[HISTORY: Adopted by the Town Board of the
Town of Tuxedo as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-7-1963 by resolution]
There is hereby established a Police Department
for the Town of Tuxedo to be known as and by the name of the "Town
of Tuxedo Police Department."
A.
The Town Board shall appoint a Chief of Police and
such other officers and policemen as may be needed from time to time
in accordance with and pursuant to the Rules of the Orange County
Civil Service Commission.
B.
The compensation of such Chief of Police, officers
and policemen shall be a charge.
The Town Board shall pay all or part of the
cost of uniforms and necessary equipment of its policemen as it may
determine and may purchase, rent or lease such equipment and office
or other space for use by the Police Department as it shall from time
to time deem necessary, including police patrol vehicles and emergency
service vehicles for police use in connection with accidents, public
calamities or other emergencies.
[Adopted 1-28-2019 by L.L. No. 1-2019]
Pursuant to §§ 154 and 155 of the New York State
Town Law, the Town Board of the Town of Tuxedo 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 Tuxedo Police Department. The New York Court
of Appeals has determined that Town Boards may not relinquish or "bargain
away" to members, or 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 Tuxedo
Police Department.
The investigation of complaints concerning allegations of misconduct
against any member of the Town of Tuxedo Police Department shall be
investigated by the Town Supervisor or the Town Supervisor's designee.
The Town Supervisor shall, upon a determination that a complaint
against a member of the Town of Tuxedo Police Department is substantiated,
prepare and serve a notice of discipline upon the member of the Town
of Tuxedo Police Department.
Within 14 days of the service of a notice of discipline upon
a member of the Town of Tuxedo Police Department, the Town Supervisor
or the Town Supervisor'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. If, after the disciplinary
interview, the Town Supervisor determines that the imposition of a
disciplinary penalty is required, the Town Supervisor shall issue
and serve a written decision upon the member informing them of the
Town Supervisor's determination. The Town Supervisor shall provide
a copy of the Town Supervisor's decision to the Town Board. Upon the
issuance of the Town Supervisor's decision, the Town Supervisor shall
refer the notice of discipline to the Town Board for a determination
of the charges.
Within 14 days of the member receiving the Town Supervisor'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. 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:
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.
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. The Town Supervisor shall not participate in or
vote upon the Town Board's acceptance or rejection of the hearing
officer's recommended findings of fact or recommended penalty, or
the Town Board's final determination of the charges.
In accordance 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.
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. 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 Town Supervisor 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 Tuxedo Police Department.
