[HISTORY: Adopted by the Board of Trustees of the Village of Groton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-1980 by resolution]
A Board of Police Commissioners is hereby created, consisting of three
members, one of which shall be the Police Commissioner-Trustee of the Village
of Groton, and the remaining two members shall be appointed from the community
at large.
In the first instance, appointments shall be for a term of one, two
and three years, respectively. Thereafter, the term of office of each member
shall be for three years.
[Amended 3-19-2007 by L.L. No. 2-2007]
The Village Board member shall serve as Chairperson of this Board.
[Amended 12-10-1990 by L.L. No. 2-1990; 3-19-2007
by L.L. No. 2-2007]
The annual fee for serving on this Board shall be at a rate to be determined
by the Board of Trustees, not less than $50 per year, per member.
[Amended 7-27-1987 by resolution]
A.
At the first meeting of the Board of Police Commissioners
held in the month of April of each year, the Police Commissioners shall organize
as a Board under the Chairmanship of the Police Commissioner-Trustee.
B.
Meetings.
(1)
The Board of Police Commissioners shall hold regular
and special meetings at such time as the Board may determine from time to
time; provided, however, that in any event, the Board shall meet at least
six times during any year.
[Amended 3-19-2007 by L.L. No. 2-2007]
(2)
A quorum of the Board of Police Commissioners shall be
comprised of two members, at least one of whom shall be the Police Commissioner-Trustee.
C.
A Police Commissioner shall be a resident of the Village
of Groton, shall be over the age of 18 and shall be a citizen of the United
States of America. Each Police Commissioner shall hold office for the length
of his or her term and until a successor shall have been chosen and qualified.
Vacancies in the office of Police Commissioner shall be filled in accordance
with the procedures set forth in the Village Law of the State of New York.
D.
On its own initiative or at the request of the Mayor
or the Village Board of Trustees, the Board of Police Commissioners shall
make recommendations to the Village Board of Trustees on any matter affecting
the policies of or performance of the Village Police Department and shall,
subject to the overall limitations of jurisdiction of the Board of Police
Commissioners, perform such other duties as shall be specifically requested
by the Mayor or the Village Board of Trustees.
E.
The Board of Police Commissioners shall have the following
additional powers:
(1)
The Board of Police Commissioners may prefer charges
to the Village Board of Trustees against any member of the Police Department
for violation of the rules, regulations or procedures of the Police Department
or violations of law by members of the Police Department.
(2)
Subject to the approval of the Village Board of Trustees
and consistent with the laws, rules and regulations of the State of New York,
the Board of Police Commissioners may prescribe rules, regulations, orders
and bylaws for the operation of the Police Department and the conduct of members
of the Police Department. The Mayor or, in the absence of the Mayor, the Deputy
Mayor shall exercise immediate control and direction of the Police Department
and/or its members pursuant to such rules, regulations, orders and bylaws
as are promulgated by the Board of Police Commissioners and approved by the
Village Board of Trustees.
F.
The Board of Police Commissioners, as a whole or as individuals,
shall not act as a supervisory authority over the Police Department or individual
members of the Police Department.
[Adopted 7-11-1988 by resolution]
Every person shall have the right to present his grievance in accordance
with procedure herein, free from interference, coercion, restraint, discriminations
or reprisal, and shall have the right to be represented by a person of his
own choosing at stages of the grievance procedure.
When used in these procedures, the following words shall be given the
following meanings:
The Village of Groton Board of Police Commissioners. The Board shall
be composed of three persons appointed by the Mayor. If only two of the Police
Commissioners are available, the third position will be occupied temporarily
by the Mayor or, in the absence of the Mayor, the Deputy Mayor for the duration
of the hearing. Two concurring votes shall be necessary to take any action
on behalf of the Board.
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative orders
or work rules of the Department of Police, Village of Groton, New York.
Mailing the statement to the last known address of the person provided
with notice, with first-class postage prepaid. Notice shall be completed upon
mailing.
The police officer who is duly appointed by the Mayor and the Board
of Trustees to act as the official head and officer of highest rank of the
Police Department.
[Added 3-19-2007 by L.L. No. 2-2007]
[Amended 3-19-2007 by L.L. No. 2-2007]
A person who claims a grievance must file his or her grievance with
the Village Mayor at the Municipal Building, 108 Cortland Street, Groton,
New York, within 90 days after the occurrence constituting the grievance.
The Mayor may waive the ninety-day limitation at his or her discretion if
he or she believes that the actions of the officer which form the basis for
the grievance would, if proven in a court of appropriate jurisdiction, constitute
a crime. The grievance shall be submitted as a written affidavit by the complainant
and shall contain the following information:
A.
The name and residence of the person presenting the grievance.
B.
The name and names of each police officer involved in
the grievance, if known.
C.
The names and residences of any witnesses to the occurrence
constituting the grievance.
D.
A concise statement of the nature of the grievance and
the facts relating to said grievance.
[1]
Editor's Note: The police grievance form is available at the
Municipal Building.
[Amended 3-19-2007 by L.L. No. 2-2007]
A.
Unless the complaint is against the Officer in Charge
of the Police Department, the Mayor will deliver the complaint to the Officer
in Charge within two days after the filing of the complaint. If the grievance
is against the Officer in Charge, the grievance will be assigned to an individual
Police Commissioner by the Mayor within two days after the filing of the complaint.
The Officer in Charge (or Police Commissioner) will provide written notice
to the police officer involved. The notice will contain the following information:
B.
The notice will be provided to the police officer (or
Officer in Charge) and the complainant not more than five days after the filing
of the complaint.
C.
The Officer in Charge (or Commissioner) will then meet
with the citizen and may:
D.
The possible results of the informal meeting can be:
(1)
Voluntary dismissal of the complaint (e.g., the complainant
is satisfied with an explanation of the policy or does not wish to proceed
any further in the process).
(2)
Dismissal of the complaint because of lack of merit (e.g.,
frivolous complaint).
(3)
An agreement to attempt some form of conciliation.
(4)
Referral to the Board for a hearing directed at departmental
policy or procedure (officer exonerated).
(5)
Referral to the Board for a hearing which could result
in disciplinary action being recommended against the officer.
(7)
Referral to the Mayor for possible civil service or criminal
action.
E.
The Officer in Charge (or Commissioner) shall provide
written notice of the outcome of the informal meeting to both the police officer
and the complainant within five days of the filing of the Officer in Charge's
(or Commissioner's) decision with the Mayor. If the Officer in Charge (or
Commissioner) either dismisses the complaint because of lack of merit or refers
the matter to the Board for a hearing directed at departmental policy or procedure,
the complainant may ask the full Board for a hearing which could result in
disciplinary action being recommended against the officer. The complainant
shall file a written request for a hearing with the Mayor within 10 days of
the notice.
A.
The Board shall hold a hearing within two weeks after
the filing of the decision with the Mayor. The Board shall give at least five
days' written notice of the time and place of such a hearing to all parties
involved.
B.
The Board of Police Commissioners shall not be bound
by formal rules of evidence, but all testimony shall be given under oath.
C.
If the decision of the Officer in Charge (or individual
Commissioner) was to refer the matter to the Board for a hearing on a policy
or procedure question only, the Board will notify both the complainant and
the officer, in writing, that the officer's behavior has been exonerated but
that the Board will hold a hearing to discuss the policy questions raised
by the incident. Both the complainant and the officer will be invited to the
hearing to give a statement or answer questions. If either does not wish to
appear in person, the Board may ask them for a written statement.
[Amended 3-19-2007 by L.L. No. 2-2007]
D.
If the matter is referred to the Board for a hearing
which could result in a disciplinary recommendation, both the complainant
and the officer will be notified in writing.
E.
The complainant's notice shall contain the following
information:
(1)
That the complainant may be present with an attorney.
(2)
That the complainant may testify before the Board. If
the complainant testifies, the complainant may be asked questions under oath
by members of the Board, the officer and the representative of the officer.
(3)
That the complainant may call witnesses to testify before
the Board on the complainant's behalf or may present other forms of evidence,
such as documents, records or photographs.
(4)
That the complainant will be allowed to ask questions
of other witnesses who may testify.
(5)
That the hearing will be held in a public session of
the Board unless a closed session is requested by the police officer against
whom the grievance has been filed.
(6)
That the hearing will be conducted informally. The rules
of evidence will not be strictly followed. However, the Board may make rulings
from time to time restricting questioning to ensure fairness and order. All
testimony given at the hearing will be under oath.
F.
The officer's notice shall contain the following
information:
(1)
That the officer may be present with the officer's
attorney.
(2)
That the officer may testify before the Board. If the
officer testifies, the officer may be asked questions under oath by members
of the Board, the complainant and the representative of the complainant.
(3)
That the officer may call witnesses to testify before
the Board on the officer's own behalf or may present other forms of evidence,
such as documents, records or photographs.
(4)
That the officer or the officer's representative
will be allowed to ask questions of other witnesses who may testify.
(5)
That the hearing will be held in a public session of
the Board unless the officer requests otherwise.
(6)
That the hearing will be conducted informally. The rules
of evidence will not be strictly followed. However the Board may make rulings
from time to time restricting questioning to ensure fairness and order. All
testimony given at the hearing will be under oath.
(7)
That the hearing before the Board could result in the
recommendation of disciplinary action against the officer.
[Amended 3-19-2007 by L.L. No. 2-2007]
The Board shall make its report, in writing, within seven days after
the close of the hearing, to the Mayor. After the Mayor has acted upon the
recommendations contained in said report, he shall provide official copies
of the report to the complainant and any persons named in the complaint, each
member of the Village Board of Trustees, the Board, ranking police Officer
in Charge of the Village Police Department, the Village Clerk (and/or Administrator),
the Village Attorney or attorney for the Village, and the Civil Service Commissioner.
The report shall include a statement of the Board's findings of fact, conclusions
and advisory recommendations and any actions of the Mayor and/or Village Board
of Trustees. If the police officer is found guilty of the charge in the complaint,
a copy of the charges, the police officer's written answer and, if any, a
transcript of the hearing and the report of the Board shall be filed in the
office of the Mayor and the Civil Service Commission. A transcript of the
hearing shall be furnished to the police officer without charge if the police
officer so requests.
The complainant or the police officer against whom such grievance has
been filed may, by written application, request a rehearing on any grievance
heard by the Board. A written application shall be filed with the Village
Clerk within 12 months of the filing of the report with the Mayor or, where
applicable, within 12 months of the dismissal of the police officer, whichever
is later. The written application shall state the name of the police officer
against whom the grievance has been filed, the date of the original hearing
on the matter, the date the report was filed in the office of the Mayor and
the reasons given for the request for rehearing. The Board shall decide whether
to grant or deny the application for rehearing within 20 days of its filing.
The decision of whether to grant or deny the application shall be at the sole
discretion of the Board.
Any member of the police force found guilty upon charges of neglect
or dereliction in the performance of official duty or violation of rules and
regulations or disobedience, or incompetency to perform official duty or act
of delinquency seriously affecting his or her general character or fitness
for office may be punished by the Mayor or, in his absence, by the Deputy
Mayor by reprimand, forfeiture and the withholding of salary or compensation
for a specified time not exceeding 20 days and the withholding of salary and
compensation during such suspension or by dismissal from the Department. The
Mayor or, in his absence, the Deputy Mayor, shall have the power to suspend
without pay for a period not to exceed 30 days, pending trial of the charges,
any member of the police force. If any member of such police force so suspended
shall not be convicted by the Board of the charges so preferred, he or she
shall be entitled to full pay from the date of suspension, notwithstanding
such charges and suspension.
