NY State Senate Bill 2023-S9080

Senate Bill S9080

2023-2024 Legislative Session

Provides that a police officer in the county of Westchester can be suspended without pay for not more than 30 days pending a trial of disciplinary charges

download bill text pdf

Current Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 16, 2024	referred to local government

2023-S9080 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Westchester County
Laws Affected:: Amd §7, Chap 104 of 1936; amd §18, Chap 891 of 1972

2023-S9080 (ACTIVE) - Summary

Provides that a police officer in the county of Westchester can be suspended without pay for not more than 30 days pending a trial of disciplinary charges.

2023-S9080 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9080

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend 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 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 officer pending a
trial of disciplinary charges

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides that police officers in the towns and villages of Westchester
county can be suspended without pay for not more than 30 days, pending a
trial of disciplinary charges.This bill does not apply to police offi-
cers in Westchester county who are already covered by section 75 of the
civil service law, and which includes this protection.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 7 of chapter 104 of the laws of 1936 to limit,
pending the trial of charges, the number of days that a police officer
within towns of Westchester county may be suspended without pay to 30
days.

Section 2 amends subdivision 9 of section 18 of section 2 of chapter 891
of the laws of 1972 to limit, pending the trial of charges, the number
of days that a police officer within villages of Westchester county may
be suspended without pay to 30 days.

Section 3 provides the effective date.

 
JUSTIFICATION:

Currently, disciplinary proceedings for police officers who work for
police departments within towns and villages of Westchester county are
governed by chapter 104 of the laws of 1936 and chapter 891 of the laws
of 1972, which only apply to such police officers. These laws do not
limit the number of days these police officers may be suspended without
pay, pending disciplinary hearings, resulting in lengthy suspensions
without pay. Moreover, most police officers throughout the state are
protected by sections 74 and 75 of the civil service law, which limit
the number of days a police officer may be suspended without pay to 30
days.

Police officers in Westchester county should be provided with the same
protections as other police officers throughout the rest of the state.
This legislation would correct this lack of uniformity.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The act would take effect immediately.

2023-S9080 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9080
 
                             I N  S E N A T E
 
                              April 16, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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.

                                                            LBD14779-01-4
 S. 9080                             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]  THEIR
 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]  SUCH  MEMBER'S  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 withhold-
 ing  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 suspen-
 sion, or by dismissal from the department. Such town board or  board  of
 police commissioners shall have the power to suspend, without pay, pend-
 ing  the  trial  of  charges, any member of such police department FOR A
 PERIOD NOT EXCEEDING THIRTY DAYS.  If any member of such police  depart-
 ment so suspended shall not be convicted by such board of the charges so
 preferred,  or  if  on  review  [his]  SUCH MEMBER'S conviction shall be
 reversed, then, notwithstanding such charges and suspension,  [he]  SUCH
 MEMBER  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] SUCH MEMBER from any other employment or occupation during the
 period beginning with such date of suspension to the date of [his]  SUCH
 MEMBER'S  reinstatement  and  [he]  SUCH  MEMBER shall be entitled to an
 order as provided in article seventy-eight of the civil  practice  [act]
 LAW AND RULES to enforce such payment.
   §  2.  Subdivision  9 of section 18 of section 2 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] SUCH MEMBER or them, nor until such charges have
 been investigated, examined, heard and determined by such board of trus-
 tees 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
 S. 9080                             3
 
 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] SUCH MEMBER'S
 defense, of neglect or dereliction in the performance of official  duty,
 or  violation of rules and regulations, or disobedience, or incompetency
 to perform official duty, or an act of delinquency  seriously  affecting
 [his]  SUCH  MEMBER'S  general  character  or fitness for office, may be
 punished by such board of trustees or municipal board before which  such
 charges are tried, by reprimand, forfeiture and the withholding of sala-
 ry  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 department. Such board of trustees or municipal board
 shall have the power to suspend without pay, pending the trial of charg-
 es,  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] SUCH MEMBER'S conviction shall be reversed, then,  notwithstanding
 such  charges  and  suspension,  [he]  SUCH  MEMBER shall be entitled to
 receive full pay from the date of suspension to the date of  [reimburse-
 ment] REINSTATEMENT less the amount of compensation, if any, received by
 [him]  SUCH  MEMBER  from  any other employment or occupation during the
 period beginning with such date of suspension to the date of [his]  SUCH
 MEMBER'S  reinstatement  and  [he]  SUCH  MEMBER 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.
   § 3. This act shall take effect immediately.

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