NY Gen Mun L § 121-A (2021)
2021 New York Laws GMU - General Municipal 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.