senate Bill S5336A

Allows employers to suspend a police officer without pay pending disciplinary charges

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / May / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 13 / Jun / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 13 / Jun / 2012
    • PRINT NUMBER 5336A
  • 21 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1461
  • 21 / Jun / 2012
    • SUBSTITUTED BY A7761A

Summary

Allows employers to suspend a police officer without pay pending disciplinary charges.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A7761A
Versions:
S5336
S5336A
Legislative Cycle:
2011-2012
Law Section:
Town Law
Laws Affected:
Amd §155, Town L
Versions Introduced in 2009-2010 Legislative Cycle:
S5656, A8507

Sponsor Memo

BILL NUMBER:S5336A

TITLE OF BILL:
An act
to amend the town law, in relation to the employer's ability to suspend
a police officer without pay pending disciplinary charges

PURPOSE:
This Legislation would make Town Law consistent with Civil Service Law
and Village Law by limiting the period of suspension of a police
officer without pay pending a hearing on disciplinary charges to
thirty days.

SUMMARY OF PROVISIONS:
§1- amends section 155 of the Town Law, to require that a town board
shall have the power to suspend, without pay, pending the trial of
charges, any member of such police department in accordance with
section 75(3) of the Civil Service Law.

§2 - provides for an immediate effective date.

EXISTING LAW:
Section 75 of the Civil Service Law is the default provision governing
the prosecution of disciplinary charges against the majority public
employees in New York State, including police officers. Many police
collective bargaining agreements contain provisions replacing §75
with alternative disciplinary procedures agreed to by the employer
and the representative employee organization. police officers
discipline not covered by collective bargaining agreements can fall
under different procedures depending upon the statute that covers
where they are employed.

JUSTIFICATION:
Unfortunately, the disciplinary procedures set forth in these statutes
differ significantly. One of the ways in which they differ is the
time period for which an officer may be suspended without pay prior
to the hearing on the charges against the officer.

- Civil Service Law §75(3) allows for suspension without pay for a
period not to exceed 30 days.

- Village Law §8-804 limits prehearing suspension without pay to 30 days.

- Town Law §155 allows for suspension without pay pending the trial of
charges for an indefinite period of time.

Police officers employed by Towns face indeterminate suspension
without pay pending disciplinary hearings, which other similarly
situated public employees do not face.

The 30-day limitation provided for by Civil Service Law §75(3)provides
for more consistent public policy without unduly hampering an
employer's authority in disciplinary proceedings.
Under all the aforementioned disciplinary procedures, the
administration of disciplinary charges is totally within the control
of the municipality (employer), including who the hearing officer is,


when the disciplinary hearing is to be conducted, when the transcript
is prepared, when and by whom the transcript is review on behalf of
the municipality and when the municipality makes its final
determination based on the hearing officer's recommendation.

By providing a 30-day limitation on pre-hearing suspension without
pay, the municipality realizes that it will resume paying the
officer's salary after 30 days thus providing the municipality the
impetus to keep the process moving in a timely manner. Under Town Law
§155 there is no such impetus and has the potential for abuse.

There are good and valid reasons why suspension without pay is limited
to 30 days under various provisions of law and therefore should be
extended to police officers covered by Town Law.

LEGISLATIVE HISTORY:
2009 Session: S.5656 Referred to Local Governments - No further action
2010 Session: S.5656 Referred to Local Governments - No further action
Same as bill A.8507 Passed Assembly in 2009 and 2010 Sessions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5336--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 9, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the town law, in relation to the employer's  ability  to
  suspend a police officer without pay pending disciplinary charges

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The second undesignated paragraph of  section  155  of  the
town  law,  as amended by chapter 310 of the laws of 1962, is amended to
read as follows:
  Any member of such department found guilty upon  charges,  after  five
days'  notice  and an opportunity to be heard in his defense, of neglect
or dereliction in the performance of official duty, or of  violation  of
rules  or  regulations  or  disobedience,  or of incompetency to perform
official duty, or of an  act  of  delinquency  seriously  affecting  his
general  character  or  fitness  for office, may be punished by the town
board having jurisdiction, by reprimand, by forfeiture  and  withholding
of  salary  or  compensation  for  a specified time not exceeding twenty
days, by extra tours or hours of duty  during  a  specified  period  not
exceeding  twenty days, by suspension from duty for a specified time not
exceeding twenty days and the  withholding  of  salary  or  compensation
during  such suspension, or by dismissal from the department. Such board
shall have the power to suspend,  without  pay,  pending  the  trial  of
charges,  any member of such police department IN ACCORDANCE WITH SUBDI-
VISION THREE OF SECTION SEVENTY-FIVE OF THE CIVIL SERVICE LAW.   If  any
member  of such police department so suspended shall not be convicted of
the charges so preferred, he shall be entitled to full pay from the date
of suspension. The conviction of a member of such police  department  by
the  town  board  shall be subject to review by the supreme court in the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-02-2

S. 5336--A                          2

judicial district in which such town is located in the  manner  provided
by  article  seventy-eight of the civil practice law and rules, provided
that the proceeding is commenced within thirty days  from  the  determi-
nation of such conviction by the town board.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.