§ 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, facsimile or other electronic means 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.