The Town Board hereby designates the Chief of Police to review,
examine, and investigate complaints. The Chief of Police may conduct
an interview of the member that is subject of the investigation and/or
any employees that may be witnesses. Such interview(s) may, at the
Chief of Police's discretion, be recorded by a stenographer or by
audio recording. If the member is a target of the investigation, he
or she shall be entitled to have a union representative or attorney
present for the interview. However, such representative or attorney
shall not be permitted to interfere with or otherwise obstruct the
interview process, but may make a statement on the record prior to
and after the conclusion of questioning. If, upon the initial request
for an interview, a member who is the target of an investigation requests
the presence of a union representative or legal counsel, an adjournment
shall be granted until no later than 10:00 a.m. of the morning following
the request for the interview, unless otherwise consented to by the
Chief of Police. However, where such interview is requested upon at
least 24 hours' advanced notice to the member, no such adjournment
shall be permitted for representation purposes.
Subsequent to the investigatory review and prior to issuance
of a notice of discipline, the Chief and subject member may agree
to a proposed resolution of the disciplinary matter without further
proceedings, subject to Town Board approval. The Chief shall submit
such proposed resolution in writing to the Town Board promptly and
shall state the reasons for such proposed informal disposition.
The determination of the Town Board shall be subject to review
by the Supreme Court of the judicial district in which the Town is
located in the manner provided for by Article 78 of the New York Civil
Practice Law and Rules except that the proceeding must be commenced
within 30 days from the date of the Town Board's determination.
[Amended 7-14-2021 by L.L. No. 3-2021]
The Town Supervisor is hereby directed to take all necessary
steps to implement the provisions of this article and to provide notice
of the enactment of this article to the members of the Town of Fishkill
Police Department.