The Rochester Town Board passed two resolutions to make clear the agreement between the town and its eight constables, following claims the constables performed law enforcement duties beyond what is authorized.

Complaints from this past fall include a constable that may have been seen speeding through a neighborhood, and a citation for running a stop sign that the alleged offender did not know constables were allowed to issue.

"People got uncomfortable when they saw people get pulled over by a constable car," Town Supervisor Mike Baden said Tuesday morning. "That started a lot more questions and conversation because they were suddenly more visible."

Baden told Spectrum News there was increased visibility in September and October when constables were doing traffic enforcement on the weekends. He said the plan was for constables to handle traffic enforcement through August when a summer camp known to create traffic ended for the year, but the constables continued weekend enforcement through September and into October.

The constables continued weekend traffic enforcement because town officials did not communicate to the chief constable that the enforcement was no longer needed, Baden said.

One of the resolutions unanimously passed by the town board clarifies that the town's constables are allowed to perform the same duties as those of a police officer when requested to do so by town officials.

Baden expressed that he supports the idea of a constable program, especially in his town where there is no police department. He added that if a constable is put on a certain assignment but sees an unrelated violation, he can take action.

"If the constable observes a traffic violation while they're on duty, they certainly can issue a ticket just like any police officer can," Baden said.

He also stressed that not just anyone can be a constable.

"They don't just walk in off the street and say 'Hey, I want to be a town constable,'" Baden said. "They go through the same kind of classroom training and field training that police officers do."

He listed rates of pay for constables, which range from $11.10 per hour up to $13.25 per hour, adding that each constable works 15 to 20 hours per month mostly handling security at the town's courthouse and disputes between neighbors.

"No one's getting rich. They all have other jobs. This is a way to serve and make a little extra money," Baden said.

Chief Constable Richard Miller said constables mainly mediate arguments between neighbors, and do their best to avoid any type of citations.

"We're dealing with a lot of neighbor-to-neighbor complaints," Miller said. "We'd rather solve them than take hardcore enforcement action. People call us with their personal problems and we do our best to fix them for them."

Miller described the job as a mostly quiet one in which community members rarely notice a constable.

"It's low-key," Miller said before referencing the 1960s sitcom "The Andy Griffith Show." "Think Andy of Mayberry."

The text of the recently-passed resolutions is below.

Resolution # 30 of 2019 RE-ESTABLISHMENT of TOWN CONSTABULARY

WHEREAS, the Town of Rochester has had a Constabulary since 1710 which has served the residents of the Town in varied capacities throughout its History; and

WHEREAS, The Town of Rochester established duties of such constabulary with Resolution 90-2014; and
BE IT RESOLVED, that the Town of Rochester does hereby reaffirm the establishment and continuation of the powers and duties of a town constable/ peace officer as derived from two sources: Town Law, §39, and Criminal Procedure Law, §2.20 of the State of New York.
BE IT FURTHER RESOLVED, that upon specific authorization provided to the Chief Constable in writing by the Town Supervisor or by Town Board resolution for the duties listed below, such written authorization shall include specific duties, services or patrols, dates and timeframes;

1. Make warrantless arrest pursuant to §140.25 of the Criminal Procedure Law; and
2. Issue appearance tickets pursuant to Subdivision 3 §150.20 of the State of New York, when acting pursuant to their Special duties; and
3. Issue uniform appearance tickets pursuant to Article 27 of the Parks, Recreation and Historic Preservation Law and to issue simplified traffic information pursuant to §100.25 of the Criminal Procedure Law and §207 of the Vehicle and Traffic Law whenever acting pursuant to their special duties; and
4. Issue a uniform navigation summons and/ or complaint pursuant to §19 of the Navigation Law whenever acting pursuant to their special duties; and
5. Issue uniform appearance tickets pursuant Article 71 of the Environmental Conservation Law whenever acting pursuant to their special duties; and
6. Exercise any other power which a particular peace officer is otherwise authorized to exercise by any general, special or local law or charter rule, regulations judgment or order whenever acting pursuant to his or her special duties provided such power is not inconsistent with the provisions of the Penal Law; and
7. At the direction of the Town Supervisor, appear in the Town Justice Court to keep order. This will include monitoring the weapons screening program and the security of the courts; and
8. At the direction of the Town Supervisor or by resolution of the Town Board, provide security for any Town Recreation Department functions or activities; and
9. Make collections pursuant to executions and garnishee executions issued upon judgments rendered in Justice Court; and
10. Serve civil, legal, and criminal papers, including subpoenas or orders on behalf of the Town Supervisor, Town Board, Town Justices, and/or Code Enforcement Officer/Building Inspector; and
11. At the direction of the Town Supervisor or by resolution of the Town Board maintain order at Town meetings and additional Town functions as needed; and
12. At the direction of the Town Highway Superintendent or Town Supervisor, provide traffic control during times of necessity for Town road closure; and
13. Administer the operations of the Eldercare program; and
14. Perform Criminal and Civil investigations; and
15. Shall have the power to issue traffic summonses and complaints for parking, standing, or stopping violations pursuant to the vehicle and traffic law; and
16. Perform any other duties as directed by the Town Supervisor or by resolution of the Town Board as allowed by law; and
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried

Resolution # 31 of 2019 TOWN BOARD APPOINTMENTS
Enabling Law Town Law Article III §20(1)(b)

A Motion was made by Councilman Drabkin that the Town Board authorizes the following appointments in accordance to the adopted Salary and Wage Schedule, contingent on completion of any qualifications or certifications as may be required to fulfill the position. All appointments directly dealing with youth shall be contingent on completion of background checks. All appointees shall serve for a term of one year, subject to the pleasure of the Town Board or as mandated by New York State statute.

Chief Constable (PT) Richard Miller
Constable (PT) Michael Correale
Constable (PT) Jose Velasco
Constable-Probationary (PT) John Behnke
Constable-Probationary (PT) Marc Cathcart
Constable-Probationary (PT) Walter Miller
Constable-Probationary (PT) James Murphy
Constable-Probationary (PT) Mark Smith

Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried