[Adopted 3-23-2009 by L.L. No. 10-2009, effective 11-21-2009[1]]
[1]
Editor's Note: This local law was subject to referendum
at the general election held 11-3-2009 and was approved by the voters.
The purpose of this article shall be to provide for a more efficient
administration of the Village's Police Department by transferring
the hearing of disciplinary proceedings to a hearing officer.
In accordance with § 5711-q of the Unconsolidated
Laws, the Board of Trustees is authorized to adopt rules and regulations
for the hearing and determination of charges against members of the
Village Police Department.
Except as to the discipline of the Chief of Police, all formal
departmental charges shall be brought by the Chief of Police, subject
to the requirements of applicable law. All such charges shall be heard
by a hearing officer appointed by the Board of Police Commissioners,
and the hearing officer shall make a report and recommendation to
the Board of Police Commissioners. In the case of discipline of the
Chief of Police, such charges shall be brought by the Board of Police
Commissioners and shall be heard by a hearing officer appointed by
the Board of Police Commissioners. Upon receipt of the report and
recommendation by the hearing officer, the Board of Police Commissioners
shall review said report and any written submission by the parties
and make a determination with respect to any such charges.
It is the purpose and intent of this article to supersede § 5711-q
of the Unconsolidated Laws, as amended, to transfer the responsibility
for hearing disciplinary matters from the Board of Police Commissioners
to a hearing officer. The Board of Trustees, pursuant to the Municipal
Home Rule Law, may supersede a special act of the legislature, and
to the extent that this article is inconsistent with the § 5711-q
of the Unconsolidated Law as amended, § 5711-q is superseded.
In all other respects, the Village of Mamaroneck Police Department
shall be governed by applicable law.
