Allows employers to suspend a police officer without pay pending disciplinary charges.
Sponsor: Abbate / Co-sponsor(s): Castelli
Law Section: Town Law / Law: Amd S155, Town L
Sponsor: Abbate / Co-sponsor(s): Castelli
Law Section: Town Law / Law: Amd S155, Town L
A7761A-2011 Actions
- Aug 17, 2012: tabled
- Aug 17, 2012: vetoed memo.141
- Aug 6, 2012: delivered to governor
- Jun 21, 2012: RETURNED TO ASSEMBLY
- Jun 21, 2012: DELIVERED TO ASSEMBLY
- Jun 21, 2012: PASSED SENATE
- Jun 21, 2012: 3RD READING CAL.1461
- Jun 21, 2012: SUBSTITUTED FOR S5336A
- Jun 20, 2012: COMMITTED TO RULES
- Jun 20, 2012: returned to senate
- Jun 20, 2012: repassed assembly
- Jun 13, 2012: amended on third reading 7761a
- Jun 13, 2012: vote reconsidered - restored to third reading
- Jun 13, 2012: RETURNED TO ASSEMBLY
- Jun 13, 2012: recalled from senate
- May 30, 2012: REFERRED TO LOCAL GOVERNMENT
- May 30, 2012: delivered to senate
- May 30, 2012: passed assembly
- May 24, 2012: advanced to third reading cal.639
- May 22, 2012: reported
- May 15, 2012: reported referred to codes
- Jan 18, 2012: committed to governmental employees
- Jan 4, 2012: ordered to third reading cal.259
- Jan 4, 2012: RETURNED TO ASSEMBLY
- Jan 4, 2012: DIED IN SENATE
- Jun 20, 2011: REFERRED TO RULES
- Jun 20, 2011: delivered to senate
- Jun 20, 2011: passed assembly
- Jun 20, 2011: ordered to third reading rules cal.488
- Jun 20, 2011: rules report cal.488
- Jun 20, 2011: reported
- Jun 14, 2011: reported referred to rules
- Jun 7, 2011: reported referred to codes
- May 16, 2011: referred to governmental employees
A7761A-2011 Votes
VOTE: FLOOR VOTE:
- Jun 21, 2012
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley
A7761A-2011 Text
S T A T E O F N E W Y O R K
7761--A
Cal. No. 639 2011-2012 Regular Sessions I N 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:
Section 1. The second undesignated paragraph of section 155 of the town law, as amended by chapter 310 of the laws of 1962, is amended to read as follows:
Any member of such department found guilty upon charges, after five days' notice and an opportunity to be heard in his defense, of neglect or dereliction in the performance of official duty, or of violation of rules or regulations or disobedience, or of incompetency to perform official duty, or of an act of delinquency seriously affecting his general character or fitness for office, may be punished by the town board having jurisdiction, by reprimand, by forfeiture and withholding of salary or compensation for a specified time not exceeding twenty days, by extra tours or hours of duty during a specified period not exceeding twenty days, by suspension from duty for a specified time not exceeding twenty days and the withholding of salary or compensation during such suspension, or by dismissal from the department. Such board shall have the power to suspend, without pay, pending the trial of charges, any member of such police department IN ACCORDANCE WITH SUBDI VISION THREE OF SECTION SEVENTY-FIVE OF THE CIVIL SERVICE LAW. If any member of such police department so suspended shall not be convicted of the charges so preferred, he shall be entitled to full pay from the date of suspension. The conviction of a member of such police department by 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 judicial district in which such town is located in the manner provided by article seventy-eight of the civil practice law and rules, provided that the proceeding is commenced within thirty days from the determi nation of such conviction by the town board.
S 2. This act shall take effect immediately.

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