S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4701
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT allowing for the creation of a joint police  department  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. General. Notwithstanding the provisions of section 121-a of
 the general municipal law, or  any  law,  general  or  special,  to  the
 contrary, the town boards of the town of Webb, Herkimer County, and town
 of  Inlet,  Hamilton  County,  are hereby authorized, upon approval of a
 proposition duly submitted to the voters in such towns and upon a major-
 ity vote by the governing bodies of Herkimer and Hamilton  Counties,  to
 establish  a  joint  town  police department with jurisdiction over both
 towns pursuant to the provisions of this act.
   § 2. Town proposition and joint town laws. (a) The proposition  to  be
 submitted  to  the voters in such towns may be submitted at a general or
 special election of each town.
   (b) Upon the approval of a proposition by the electorate of each town,
 the town boards shall meet in joint session, at a time and place  to  be
 determined  by  agreement of such boards, and organize such joint police
 department and establish  rules  and  regulations  governing  the  same,
 including,  but  not  limited  to when such joint department shall begin
 operations. A copy of the resolution, referendum  vote,  and  all  local
 laws  relating  to  the  establishment  and  operation of a joint police
 department shall be provided to and filed with the town  clerks  of  the
 towns  of  Webb  and  Inlet; additionally, upon establishment of a joint
 department, notification  shall  be  provided  to  Hamilton  County  and
 Herkimer County, and the State of New York.
   (c)  Local  laws  establishing rules and regulations of a joint police
 department as authorized by this act shall, at a minimum:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09604-01-3
 A. 4701                             2
              

 
   (i) Provide for the appointment of a chief of police  for  such  joint
 police department;
   (ii) Provide for funding, and, if necessary, apportionment between the
 towns,  required to operate the joint department through an annual joint
 resolution of the town boards;
   (iii) Provide for the titles  of  the  police  officers  and  civilian
 employees of the joint police department; and
   (iv)  Provide  for a means to coordinate all employment determinations
 for the joint department between the respective towns, counties and  any
 other entities necessary to the process.
   §  3. Property. The joint police department shall be empowered to hold
 title to property and shall take title to all real and personal property
 currently held by the towns of Webb and Inlet police departments.
   § 4. Obligations. The joint department shall be subject to all  appli-
 cable  contractual  obligations  entered into by the town of Webb police
 department and the town of Inlet police department.
   § 5. Discontinuing of joint police department. The town of Webb and/or
 the town of Inlet may  discontinue  their  participation  in  the  joint
 police  department  by means of a four-fifths vote of either of the town
 boards. In the event that either or both towns vote to  discontinue  the
 joint  police department, then the department shall be deemed dissolved,
 and the assets of the department shall be divided between  the  town  of
 Webb and the town of Inlet.
   § 6. This act shall take effect immediately.