[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.
POLICE OFFICER
Definitions. As used in this Article, the following terms
shall have the meanings indicated:
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.
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.
These rules and regulations shall be in accordance with the provisions
of the Village Law and the Civil Service 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.
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:
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"Rank, surname, have you been served with a copy of these charges?
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"Do you want the charges read to you or do you waive a reading of the
charges at this time?
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"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.
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"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.
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"Now, how do you plead ...?"
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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.
