Assembly Bill A7018

Vetoed By Governor
2013-2014 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2013-A7018 (ACTIVE) - Details

See Senate Version of this Bill:
S4824
Law Section:
Town Law
Laws Affected:
Amd §155, Town L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8507, S5656
2011-2012: A7761, S5336

2013-A7018 (ACTIVE) - Summary

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

2013-A7018 (ACTIVE) - Bill Text download pdf 

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

                                  7018

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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