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A07761 Summary:

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A07761 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7761--A
                                                                Cal. No. 639
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 16, 2011
                                       ___________
 
        Introduced by M. of A. ABBATE, CASTELLI -- read once and referred to the
          Committee  on  Governmental Employees -- passed by Assembly and deliv-
          ered to the Senate, recalled from the Senate, vote reconsidered,  bill
          amended,  ordered reprinted, retaining its place on the order of third

          reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11473-03-2
        A. 7761--A                          2
 
     1  judicial district in which such town is located in the  manner  provided
     2  by  article  seventy-eight of the civil practice law and rules, provided
     3  that the proceeding is commenced within thirty days  from  the  determi-
     4  nation of such conviction by the town board.
     5    § 2. This act shall take effect immediately.