Village of Westfield, NY
Chautauqua County
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[HISTORY: Adopted by the Board of Trustees of the Village of Westfield 4-17-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
This chapter is enacted to establish a procedure whereby public officers in the Village of Westfield may be afforded a due process hearing in the event a need arises for the appointing authority to pursue disciplinary charges against such an officer.
A person holding a public office in the Village of Westfield in the noncompetitive or exempt class of the civil service may be disciplined by the officer or body having the power of appointment in accordance with the procedure set forth in Subdivision 2 of § 75 of the Civil Service Law, as it existed on April 1, 1995.
If an officer is found guilty of disciplinary charges, the disciplinary action to be imposed may consist of either or all of the following:
A reprimand;
A suspension without pay for a period not exceeding two months; or
A termination from office.
If the officer is found guilty, he or she shall be provided a copy of the charges, the written answer thereto, a transcript of the hearing and the determination rendered by the appointing authority. The civil service agency having jurisdiction shall be notified of the determination.
No proceeding pursuant to this chapter shall be commenced more than two years after alleged incompetence or misconduct has occurred or has become known to the appointing authority. This limitation shall not apply where the alleged incompetency or misconduct would, if proven in a judicial proceeding, constitute a crime.
The determination rendered by the appointing authority pursuant to this chapter shall constitute a final determination of the Village of Westfield and may be reviewed upon a petition filed in accordance with the provisions of Article 78 of the Civil Practice Law and Rules.