[HISTORY: Adopted by the Town Board of the
Town of Goshen as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-25-1990 by L.L. No. 1-1990]
The Town Board of the Town of Goshen does hereby
establish a Police Department to service and/or patrol that portion
of the Town of Goshen outside the incorporated Village of Goshen.
[Added 8-10-2000 by L.L. No. 4-2000;
amended 2-12-2015 by L.L. No. 1-2015]
The Police Chief of the Town of Goshen Police
Department shall, upon his or her appointment to that position, and
at all times during his or her continued employment in that position,
reside at a location within an area of Orange County, New York, that
is within 15 driving miles of the Town of Goshen Police Department
headquarters, located at 44 Police Drive in the Town of Goshen, New
York.
[Adopted 2-14-2013 by L.L. No. 1-2013[1]]
[1]
Editor’s Note: This local law was originally adopted
as Ch. 29A but was renumbered to maintain the organization of the
Code.
Pursuant to §§ 154 and 155 of the New York State
Town Law, the Town Board of the Town of Goshen is empowered to adopt
and make rules and regulations for the examination, hearing, investigation
and determination of the charges made or preferred against any member
or members of the Town of Goshen Police Department. The New York Court
of Appeals' recent determination in Matter of Patrolmen's
Benevolent Assn. of City of N.Y., Inc. v New York State Pub. Empl.
Relations Bd.[1] declared that local village and town boards may not relinquish
or "bargain away" to members, or to their collective bargaining representatives,
the statutorily delegated power of municipal boards to impose disciplinary
measures on members of the local police department. This article is
enacted in order to comply with and conform to the provisions of §§ 154
and 155 of the Town Law, the public policy of the State of New York,
and Court of Appeals case law and provides that the Town Board, not
the Town Supervisor or any other third party, shall make all final
determinations concerning the investigation of complaints and imposition
of disciplinary penalties with respect to members of the Town of Goshen
Police Department.
[1]
Editor's Note: See 6 N.Y.3d 792 (2006).
The investigation of complaints concerning allegations of misconduct
against any member of the Town of Goshen Police Department shall continue
to be investigated pursuant to the procedures currently in effect
and as stated in the Town of Goshen Police Department rules and regulations.
The Chief of Police, the Deputy Chief of Police, or the Chief's
designee shall, upon a determination that a complaint against a member
of the Town of Goshen Police Department is substantiated, prepare
and serve notice upon the member of the Town of Goshen Police Department.
A.Â
Within 14 days of the service of notice of discipline upon a member
of the Town of Goshen Police Department, the Chief of Police, the
Deputy Chief of Police, or the Chief's designee shall conduct
a meeting with the member to discuss the charges alleged in the notice,
as well as to discuss a proposed resolution of the charges.
B.Â
If, after the disciplinary interview, the Chief determines that the
imposition of a disciplinary penalty is required, the Chief shall
issue and serve a written Chief's decision upon the member, informing
him or her of the Chief's determination. The Chief shall provide
a copy of the Chief's decision to the Town Board. Upon the issuance
of the Chiefs decision, the Chief shall refer the notice of discipline
to the Town Board for a determination of the charges and the proposed
resolution of the charges.
A.Â
Within 14 days of the member receiving the Chief's decision that
imposition of a disciplinary penalty is required, the member may request
a hearing on the charges by having a written demand for a hearing
served upon the Town Supervisor.
B.Â
Within 45 days of the Town Supervisor's receipt of a member's
written demand for a hearing, the Town Board shall do one of the following:
(1)Â
Designate a Town Board member to sit as a trier of fact to determine
the charges filed against the member of the Town of Goshen Police
Department; or
(2)Â
Select a hearing officer to sit as a trier of fact to determine the
charges filed against the member of the Town of Goshen Police Department.
A.Â
The hearing officer or Town Board member selected to hear and determine
the charges shall conduct a hearing and shall issue a decision containing
recommended findings of fact and a recommended disciplinary penalty,
if applicable, to the Town Board. Said decision shall be reviewed
by the Town Board, and after its review, the Town Board may accept
or reject, in whole or in part, the recommended findings of fact and/or
the recommended disciplinary penalty, if applicable.
B.Â
The Town Board shall make a final determination of the charges alleged
in the notice of discipline and, where applicable, shall impose any
penalty consistent with the provisions of the New York State Town
Law or any other penalty agreed to between the Town Board and the
respondent member.
In accord with Town Law § 155, the determination of
the Town Board shall be subject to review by the Supreme Court in
the judicial district in which the Town is located in the manner provided
for by Article 78 of the Civil Practice Law and Rules, provided that
the proceeding is commenced within 30 days from the date of the Town
Board's determination.
A.Â
Any member that is served with a notice of discipline may have a
representative or legal counsel represent him or her in connection
with any proceedings provided for by this article.
B.Â
The hearing of the charges alleged in the notice of discipline shall
be conducted in accordance with the provisions of Town Law § 155,
and such hearing shall be transcribed by a stenographer. A copy of
the transcript of the proceedings shall be provided to the member
free of charge.
The Chief of Police is hereby directed to take all necessary
steps to implement the provisions of this article and to provide notice
of the same to the members of the Town of Goshen Police Department.
