S04661 Summary:

BILL NOS04661
 
SAME ASNo Same As
 
SPONSORMURPHY
 
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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S04661 Actions:

BILL NOS04661
 
02/23/2017REFERRED TO LOCAL GOVERNMENT
01/03/2018REFERRED TO LOCAL GOVERNMENT
01/23/20181ST REPORT CAL.271
01/29/20182ND REPORT CAL.
01/30/2018ADVANCED TO THIRD READING
06/20/2018COMMITTED TO RULES
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S04661 Committee Votes:

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S04661 Floor Votes:

There are no votes for this bill in this legislative session.
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S04661 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4661
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 23, 2017
                                       ___________
 
        Introduced  by  Sen.  MURPHY -- 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:
 
     1    Section  1.  Section  7 of chapter 104 of the laws of 1936 relating to
     2  providing for the establishment, organization and  operation  of  police
     3  departments  in  the  towns of Westchester county, as amended by chapter
     4  812 of the laws of 1941, is amended to read as follows:
     5    § 7. Discipline and charges. Except as otherwise provided  by  law,  a
     6  member  of  such  police  department  shall  continue  in  office unless
     7  suspended or dismissed. The town board or board of police  commissioners
     8  shall  have  power  and  is authorized to adopt and make rules and regu-
     9  lations for the examination, hearing, investigation and determination of
    10  charges, made or preferred against any member or members of such  police
    11  department,  but no member or members of such police department shall be
    12  fined, reprimanded, removed or dismissed  until  written  charges  shall
    13  have  been  investigated,  examined,  heard  and determined by such town
    14  board or board of police commissioners in such manner, procedure,  prac-
    15  tice, examination and investigation as such board may, by such rules and
    16  regulations  from  time to time prescribe, except that the trial of such
    17  charges shall not be delegated and must be heard before  the  full  town
    18  board or full board of police commissioners or a majority of the members
    19  of either of such boards, and the affirmative vote of a majority of such
    20  members  shall  be  necessary for a conviction on any such charges. Such
    21  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.
                                                                   LBD09947-01-7

        S. 4661                             2
 
     1  the facts upon which such charges are based are known to such town board
     2  or  board of police commissioners.  Any member of such police department
     3  at the time of the hearing or trial of such  charges  before  such  town
     4  board  or board of police commissioners shall have the right to a public
     5  hearing and trial and to be represented by counsel at any  such  hearing
     6  or  trial  and  any  person who shall have preferred such charges or any
     7  part of the same shall not sit as a member of such town board  or  board
     8  of  police  commissioners  upon  such  hearing  or trial and any and all
     9  witnesses produced upon the trial shall testify under oath.
    10    Any member of such department found guilty  upon  charges  after  five
    11  days'  written  notice and an opportunity to be heard in his defense, of
    12  neglect or dereliction in the performance of official duty, or violation
    13  of rules or regulations or  disobedience,  or  incompetency  to  perform
    14  official  duty, or an act of delinquency seriously affecting his general
    15  character or fitness for office, may be punished by such town  board  or
    16  board  of  police  commissioners before which such charges are tried, by
    17  reprimand, forfeiture and the withholding of salary or compensation  for
    18  a  specified time not exceeding twenty days, by suspension from duty for
    19  a specified time not exceeding twenty days and the withholding of salary
    20  or compensation during such suspension, or by dismissal from the depart-
    21  ment. Such town board or board of police commissioners  shall  have  the
    22  power  to suspend, without pay, pending the trial of charges, any member
    23  of such police department for a period not exceeding thirty  days.    If
    24  any member of such police department so suspended shall not be convicted
    25  by  such  board  of  the  charges  so  preferred,  or  if  on review his
    26  conviction shall be reversed, then,  notwithstanding  such  charges  and
    27  suspension, he shall be entitled to full pay from the date of suspension
    28  to  the  date  of reinstatement less the amount of compensation, if any,
    29  received by him from any other employment or occupation during the peri-
    30  od beginning with such date of suspension  to  the  date  of  his  rein-
    31  statement and he shall be entitled to [an] a court order [as provided in
    32  article  seventy-eight  of  the  civil  practice  act]  to  enforce such
    33  payment.
    34    § 2.  Subdivision 9 of section 18 of chapter 891 of the laws  of  1972
    35  relating to continuing special provisions relating to police departments
    36  of certain villages is amended to read as follows:
    37    9.  Discipline  and  charges.  Except  as otherwise provided by law, a
    38  member of such police force shall continue in office unless suspended or
    39  dismissed. The board of trustees or municipal board shall have power and
    40  is authorized to adopt and make rules and regulations for  the  examina-
    41  tion,  hearing,  investigation  and  determination  of  charges, made or
    42  preferred against any member or members of such  police  force,  but  no
    43  member  or  members  of  such  police force shall be fined, reprimanded,
    44  removed or dismissed until written charges  shall  have  been  made  and
    45  preferred against him or them, nor until such charges have been investi-
    46  gated,  examined,  heard  and  determined  by  such board of trustees or
    47  municipal board in such manner,  procedure,  practice,  examination  and
    48  investigation  as such board may by such rules and regulations from time
    49  to time prescribe, except that the trial of such charges  shall  not  be
    50  delegated  and  must  be heard before the full board of trustees or full
    51  municipal board, or a majority of the members of either of such  boards,
    52  and  the  affirmative vote of a majority of such members shall be neces-
    53  sary to a conviction on any such charges.  Such  charges  shall  not  be
    54  brought  more  than ninety days after the time when the facts upon which
    55  such charges are based are known to such board of trustees or  municipal
    56  board.  Any  member  of  such police force at the time of the hearing or

        S. 4661                             3
 
     1  trial of such charges before such board of trustees or  municipal  board
     2  shall have the right to a public hearing and trial and to be represented
     3  by  counsel  at any such hearing or trial, and any person who shall have
     4  preferred such charges or any part of the same shall not sit as a member
     5  of such board of trustees or municipal board upon such hearing or trial.
     6  Any  and all witnesses produced upon the trial shall testify under oath.
     7  Any member of such force found guilty upon  charges,  after  five  days'
     8  written notice and an opportunity to be heard in his defense, of neglect
     9  or  dereliction  in  the  performance  of official duty, or violation of
    10  rules and regulations, or disobedience, or incompetency to perform offi-
    11  cial duty, or an act of  delinquency  seriously  affecting  his  general
    12  character  or fitness for office, may be punished by such board of trus-
    13  tees or municipal board before which such charges are tried,  by  repri-
    14  mand,  forfeiture  and  the  withholding of salary or compensation for a
    15  specified time not exceeding twenty days and the withholding  of  salary
    16  or compensation during such suspension, or by dismissal from the depart-
    17  ment.  Such board of trustees or municipal board shall have the power to
    18  suspend without pay, pending the trial of charges, any  member  of  such
    19  police  force  for a period not to exceed thirty days.  If any member of
    20  such police force so suspended shall not be convicted by such  board  of
    21  the  charges  so  preferred,  or  if  on  review his conviction shall be
    22  reversed, then, notwithstanding such charges and suspension, he shall be
    23  entitled to receive full pay from the date of suspension to the date  of
    24  reimbursement  less  the amount of compensation, if any, received by him
    25  from any other employment or occupation during the period beginning with
    26  such date of suspension to the date of his reinstatement and he shall be
    27  entitled to [an] a court order [as provided in article seventy-eight  of
    28  the civil practice act] to enforce the payment thereof.
    29    § 3. This act shall take effect immediately.
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