2023 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.