New York Laws
Article 6 - Public Health and Safety
121-A - Creation of Village and Town Police Department in Certain Towns and Villages.

§ 121-a. Creation of village and town police department in certain
towns and villages. Notwithstanding the provisions of any law, general
or special, the town board or boards of a town or towns in the same
county and the board or boards of trustees of an incorporated village or
villages located wholly within such town or towns, may, upon the
adoption of propositions therefor duly submitted in such town or towns
and village or villages, determine to create a joint town and village
police department for such town or towns and village or villages. The
proposition to be submitted in such village or villages may be submitted
at a general or special election of each village and the proposition to
be submitted in such town or towns may be submitted at a general or
special election of each town. Upon the adoption of a proposition
therefor as herein provided, the town board or boards and the board or
boards of trustees of the village or villages 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. Such boards shall at such meeting,
by a majority vote, appoint a chief of police for such joint police
department. Such chief of police shall be a resident of the area covered
by such joint department and be subject to the control, direction and
supervision of such joint boards. Such chief of police shall be
appointed for a term of office of three years, and shall receive such
compensation as the town and village boards at joint session may
determine. A chief of police may be removed by joint action of the town
and village boards upon written charges for malfeasance or misfeasance
in office. Such charges shall be filed in duplicate in the offices of
the town and village clerks and a copy thereof served personally on the
chief of police. The town and village boards shall, in joint session,
designate a time and place for a hearing upon such charges and cause
notice of such hearing to be served personally upon the chief of police
at least five days before the day set for the hearing. The town and
village boards shall hear the evidence in support and in defense of such
charges and by majority vote make an order sustaining or dismissing the
charges. An order sustaining the charges shall operate as a removal and
the town and village boards shall thereupon appoint another person to
fill the vacancy. The person so appointed shall hold office for the
balance of the unexpired term or until the entry of a final order by a
court of competent jurisdiction determining that the chief of police was
wrongfully or unlawfully removed. An appeal to the county court may be
taken by the chief of police removed within thirty days after personal
service of a copy of such order of removal. The county court shall
consider the charges presented and review the evidence taken before such
joint board. It may hear additional evidence and shall make such
determination as justice requires. A copy of such order shall be filed
in the offices of the town and village clerks. An order by the county
court determining the charges shall, upon such filing, act as the
reinstatement of the person removed. The board or boards of trustees of
each village shall appoint village police officers for service inside
the area covered by such joint department, and the town board or boards
shall appoint town police officers for service inside the area covered
by such joint department. Such town and village police officers shall be
appointed for such terms of office and receive such compensation as the
town or village board may determine. The expense of village police
officers, chargeable by law to a village shall be a charge against the
village employing them, and the expense of the town police officers
chargeable by law to a town, shall be a charge against real property in
the town employing them situated outside of such participating village
or villages. The salary of the chief of police and other expenses of the

department, except compensation of village and town police officers,
shall be apportioned between the village or villages and the town or
towns by such boards in joint session. The portion of such expense to be
borne by a town shall be a charge in that portion of the town situated
outside of such participating village or villages and the portion to be
borne by a village a village charge. Upon the creation of a joint town
and village police department as herein provided, the term of office of
all town constables heretofore elected in such town or towns shall
terminate and thereafter no constables shall be elected in any such
town, unless and until such police department is abolished as
hereinafter provided. A joint police department established as provided
by this section may be abolished upon the adoption of a proposition duly
submitted at a general or special village or town election to take
effect on January first succeeding the next general election at which
town officers are elected.

Whenever the town board of a town or towns in the same county and the
board of trustees of an incorporated village or villages located wholly
within such town or towns, either create or abolish a joint town and
village police department, the joint board taking such action shall
notify the commissioner of the division of criminal justice services of
the action taken by them within thirty days of such action.

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