[HISTORY: Adopted by the Suffolk County Legislature 11-25-1986 by L.L. No. 36-1986 (Ch. 218 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
This Legislature hereby finds that basic fairness, as requested by the Islip Town Board, requires that volunteer members of the auxiliary police be granted administrative hearings prior to removal for cause or suspension with certain minimum procedural rights in connection therewith.
Therefore, the purpose of this chapter is to establish fundamental rights for auxiliary police within the County of Suffolk in disciplinary and discharge proceedings.
As used in this chapter, the following terms shall have the meanings indicated:
- AUXILIARY POLICE
- Those volunteers who serve with precincts covered by the Suffolk County Police Department in Babylon, Huntington, Islip, Smithtown and Brookhaven.
No officer or member of the auxiliary police shall be removed from a position of membership by appropriate authorities or any other officer or body, except for such grounds as may be set forth in pertinent sections of the rules and regulations of the auxiliary police, anything to the contrary in such rules notwithstanding.
Any rules of the auxiliary police to the contrary notwithstanding, removals shall be made only after a hearing upon due notice and upon stated charges with the right of such officer or member to a review pursuant to Article 78 of the New York Civil Practice Law and Rules (CPLR).
Such charges shall be in writing.
The burden of proof shall be upon the person alleging one of the specified reasons for dismissal, suspension or discharge.
Hearings upon such charges shall be held by the Commissioner of the Suffolk County Department of Fire, Rescue and Emergency Services or by a deputy or employee of such officer designated, in writing, for such purpose by the Commissioner.
The notice of such hearing shall specify the time and place of such hearing and state the person before whom the hearing will be held, which notice shall be served by certified mail, return receipt requested, upon the accused officer or member at least 10 days prior to the date of the hearing.
A stenographer may be employed for the purpose of taking testimony at the hearing.
This chapter will apply to auxiliary police disciplinary and/or discharge hearings and/or proceedings commenced subsequent to the effective date of this chapter.