Chap. 82.

AN ACT to provide for the organization and government of the police force of the city of Albany.

Passed March 31, 1859; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ARTICLE I.

OF THE ORGANIZATION OF THE POLICE FORCE OF THE
CITY OF ALBANY.

SECTION 1. The police department of the city of Albany, as organized under and by virtue of an act entitled "An act to provide for the organization and government of the police of the city of Albany," passed March twenty-ninth, eighteen hundred and fifty-one, and the several offices of city inspectors and police constables in said act mentioned, are hereby abolished, and in lieu thereof there shall be established a night and day police, as herein provided, which shall be styled the police force of the city of Albany.

neer and

abolished.

$2. The several offices of chief engineer and assistant Chief engiengineers of the fire department of said city, as now assistant existing, are also hereby severally abolished; and in engineers place thereof there shall be established a board of engineers of such fire department, as by the provisions of this act provided.

$3. The police force of said city of Albany shall Police to consist of the following members, viz.: One chief of consist of. police, four captains of police, four lieutenants of police, forty-six policemen and four doormen.

of fire de

police force.

34. The chief engineer and the several assistant Engineers engineers of the fire department of said city, authorized partment to to be appointed by the provisions of this act, shall also belong to be, severally, members of the police force of said city, and, in addition to the powers and authority specially conferred upon the same by this act, they shall each possess and exercise all the powers hereby conferred

Supernu

merary

upon the policemen; but they shall not be required or allowed to serve or execute any warrant or other process issued by any court or officer, nor to perform any police duty or service other than such as may be enjoined upon them by the provisions hereof.

$5. In addition to the force hereinbefore enumerated, policemen, there shall be five supernumerary policemen and one supernumerary doorman attached, by an order of the police board herein created, to each of the companies of police into which the said force shall be divided.

Four police districts.

One company in each district.

$6. The police board of the city of Albany by this act created, shall, as soon as may be practicable, by rules and regulations to be adopted by such board, divide the said city into four police districts, and shall provide, at the expense of said city, in each of said districts, suitable accommodations for the police, to be designated "police station house." And the said police board are hereby empowered to change, from time to time, as they may deem expedient, the boundaries of said police districts.

S7. In each police district of said city there shall be one company of police, to consist of one captain of police, one lieutenant of police, and of such number of policemen as the said board may, from time to time, by an order of said board, assign thereto. One doorman shall also be assigned by the said police board to each of the said districts.

Commis sioners.

ARTICLE II.

OF THE ORGANIZATION AND POWERS OF THE POLICE BOARD
OF THE CITY OF ALBANY.

$8. The police board of the city of Albany shall consist of five commissioners, to wit: The mayor of said city for the time being, the two police justices of said city for the time being, and two electors of said city, who shall be chosen by the citizens of said city qualified according to law to vote at any charter election of officers for said city of Albany. The said five commissioners of the police board hereby created shall receive no compensation for any services performed by them under the provisions of this act, except that the secretary of

said board shall receive a salary of three hundred dollars per year, for his services, payable by the chamberlain of said city in equal quarterly installments.

$9. Any three commissioners of the police board, Quorum. created by this act, shall constitute a quorum thereof, and such quorum may execute all the powers hereby conferred upon the said police board. The mayor of the city of Albany, for the time being, shall be, ex officio, the chairman of said board; but in case of his absence from the said city, or of his inability, from any cause, to attend any meeting of said board, the members thereof who may be present, shall have power, by a majority vote, to appoint one of their number to be the chairman, pro tempore, of such meeting.

$10. The said police board shall keep a record of their shall keep proceedings, and they shall appoint one of their number record, &c. to be the secretary of the board. Such secretary shall have the custody of all books and papers belonging to the board, but the same shall be, at all times, open to the inspection of each of the said commissioners.

11. The said police board hereby created shall have exclusive power to appoint the said chief of police, the captains of police, the lieutenants of police, the policemen, the doormen, the supernumerary policemen and supernumerary doormen, and the five members of the board of engineers of the fire department, hereby established.

Board to

appoint

chief of

police, &c.

12. The said police board may also, whenever they Additional shall be of opinion that the public interest requires it, policemen. appoint so many additional policemen, not exceeding four in number, as they may deem proper, for service on and about the Albany pier; but the said additional policemen shall be appointed for such length of time only as the said police board shall determine, and during the time of their appointment they shall be subject to all the rules and regulations that may be adopted, as hereinafter provided, for the government and discipline of the said police force. The said police board shall also assign so many policemen, not exceeding six in number, as they shall deem necessary, for duty at the police office in said city, and the persons so assigned shall perform such duties as may be required of them at such office, during the pleasure of said board.

Court for trial of

charges.

Vacancies.

Commissioners, when elected.

How elected.

Ballot box.

S 13. The said police board, or any three members thereof, of whom the mayor, or one of the police justices of said city of Albany shall be one, shall constitute the court for the trial of all charges that may be preferred against any officer or member of said police force; and the said police board are also hereby empowered to prescribe, from time to time, rules and regulations for the government and discipline of the officers and members of said police force, which rules and regulations shall be binding, under the penalty of suspension or removal from office.

S14. All vacancies that may at any time occur in the office of any of the members of the said police force, as in this act designated, shall be filled by the said police

board.

15. On the day of the charter election for any officers of said city of Albany, appointed to be held next after the passage of this act, and on the same day triennially thereafter, there shall be elected by ballot, two electors of said city as commissioners of said police board, who shall severally hold their offices for the term of three years, from the first Tuesday of May next, after the day of their election, and until their successors shall have been duly elected and qualified as herein provided. The said two commissioners, during such term, shall hold no other office or place of public trust whatever, to which any salary or compensation shall be attached.

S16. At every election of such two commissioners of said police board as directed by the last preceding section of this act, each elector of said city qualified by law to vote at such election, shall vote for one only of said two commissioners, and the two persons who may receive at any such election, the highest number, respectively, of votes for such office, shall be elected thereto. Every ballot containing the name of more than one individual for such office, shall be rejected by the inspectors of election, upon the canvass of such votes.

S17. A separate box shall be provided at each election to be held as aforesaid, for the reception of the ballots that may be cast for such commissioners. Such box shall bear the inscription, "police board," and shall be similar in construction to the boxes now required to be provided

R

for the reception of ballots for officers that may be chosen
at the charter elections in said city.

S18. The caption or title of the ballots mentioned in Ballots the last section of this act shall be, "police board," and the name of the person voted for on such ballot shall be written or printed, under the words, "for commissioner of police board."

law appl

$19. All the provisions of law now in force in regard Election to the manner of voting for officers at any charter elec- cable, tion in said city, to the mode of canvassing and returning the votes taken at such elections, and to the duties and powers of inspectors of election thereat, are hereby made applicable to any election by this act directed of such two commissioners of said police board.

commis

$ 20. The commissioners of said police board who, Oath of may be, at any time, elected under the provisions of this stoners. act, shall, within thirty days next after their election, take and subscribe before the mayor or recorder of the said city of Albany, or before a judge of a court of record, the constitutional oath of office, which oath shall be filed in the office of the clerk of the common council of said city of Albany.

S21. The said police board of the city of Albany, constituted as above prescribed, shall, on the second Tuesday of May next, after the election of said two commissioners of said board, or as soon thereafter as may be practicable, appoint all the officers and members of said police force, as above enumerated, and also the five members of the board of engineers of the fire department of said city, herein established. The said police board shall issue to each officer so appointed by them, a warrant under the hand of the chairman of said police board, certifying the appointment of such officer; and every officer and member of said police force above mentioned, shall, before entering upon the performance of his duties, take and subscribe, before a commissioner of the said police board, the constitutional oath of office, which oath shall be filed with the secretary of said police board.

When and point om

how to ap

cers.