S T A T E O F N E W Y O R K
________________________________________________________________________
6046
2011-2012 Regular Sessions
I N A S S E M B L Y
March 4, 2011
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend chapter 104 of the laws of 1936 relating to providing
for the establishment, organization and operation of police depart-
ments in the towns of Westchester county and chapter 891 of the laws
of 1972 relating to continuing special provisions relating to police
departments of certain villages, in relation to suspension of an offi-
cer pending a trial of disciplinary charges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 104 of the laws of 1936 relating to
providing for the establishment, organization and operation of police
departments in the towns of Westchester county, as amended by chapter
812 of the laws of 1941, is amended to read as follows:
S 7. Discipline and charges. Except as otherwise provided by law, a
member of such police department shall continue in office unless
suspended or dismissed. The town board or board of police commissioners
shall have power and is authorized to adopt and make rules and regu-
lations for the examination, hearing, investigation and determination of
charges, made or preferred against any member or members of such police
department, but no member or members of such police department shall be
fined, reprimanded, removed or dismissed until written charges shall
have been investigated, examined, heard and determined by such town
board or board of police commissioners in such manner, procedure, prac-
tice, examination and investigation as such board may, by such rules and
regulations from time to time prescribe, except that the trial of such
charges shall not be delegated and must be heard before the full town
board or full board of police commissioners or a majority of the members
of either of such boards, and the affirmative vote of a majority of such
members shall be necessary for a conviction on any such charges. Such
charges shall not be brought more than ninety days after the time when
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09330-03-1
A. 6046 2
the facts upon which such charges are based are known to such town board
or board of police commissioners. Any member of such police department
at the time of the hearing or trial of such charges before such town
board or board of police commissioners shall have the right to a public
hearing and trial and to be represented by counsel at any such hearing
or trial and any person who shall have preferred such charges or any
part of the same shall not sit as a member of such town board or board
of police commissioners upon such hearing or trial and any and all
witnesses produced upon the trial shall testify under oath.
Any member of such department found guilty upon charges after five
days' written notice and an opportunity to be heard in his defense, of
neglect or dereliction in the performance of official duty, or violation
of rules or regulations or disobedience, or incompetency to perform
official duty, or an act of delinquency seriously affecting his general
character or fitness for office, may be punished by such town board or
board of police commissioners before which such charges are tried, by
reprimand, forfeiture and the withholding of salary or compensation for
a specified time 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 depart-
ment. Such town board or board of police commissioners shall have the
power to suspend, without pay, pending the trial of charges, any member
of such police department FOR A PERIOD NOT EXCEEDING THIRTY DAYS. If
any member of such police department so suspended shall not be convicted
by such board of the charges so preferred, or if on review his
conviction shall be reversed, then, notwithstanding such charges and
suspension, he shall be entitled to full pay from the date of suspension
to the date of reinstatement less the amount of compensation, if any,
received by him from any other employment or occupation during the peri-
od beginning with such date of suspension to the date of his rein-
statement and he shall be entitled to an order as provided in article
seventy-eight of the civil practice [act] LAW AND RULES to enforce such
payment.
S 2. Subdivision 9 of section 18 of chapter 891 of the laws of 1972
relating to continuing special provisions relating to police departments
of certain villages is amended to read as follows:
9. Discipline and charges. Except as otherwise provided by law, a
member of such police force shall continue in office unless suspended or
dismissed. The board of trustees or municipal board shall have power and
is authorized to adopt and make rules and regulations for the examina-
tion, hearing, investigation and determination of charges, made or
preferred against any member or members of such police force, but no
member or members of such police force shall be fined, reprimanded,
removed or dismissed until written charges shall have been made and
preferred against him or them, nor until such charges have been investi-
gated, examined, heard and determined by such board of trustees or
municipal board in such manner, procedure, practice, examination and
investigation as such board may by such rules and regulations from time
to time prescribe, except that the trial of such charges shall not be
delegated and must be heard before the full board of trustees or full
municipal board, or a majority of the members of either of such boards,
and the affirmative vote of a majority of such members shall be neces-
sary to a conviction on any such charges. Such charges shall not be
brought more than ninety days after the time when the facts upon which
such charges are based are known to such board of trustees or municipal
board. Any member of such police force at the time of the hearing or
A. 6046 3
trial of such charges before such board of trustees or municipal board
shall have the right to a public hearing and trial and to be represented
by counsel at any such hearing or trial, and any person who shall have
preferred such charges or any part of the same shall not sit as a member
of such board of trustees or municipal board upon such hearing or trial.
Any and all witnesses produced upon the trial shall testify under oath.
Any member of such force found guilty upon charges, after five days'
written notice and an opportunity to be heard in his defense, of neglect
or dereliction in the performance of official duty, or violation of
rules and regulations, or disobedience, or incompetency to perform offi-
cial duty, or an act of delinquency seriously affecting his general
character or fitness for office, may be punished by such board of trus-
tees or municipal board before which such charges are tried, by repri-
mand, forfeiture and the withholding of salary or compensation for a
specified time not exceeding twenty days and the withholding of salary
or compensation during such suspension, or by dismissal from the depart-
ment. Such board of trustees or municipal board shall have the power to
suspend without pay, pending the trial of charges, any member of such
police force FOR A PERIOD NOT TO EXCEED THIRTY DAYS. If any member of
such police force so suspended shall not be convicted by such board of
the charges so preferred, or if on review his conviction shall be
reversed, then, notwithstanding such charges and suspension, he shall be
entitled to receive full pay from the date of suspension to the date of
reimbursement less the amount of compensation, if any, received by him
from any other employment or occupation during the period beginning with
such date of suspension to the date of his reinstatement and he shall be
entitled to an order as provided in article seventy-eight of the civil
practice [act] LAW AND RULES to enforce the payment thereof.
S 3. This act shall take effect immediately.