senate Bill S5336A

Vetoed By Governor
2011-2012 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 Via A7761 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 tabled
vetoed memo.141
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
delivered to assembly
passed senate
3rd reading cal.1461
substituted for s5336a
Jun 21, 2012 substituted by a7761a
ordered to third reading cal.1461
committee discharged and committed to rules
Jun 13, 2012 print number 5336a
amend and recommit to local government
Jan 04, 2012 referred to local government
May 09, 2011 referred to local government

S5336 - Details

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

S5336 - Summary

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

S5336 - Sponsor Memo

S5336 - Bill Text download pdf

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

                                  5336

                       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

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

S5336A (ACTIVE) - Details

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

S5336A (ACTIVE) - Summary

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

S5336A (ACTIVE) - Sponsor Memo

S5336A (ACTIVE) - Bill Text download pdf

                    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

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