may, by local law, delegate to the chief of police\nof its police department or police force the power hereby granted to its\nchief executive officer to request aid.\n g. If the chief executive officer of any such city, town or village is\nabsent or disabled, the chief of police thereof may make such request\nfor aid, grant a request therefor, and deactivate manpower furnished in\nresponse to request therefor. If any such municipality does not have a\nchief of police a person empowered by the local legislative body may so\nact, except with respect to deactivating manpower furnished upon\nrequest.\n h. As used in this section: (a) The term "chief executive officer"\nshall mean: (1) In the case of a city the mayor, except in a city having\na city manager where it shall mean such city manager, and (2) in the\ncase of a town the supervisor or presiding supervisor, and (3) in the\ncase of a village the mayor, except in a village having a president or\nmanager where it shall mean such president or manager; (b) The term\n"municipality" shall mean a city, town or village.\n (i) All powers vested in the sheriff by this section shall only be\nexercised in the county of Nassau by the county executive of Nassau\ncounty.\n