[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.]
A.
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.
B.
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:
Those volunteers who serve with precincts covered by the
Suffolk County Police Department in Babylon, Huntington, Islip, Smithtown
and Brookhaven.
A.
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.
B.
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).
(1)
Such charges shall be in writing.
(2)
The burden of proof shall be upon the person alleging one of the
specified reasons for dismissal, suspension or discharge.
(3)
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.
(4)
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.
(5)
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.
