§ 158 — Special police officers

§ 158. Special police officers. 1. The town board of any town of the\nfirst class and the town board of any town of the second class which\nshall have a population of five thousand or more as shown by the latest\nfederal census, whether there be a police department in and for such\ntown or not, may employ temporary police officers from time to time as\nthe town board may determine their services necessary. Such police\nofficers shall be known as "special police officers" and shall have all\nthe power and authority conferred upon constables by the general laws of\nthe state and such additional powers, not inconsistent with law, as\nshall be conferred upon them by the town board. They shall be subject to\nthe general authority and direction of the town board and to such orders\nand regulations as the town board may prescribe, not inconsistent with\nlaw. Such special police officers shall serve at the pleasure of the\ntown board and the town board shall fix their compensation and may\npurchase uniforms and equipment therefor but no such special police\nofficers shall be appointed nor any expense incurred by reason thereof\nunless said town board shall have provided therefor in its annual\nbudget, previously adopted, and no expenditure shall be made in excess\nof the budget appropriation therefor. Such special police shall be\nappointed in accordance with the civil service law and rules. Provided,\nhowever, and notwithstanding the foregoing provisions of this section,\nthe town board of any such town may, when in their judgment necessary\nfor the preservation of the public peace during any emergency period of\nsixty days or less, appoint and at pleasure remove within such period\nadditional special police officers not exceeding five in number, without\nexamination, and fix their compensation which shall be a town charge and\nbe paid from moneys available for expenditure for general town purposes.\n 2. The town board of a town of the second class which shall have a\npopulation of less than five thousand as shown by the latest federal\ncensus, may adopt a resolution, subject to a permissive referendum,\ndetermining to employ one or more temporary police officers, provided\nthat such town has a population of one thousand or more according to the\nlatest federal census or that such town adjoins a city. Towns having a\npopulation in excess of one thousand may employ one additional temporary\npolice officer for each one thousand population in excess of the first\none thousand but the total number of police officers so employed shall\nnot exceed five. Such police officers shall be known as "special police\nofficers" and shall have all the power and authority conferred upon\nconstables by the general laws of the state and such additional powers,\nnot inconsistent with law, as shall be conferred upon them by the town\nboard. They shall be subject to the general authority and direction of\nthe town board and to such orders and regulations as the town board may\nprescribe, not inconsistent with law. Such special police officers shall\nserve at the pleasure of the town board and the town board shall fix\ntheir compensation and may purchase uniforms and equipment therefor. The\ncompensation of such officer or officers, and the expense of the\nuniforms and equipment therefor if purchased by the town board, shall be\na town charge and the amount thereof shall be assessed and levied upon\nthe taxable property of the town and collected in the same manner as\nother town charges are assessed, levied and collected.\n Notwithstanding such limitations upon their number, any such town may\nemploy not more than five temporary police officers for a period of not\nto exceed three days in any calendar week.\n