[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 7-28-2009 by L.L. No. 3-2009; amended in its entirety 1-22-2013 by L.L. No. 1-2013. Subsequent amendments noted where applicable.]
The purpose of this chapter is to authorize the Village Board
of Trustees of the Village of Sleepy Hollow to appoint a hearing officer
to conduct hearings in disciplinary proceedings and to establish the
rules of procedure to be followed in such proceedings.
A.
In the event
that disciplinary charges are presented to the Village Board of Trustees
of the Village of Sleepy Hollow against any municipal employee, including
police officers, said Board may adopt a resolution appointing a hearing
officer to conduct the hearing on such charges.
B.
The hearing
officer designated by the Board shall be an attorney duly licensed
to practice law in the State of New York at the time of the appointment.
If a hearing officer is so appointed by the Board, the Board
shall keep or cause to be kept a record of such hearing. After the
conclusion of the hearing, the hearing officer shall make specific
findings of fact which shall then be transmitted to the Board of Trustees,
together with his/her conclusions regarding each of the charges and
specifications, his/her recommendations for a penalty and the record
of the hearing. The Board shall then review the record, factual findings,
conclusions and recommendations of the hearing officer and render
a final determination in writing.
The procedure to be followed in any disciplinary proceeding,
whether it is heard by the Board or a hearing officer, shall be the
procedure as set forth in the New York State Administrative Procedure
Act, as it may be amended from time to time, for adjudicatory proceedings,
except to the extent that said procedure conflicts with this chapter,
or any other state or local law more specifically directed at such
disciplinary proceedings. The Board of Trustees reserves the right
to hereinafter adopt rules of procedure for administrative hearings.
