2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
209-F - Outside service by local police forces; mobilization by governor; powers of sheriffs.


NY Gen Mun L § 209-F (2012) What's This?
 
    §  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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