NY State Assembly Bill 2017-A10081A

Assembly Bill A10081A

2017-2018 Legislative Session

Repeals 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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 19, 2018	print number 10081a
Oct 19, 2018	amend (t) and recommit to governmental employees
Mar 14, 2018	referred to governmental employees

Bill Amendments

Original

A (Active)

2017-A10081 - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Westchester County
Laws Affected:: Rpld Chap 104 of 1936; rpld Chap 891 of 1972
Versions Introduced in Other Legislative Sessions:: 2019-2020: A472
2021-2022: A5184
2023-2024: A2417

2017-A10081 - Summary

Relates to providing for the establishment, organization and operation of police departments in the towns of Westchester county.

2017-A10081 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10081
 
                           I N  A S S E M B L Y
 
                              March 14, 2018
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   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:
   §  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09947-01-7

 A. 10081                            2
 
 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] A COURT order [as provided in
 article seventy-eight  of  the  civil  practice  act]  to  enforce  such
 payment.
   §  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
 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

 A. 10081                            3
 
 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] A COURT order [as provided in article seventy-eight of
 the civil practice act] to enforce the payment thereof.
   § 3. This act shall take effect immediately.

2017-A10081A (ACTIVE) - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Westchester County
Laws Affected:: Rpld Chap 104 of 1936; rpld Chap 891 of 1972
Versions Introduced in Other Legislative Sessions:: 2019-2020: A472
2021-2022: A5184
2023-2024: A2417

2017-A10081A (ACTIVE) - Summary

Relates to providing for the establishment, organization and operation of police departments in the towns of Westchester county.

2017-A10081A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10081--A
 
                           I N  A S S E M B L Y
 
                              March 14, 2018
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Governmental  Employees  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to repeal 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 to repeal chapter 891 of
   the laws of 1972  constituting  the  Special  Provisions  for  Village
   Police Departments Law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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, is REPEALED.
   § 2. Chapter  891  of  the  laws  of  1972  constituting  the  Special
 Provisions for Village Police Departments Law, is REPEALED.
   § 3. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09947-02-8

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