|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Nov 21, 2014||
|Nov 10, 2014||
delivered to governor
|Jun 03, 2014||
returned to assembly
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
|Jun 10, 2013||
ordered to third reading cal.1204
committee discharged and committed to rules
|Apr 25, 2013||
referred to local government
senate Bill S4824
Allows employers to suspend a police officer without pay pending disciplinary charges
Archive: Last Bill Status Via A7018 - Vetoed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
view actions (20)
Jun 3, 2014 - floor VoteA7018563floor56Aye3Nay0Absent2Excused0Abstained
show floor vote details
Floor Vote: Jun 3, 2014aye (56)
May 20, 2014 - Local Government committee VoteS482450committee5Aye0Nay4Aye with Reservations0Absent0Excused0Abstained
Jun 11, 2013 - floor VoteS4824584floor58Aye4Nay0Absent1Excused0Abstained
show floor vote details
Floor Vote: Jun 11, 2013aye (58)
Jun 10, 2013 - Rules committee VoteS4824241committee24Aye1Nay0Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S4824 - Bill Details
S4824 - Bill Texts
Allows employers to suspend a police officer without pay pending disciplinary charges.
view sponsor memo
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
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
-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.
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
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
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