senate Bill S4824

Vetoed By Governor
2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7018 - Vetoed by Governor


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

do you support this bill?

Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 tabled
vetoed memo.490
Nov 10, 2014 delivered to governor
Jun 03, 2014 returned to assembly
passed senate
3rd reading cal.884
substituted for s4824
Jun 03, 2014 substituted by a7018
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.884
Jan 08, 2014 referred to local government
returned to senate
died in assembly
Jun 11, 2013 referred to codes
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1204
committee discharged and committed to rules
Apr 25, 2013 referred to local government

Votes

view votes

May 20, 2014 - Local Government committee Vote

S4824
5
0
committee
5
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: May 20, 2014

Jun 10, 2013 - Rules committee Vote

S4824
24
1
committee
24
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S4824 - Bill Details

See Assembly Version of this Bill:
A7018
Law Section:
Town Law
Laws Affected:
Amd §155, Town L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5336A, A7761A
2009-2010: S5656, A8507

S4824 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4824

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(3) of the Civil Service Law.

§ 2 - provides for an immediate effective date.

EXISTING LAW: Section 75 of the Civil Service Law is the default
provision governing the prosecution of disciplinary charges against
the majority 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 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(3) 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 employed 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(3)provides for more consistent public policy without unduly
hampering an employer's authority in disciplinary proceedings. Under
all the aforementioned disciplinary procedures, 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 the
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: S.5656 referred to Local Governments - no further action
2010 Session: S.5656 referred to Local Governments - no further
action, Same as bill A.8507 passed Assembly in 2009 and 2010 Sessions
2012 Session vetoed by Governor VM 121 - From veto message: "...it
would constrain the ability of a town police department to effectively
manage its workforce when allegations of misconduct arise."; the
sponsor believes that this veto is mistaken or possibly ill-informed,
given that the administration of disciplinary charges are completely
in the control of the employer.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4824

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 25, 2013
                               ___________

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 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
judicial district in which such town is located in the  manner  provided
by  article  seventy-eight of the civil practice law and rules, provided
that the proceeding is commenced within thirty days  from  the  determi-
nation 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
                      [ ] is old law to be omitted.
                                                           LBD10496-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.