NYCL AGO 95-58.

• Case Date: December 15, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-58. December 15, 1995 Informal Opinion No. 95-58Timothy M. Bulger, Esq. Village Attorney No. 95-58 Village of Greenwich Greenwich, NY 12834VILLAGE LAW § 8-800; L 1985, CH 810, § 2.A village which had the office of chief of police as of August 2, 1985, whether or not the position was filled, must retain the office so long as it continues to have a police department.Dear Mr. Bulger: You have asked whether the Village of Greenwich must retain the office of chief of police. Under section 8-800 of the Village Law,

[t]he board of trustees of a village may, by resolution, establish a police department in such village and appoint a chief of police and such personnel as may be needed, and fix their compensation.

The language referring to "chief of police" was added by chapter 810 of the Laws of 1985, effective August 2, 1985. Section 2 of chapter 810 provides as follows:

This act shall take effect immediately, but shall not apply to a village that, as of such effective date: (i) has established a police department, so long as the department established as of such effective date is continued; and (ii) has not established the office of chief of police.

The legislative intent of this amendment was to add a requirement that a village appoint a chief of police if it establishes a police department. Bill Jacket, L 1985 Ch 810, Memorandum of Introduction by Senator Schermerhorn and Assemblyman Seminerio. Section 2 of chapter 810 is a grandfather clause, removing the requirement that a chief of police be appointed, applicable to villages that had a police department and had not established the office of chief of police as of the effective date of the amendment on August 2, 1985, and which continue to have a police department. (Presumably, under this language if such a village abolishes the police department and later re-establishes the department it would lose the benefit of the grandfather clause and would be required to establish the position of chief of police.) In a telephone conversation, you have provided additional...