NY State Senate Bill 2019-S2006

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Jan 18, 2019	referred to local government

2019-S2006 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Add Art 10-A §160, Town L
Versions Introduced in 2017-2018 Legislative Session:: S6532

2019-S2006 (ACTIVE) - Summary

Authorizes the towns of Inlet and Webb to establish and operate a joint police district.

2019-S2006 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2006

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the town law, in relation to the establishment of a
joint police district for the towns of Webb and Inlet

 
PURPOSE OR GENERAL IDEA OF BILL:

To enable the towns of Webb and Inlet to consolidate law enforcement
services.

 
SUMMARY OF PROVISIONS:

Section one amends the town law by adding a new article 10-A to provide
for the establishment of a joint police district for the towns of Webb
and Inlet.

Section 160 notwithstanding any other provision of law to the contrary,
the towns of Webb and Inlet may establish a joint police district as

follows:

I. Authorizes each town board and county to establish a joint police
district to provide police services for both towns (Webb and Inlet).

2. Calls for a local law passed by majority vote to establish and oper-
ate such a police district with boundaries confined to the towns of Webb
and Inlet and that any amendments be enacted by the same means and
procedures as is required to establish the joint police district.

3. Relates to the appointment of commissioners.

4. Calls for an ad valorem real property tax as a funding mechanism for
the police district.

5. Establishes the guidelines for the police districts annual budgets,
which are subject to the approval of both town boards.

6. All employment decisions, including appointments, dismissals,
promotions, discipline and force deployments, for the joint police
district shall be performed and determined by the board of police
commissioners.

7. Relates to the acceptance of titles and assets.

8. Contains guidelines to discontinue or dissolve the joint police
district, which requires a four-fifths vote of one or both town boards.

 
JUSTIFICATION:

Both the Town of Webb and the Town of Inlet, and their counties, Herkim-
er and Hamilton respectively, requested this legislation to consolidate
adjoining police departments. The growing financial pressures on many
localities within New York State are creating a greater need to examine
methods by which essential services are provided. The police departments
in each of these towns have executed an inter-agency agreement for
shared policing and have gone as far as they can short of legislative
action at the State level.
Furthermore, the Governor of New York State has encouraged consolidation
and implementing more efficient ways to deliver services at the local
level through the elimination of overlapping government services and a
reduction in the number of agencies wherever possible.

This bill will provide each of these localities cost savings while
increasing public safety for the citizens of Webb and Inlet.

 
PRIOR LEGISLATIVE HISTORY:

06/01/17: S.6532 REFERRED TO LOCAL GOVERNMENT 06/06/17: S.6532 REPORTED
AND COMMITTED TO RULES

01/03/18: S.6532 REFERRED TO LOCAL GOVERNMENT

05/15/18: S.6532 1ST REPORT CAL.1186

05/16/18: S.6532 2ND REPORT CAL.

05/22/18: S.6532 ADVANCED TO THIRD READING

06/18/18: S.6532 PASSED SENATE

06/18/18: S.6532 DELIVERED TO ASSEMBLY

06/18/18: S.6532 referred to local governments

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that in the
event a joint police district is established pursuant to this act by the
town of Webb and the Town of Inlet by local law, such joint police
district shall commence operation on the first of January following the
enactment of such local law.

2019-S2006 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2006
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, in relation  to  the  establishment  of  a
   joint police district for the towns of Webb and Inlet
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The town law is amended by adding a  new  article  10-A  to
 read as follows:
                               ARTICLE 10-A
           JOINT POLICE DISTRICT FOR THE TOWNS OF WEBB AND INLET
 SECTION 160. ESTABLISHMENT  OF  A JOINT POLICE DISTRICT FOR THE TOWNS OF
                WEBB AND INLET.
   § 160. ESTABLISHMENT OF A JOINT POLICE DISTRICT FOR THE TOWNS OF  WEBB
 AND  INLET.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 THE TOWNS OF WEBB AND INLET MAY ESTABLISH A  JOINT  POLICE  DISTRICT  AS
 FOLLOWS:
   1.  THE TOWN BOARD OF THE TOWN OF WEBB, IN THE COUNTY OF HERKIMER, AND
 THE TOWN BOARD OF THE TOWN OF INLET, IN  THE  COUNTY  OF  HAMILTON,  MAY
 ESTABLISH  A  JOINT  POLICE DISTRICT TO PROVIDE POLICE SERVICES FOR BOTH
 SUCH TOWNS.
   2. TO ESTABLISH A  JOINT  POLICE  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION,  THE  TOWN  BOARDS  OF  THE  TOWNS OF WEBB AND INLET SHALL EACH
 ENACT, BY A MAJORITY VOTE, A LOCAL LAW  TO  ESTABLISH  AND  OPERATE  THE
 JOINT POLICE DISTRICT. THE BOUNDARIES OF THE JOINT POLICE DISTRICT SHALL
 BE  THE  BOUNDARIES OF THE TOWN OF WEBB AND THE TOWN OF INLET, AND SHALL
 INCLUDE ALL TERRITORIES WITHIN SUCH TOWNS. PRIOR TO THE ADOPTION OF SUCH
 LOCAL LAW, EACH TOWN BOARD SHALL HOLD A PUBLIC HEARING, AND A NOTICE  OF
 SUCH  HEARING  SHALL  BE  PUBLISHED AND POSTED IN THE SAME MANNER AS FOR
 OTHER LOCAL LAWS ADOPTED BY SUCH TOWNS. THE LOCAL LAW  ESTABLISHING  THE
 JOINT POLICE DISTRICT MAY BE AMENDED BY THE SAME MEANS AND PROCEDURES AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06458-01-9

 S. 2006                             2
 
 IS  REQUIRED  TO  ESTABLISH  THE  JOINT POLICE DISTRICT PURSUANT TO THIS
 SECTION.
   3.  THE LOCAL LAW ESTABLISHING THE JOINT POLICE DISTRICT SHALL PROVIDE
 FOR THE APPOINTMENT OF A BOARD OF POLICE COMMISSIONERS, OF NOT LESS THAN
 THREE PERSONS, WITH NOT LESS THAN ONE COMMISSIONER  BEING  APPOINTED  BY
 THE  TOWN  BOARD  OF  THE  TOWN  OF WEBB, NOT LESS THAN ONE COMMISSIONER
 APPOINTED BY THE TOWN BOARD OF THE TOWN OF INLET, AND NOT LESS THAN  ONE
 COMMISSIONER  APPOINTED  BY THE OTHER COMMISSIONERS. THE BOARD OF POLICE
 COMMISSIONERS SHALL BE THE GOVERNING BODY OF THE  POLICE  DEPARTMENT  OF
 THE  JOINT POLICE DISTRICT, AND ITS COMMISSIONERS SHALL EACH SERVE FOR A
 TERM OF FOUR YEARS. THE LOCAL LAW ESTABLISHING THE JOINT POLICE DISTRICT
 SHALL SPECIFY WHAT, IF ANY PAY, COMPENSATION OR  BENEFITS,  TO  WHICH  A
 POLICE  COMMISSIONER MAY BE ENTITLED. A COMMISSIONER APPOINTED BY A TOWN
 BOARD MAY BE REMOVED FOR CAUSE BY THE TOWN BOARD OF THAT TOWN,  AND  THE
 COMMISSIONER  APPOINTED  BY  THE  OTHER COMMISSIONERS MAY BE REMOVED FOR
 CAUSE BY A UNANIMOUS VOTE OF THE OTHER SUCH APPOINTING COMMISSIONERS.
   4. THE LOCAL LAW ESTABLISHING THE JOINT POLICE DISTRICT SHALL  FURTHER
 PROVIDE  FOR AN AD VALOREM REAL PROPERTY TAX ON ALL REAL PROPERTY WITHIN
 THE DISTRICT TO SUPPORT AND FUND THE COSTS AND  EXPENSES  OF  THE  JOINT
 POLICE  DISTRICT.    FOR  ALL STATE PROPERTY LOCATED IN THE JOINT POLICE
 DISTRICT, WHICH IS IN WHOLE OR IN PART WITHIN THE ADIRONDACK  PARK,  THE
 STATE  OF  NEW  YORK SHALL BE ASSESSED AND SHALL PAY THE AD VALOREM REAL
 PROPERTY TAX TO SUPPORT AND FUND ITS ASSESSED SHARE  OF  THE  COSTS  AND
 EXPENSES  OF THE DISTRICT.  ALL ASSESSMENTS FOR, AND COLLECTIONS OF, THE
 AD VALOREM REAL PROPERTY TAX TO SUPPORT THE JOINT POLICE DISTRICT  SHALL
 BE PERFORMED BY THE TOWN IN WHICH THE REAL PROPERTY IS LOCATED.
   5.  THE LOCAL LAW ESTABLISHING THE JOINT POLICE DISTRICT SHALL FURTHER
 PROVIDE THAT THE BOARD OF POLICE COMMISSIONERS SHALL ANNUALLY PROVIDE  A
 BUDGET  FOR  THE  COSTS  AND  EXPENSES OF THE JOINT POLICE DISTRICT, AND
 SHALL SUBMIT SUCH BUDGET TO THE TOWN BOARDS OF THE  TOWNS  OF  WEBB  AND
 INLET  FOR  THEIR  APPROVAL.  APPROVAL  OF  SUCH  SUBMITTED BUDGET SHALL
 REQUIRE THE MAJORITY APPROVAL OF EACH OF THE TOWN BOARDS OF THE TOWNS OF
 WEBB AND INLET. IF EITHER OR BOTH SUCH TOWN BOARDS FAIL TO  APPROVE  THE
 BUDGET  SUBMITTED  BY THE BOARD OF POLICE COMMISSIONERS, THEN THE BUDGET
 SHALL BE RETURNED TO THE BOARD OF POLICE  COMMISSIONERS  FOR  AMENDMENT,
 AND  MAY  THEREAFTER,  AFTER SUCH AMENDMENT, BE RESUBMITTED BACK TO SUCH
 TOWN BOARDS FOR THEIR RECONSIDERATION. UNTIL SUCH TIME AS A  BUDGET  FOR
 THE  JOINT  POLICE  DISTRICT  IS  APPROVED,  THE  BUDGET  WHICH WAS LAST
 APPROVED BY THE TOWN BOARDS OF THE TOWNS OF WEBB AND INLET FOR THE JOINT
 POLICE DISTRICT SHALL REMAIN IN FORCE AND EFFECT.
   6.  ALL  EMPLOYMENT  DECISIONS,  INCLUDING  APPOINTMENTS,  DISMISSALS,
 PROMOTIONS,  DISCIPLINE  AND  FORCE  DEPLOYMENTS,  FOR  THE JOINT POLICE
 DISTRICT SHALL BE PERFORMED  AND  DETERMINED  BY  THE  BOARD  OF  POLICE
 COMMISSIONERS.  ANY CONTRACT WITH ANY EMPLOYEE ORGANIZATION REPRESENTING
 MEMBERS OF THE POLICE OFFICERS OR CIVILIANS EMPLOYED BY THE JOINT POLICE
 DISTRICT, SHALL BE NEGOTIATED BY AND APPROVED BY A MAJORITY VOTE OF, THE
 BOARD OF POLICE COMMISSIONERS. THE  LOCAL  LAW  ESTABLISHING  THE  JOINT
 POLICE  DISTRICT SHALL PROVIDE FOR THE TITLES OF THE POLICE OFFICERS AND
 CIVILIAN EMPLOYEES OF THE JOINT POLICE DISTRICT.
   7. THE JOINT POLICE DISTRICT, BY A  MAJORITY  VOTE  OF  THE  BOARD  OF
 POLICE  COMMISSIONERS, SHALL BE EMPOWERED, BUT SHALL NOT BE REQUIRED, TO
 ACCEPT ANY AND ALL ASSETS OR PERSONNEL FROM THE TOWN OF WEBB AND/OR  THE
 TOWN OF INLET. UPON THE ACCEPTANCE OF ANY SUCH ASSETS, THE TITLE TO SUCH
 SHALL BECOME THE PROPERTY OF THE JOINT POLICE DISTRICT.
   8.  THE  TOWN  OF  WEBB AND/OR THE TOWN OF INLET MAY DISCONTINUE THEIR
 PARTICIPATION IN THE JOINT POLICE DISTRICT BY  MEANS  OF  A  FOUR-FIFTHS

 S. 2006                             3

 VOTE  OF  ITS TOWN BOARD. IN THE EVENT THAT EITHER OR BOTH TOWNS VOTE TO
 DISCONTINUE THE CONTINUATION OF THE  JOINT  POLICE  DISTRICT,  THEN  THE
 DISTRICT SHALL BE DEEMED DISSOLVED, AND THE ASSETS OF THE DISTRICT SHALL
 BE  DIVIDED  BETWEEN THE TOWN OF WEBB AND THE TOWN OF INLET ON THE BASIS
 OF THE PERCENTAGE OF THE AD VALOREM REAL PROPERTY TAX PAID BY THE  PROP-
 ERTIES WITHIN EACH TOWN TO SUPPORT THE JOINT POLICE DISTRICT.
   § 2. This act shall take effect immediately; provided however, that in
 the event a joint police district is established pursuant to this act by
 the  town  of Webb and the town of Inlet by local law, such joint police
 district shall commence operation on the first of January following  the
 enactment of such local law.

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Senate Bill S2006

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2019-S2006 (ACTIVE) - Details

2019-S2006 (ACTIVE) - Summary

2019-S2006 (ACTIVE) - Sponsor Memo

2019-S2006 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2006

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Local Government Committee

2019-S2006 (ACTIVE) - Details

2019-S2006 (ACTIVE) - Summary

2019-S2006 (ACTIVE) - Sponsor Memo

2019-S2006 (ACTIVE) - Bill Text download pdf

Comments