[HISTORY: Adopted by the Town Board of the Town of Harrison 8-7-2008 by L.L. No. 6-2008. Amendments noted where applicable.]
The purpose of this chapter is to authorize the Town Board of the Town of Harrison, the Village Board of the Village of Harrison, the Board of Police Commissioners of Harrison and the Board of Fire Commissioners of Harrison to appoint a hearing officer to conduct hearings in disciplinary proceedings and to establish the rules of procedure to be followed in such proceedings.
In the event that disciplinary charges are presented to the Town Board of the Town of Harrison, the Village Board of the Village of Harrison, the Board of Police Commissioners of Harrison, or the Board of Fire Commissioners of Harrison against any police officer, firefighter or any other municipal employee, the aforementioned Boards may adopt a resolution appointing a hearing officer to conduct the hearing on such charges.
The hearing officer designated by the Boards shall be an attorney duly licensed to practice law in the State of New York at the time of the appointment.
If a hearing officer is so appointed by any Board, they shall keep or cause to be kept a record of such hearing. After the conclusion of the hearing, the hearing officer shall make specific findings of fact which they shall then transmit to the Board, together with their conclusions regarding each of the Charges and Specifications, their recommendations for a penalty and the record of the hearing. The Board shall then review the record, factual findings, conclusions and recommendations of the hearing officer and render a final determination in writing.
The procedure to be followed in any disciplinary proceeding whether it is heard by the Board or a hearing officer, shall be the procedure as set forth in the New York State Administrative Procedure Act, as it may be amended from time to time, for adjudicatory proceedings, except to the extent that said procedure conflicts with this chapter, or any other state or local law more specifically directed at such disciplinary proceedings. The Town Board of the Town of Harrison reserves the right to hereinafter adopt Rules of Procedure for Administrative Hearings.