William and Elaine Walcott were driving down
West Meadow Road in Old Field Village in February,
returning from their nearby beach cottage, when they
were pulled over by someone who looked a lot like a
police officer.
The uniformed man told Walcott he had clocked
him doing 41 mph in a 30-mph zone and wrote him a
ticket, which referred to the ticket-giver as a “PO”
and appeared as though it originated from a sector of
Suffolk's Sixth Precinct.
"He certainly gave the impression of a policeman.
He had a gun on his hip, a uniform, and the flashing
red light. So I pulled over,” said Walcott, 69, from Stony Brook,
who denies he was speeding. He said he went to the village court
three times before paying a $55 fine and pleading guilty to a
seatbelt violation.
As it turns out, the man who ticketed Walcott wasn't a police
officer. According to a federal lawsuit-in which Walcott is a
plaintiff-he was a village constable who exceeded his authority
and gave out the tickets illegally.
In fact, the suit says, the Old Field constables, a small group
of people who supposedly enforce the village's codes, regularly
exceed their authority by enforcing state vehicle and traffic laws.
"Every time a motorist is stopped by someone purporting to
be a peace officer or a police officer, and in fact that person is
unauthorized, it violates the constitutional rights of the motorist,”
said Jonathan Scott, the Melville attorney who has brought a
class-action suit against the village, filed in federal court in
Central Islip in October. He estimates the village illegally gives
out between 300 and 500 traffic tickets per year.
The federal lawsuit against Old Field Village was brought by
three people who were pulled over in the village, all by the same
officer, for allegedly speeding. It claims that this constable and
others were illegally assuming duties of a county officer.
Philip Robilotto, Chief of Department for the Suffolk police,
said if these part-time code enforcement officers are police officers
elsewhere, it's possible they have the authority to give out
speeding tickets. But, generally, he said, “There is a police
department for the Village of Old Field and that department is the
Suffolk County Police Department. We enforce the traffic laws
down there."
Old Field is among several villages that maintain similar constable
forces, including Patchogue, Belle Terre, Port Jefferson
and Poquott. Officials from Patchogue and Port Jefferson say
most of their department members are full-time or retired law
enforcement professionals who, in their capacity as part-time
constables, don't go beyond enforcing village codes. Officials
from Belle Terre and Poquott could not be reached for comment. |
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The allure of having a constable force, or a local
public safety department, is that they cater to village
residents only, enforce codes that affect the quality of
life of residents, and monitor the presence of outsiders.
But the existence of such public safety officials
have been a source of legal battles in both Nassau and
Suffolk counties, as villages have tried to revoke their
initial decisions to merge with the counties' police
districts.
In 1984, the Court of Appeals ruled that a village
constable force in Woodsburgh was not legal because
village officials had decided, in 1937, to merge with Nassau
County's police district.
In 1958, the Suffolk County police district was created by referendum
and its jurisdiction extended to the five western towns,
including Brookhaven. But in 1966, the Appellate Division of the
state Supreme Court ruled that Port Jefferson could not create its
own police force, by virtue of incorporating as a village. And as
recently as 1997, the Appellate Division ruled that the village's
constable force was not a “duly authorized law enforcement
agency.” Vincent Fontana of Manhattan, who represents the
Village of Old Field, said the person who pulled over the three
plaintiffs named in the lawsuit for speeding was one of two park
rangers employed part-time by the village, who, under state law,
can give out tickets for moving violations. He said the constables
are a separate group who enforce village codes only.
The suit also states that the constables receive no law enforcement
or weapons training from the village, yet carry 9-mm. automatic
pistols. Moreover, Scott said, the constables can be rented
out to village residents for parties.
Fontana said the rangers are part-time but receive law
enforcement and weapons training from their other jobs, but he
could not specify the nature of those jobs. He said the two
rangers carry their weapons with civilian permits and he had not
determined whether they have peace officer status. Fontana said
he was still investigating the case but could not provide specifics
on weapons permits, training or number of constables employed
by the village but said they enforce village codes, such as noise
ordinances, littering or parking rules.
Robilotto, who said he has personally met with village officials
over the issue, said he has no problem with the village having
its own constable force. “If they are willing to pay for it, they
are entitled to it,” he said. “Where we have a problem,” he said, “is when they start violating the law by pulling people over."
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