Assembly Bill A5821A

Signed By Governor
2019-2020 Legislative Session

Relates to the employer's ability to suspend a police officer without pay pending disciplinary charges

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Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

2019-A5821 - Details

See Senate Version of this Bill:
S4083
Law Section:
Town Law
Laws Affected:
Amd §155, Town L

2019-A5821 - Summary

Relates to the employer's ability to suspend a police officer without pay pending disciplinary charges.

2019-A5821 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5821
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 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.
   § 2. This act shall take effect immediately.

2019-A5821A (ACTIVE) - Details

See Senate Version of this Bill:
S4083
Law Section:
Town Law
Laws Affected:
Amd §155, Town L

2019-A5821A (ACTIVE) - Summary

Relates to the employer's ability to suspend a police officer without pay pending disciplinary charges.

2019-A5821A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5821--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees -- reported and referred to the Committee on
   Rules  --  Rules Committee discharged, bill amended, ordered reprinted
   as amended and recommitted to the Committee on Rules
 
 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]
 NOTWITHSTANDING CHAPTERS ONE HUNDRED FOUR AND FIVE  HUNDRED  TWENTY-FOUR
 OF  THE  LAWS  OF NINETEEN HUNDRED THIRTY-SIX, SUCH board shall have the
 power to suspend, without pay, pending the trial of charges, any  member
 of  such  police  department  IN  ACCORDANCE  WITH  SUBDIVISION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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