S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1949
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04748-01-5
              

 A. 1949                             2
 
 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
 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
 A. 1949                             3
 
 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
 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.