[Adopted 3-28-2017 by L.L. No. 6-2017]
Any member that is subject to an investigation or served with
a notice of discipline may have a representative or legal counsel
to represent him or her in connection with any of the proceedings
provided for by this article. Any hearing of the charges alleged in
a notice of discipline shall be conducted in accordance with the provisions
of Village Law § 8-804 and this article, and such hearing
shall be transcribed by a stenographer. A copy of the transcript of
the proceeding shall be provided to the member free of charge.
The hearing officer selected to hear and recommend a determination
of the charges shall conduct a hearing and shall issue a written report
containing recommended findings of fact, a finding of innocence or
guilt of the charge(s), and a recommended disciplinary penalty, if
applicable, to the Village Board. Said decision shall be reviewed
by the Village Board, and, after its review, the Village may accept
or reject, in whole or in part, the recommended findings of fact,
the finding of innocence or guilt, and/or the recommended disciplinary
penalty. 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 provisions of the New
York State Village Law. Where a hearing officer recommends a finding
of guilt after the hearing on any disciplinary charge against a member,
the hearing officer shall review the disciplinary file/history of
the member prior to recommendation of a penalty.
The final determination of the Village Board shall be subject
to review of the Supreme Court of Orange County in the manner provided
for the Article 78 of the Civil Practice Law and Rules, provided that
the proceeding is commenced within 60 days from the date of the Village
Board's determination.
The Village Manager is hereby directed to take all necessary
steps to implement the provisions of this article and to provide notice
of same to the members of the Village of Walden Police Department.