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Assembly Bill A7761

Vetoed By Governor

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Vetoed by Governor

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Bill Amendments

co-Sponsors

2011-A7761 - Details

Law Section:
Town Law
Laws Affected:
Amd §155, Town L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8507
2013-2014: A7018

2011-A7761 - Summary

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

2011-A7761 - Bill Text download pdf 

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

                                  7761

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

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
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 seven-
ty-eight of the civil practice law and rules, provided that the proceed-
ing is commenced within thirty  days  from  the  determination  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

co-Sponsors

2011-A7761A (ACTIVE) - Details

Law Section:
Town Law
Laws Affected:
Amd §155, Town L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8507
2013-2014: A7018

2011-A7761A (ACTIVE) - Summary

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

2011-A7761A (ACTIVE) - Bill Text download pdf 

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

                                 7761--A
                                                        Cal. No. 639

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced by M. of A. ABBATE, CASTELLI -- read once and referred to the
  Committee  on  Governmental Employees -- passed by Assembly and deliv-
  ered to the Senate, recalled from the Senate, vote reconsidered,  bill
  amended,  ordered reprinted, retaining its place on the order of third
  reading

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.

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