Town of Mount Hope, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mount Hope as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-7-2014 by L.L. No. 3-2014]
The purpose of this article is to establish a procedure for disciplinary hearings within the Police Department of the Town of Mount Hope pursuant to §§ 154 and 155 of the Town Law of the State of New York. This procedure will be established for purposes of allowing the Town Board to make all final determinations concerning the investigation of complaints and imposition of disciplinary penalties with respect to members of the Police Department of the Town of Mount Hope.
This article and all provisions contained herein shall apply to the following employees within the Police Department of the Town of Mount Hope:
A. 
Employees holding a position by permanent appointment in the competitive class as defined by the Civil Service Law of the State of New York.
B. 
Employees holding a position by permanent appointment in the classified service of the State of New York as defined by the Civil Service Law of the State of New York.
C. 
Employees holding a position in the noncompetitive class other than a position designated in the rules of the Civil Service Commission as confidential or requiring the performance of functions influencing policy who have completed at least five years of continuous service in the noncompetitive class in a position not so designated in the rules as confidential or requiring the performance of functions influencing policy.
D. 
Employees described and defined in § 75 of the Civil Service Law of the State of New York.
The investigation of complaints concerning allegations of misconduct against any member of the Police Department of the Town of Mount Hope shall be investigated pursuant to the procedures currently in effect and as stated in the adopted rules and regulations of the Police Department of the Town of Mount Hope.
The Chief of Police, the Deputy Chief of Police, or the Chief's designee shall, upon a determination that a complaint against a member of the Police Department of the Town of Mount Hope is substantiated, prepare and serve a notice of discipline in accordance with the current rules and regulations of the Police Department of the Town of Mount Hope.
A meeting with the member subject to disciplinary review shall be held within 14 days of service of a notice served upon a member of the Police Department of the Town of Mount Hope, the Chief of Police, the Deputy Chief of Police, or the Chief's designee. The notice shall contain a recital of the charges alleged. The purpose of the meeting shall be to discuss the alleged charges and potential resolution of the charges. Following the interview, the Chief shall determine if imposition of a disciplinary penalty is required. If a disciplinary penalty is required, the Chief shall issue and serve a written Chief's decision upon the member subject to disciplinary review which shall inform the member of the Chief's determination. The Chief shall provide a copy of the Chief's decision to the Town Board and shall refer the notice of discipline to the Town Board for a determination of the charges.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The member served with a Chief's decision that imposes a disciplinary penalty may request a hearing on the charges by having a written demand for a hearing served upon the Supervisor of the Town of Mount Hope within 14 days of receiving the Chief's decision. The Supervisor of the Town of Mount Hope, acting in the capacity of Police Commissioner, shall do one of the following upon receipt of the written demand for hearing:
A. 
Designate a member of the Town Board to act as a hearing officer and to sit as a trier of fact to make a determination of the charges filed against the member of the Police Department of the Town of Mount Hope.
B. 
Select a hearing officer to sit as a trier of fact to determine the charges filed against the member of the Police Department of the Town of Mount Hope.
The hearing officer selected by the Supervisor shall conduct a hearing and shall issue a decision containing recommended findings of fact and a recommended disciplinary penalty, if applicable, to the Town Board. The decision shall be reviewed by the Town Board, and the Town Board may then accept or reject the recommended findings of fact and/or the recommended disciplinary penalty, in whole or in part, if applicable. The Town 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 Town Law of the State of New York, or any other penalty agreed to between the Town Board and the respondent member of the Police Department of the Town of Mount Hope.
In accordance with § 155 of the Town Law of the State of New York, the determination of the Town Board shall be subject to review by the Supreme Court in the judicial district in which the Town is located in the manner provided for by Article 78 of the Civil Practice Law and Rules, provided that the proceeding is commenced within 30 days from the date of the Town Board's determination.
Any member that 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 § 155 of the Town Law of the State of New York, and such hearing shall be transcribed by a stenographer. A copy of the transcript of the proceedings shall be provided to the 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 members of the Police Department of the Town of Mount Hope.