[HISTORY: Adopted by the Board of Trustees
of the Village of Spring Valley as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-22-2008 by L.L. No. 2-2008[1]]
[1]
Editor's Note: "The Village Board of Trustees
finds that the best interest of the residents of the Village would
be served if the Board of Trustees, acting as Police Commissioners,
had the power and authority to appoint a hearing examiner to hear
disciplinary charges brought against Village police officers who will
be charged with the responsibility to make recommendations to the
Board of Trustees regarding the guilt or innocence of the officers
charged and to the appropriate penalty."
This article is adopted pursuant to Chapter
524 of the Laws of 1936, as amended, which provides that a board of
trustees or municipal board shall have the power and is authorized
to adopt and make rules and regulations for the examination, hearing,
investigation and determination of charges, made or preferred against
any member or members of a Village police department.
A.Â
Except as to the discipline of the Chief of Police,
all formal departmental disciplinary charges against Village police
officers shall be brought by the Chief of Police of the Village of
Spring Valley, subject to the requirements of applicable law. All
such charges may be heard by a hearing officer appointed by the Board
of Trustees, acting as Police Commissioners of the Village of Spring
Valley, who shall make a recommendation to the Board of Trustees,
acting as Police Commissioners of the Village of Spring Valley, regarding
the guilt or innocence and appropriate penalty.
B.Â
In the case of discipline of the Chief of Police of
the Village of Spring Valley, such charges shall be brought by the
Mayor of the Village of Spring Valley and shall be heard by a hearing
officer appointed by the Board of Trustees, for the purposes of making
a recommendation to the Board of Trustees, acting as Police Commissioners
of the Village, regarding the guilt or innocence and appropriate penalty.
In all other instances, the Board of Trustees,
acting as Police Commissioners of the Village of Spring Valley, shall
have all of the powers and duties granted to the Board of Trustees,
acting as Police Commissioners of the Village of Spring Valley, under
Chapter 524 of the Laws of 1936, as amended.
This article shall apply retroactively to all
disciplinary matters involving or relating to police officers pending
in the Village of Spring Valley.
