S5336A-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A7761A
• Jun 21, 2012: ORDERED TO THIRD READING CAL.1461
• Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 13, 2012: PRINT NUMBER 5336A
• Jun 13, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• May 9, 2011: REFERRED TO LOCAL GOVERNMENT

S5336A-2011 Meetings

S5336A-2011 Calendars

S5336A-2011 Votes

S5336A-2011 Memo

BILL NUMBER:S5336A

TITLE OF BILL:
An act
to amend the town law, in relation to the employer's ability to suspend
a police officer without pay pending disciplinary charges

PURPOSE:
This Legislation would make Town Law consistent with Civil Service Law
and Village Law by limiting the period of suspension of a police
officer without pay pending a hearing on disciplinary charges to
thirty days.

SUMMARY OF PROVISIONS:
�1- amends section 155 of the Town Law, to require that a town board
shall have the power to suspend, without pay, pending the trial of
charges, any member of such police department in accordance with
section 75(3) of the Civil Service Law.

�2 - provides for an immediate effective date.

EXISTING LAW:
Section 75 of the Civil Service Law is the default provision governing
the prosecution of disciplinary charges against the majority public
employees in New York State, including police officers. Many police
collective bargaining agreements contain provisions replacing �75
with alternative disciplinary procedures agreed to by the employer
and the representative employee organization. police officers
discipline not covered by collective bargaining agreements can fall
under different procedures depending upon the statute that covers
where they are employed.

JUSTIFICATION:
Unfortunately, the disciplinary procedures set forth in these statutes
differ significantly. One of the ways in which they differ is the
time period for which an officer may be suspended without pay prior
to the hearing on the charges against the officer.

- Civil Service Law �75(3) allows for suspension without pay for a
period not to exceed 30 days.

- Village Law �8-804 limits prehearing suspension without pay to 30 days.

- Town Law �155 allows for suspension without pay pending the trial of
charges for an indefinite period of time.

Police officers employed by Towns face indeterminate suspension
without pay pending disciplinary hearings, which other similarly
situated public employees do not face.

The 30-day limitation provided for by Civil Service Law �75(3)provides
for more consistent public policy without unduly hampering an
employer's authority in disciplinary proceedings.
Under all the aforementioned disciplinary procedures, the
administration of disciplinary charges is totally within the control
of the municipality (employer), including who the hearing officer is,


when the disciplinary hearing is to be conducted, when the transcript
is prepared, when and by whom the transcript is review on behalf of
the municipality and when the municipality makes its final
determination based on the hearing officer's recommendation.

By providing a 30-day limitation on pre-hearing suspension without
pay, the municipality realizes that it will resume paying the
officer's salary after 30 days thus providing the municipality the
impetus to keep the process moving in a timely manner. Under Town Law
�155 there is no such impetus and has the potential for abuse.

There are good and valid reasons why suspension without pay is limited
to 30 days under various provisions of law and therefore should be
extended to police officers covered by Town Law.

LEGISLATIVE HISTORY:
2009 Session: S.5656 Referred to Local Governments - No further action
2010 Session: S.5656 Referred to Local Governments - No further action
Same as bill  A.8507 Passed Assembly in 2009 and 2010 Sessions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S5336A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5336--A
 2011-2012 Regular Sessions
 I N  SENATE
 May 9, 2011
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government -- recom
 mitted to the Committee on Local Government in accordance with  Senate
 Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 

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.
 LBD11473-02-2
 
       S. 5336--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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