[Adopted 7-27-2015 by L.L. No. 5-2015]
The investigation of complaints concerning allegations of misconduct against any member of the Village of Maybrook Police Department shall continue to be investigated pursuant to the procedures currently in effect and as stated in the Village of Maybrook Police Department rules and regulations.
The Chief of Police, or the Chief's designee, shall, upon a determination that a complaint against a member of the Village of Maybrook Police Department is substantiated, prepare and serve notice upon the member of the Village of Maybrook Police Department.
A. 
Within 14 days of the service of the notice of discipline upon a member of the Village of Maybrook Police Department, the Chief of Police or the Chief's designee shall conduct a meeting with the member to discuss the charges alleged in the notice, as well as to discuss a proposed resolution of the charges.
B. 
If, after the disciplinary interview, the Chief determines that the imposition of a disciplinary penalty is required, the Chief shall issue and serve a written decision ("Chief's decision") upon the member, informing him or her of the Chief's determination. The Chief shall provide a copy of the Chief's decision to the Board of Trustees. Upon the issuance of the Chiefs decision, the Chief shall refer the notice of discipline to the Board of Trustees for a determination of the charges and the proposed resolution of the charges.
A. 
Within 14 days of the member receiving the Chief's decision that imposition of a disciplinary penalty is required, the member may request a hearing on the charges by having a written demand for a hearing served upon the Village Mayor.
B. 
Within 45 days of the Village Mayor's receipt of a member's written demand for a hearing, the Board of Trustees shall do one of the following:
(1) 
Designate a member of the Board of Trustees to sit as a trier of fact to determine the charges filed against the member of the Village of Maybrook Police Department; or
(2) 
Select a hearing officer to sit as a trier of fact to determine the charges filed against the member of the Village of Maybrook Police Department.
A. 
The hearing officer or member of the Board of Trustees selected to hear and determine the charges shall conduct a hearing and shall issue a decision containing recommended findings of fact and a recommended disciplinary penalty, if applicable, to the Board of Trustees. Said decision shall be reviewed by the Board of Trustees, and after its review, the Board of Trustees may accept or reject, in whole or in part, the recommended findings of fact and/or the recommended disciplinary penalty, if applicable.
B. 
The Board of Trustees 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 agreed to between the Board of Trustees and the respondent member.
In accordance with Village Law § 8-804, the determination of the Board of Trustees shall be subject to review by the Supreme Court in the judicial district in which the Village 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 Board of Trustees' determination.
A. 
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.
B. 
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 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 the members of the Village of Maybrook Police Department.