From the Southern Dutchess News. A great weekly local paper that covers the local news. To subscribe call 297-3723. Is's $26 per year for 52 issues.
Please note that I am quoted in the article.
By Kristine Coulter Staff Writer
Police commission vote divides Fishkill board
FISHKILL – The Town of Fishkill
town board, in a three to two vote,
appointed to the board of police commissioners
Councilman Brian Callahan,
Councilman Kurt Buck and Councilman
Tony Curry. Fishkill Town Supervisor
Bob LaColla and Councilman Thomas
Knips voted against the resolution. The
town board has historically served as a
five-member board of police commissioners,
the resolution states.
“It was a complete surprise. There
were more than several reasons to examine
this,” said LaColla after the meeting.
LaColla said he was disappointed that
three members of the board agreed to the
motion to vote on the issue that night.
The issue was listed on the agenda as a
discussion item.
“This type of planning outside the public
view is what I campaigned to change
and it’s disturbing that it’s coming back,”
said LaColla.
Councilman Buck, who is the board’s
liaison to the police department, stated
after the meeting that the vote was taken
that night so the town “could come into
compliance with the town law of New
York.”
The resolution called for one to three
commissioners, who would serve without
compensation and at the pleasure of the
town board, as stated in Article 10,
Section 150 (2) of NY Town Law. The
law goes on to state that if the town board
should only appoint one police commissioner,
it should designate two town
board members as well to the police commissioners
board.
The resolution also stated that town
board members may, by resolution, designate
the supervisor to serve as police
commissioner, and when designated the
supervisor would have all the powers of
and perform the duties of the board of
police commissioners.
If the town board establishes police
commissioners or if the supervisor is designated
as police commissioner, “such
board shall have and exercise all the
powers relative to police matters conferred
upon the town board…”
Subsequent sections of the NY town
law state the board may “make adopt and
enforce rules, orders and regulations for
the government, discipline, administration,
and disposition of the police department
and of the members thereof.” New
York town law also allows for the commissioners
to “determine the promotions
of officers and members of such police
department…the board shall keep a complete
service record of each member…in
accordance with the rules of the appropriate
civil service commission and shall
transmit the record of each candidate for
promotion to such civil service commission
in advance of such examination.”
As for how the police department is
run, Buck stated, “It will still be the
same.”
When asked about meeting schedules
and if the public would be able to attend,
he said protocol would have to be discussed.
“I’m not sure about the protocol, this is
a new establishment of police commissioners,”
said Buck. “We have to come
into compliance with the law and the procedural
policies.” He added the public
would likely be able to attend meetings.
When the issue was brought up for discussion,
Councilman Knips said he
believed it was appropriate for the board
to discuss its options.
Buck said he would like to have a vote
on it.
Resident Ozzy Albra said he believed
three commissioners were fine, but that
one should be a Democrat. Democrat Tim
Tuttle will be sworn into office in
January. Tuttle was elected in November
to the seat on the board that Knips was
appointed to earlier this year.
“A Democrat needs to sit on that board
if you make it three (members),” said
Albra.
LaColla told the town board he
respectfully requested the vote be put on
hold.
Knips said that the vote should wait
until the reorganizational meeting in
January.
Curry said he was keeping his motion
to vote on the resolution that night.
While the board was in an approximately
45 minute executive session, on
another matter, Detective Frank Vidal,
President of the Town of Fishkill Police
Department P.B.A. (Police Benevolent
Association) said, the police department
already has a board liaison, Councilman
Buck.
“I’m not sure what they are planning,”
said Vidal about Buck, Curry and
Callahan in regards to the police department.
The resolution called for the three
board members to serve as police commissioners
for the duration of their term
as town board members.
“Every member of the town board has
a right to know what’s going on in the
police department,” Buck said.
Knips stated to Curry that it was recommended
before the executive session
to wait on the vote until the reorganizational
meeting. Knips asked if Curry
would reconsider and wait to take the
vote.
“No,” replied Curry.
LaColla said that members of the board
have stood on protocol before. He said
the item was placed on the agenda as a
discussion item and did not make it onto
the town’s website before the meeting.
“I find this deeply disturbing coming
out of executive session,” LaColla stated
to the board.
Albra said the board should be proud to
bring it to the public. He reiterated that
the board should have Republican and
Democrat members for checks and balances.
“You guys are setting a precedent. Ten
years from now when the Democrats are
running the show, don’t come crying,”
said Albra.
A motion to table the issue failed.
The motion passed to have Buck,
Callahan and Curry be police commissioners.
“Obviously, the three of them
(Callahan, Buck and Curry) have plans.
I’m not sure what the impact will be” on
the department, LaColla said.
The town board may, according to the
resolution, amend or supersede the section
of the local law and establish a board
of police commissioners consisting of
five members, as stated in a 1997 opinion
by the Attorney General.
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