New York State Assembly

 
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A05821 Summary:

A05821 Actions:

A05821 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Abbate      
DATE:06/05/2019AYE/NAY:14/0  Action: Favorable refer to committee Rules        
Abbate
Aye
Malliotakis
Aye
Aubry
Aye
Johns
Aye
Colton
Aye
Palumbo
Aye
Cusick
Aye
DeStefano
Aye
Zebrowski
Aye
DenDekker
Aye
Santabarbara
Aye
Pheffer Amato
Aye
Ryan
Aye
Griffin
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/11/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Excused

A05821 Floor Votes:

A05821 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5821--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2019
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees -- reported and referred to the Committee on
          Rules  --  Rules Committee discharged, bill amended, ordered reprinted
          as amended and recommitted to the Committee on Rules
 
        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]
    16  Notwithstanding chapters one hundred four and five  hundred  twenty-four
    17  of  the  laws  of nineteen hundred thirty-six, such board shall have the
    18  power to suspend, without pay, pending the trial of charges, any  member
    19  of  such  police  department  in  accordance  with  subdivision three of
    20  section seventy-five of the civil service law.   If any member  of  such
    21  police  department so suspended shall not be convicted of the charges so
    22  preferred, he shall be entitled to full pay from the date of suspension.
    23  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.
                                                                   LBD09792-02-9
        A. 5821--A                          2
 
     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.