[HISTORY: Adopted by the Town Board of the
Town of Brighton 11-14-2018 by L.L. No. 8-2018. Amendments noted where applicable.]
The investigation of complaints concerning allegations of misconduct
against any sworn officer of the Brighton Police Department shall
be investigated pursuant to the General Orders of the Brighton Police
Department and Section 3.39, Disciplinary Procedures, of the Brighton
Police Department Manual of Rules.
Upon determination by the Chief of Police that a complaint against
a sworn officer of the Brighton Police Department merits further review,
a notice of complaint shall be served by the Chief or his designee,
in writing, to the sworn officer against whom such complaint has been
made in accordance with the General Orders of the Brighton Police
Department.
Within 10 business days of the service of a notice of complaint
upon a sworn officer of the Brighton Police Department, the Chief
of Police shall conduct a meeting with the sworn officer to discuss
the complaint as alleged and to discuss resolution of the complaint
if appropriate (summary discipline). If, after the above-referenced
meeting, the Chief determines that the imposition of disciplinary
action is justified by the complaint, the Chief shall issue and serve
a written communication to the sworn officer informing the sworn officer
of the Departmental charges and proposed disciplinary action and shall
also provide a copy of said written communication to the members of
the Brighton Town Board in executive session.
Within 10 days of the service on the sworn officer of the written
communication from the Chief informing the sworn officer of the Departmental
charges and proposed disciplinary action, the sworn officer may request
a hearing before the Town Board on the notice of complaint by filing
a written demand for said hearing with the Clerk of the Town. If no
such demand is filed within said ten-day period, then the Chief may
impose the proposed disciplinary action. If such a demand is timely
filed with the Town Clerk, then within 45 days of the filing of such
a demand, the Town Board shall select a hearing officer to hear the Departmental
charges, testimony and evidence in support of, and in opposition to,
the Departmental charges preferred by the Chief of Police or his designee
against the sworn officer. Notice of the date, time and location of
the hearing shall be hand delivered or sent by certified mail to the
address of the sworn officer named in the charges, no later than 20
days prior to the date of the scheduled hearing.
The hearing officer shall within 10 days after the completion
of the hearing issue a written decision to the Town Board containing
recommended findings of facts and disciplinary action, if any. Said
decision shall be reviewed by the Town Board, and, after its review,
the Town Board may accept or reject, in whole or in part, the recommended
findings of fact and/or the recommended disciplinary penalty, if applicable.
In all cases, the Town Board shall make a final determination of the
charges alleged in the notice of complaint and, where appropriate,
shall impose any disciplinary action it deems justified and consistent
with the provisions of the New York State Town Law, or any other penalty
agreed to between the Town Board and the sworn officer named in the
notice of complaint.
In accordance with the provisions of New York State Town Law
§ 155, the determination of the Town Board shall be subject
to review by the New York State Supreme Court in a proceeding commenced
pursuant to Civil Practice Law and Rules Article 78 in the Seventh
Judicial District. In order to be timely, such a proceeding must be
commenced within 30 days of issuance of the determination by the Town
Board.
Any sworn officer of the Brighton Police Department who has
been served with a notice of complaint may have a representative or
legal counsel present in connection with any of the proceedings provided
for by this chapter. The hearing of the charges alleged in the notice
of complaint shall be conducted in accordance with the provisions
of New York State Town Law § 155, and such hearings shall
be either stenographically transcribed or digitally recorded.
The Chief of Police is hereby directed to take all necessary
steps to implement the provisions of this chapter and to provide notice
of the same to the sworn officers of the Brighton Police Department.
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Town Board of the Town of Brighton hereby declares that it
would have passed this chapter or the remainder thereof had such invalid
application or invalid provision been apparent to it.
