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.