Header:
NEW YORK CONSOLIDATED LAW SERVICE
GENERAL MUNICIPAL LAW
ARTICLE 10. FIREMEN AND POLICEMEN
Date:
08/31/2009
Document:
ยง 209-f. Outside service by local police forces; mobilization by governor; powers of sheriffs
1. Whenever the public interest requires it, the governor may, in his discretion, authorize and direct the superintendent of state police, the sheriff of a county, the commissioner of the Nassau county police department and the head of the police department or force of any county, city, town or village of the state, to detail, assign, and make available for duty and use in any county, town, city or village of the state requesting their aid, assistance and use, under the direction and command of such officer as the governor may designate, all or any part of the deputies, forces, equipment and supplies under the command and control of such superintendent, sheriff, commissioner or head, as the case may be. While engaged in duty and rendering service in such county, town, city or village, the deputies, officers and members of such police forces shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the civil or political subdivision in or by which they are normally employed.
2. a. Notwithstanding any inconsistent provision of law, general, special or local, the sheriff of any county may, when the public interest requires it, declare a state of special emergency in any part or parts of his county where the public peace is threatened or where life or property may be endangered, after first advising the governor, by telegram addressed to the governor at the executive offices in the city of Albany, New York, that he is about to do so.
b. During the continuance of any such emergency so declared and until it has been terminated by the sheriff who declared it or by the governor, the sheriff who declared such emergency: (1) May, after having received a request for aid from the chief executive officer of a city, town or village located within his county, request the chief executive officer of any other city, town or village located within his county, and the administrative head of any parkway police force and any state park police force which operates within his county, and the head of a county police department in his county, to detail, assign and make available for duty and use in the city, town or village requesting the aid, a part of the forces, equipment and supplies of the police department or police force of the municipality, parkway and state park police force, and county police department whose aid is requested, and the chief executive officer of such city, town or village, and the administrative head of such parkway and state park police force, and the head of a county police department, is hereby authorized and empowered to grant any request so made, and (2) shall have the power to request any or any number of sheriffs in the state to aid him by detailing, assigning and making available to him, for duty and use in his county, such number of their deputy sheriffs as may be available, together with equipment and supplies, and to deputize as emergency special deputy sheriffs of his county any or all personnel so supplied by the sheriff of any other county, and the sheriff of any county to whom such a request is made is hereby authorized and empowered to grant any request so made.
c. All or any part of the personnel, equipment and supplies furnished by the sheriff of another county in response to a request therefor, as aforesaid, may be detailed, assigned and made available for duty and use, by the requesting sheriff, (1) in a city, town or village which had requested aid, as aforesaid, provided there is need therefor to supplement the aid already provided by another municipality or by a parkway and/or state park police force, or a county police department, or any combination thereof, or if there is need therefor because no such aid was provided, or pending the arrival of such other aid, and (2) in any part of the county of the requesting sheriff which is outside a city or incorporated village and which, in the opinion of the requesting sheriff, is in need thereof to maintain the public peace or to prevent life or property becoming endangered.
d. While engaged in duty and rendering service in any city, town, village or elsewhere, as aforesaid, the officers and members of any such police department or police force, and any responding sheriff and his deputies, so assigned and made available for duty and use shall have the same powers, duties, rights, benefits, privileges and immunities as if they were performing their duties in the civil or political subdivision in or by which they are normally employed, and all thereof, for the purpose of the workmen's compensation law, shall be deemed to be engaged in the course of their employment from the time they report for such duty until they return to the civil or political subdivision in or by which they are normally employed.
e. The chief executive officer of a municipality who requested aid, as aforesaid, with the consent of the chief of police of his police department or police force if any such there be, may deactivate any or all of the manpower furnished, upon his request for aid, by another municipality, parkway and/or state park police force, and/or a county police department. Manpower so furnished as aid to a municipality not having a police department or force may be deactivated by the chief executive officer thereof with the consent of the sheriff of the county in which it is located.
f. A municipality may, by local law, delegate to the chief of police of its police department or police force the power hereby granted to its chief executive officer to request aid.
g. If the chief executive officer of any such city, town or village is absent or disabled, the chief of police thereof may make such request for aid, grant a request therefor, and deactivate manpower furnished in response to request therefor. If any such municipality does not have a chief of police a person empowered by the local legislative body may so act, except with respect to deactivating manpower furnished upon request.
h. As used in this section: (a) The term "chief executive officer" shall mean: (1) In the case of a city the mayor, except in a city having a city manager where it shall mean such city manager, and (2) in the case of a town the supervisor or presiding supervisor, and (3) in the case of a village the mayor, except in a village having a president or manager where it shall mean such president or manager; (b) The term "municipality" shall mean a city, town or village.
i. All powers vested in the sheriff by this section shall only be exercised in the county of Nassau by the county executive of Nassau county.
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