STATE OF NEW YORK
________________________________________________________________________
S. 5656 A. 8507
2009-2010 Regular Sessions
SENATE - ASSEMBLY
May 26, 2009
___________
IN SENATE -- Introduced by Sen. SAVINO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. ABBATE -- read once and referred
to the Committee on Governmental Employees
AN ACT to amend the town law, in relation to the employer's ability to
suspend a police officer without pay pending disciplinary charges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The second undesignated paragraph of section 155 of the
2 town law, as amended by chapter 310 of the laws of 1962, is amended to
3 read as follows:
4 Any member of such department found guilty upon charges, after five
5 days' notice and an opportunity to be heard in his defense, of neglect
6 or dereliction in the performance of official duty, or of violation of
7 rules or regulations or disobedience, or of incompetency to perform
8 official duty, or of an act of delinquency seriously affecting his
9 general character or fitness for office, may be punished by the town
10 board having jurisdiction, by reprimand, by forfeiture and withholding
11 of salary or compensation for a specified time not exceeding twenty
12 days, by extra tours or hours of duty during a specified period not
13 exceeding twenty days, by suspension from duty for a specified time not
14 exceeding twenty days and the withholding of salary or compensation
15 during such suspension, or by dismissal from the department. Such board
16 shall have the power to suspend, without pay, pending the trial of
17 charges, any member of such police department in accordance with section
18 seventy-five of the civil service law. If any member of such police
19 department so suspended shall not be convicted of the charges so
20 preferred, he shall be entitled to full pay from the date of suspension.
21 The conviction of a member of such police department by the town board
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10880-01-9
S. 5656 2 A. 8507
1 shall be subject to review by the supreme court in the judicial district
2 in which such town is located in the manner provided by article seven-
3 ty-eight of the civil practice law and rules, provided that the proceed-
4 ing is commenced within thirty days from the determination of such
5 conviction by the town board.
6 § 2. This act shall take effect immediately.
