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A10081 Summary:

BILL NOA10081
 
SAME ASSAME AS S04661
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd 7, Chap 104 of 1936; amd 18, Chap 891 of 1972
 
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.
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A10081 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10081
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend chapter 104 of the laws of 1936 relat- ing 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: 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.   SUMMARY OF PROVISIONS: Section one amends section 7 of chapter 104 of the laws of 1936 to read that a 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. Section two amends subdivision 9 of section 18 of chapter 891 of the laws of 1972 is amended to read that a board of trustees or municipal board 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. Section three establishes the effective date.   JUSTIFICATION: This legislation is designed to comport the Westchester Police Act with New York State Civil Service Law, specifically sections 75 and 76, which govern procedures for disciplining public employees, including police officers. Currently, establishment of and disciplinary proceedings for police departments created in the towns and villages of Westchester County are governed by the Westchester Police Act, which sets special provisions applicable only to the county's police departments. This eighty-five year old law creates a great disparity in the way disciplinary measures are enforced against police officers in departments in the county verses the those in the rest of the state. Section 75 of the Civil Service law includes similar language to the Westchester Police Act; however, it provides that the employee may be suspended without pay "for a period not exceeding thirty days," a key provision absent in the Westchester Police Act. Court decisions have interpreted the absence of this language to read as though the municipalities in Westchester may indefi- nitely suspend, without pay, a police officer pending a trial of disci- plinary charges. Disciplinary procedures for police officers in Westchester County should comport with those held across other areas of the state. The current state of this outdated law has resulted in lengthy suspensions which is often more costly to the municipality than if the matter was adjudicated timely, as required under the Civil Service law. The impact of omitting the language, "for a period not exceeding thirty days," could not be foreseen when the law was crafted in 1936 as it predates the protections established under subdivision 3 of section 75 of the Civil Service law, which established this language, and was amended as recently as 1984. This bill will conform the provisions governing the police departments within Westchester County to those enumerated in the Civil Service law.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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