Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to local government |
May 26, 2009 |
referred to local government |
Senate Bill S5656
2009-2010 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Local Government Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) Senate District
2009-S5656 (ACTIVE) - Details
2009-S5656 (ACTIVE) - Sponsor Memo
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
2009-S5656 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 5656 A. 8507 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y May 26, 2009 ___________ IN SENATE -- Introduced by Sen. SAVINO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10880-01-9
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