senate Bill S6800

Relates to the residency requirements for the position of constable in the village of West Hampton Dunes, county of Suffolk

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Mar / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 23 / May / 2012
    • 1ST REPORT CAL.908
  • 30 / May / 2012
    • 2ND REPORT CAL.
  • 31 / May / 2012
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2012
    • SUBSTITUTED BY A9660

Summary

Relates to the residency requirements for the position of constable in the village of West Hampton Dunes, county of Suffolk, to allow for the retention of current constables and enhance recruitment efforts for future personnel.

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Bill Details

See Assembly Version of this Bill:
A9660
Versions:
S6800
Legislative Cycle:
2011-2012
Law Section:
Village Law
Laws Affected:
Amd §3-300, Vil L; amd §3, Pub Off L

Votes

8
0
8
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S6800

TITLE OF BILL:

An act
to amend the village law and the public officers law, in relation to the
residency requirements for the position of constable in the incorporated
village of West Hampton Dunes, county of Suffolk to allow for the
retention of current constables and enhance recruitment efforts for
future personnel

PURPOSE:

This legislation would afford the village of West Hampton Dunes
greater flexibility and a broader pool of potential qualified
candidates in recruiting and retaining current personnel for the
position of Village Constable than is currently available due to
statutory residency restrictions. The village Constable performs a
critical law enforcement function and is integral to the maintenance
of public safety and order in the village. This legislation would
enhance the village's ability to effectively deliver public safety
services by allowing it to recruit and or retain qualified
individuals for the village Constable position, who are not Village
residents, but who are residents of the county of Suffolk.

SUMMARY OF PROVISIONS:

Section 3-300 of the village law is amended to add a new subdivision
21 to provide that the village Board of Trustees may, by resolution,
provide that a Constable of the Village need not be a resident of the
village, but must be a resident of the County of Suffolk. Section 3
of the public officers law is also amended by adding a new
subdivision 59 so that the provision therein requiring a person to be
a resident of the political subdivision or municipal corporation of
the state for which he or she shall be chosen or within which his or
her official functions are required to be exercised shall not prevent
a person from holding the office of village Constable provided such
person resides in the county of Suffolk.

JUSTIFICATION:

The Village presents a unique geographic and demographic profile. The
village is a small coastal community located on a barrier island in
the Town of Southampton. The village has a small population with most
residential homes being primarily summer or beach houses and a
significant portion of the
inhabitants being seasonal and/or retirees (individuals age 65 and
over make up roughly 37.50% of the population). There is no public
transit system servicing the village.

In evaluating how to effectively address the village's public safety
needs given the challenges presented by its unique
geographical/demographic profile, the Village's Mayor and Trustees
have explored alternative public safety models. village management
has considered contracting for the use of police personnel from
neighboring towns/villages, but this alternative presents issues
because of the length response time required for such police
personnel to get to the village, especially during inclement weather
and during the village's busiest summer season when roads leading to
the Village are crowded. Village management has also considered the
establishment of its own police force, an alternative which would not
be operationally feasible at this time. On an on-going basis, village
management continues to monitor its public safety needs and how best
to effectively address them.

Based on current circumstances, therefore, the village Constable model
utilizing its existing personnel and others who may be recruited is
the most feasible. However, the geographical isolation and
demographic profile of the village make it impossible to effectively
retain its existing personnel and recruit qualified candidates for
village Constable positions solely from Village residents. Enlarging
the residency requirement for village Constable to the County of
Suffolk would enhance these retention and recruiting efforts and is
necessary to ensure the village's capability to maintain and protect
the safety and welfare of its inhabitants.

LEGISLATIVE HISTORY:

New Legislation, 2012

FISCAL IMPLICATIONS:

None to the state. The act would be cost neutral.

EFFECTIVE DATE:

This act will take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6800                                                  A. 9660

                      S E N A T E - A S S E M B L Y

                             March 23, 2012
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the village law and the public officers law, in relation
  to the residency requirements for the position  of  constable  in  the
  incorporated village of West Hampton Dunes, county of Suffolk to allow
  for  the  retention  of  current  constables  and  enhance recruitment
  efforts for future personnel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3-300 of the village law is amended by adding a new
subdivision 21 to read as follows:
  21. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER GENER-
AL LAW, LOCAL LAW, ORDINANCE, OR SPECIAL ACT, THE VILLAGE BOARD OF TRUS-
TEES  OF THE INCORPORATED VILLAGE OF WEST HAMPTON DUNES, SUFFOLK COUNTY,
MAY, BY RESOLUTION, PROVIDE THAT A CONSTABLE OF THE INCORPORATED VILLAGE
OF WEST HAMPTON DUNES, SUFFOLK COUNTY, NEED NOT BE A  RESIDENT  OF  SUCH
VILLAGE,  BUT  MUST BE A RESIDENT OF THE COUNTY OF SUFFOLK, STATE OF NEW
YORK.
  S 2. Section 3 of the public officers law is amended by adding  a  new
subdivision 59 to read as follows:
  59.  IN  THE INCORPORATED VILLAGE OF WEST HAMPTON DUNES, IN THE COUNTY
OF SUFFOLK, THE PROVISIONS OF THIS SECTION REQUIRING A PERSON  TO  BE  A
RESIDENT  OF  THE  POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION OF THE
STATE FOR WHICH HE OR SHE SHALL BE CHOSEN OR WITHIN  WHICH  HIS  OR  HER
OFFICIAL  FUNCTIONS  ARE  REQUIRED  TO BE EXERCISED, SHALL NOT PREVENT A
PERSON FROM HOLDING THE OFFICE OF CONSTABLE OF THE INCORPORATED  VILLAGE
OF  WEST  HAMPTON  DUNES  PROVIDED  SUCH PERSON RESIDES IN THE COUNTY OF
SUFFOLK, STATE OF NEW YORK. PROVIDED  THAT  THE  PERSON  PERFORMING  THE
FUNCTIONS  OF CONSTABLE IN ANY OTHER VILLAGE SHALL BE A RESIDENT OF SUCH
VILLAGE UNLESS OTHERWISE PROVIDED BY LAW.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15080-01-2

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