S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8228
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced by M. of A. BUTLER -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to  amend  the  town law, in relation to the establishment of a
   joint police district for the towns of Webb and Inlet
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  town  law is amended by adding a new article 10-A to
 read as follows:
                               ARTICLE 10-A
           JOINT POLICE DISTRICT FOR THE TOWNS OF WEBB AND INLET
 SECTION 160. ESTABLISHMENT OF A JOINT POLICE DISTRICT FOR THE  TOWNS  OF
                WEBB AND INLET.
   §  160. ESTABLISHMENT OF A JOINT POLICE DISTRICT FOR THE TOWNS OF WEBB
 AND INLET.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,
 THE  TOWNS  OF  WEBB  AND INLET MAY ESTABLISH A JOINT POLICE DISTRICT AS
 FOLLOWS:
   1. THE TOWN BOARD OF THE TOWN OF WEBB, IN THE COUNTY OF HERKIMER,  AND
 THE  TOWN  BOARD  OF  THE  TOWN OF INLET, IN THE COUNTY OF HAMILTON, MAY
 ESTABLISH A JOINT POLICE DISTRICT TO PROVIDE POLICE  SERVICES  FOR  BOTH
 SUCH TOWNS.
   2.  TO  ESTABLISH  A  JOINT  POLICE  DISTRICT  IN ACCORDANCE WITH THIS
 SECTION, THE TOWN BOARDS OF THE TOWNS  OF  WEBB  AND  INLET  SHALL  EACH
 ENACT,  BY  A  MAJORITY  VOTE,  A LOCAL LAW TO ESTABLISH AND OPERATE THE
 JOINT POLICE DISTRICT. THE BOUNDARIES OF THE JOINT POLICE DISTRICT SHALL
 BE THE BOUNDARIES OF THE TOWN OF WEBB AND THE TOWN OF INLET,  AND  SHALL
 INCLUDE ALL TERRITORIES WITHIN SUCH TOWNS. PRIOR TO THE ADOPTION OF SUCH
 LOCAL  LAW, EACH TOWN BOARD SHALL HOLD A PUBLIC HEARING, AND A NOTICE OF
 SUCH HEARING SHALL BE PUBLISHED AND POSTED IN THE  SAME  MANNER  AS  FOR
 OTHER  LOCAL  LAWS ADOPTED BY SUCH TOWNS. THE LOCAL LAW ESTABLISHING THE
 JOINT POLICE DISTRICT MAY BE AMENDED BY THE SAME MEANS AND PROCEDURES AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11349-02-7
              

 A. 8228                             2
 
 IS REQUIRED TO ESTABLISH THE JOINT  POLICE  DISTRICT  PURSUANT  TO  THIS
 SECTION.
   3.  THE LOCAL LAW ESTABLISHING THE JOINT POLICE DISTRICT SHALL PROVIDE
 FOR THE APPOINTMENT OF A BOARD OF POLICE COMMISSIONERS, OF NOT LESS THAN
 THREE PERSONS, WITH NOT LESS THAN ONE COMMISSIONER  BEING  APPOINTED  BY
 THE  TOWN  BOARD  OF  THE  TOWN  OF WEBB, NOT LESS THAN ONE COMMISSIONER
 APPOINTED BY THE TOWN BOARD OF THE TOWN OF INLET, AND NOT LESS THAN  ONE
 COMMISSIONER  APPOINTED  BY THE OTHER COMMISSIONERS. THE BOARD OF POLICE
 COMMISSIONERS SHALL BE THE GOVERNING BODY OF THE  POLICE  DEPARTMENT  OF
 THE  JOINT POLICE DISTRICT, AND ITS COMMISSIONERS SHALL EACH SERVE FOR A
 TERM OF FOUR YEARS. THE LOCAL LAW ESTABLISHING THE JOINT POLICE DISTRICT
 SHALL SPECIFY WHAT, IF ANY PAY, COMPENSATION OR  BENEFITS,  TO  WHICH  A
 POLICE  COMMISSIONER MAY BE ENTITLED. A COMMISSIONER APPOINTED BY A TOWN
 BOARD MAY BE REMOVED FOR CAUSE BY THE TOWN BOARD OF THAT TOWN,  AND  THE
 COMMISSIONER  APPOINTED  BY  THE  OTHER COMMISSIONERS MAY BE REMOVED FOR
 CAUSE BY A UNANIMOUS VOTE OF THE OTHER SUCH APPOINTING COMMISSIONERS.
   4. THE LOCAL LAW ESTABLISHING THE JOINT POLICE DISTRICT SHALL  FURTHER
 PROVIDE  FOR AN AD VALOREM REAL PROPERTY TAX ON ALL REAL PROPERTY WITHIN
 THE DISTRICT TO SUPPORT AND FUND THE COSTS AND  EXPENSES  OF  THE  JOINT
 POLICE  DISTRICT.    FOR  ALL STATE PROPERTY LOCATED IN THE JOINT POLICE
 DISTRICT, WHICH IS IN WHOLE OR IN PART WITHIN THE ADIRONDACK  PARK,  THE
 STATE  OF  NEW  YORK SHALL BE ASSESSED AND SHALL PAY THE AD VALOREM REAL
 PROPERTY TAX TO SUPPORT AND FUND ITS ASSESSED SHARE  OF  THE  COSTS  AND
 EXPENSES  OF THE DISTRICT.  ALL ASSESSMENTS FOR, AND COLLECTIONS OF, THE
 AD VALOREM REAL PROPERTY TAX TO SUPPORT THE JOINT POLICE DISTRICT  SHALL
 BE PERFORMED BY THE TOWN IN WHICH THE REAL PROPERTY IS LOCATED.
   5.  THE LOCAL LAW ESTABLISHING THE JOINT POLICE DISTRICT SHALL FURTHER
 PROVIDE THAT THE BOARD OF POLICE COMMISSIONERS SHALL ANNUALLY PROVIDE  A
 BUDGET  FOR  THE  COSTS  AND  EXPENSES OF THE JOINT POLICE DISTRICT, AND
 SHALL SUBMIT SUCH BUDGET TO THE TOWN BOARDS OF THE  TOWNS  OF  WEBB  AND
 INLET  FOR  THEIR  APPROVAL.  APPROVAL  OF  SUCH  SUBMITTED BUDGET SHALL
 REQUIRE THE MAJORITY APPROVAL OF EACH OF THE TOWN BOARDS OF THE TOWNS OF
 WEBB AND INLET. IF EITHER OR BOTH SUCH TOWN BOARDS FAIL TO  APPROVE  THE
 BUDGET  SUBMITTED  BY THE BOARD OF POLICE COMMISSIONERS, THEN THE BUDGET
 SHALL BE RETURNED TO THE BOARD OF POLICE  COMMISSIONERS  FOR  AMENDMENT,
 AND  MAY  THEREAFTER,  AFTER SUCH AMENDMENT, BE RESUBMITTED BACK TO SUCH
 TOWN BOARDS FOR THEIR RECONSIDERATION. UNTIL SUCH TIME AS A  BUDGET  FOR
 THE  JOINT  POLICE  DISTRICT  IS  APPROVED,  THE  BUDGET  WHICH WAS LAST
 APPROVED BY THE TOWN BOARDS OF THE TOWNS OF WEBB AND INLET FOR THE JOINT
 POLICE DISTRICT SHALL REMAIN IN FORCE AND EFFECT.
   6.  ALL  EMPLOYMENT  DECISIONS,  INCLUDING  APPOINTMENTS,  DISMISSALS,
 PROMOTIONS,  DISCIPLINE  AND  FORCE  DEPLOYMENTS,  FOR  THE JOINT POLICE
 DISTRICT SHALL BE PERFORMED  AND  DETERMINED  BY  THE  BOARD  OF  POLICE
 COMMISSIONERS.  ANY CONTRACT WITH ANY EMPLOYEE ORGANIZATION REPRESENTING
 MEMBERS OF THE POLICE OFFICERS OR CIVILIANS EMPLOYED BY THE JOINT POLICE
 DISTRICT, SHALL BE NEGOTIATED BY AND APPROVED BY A MAJORITY VOTE OF, THE
 BOARD OF POLICE COMMISSIONERS. THE  LOCAL  LAW  ESTABLISHING  THE  JOINT
 POLICE  DISTRICT SHALL PROVIDE FOR THE TITLES OF THE POLICE OFFICERS AND
 CIVILIAN EMPLOYEES OF THE JOINT POLICE DISTRICT.
   7. THE JOINT POLICE DISTRICT, BY A  MAJORITY  VOTE  OF  THE  BOARD  OF
 POLICE  COMMISSIONERS, SHALL BE EMPOWERED, BUT SHALL NOT BE REQUIRED, TO
 ACCEPT ANY AND ALL ASSETS OR PERSONNEL FROM THE TOWN OF WEBB AND/OR  THE
 TOWN OF INLET. UPON THE ACCEPTANCE OF ANY SUCH ASSETS, THE TITLE TO SUCH
 SHALL BECOME THE PROPERTY OF THE JOINT POLICE DISTRICT.
   8.  THE  TOWN  OF  WEBB AND/OR THE TOWN OF INLET MAY DISCONTINUE THEIR
 PARTICIPATION IN THE JOINT POLICE DISTRICT BY  MEANS  OF  A  FOUR-FIFTHS

 A. 8228                             3

 VOTE  OF  ITS TOWN BOARD. IN THE EVENT THAT EITHER OR BOTH TOWNS VOTE TO
 DISCONTINUE THE CONTINUATION OF THE  JOINT  POLICE  DISTRICT,  THEN  THE
 DISTRICT SHALL BE DEEMED DISSOLVED, AND THE ASSETS OF THE DISTRICT SHALL
 BE  DIVIDED  BETWEEN THE TOWN OF WEBB AND THE TOWN OF INLET ON THE BASIS
 OF THE PERCENTAGE OF THE AD VALOREM REAL PROPERTY TAX PAID BY THE  PROP-
 ERTIES WITHIN EACH TOWN TO SUPPORT THE JOINT POLICE DISTRICT.
   § 2. This act shall take effect immediately; provided however, that in
 the event a joint police district is established pursuant to this act by
 the  town  of Webb and the town of Inlet by local law, such joint police
 district shall commence operation on the first of January following  the
 enactment of such local law.