NYCL AGO 95-43.

Case DateAugust 30, 1995
CourtNew York
New York Attorney General Opinions 1995. AGO 95-43. August 30, 1995Informal Opinion No. 95-43Chris G. Trapp, Esq. Village Attorney No. 95-43 Village of Alden 1400 Main Place TowerBuffalo, New York 14202-3714 COUNTY LAW § 650; EXECUTIVE LAW § 226(1); GENERAL MUNICIPAL LAW ART 5-G §§ 119-m, 119-n, 119-o, 121-a; TOWN LAW § 150(1); VILLAGE LAW § 8-800.The Village and Town Laws do not permit an arrangement whereby the Town of Alden would provide law enforcement only to the Village of Alden and not to the area of the town outside the village. Other alternatives exist for the provision of law enforcement to the village.Dear Mr. Trapp: You inquire as to whether a town may contractually or otherwise provide police protection to only a portion of its geographic area--in this instance, a specific village--which it would not extend to town residents living outside that village. You indicate that neither the Town of Alden nor the Village of Alden currently maintain their own police departments; rather, they rely on the Erie County Sheriff to provide law enforcement services. The Village Law states that "[t]he board of trustees of a village may . . . establish a police department in such village and . . . [t]he board of trustees may abolish a police department established pursuant to this section by local law, subject to permissive referendum". Village Law § 8-800. Similarly, the Town Law provides authority for a town to create and maintain a town police department. Town Law § 150 authorizes the town board of any town to establish a police department and states that the cost of the department is a charge throughout the entire town. Town Law § 150(1). Thus, a town may elect to create and maintain a police department. However, if the town chooses to have a police department, a town-wide charge applies, including incorporated villages. Id. As to town police departments established after January 1, 1960, no assessments may be made on property in any village within the town for the maintenance or operation of the police department, if the village maintains a police department of four or more police officers on an annual full-time basis. Id.With regard to town police departments established prior to January 1, 1960, the town may enter into agreements with any village concerning the assessment of costs. Id. The legislative intent...

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