Village of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Police Departments — See Ch. 30, Art. I
[Adopted 2-6-2014 by L.L. No. 1-2014]
A. 
Pursuant to § 8-804 of the New York State Village Law, the Village Board of the Village of East Hampton is empowered to adopt and make rules and regulations for the examination, hearing, investigation and determination of charges made or preferred against any member or members of the police force of the East Hampton Village Police Department (hereinafter "member").
B. 
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 police force of the East Hampton Village Police Department, in accordance with § 8-804 of the New York State Village Law.
C. 
These rules and regulations are intended to comply with applicable provisions of law, including the Village Law of the State of New York. Except as expressly stated herein, and as stated in the rules and regulations of the East Hampton Village Police Department, as the Village may from time to time prescribe, the Village hereby adopts and incorporates by reference the procedures set forth in § 8-804 of the New York State Village Law for examination, hearing, investigation and determination of charges made or preferred against any member or members of the police force of the East Hampton Police Department.
For purposes of these rules and regulations, subject to the provisions of § 8-804 of the New York State Village Law or other applicable law, the Village Board has the power to discipline any member or members of the police force of the East Hampton Police Department found guilty upon written charges, after eight days' notice and an opportunity to be heard in his or her defense, of neglect or dereliction in the performance of official duty, or violation of rules and regulations, or disobedience, or incompetency to perform official duty, or an act of delinquency seriously affecting his or her general character or fitness for office, by the following disciplinary actions:
A. 
Fine.
B. 
Reprimand.
C. 
Suspension, without pay, not to exceed 20 days, provided that the Village Board shall have the power to suspend any member or members, without pay, for a period not exceeding 30 days pending trial of disciplinary charges.
D. 
Removal from one's title and reduction into a lower title if one exists.
E. 
Dismissal.
A. 
Except as otherwise provided, no member or members of the police force of the East Hampton Police Department shall be fined, reprimanded, suspended, removed or dismissed until written charges shall have been examined, heard and investigated in such manner or procedure, practice, examination and investigation as the Village Board may by rules and regulations from time to time prescribe.
B. 
Notwithstanding any other provision of law, no charges shall be commenced more than three years after the occurrence of the alleged neglect or dereliction in the performance of official duty, or violation of rules and regulations, or disobedience, or incompetency to perform official duty, or an act of delinquency seriously affecting his or her general character or fitness for office, complained of and described in the charges; provided, however, that such limitation shall not apply where the aforementioned conduct complained of and described in the charges would, if proven in a court of appropriate jurisdiction, constitute a crime.
A. 
Any member or members of the police force of the East Hampton Village Police Department served with charges shall have the right to request a hearing of such charges. The request for a hearing must be made in writing and received by the Village Administrator, or such other person designated by the Village Board to accept a request for a hearing on disciplinary charges, within eight days of the service of the charges.
B. 
The Village Board shall have the power to suspend any member or members, without pay, for a period not exceeding 30 days pending trial of disciplinary charges. If any member so suspended shall not be convicted by the Village Board of any of the charges preferred, he or she shall be entitled to full pay from the date of suspension, notwithstanding such charges and suspension.
Following receipt of a request for a hearing on the charges, the Village Board will appoint a hearing officer who will conduct the hearing.
Except as otherwise provided herein, all hearings shall be conducted in accordance with the procedures contained in § 8-804 of the New York State Village Law. The hearing of the charges shall be private, unless the member specifically requests a public hearing in writing. The member shall have the right to be represented by counsel or representative at such hearing. Any and all witnesses shall testify under oath. Compliance with technical rules of evidence shall not be required in such hearing.
The hearing officer is to hear all testimony and review all evidence and shall issue a report, in writing, containing recommended findings of fact and a recommended disciplinary penalty, if applicable, to the Village Board.
After review, the Village Board may accept or reject, in 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 New York State Village Law.
In accordance with § 8-806 of the New York State Village Law, the conviction of such member or members shall be subject to review by the Supreme Court in the judicial district in which the Village is located, in the manner provided by Article 78 of the Civil Practice Law and Rules on the ground that said conviction is illegal, provided the proceeding is commenced within 60 days after the conviction.
If any part or provision of this article or the application thereof to any person or circumstance is 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 any other persons or circumstances, and the Village Board of the Village of East Hampton hereby declares that it would have passed this article or the remainder thereof had such invalid application or provision been apparent at the time of enactment. The Village Board further hereby declares that should 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, that it is the intention of the Village Board that such part, provision or application be governed by the applicable provisions of the Village Law and/or the civil service provisions of § 8-806 of the New York State Village Law.