Senate Bill S5656

                                 BILL NUMBER:  S5656

 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 of the Civil Service Law.

 EXISTING LAW :
Section 75 of the Civil Service Law is the default provision governing
the prosecution of disciplinary charges against 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
different 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 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 employer 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 provides
for more consistent public policy without unduly hampering an
employer's authority in disciplinary proceedings. Under all the
aforementioned disciplinary procedure, 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 an
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: New Legislation

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.