Bill S6800-2011

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

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.

Details

Actions

  • Jun 6, 2012: SUBSTITUTED BY A9660
  • May 31, 2012: ADVANCED TO THIRD READING
  • May 30, 2012: 2ND REPORT CAL.
  • May 23, 2012: 1ST REPORT CAL.908
  • Mar 23, 2012: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 23, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 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.

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