Village of Sag Harbor, NY Discipline and Charges

[Amended 11-13-1985; 2-3-1987; 10-6-1987]

As used in this article, the following terms shall have the meanings indicated:

A sworn member of the Police Department of the Village of Sag Harbor appointed under the Civil Service Law of the State of New York to enforce the laws and ordinances for preserving the peace and good order of the Village. Radio operators and clerical employees are not considered "police officers." Seasonal police officers appointed for summer or other temporary duty shall be considered "police officers."

The purpose of this article is to provide rules and regulations for examination, hearing, investigation and determination of charges made or preferred against members of the Village Police Department, as provided in § 8-804 of the Village Law of the State of New York. These rules and regulations shall be in accordance with the provisions of the Village Law and the Civil Service Law of the State of New York.

§ A310-108 Methods of discipline.

The Village Board has the power to discipline a member of the Department by:

Reprimand.

Fine.

Suspension, with or without pay, in accordance with the provisions of the Village Law or other applicable law.

Dismissal or removal from the Department.

Reduction into a grade below that in which he was serving if he is above the grade of patrolman, after which his compensation shall be the same as that allowed to members of the grade to which he is reduced.

§ A310-109 Reasons for discipline.

Reasons for discipline shall be as follows:

Violation of the rules, regulations, directives or orders of the Department, which shall constitute misconduct.

Disobedience or incompetency to perform official duty.

Neglect or dereliction in performance of official duty.

An act of delinquency seriously affecting his general character or fitness for office.

Cowardice or intoxication while on duty or in uniform.

Conduct unbecoming an officer.

Making a false official communication, record or statement.

Any other breach of the Sag Harbor Village Police Department Rules and Procedures, which constitute Chapter A310 of the Village Code.

§ A310-110 Preferment of charges; investigation.

Charges may be preferred against a member of the Department by the Chief of Police. In such event, the Chief of Police shall file such charges with the Board of Trustees.

Charges may be preferred against a member of the Department by the Mayor. In such event, the Mayor shall file such charges with the Board of Trustees.

Charges may be preferred against a member of the Department by the Board of Trustees.

Charges preferred against a member of the Department shall be in writing. The accused shall have the right to be represented by counsel at the hearing on such charges.

The Chief of Police shall investigate any report of any act or conduct which may constitute reason for discipline pursuant to § A310-109. The Chief of Police may issue such directives or orders as he may deem appropriate with respect to the reporting to him of any such act or conduct.

§ A310-111 Service of charges upon accused members and notice to witnesses.

Each member of the Department to be heard on charges shall be served with a copy of the charges at least eight days before arraignment, exclusive of Sundays and legal holidays. The accused shall be offered an opportunity to be represented by counsel. Notice for members to appear as complainants or witnesses shall be hand delivered. The accused shall be given an opportunity to plead to all or part of the charges prior to the hearing date.

Service shall be made upon the accused as follows: personal delivery or, if personal delivery cannot be made, then by leaving a copy of the charges at a member's place of residence with a person of suitable age and discretion and by notifying such person orally of the nature of such papers or, if personal delivery cannot be made and the residence cannot be located, then by posting a copy of the charges in the office of the command to which the accused is attached, at least eight days before time of arraignment, exclusive of Sundays and legal holidays.

§ A310-112 Hearing officer; stenographer.

The Board of Trustees may either hold and conduct the hearing or appoint a Hearing Officer to hold and conduct the hearing.

If a Hearing Officer is appointed, the Hearing Officer shall hear all testimony and review all evidence and report in writing, with recommendations, to the Board of Trustees.

The Board of Trustees shall appoint a stenographer to record the arraignment and hearing.

§ A310-113 Procedure at arraignment.

Complainant and witnesses need not attend the arraignment.

The arraignment before the Board of Trustees or Hearing Officer will be as follows:

	"Rank, surname, have you been served with a copy of these charges?
	"Do you want the charges read to you or do you waive a reading of the charges at this time?
	"You have the right to be represented by counsel, to request the attendance of witnesses in your behalf, to move for a dismissal of these charges or to move for an adjournment.
	"You are further advised that upon your plea of guilty or after being found guilty of any of the charges, under Article 8, § 8-804, of the Village Law or other applicable law, the Village Board has the power to discipline a member of the Department by reprimand; fine; suspension with or without pay; dismissal or removal from the Department; or reducing into any grade below that in which you were serving, if you are above the grade of patrolman, after which your compensation is the same as that allowed to members of the grade to which you are reduced.
	"Now, how do you plead ?"

§ A310-114 Procedure at hearing.

Witnesses will be excluded from the hearing room except to testify.

Each witness will be sworn by the Board of Trustees or Hearing Officer prior to testifying.

The person who preferred the charges or his counsel shall conduct the direct examination. At the conclusion of the direct examination the witness shall be at the disposal of the accused or the accused's counsel for cross-examination. The witness shall be subject to redirect- and recross-examination if required. After the witnesses for the person who preferred the charges have testified, that fact shall be communicated to the accused (or accused's counsel) and he shall then proceed with his defense.

The accused or accused's counsel shall conduct the direct examination. At the conclusion of the direct examination the witness shall be at the disposal of the person who preferred the charges for cross-examination. The witness shall be subject to re-direct-examination and re-cross-examination if required.

The accused may testify in his own behalf and, if he does, will be subject to cross-examination.

At the conclusion of testimony by witnesses for the accused, the person who preferred the charges or his counsel may call rebuttal witnesses, who shall be subject to cross-examination.

The accused or his counsel and the person who preferred the charges or his counsel shall be given a brief opportunity to sum up and to make pertinent motions.

§ A310-115 Suspension from duty.

Members of the Department may be suspended from duty in accordance with § 8-804 of the Village Law or other applicable law.

Unless otherwise directed by the Chief of Police, a member of the Department under suspension shall report daily, in person, to the Chief of Police or other designated officer.

Upon suspension, a member of the Department shall promptly surrender his service revolver and shields and any other items of Department property and any weapons possessed by the member, not under license, as prescribed by the Chief of Police or other designated officer.

During the period of suspension, a member of the Department shall not wear his uniform or any distinguishable part thereof or carry any police equipment.

§ A310-116 Appeals.

Appeals should be made in accordance with Article 8, § 8-806, of the Village Law or any other applicable law.