Filed Date: 2/25/1987
Status: Precedential
Modified Date: 7/5/2016
Harry W. Seibert, Jr., Esq. Village Attorney, Ballston Spa
You have asked whether a village may dissolve its police department and contract with the county for the sheriff to provide 24-hour a day police protection within the village.
The board of trustees of a village may abolish a police department established under section
The sheriff is the conservator of peace within the county (County Law, §
In a previous opinion of this office, however, we concluded that a county may decide only to provide road patrol services to municipalities that contract for that service (1981 Op Atty Gen [Inf] 193). In that case, the level of service to a particular municipality can be determined under the provisions of the contract.
In the case of a sheriff who regularly provides road patrol in those municipalities without a police department, we have concluded that a municipality receiving this service may contract for additional protection beyond what is currently provided by the county under budgetary constraints (1981 Op Atty Gen [Inf] 232). The consideration under such a contract increases the sheriff's budget and the rest of the county is not burdened with the cost of additional services to a particular municipality within the county (ibid.). We emphasize, as we did in the two cited opinions of the Attorney General, that arrangements of this kind must be justified as a function of appropriate allocation of limited resources. Otherwise, law enforcement should be provided on the basis of need.
We conclude that a village may dissolve its police department and contract with the county for provision of police protection by the sheriff.