[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.
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.
