§ 158. Special police officers. 1. The town board of any town of the
first class and the town board of any town of the second class which
shall have a population of five thousand or more as shown by the latest
federal census, whether there be a police department in and for such
town or not, may employ temporary police officers from time to time as
the town board may determine their services necessary. Such police
officers shall be known as "special police officers" and shall have all
the power and authority conferred upon constables by the general laws of
the state and such additional powers, not inconsistent with law, as
shall be conferred upon them by the town board. They shall be subject to
the general authority and direction of the town board and to such orders
and regulations as the town board may prescribe, not inconsistent with
law. Such special police officers shall serve at the pleasure of the
town board and the town board shall fix their compensation and may
purchase uniforms and equipment therefor but no such special police
officers shall be appointed nor any expense incurred by reason thereof
unless said town board shall have provided therefor in its annual
budget, previously adopted, and no expenditure shall be made in excess
of the budget appropriation therefor. Such special police shall be
appointed in accordance with the civil service law and rules. Provided,
however, and notwithstanding the foregoing provisions of this section,
the town board of any such town may, when in their judgment necessary
for the preservation of the public peace during any emergency period of
sixty days or less, appoint and at pleasure remove within such period
additional special police officers not exceeding five in number, without
examination, and fix their compensation which shall be a town charge and
be paid from moneys available for expenditure for general town purposes.

2. The town board of a town of the second class which shall have a
population of less than five thousand as shown by the latest federal
census, may adopt a resolution, subject to a permissive referendum,
determining to employ one or more temporary police officers, provided
that such town has a population of one thousand or more according to the
latest federal census or that such town adjoins a city. Towns having a
population in excess of one thousand may employ one additional temporary
police officer for each one thousand population in excess of the first
one thousand but the total number of police officers so employed shall
not exceed five. Such police officers shall be known as "special police
officers" and shall have all the power and authority conferred upon
constables by the general laws of the state and such additional powers,
not inconsistent with law, as shall be conferred upon them by the town
board. They shall be subject to the general authority and direction of
the town board and to such orders and regulations as the town board may
prescribe, not inconsistent with law. Such special police officers shall
serve at the pleasure of the town board and the town board shall fix
their compensation and may purchase uniforms and equipment therefor. The
compensation of such officer or officers, and the expense of the
uniforms and equipment therefor if purchased by the town board, shall be
a town charge and the amount thereof shall be assessed and levied upon
the taxable property of the town and collected in the same manner as
other town charges are assessed, levied and collected.

Notwithstanding such limitations upon their number, any such town may
employ not more than five temporary police officers for a period of not
to exceed three days in any calendar week.