Bill Text: NY A05821 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to the employer's ability to suspend a police officer without pay pending disciplinary charges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-12-20 - signed chap.696 [A05821 Detail]
Download: New_York-2019-A05821-Amended.html
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. LBD09792-02-9A. 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.