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A07018 Summary:

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A07018 Floor Votes:

A07018 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7018
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 29, 2013
                                       ___________
 
        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  subdi-
    18  vision  three  of section seventy-five of the civil service law.  If any
    19  member of such police department so suspended shall not be convicted  of
    20  the charges so preferred, he shall be entitled to full pay from the date
    21  of  suspension.  The conviction of a member of such police department by
    22  the town board shall be subject to review by the supreme  court  in  the
    23  judicial  district  in which such town is located in the manner provided
    24  by article seventy-eight of the civil practice law and  rules,  provided

    25  that  the  proceeding  is commenced within thirty days from the determi-
    26  nation of such conviction by the town board.
    27    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10496-01-3