[HISTORY: Adopted by the Board of Trustees of the Village of Southampton: Art. I, 6-24-1986 as L.L. No. 5-1986. Amendments noted where applicable.]
[Adopted 6-24-1986 as L.L. No. 5-1986]
A. 
Definitions. As used in this Article, the following terms shall have the meanings indicated:
POLICE OFFICER
A sworn member of the Police Department of the Village of Southampton appointed under the Civil Service Law of the State of New York to enforce the laws and ordinances for preserving the peace and good order of the village.
(1) 
Radio operators and clerical employees are not considered "police officers."
(2) 
Seasonal police officers appointed for summer or other temporary duty shall be considered "police officers."
B. 
Purpose. The purpose of this Article is to provide rules and regulations for examination, hearing, investigation and determination of charges made or preferred against members of the Southampton Village Police Department, as provided in § 8-804 of the Village Law of the State of New York.
The Village Board has the power to discipline a member of the Department by:
A. 
Reprimand.
B. 
Fine.
C. 
Suspension, with or without pay, in accordance with the provisions of the Village Law or other applicable law.
D. 
Dismissal or removal from the Department.
E. 
Reduction into a grade below that in which he was serving if he is above the grade of patrolman, after which his compensation shall be the same as that allowed to members of the grade to which he is reduced.
Reasons for discipline shall be as follows:
A. 
Violation of the rules, regulations, directives or orders of the Department, which shall constitute misconduct.
B. 
Disobedience or incompetency to perform official duty.
C. 
Neglect or dereliction in performance of official duty.
D. 
An act of delinquency seriously affecting his general character or fitness for office.
E. 
Any other breach of the Southampton Village Police Department Rules of Conduct. A copy of such rules is hereby made a part hereof, and the rules are set forth as Appendix A annexed hereto.[1]
[1]
Editor's Note: Appendix A is on file in the office of the Village Clerk.
A. 
Charges, in writing, stating the offender's name, rank, shield number and command, the date, time, location and full details of the offense, submitted and signed by the offender's superior officer, shall be forwarded through official channels to the Chief of Police or officer in charge.
B. 
After an investigation by the Chief or officer in charge, the charges must be forwarded to the Police Commissioner to arrange for service of the charges, notification of witnesses, date, time and place of arraignment and hearing.
A. 
Each member of the Department to be heard on charges shall be served with a copy of the charges at least eight days before arraignment, exclusive of Sundays and holidays. The accused shall be offered an opportunity to be represented by counsel. Notice for members to appear as complainants or witnesses shall be hand-delivered. The accused shall be given an opportunity to plead to all or part of the charges prior to the hearing date.
B. 
Service shall be made upon the accused as follows: personal delivery or, if personal delivery cannot be made, then by leaving a copy of the charges at the member's place of residence with a person of suitable age and discretion and by notifying such person orally of the nature of such papers or, if personal delivery cannot be made and the residence cannot be located, then by posting a copy of the charges in the office of the command to which the accused is attached, at least eight days before time of arraignment, exclusive of Sundays and legal holidays.
A. 
The Village Board will appoint a Hearing Officer who will conduct the hearing.
B. 
The Hearing Officer is to hear all testimony and review all evidence and report, in writing, with or without recommendations, to the Village Board.
C. 
The Village Board will appoint a stenographer to record the arraignment and hearing.
A. 
Complainant and witnesses need not attend the arraignment.
B. 
The arraignment before the Hearing Officer will be as follows:
"Rank, surname, have you been served with a copy of these charges?
"Do you want the charges read to you or do you waive a reading of the charges at this time?
"You have the right to be represented by counsel, to request the attendance of witnesses in your behalf, to move for a dismissal of these charges or to move for an adjournment.
"You are further advised that, upon your plea of guilty or after being found guilty of any of the charges, under Article 8, § 8-804, of the Village Law or other applicable law, the Village Board has the power to discipline a member of the Department by reprimand; fine; suspension, with or without pay; dismissal or removal from the Department; or reducing into any grade below that in which you were serving, if you are above the grade of police officer, after which your compensation is the same as that allowed to members of the grade to which you are reduced.
"Now, how do you plead ...?"
A. 
Witnesses will be excluded from the hearing room except to testify.
B. 
Each witness will be sworn by the Hearing Officer prior to testifying.
C. 
The Department, through its counsel, shall conduct the direct examination. At the conclusion of the direct examination, the witness shall be at the disposal of the accused or the accused's counsel for cross-examination. The witness shall be subject to re-direct examination and re-cross-examination, if required. After the witnesses for the Department have testified, that fact shall be communicated to the accused (counsel), and he shall then proceed with his defense.
D. 
The accused or accused's counsel shall conduct the direct examination. At the conclusion of the direct examination, the witness shall be at the disposal of the Department for cross-examination. The witness shall be subject to re-direct examination and re-cross-examination by the Department, if required.
E. 
The accused may testify in his own behalf and, if he does, will be subject to cross-examination by the Department.
F. 
At the conclusion of testimony by witnesses for the accused, the Department may call rebuttal witnesses, who shall be subject to cross-examination.
G. 
The accused or his counsel and the Department shall be given a brief opportunity to sum up and to make pertinent motions.
H. 
The Hearing Officer, at his discretion, may exclude from the hearing room every person except the accused and his counsel, the Department counsel, the Village Attorney and the stenographer.
Members of the Department may be suspended from duty whenever, in the opinion of the Chief of Police or officer in charge, such action is necessary. Such suspension is in accordance with the Village Law or other applicable law.
A. 
Unless otherwise directed by the Chief of Police, a member of the Department under suspension shall report daily, in person, to the Chief of Police or other designated officer.
B. 
Upon suspension, a member of the Department shall promptly surrender his service revolver and shields and any other items of Department property and any weapons possessed by the member, not under license, as prescribed by the Chief of Police or officer in charge.
C. 
During the period of suspension, a member of the Department shall not wear his uniform or any distinguishable part thereof or carry any police equipment.
A. 
A member of the Department found guilty of violating a rule or procedure of the Department or provisions of any directive or order, or of cowardice or intoxication while on duty or in uniform or of conduct unbecoming an officer, or of making a false official communication, record or statement, or a member of the Department convicted in a court having criminal jurisdiction, may be dismissed from the Department or suffer such other punishment as the Village Board may direct pursuant to the Village Law or other applicable law.
B. 
Disorder or neglect to the prejudice of good order, efficiency or discipline, though not specifically mentioned in these rules and procedures, shall be taken cognizance of by the Department, and members found guilty thereof shall be punished at the discretion of the Chief of Police or officer in charge.
Appeals should be made in accordance with Article 8, § 8-806, of the Village Law or any other applicable law.