S T A T E O F N E W Y O R K
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6532
2017-2018 Regular Sessions
I N S E N A T E
June 1, 2017
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Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
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
S. 6532 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
S. 6532 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.