There is hereby established in and for the Village
of Chester, Orange County, New York, a Police Department, to be known
as the "Village of Chester Police Department."
Members of the present police force of the Village
of Chester shall continue to be members of the Village of Chester
Police Department and shall retain the ranks which they have as of
the date this article takes effect.
The action heretofore taken by this Board on
creating the office of Chief of Police of the Village of Chester is
hereby ratified and confirmed.
[Adopted 10-24-2013 by L.L. No. 3-2013]
Complaints concerning allegations of misconduct or incompetence
against any member of the Village of Chester Police Department shall
continue to be investigated pursuant to the procedures currently in
effect and as stated in the Village of Chester Police Department Rules
and Regulations, and any amendment thereto.
The Chief of Police or his or her designee, upon a determination
that a complaint against a member of the Village of Chester Police
Department is substantiated, shall prepare and serve a notice of discipline
setting forth the charges and specifications alleged against such
member as well as the discipline to be imposed.
Within 14 days of the service of the notice of discipline upon
any member of the Village of Chester Police Department, the member
shall respond in writing as to his or her acceptance of or objection
to the charges, specifications, and discipline imposed. The failure
by the employee to furnish such a written response shall constitute
the employee's acceptance of the charges and specifications alleged
in the notice of discipline as well as acceptance of the discipline
imposed therein.
The Village Board member or the Hearing Officer selected to
hear, report and recommend a determination upon the charges shall
conduct a hearing and shall issue to the Village Board a decision
containing recommended findings of fact and a recommended disciplinary
penalty, if applicable. Said decision shall be reviewed by the Village
Board, and, after its review, the Village Board may accept or reject,
in the whole or in part, the recommended findings of fact and/or the
recommended disciplinary penalty, if applicable. The Village Board
shall make a final determination of the charges alleged in the notice
of discipline and, where applicable, shall impose any penalty consistent
with the provisions of the New York State Village Law, or any other
penalty that may be agreed to between the Village Board and the respondent
member or that member's authorized representative.
In accordance with Village Law § 8-806, the final
determination of the Village Board shall be subject to review by the
Supreme Court in the judicial district in which the Village of Chester
is located. Any such review shall be in the manner provided for by
Article 78 of the Civil Practice Law and Rules, provided that the
proceeding must be commenced within 60 days from the date of the final
determination of the Village Board.
Any member who is served with a notice of discipline may have
a representative or legal counsel represent him or her in connection
with any proceedings provided for by this article. The Hearing of
the charges alleged in the notice of discipline shall be conducted
in accordance with the provisions of Village Law §§ 8-804
and 8-806, and such hearing shall be transcribed by a stenographer.
A copy of the transcript of the proceedings shall be provided to the
respondent member free of charge.
The Chief of Police is hereby directed to take all necessary
steps to implement the provisions of this article, and to provide
notice of the same to the members of the Village of Chester Police
Department.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered,
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances;
the Village Board hereby declares that it would have passed this article
or the remainder thereof had such invalid application or invalid provision
been apparent.
All ordinances, local laws, rules and regulations and parts
thereof inconsistent with this article are hereby repealed.
This article shall take effect upon posting and filing with
the Secretary of State of New York.