NY State Senate Bill 2025-S6738

Senate Bill S6738

2025-2026 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
Mar 21, 2025	referred to local government

2025-S6738 (ACTIVE) - Details

See Assembly Version of this Bill:: A1949
Current Committee:: Senate Local Government
Law Section:: Westchester County
Laws Affected:: Amd §7, Chap 104 of 1936; amd §18, Chap 891 of 1972
Versions Introduced in 2023-2024 Legislative Session:: S9080, A10217

2025-S6738 (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.

2025-S6738 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6738

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.

Village and Town 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:

(2023-2024): S9080/A10217 Referred to Local Government; referred to
Governmental Employees in the Assembly

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
The act would take effect immediately.

2025-S6738 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6738
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2025
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04748-01-5

 S. 6738                             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
 S. 6738                             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.

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