[Adopted 2-3-2021 by L.L. No. 1-2021[1]]
[1]
Editor's Note: This local law also repealed former Art. II, Disciplinary Hearing Procedures, adopted 4-3-2013 by L.L. No. 1-2013.
A. 
Pursuant to §§ 154 and 155 of the New York State Town Law, the Town Board of the Town of Fishkill is empowered to adopt and make rules and regulations for the examination, hearing, investigation, and determination of charges made or proffered against any member or members of the Town of Fishkill Police Department.
B. 
This article is enacted to comply with and conform to the provisions of §§ 154 and 155 of the Town Law, the public policy of the State of New York, and Court of Appeals case law, and provides that the Town Board shall make all final determinations concerning the investigation of complaints and imposition of disciplinary penalties with respect to members of the Town of Fishkill Police Department.
The Town Board hereby designates the Chief of Police to review, examine, and investigate complaints. The Chief of Police may conduct an interview of the member that is subject of the investigation and/or any employees that may be witnesses. Such interview(s) may, at the Chief of Police's discretion, be recorded by a stenographer or by audio recording. If the member is a target of the investigation, he or she shall be entitled to have a union representative or attorney present for the interview. However, such representative or attorney shall not be permitted to interfere with or otherwise obstruct the interview process, but may make a statement on the record prior to and after the conclusion of questioning. If, upon the initial request for an interview, a member who is the target of an investigation requests the presence of a union representative or legal counsel, an adjournment shall be granted until no later than 10:00 a.m. of the morning following the request for the interview, unless otherwise consented to by the Chief of Police. However, where such interview is requested upon at least 24 hours' advanced notice to the member, no such adjournment shall be permitted for representation purposes.
Subsequent to the investigatory review and prior to issuance of a notice of discipline, the Chief and subject member may agree to a proposed resolution of the disciplinary matter without further proceedings, subject to Town Board approval. The Chief shall submit such proposed resolution in writing to the Town Board promptly and shall state the reasons for such proposed informal disposition.
A. 
Subsequent to investigatory review and informal resolution, the Chief of Police, upon determining that a complaint against a member of the Town of Fishkill Police Department is substantiated, shall prepare a notice of discipline advising the member of:
(1) 
The charges alleged;
(2) 
The specifications of the charges alleged;
(3) 
A recommended disciplinary penalty; and
(4) 
A statement advising the member of his or her right to request a hearing within seven days from the date of service of the notice and the right to representation by legal counsel at such hearing.
B. 
The notice of discipline shall be reviewed by the Town Board, and upon review and approval of the contents of the notice of discipline, the Town Board shall have served upon the subject member the notice of discipline. The Town Board may modify the proposed penalty prior to the issuance of the notice of discipline.
A. 
Within eight days of the service of the notice of discipline upon the subject member of the Town of Fishkill Police Department, the member shall respond, in writing, indicating whether he or she wishes to request a hearing or to accept the notice of discipline and the proposed penalty.
B. 
If the penalty is accepted by the member, the Town Board shall approve the member's acceptance, which shall constitute the final determination of the disciplinary proceeding. Once approved, the Chief of Police and the Town Supervisor shall take any and all necessary actions to carry out the provisions of the notice of discipline concerning the imposition of the penalty.
C. 
A failure by the member to indicate, in writing, within eight days of service of a notice of discipline, whether he or she wishes to accept the proposed penalty and resolve the disciplinary matter or reject the proposed penalty and proceed to a hearing, shall be deemed an acceptance of the proposed penalty and a plea of guilty to the allegations therein and the Town Board shall render a final determination thereafter on the charges and imposition of the penalty.
A. 
Within 30 days following the Town Board's receipt of the member's written request for a hearing, the Town Board shall appoint a hearing officer to conduct a disciplinary hearing with regard to the charges against the member of the Town of Fishkill Police Department. The hearing officer shall be an attorney and shall not be a Town employee or consultant to the Town at the time of his/her appointment.
B. 
Unless otherwise impracticable, a hearing shall be scheduled within 90 days after appointment of a hearing officer unless otherwise mutually agreed to by the parties. The hearing officer shall determine the procedures to be followed during such hearing in addition to the requirements for such hearing as set forth herein.
C. 
Any member of the Town of Fishkill Police Department who requests a hearing on the notice of discipline is entitled to representation at such hearing by legal counsel and may present witnesses and other persons as the member may have in his or her defense against any such charges. Any and all witnesses shall testify under oath. Strict compliance with the rules of evidence shall not be required in such hearing. A transcript of the hearing must be made by a stenographer, which said transcript shall be made available to the member free of charge.
D. 
The employee subject to the hearing may request that such hearing be public which request shall not be unreasonably denied. However, the parties or hearing officer must identify certain documents, testimony or portions thereof as not subject to public disclosure for privacy or other reasons.
A. 
After conducting a hearing, the hearing officer shall issue a written report containing recommended findings of fact, a finding of innocent or guilty of the charge(s), and a recommended disciplinary penalty, if applicable, to the Town Board. The hearing officer's findings and recommendations shall be reviewed by the Town Board, and after its review, the Town Board may accept or reject, in whole or in part, the findings and recommendations.
B. 
Where a hearing officer recommends a finding of guilt after the hearing on any charge against a member, the hearing officer shall review the disciplinary history of the member prior to recommending a penalty.
C. 
The Town Board shall make a final determination on the charges and specifications alleged and shall impose a disciplinary penalty, if applicable, consistent with the provisions of the New York State Town Law.
The determination of the Town Board shall be subject to review by the Supreme Court of the judicial district in which the Town is located in the manner provided for by Article 78 of the New York Civil Practice Law and Rules except that the proceeding must be commenced within 30 days from the date of the Town Board's determination.
[Amended 7-14-2021 by L.L. No. 3-2021]
The Town Supervisor is hereby directed to take all necessary steps to implement the provisions of this article and to provide notice of the enactment of this article to the members of the Town of Fishkill Police Department.