Village of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 6.
Code of Ethics — See Ch. 9.
[Adopted 12-11-2006 by L.L. No. 8-2006]
This article is enacted to establish a procedure whereby certain appointed public officers in the Village of Fishkill may be afforded a due process hearing in the event a need arises for the appointing authority to pursue disciplinary charges against an appointed public officer.
A person holding an appointed public office in the Village of Fishkill and for whom no statute provides a disciplinary procedure may be disciplined by the officer or body having the power of appointment in accordance with the procedures set forth in Subdivision 2 of § 75 of the Civil Service Law.
A. 
If an officer is found guilty of disciplinary charges, the penalty to be imposed may consist of either:
(1) 
A reprimand;
(2) 
A suspension without pay for a period not exceeding two months; or
(3) 
A loss of accrued paid leave; or
(4) 
A termination from office.
B. 
If the officer is found guilty, he or she shall be provided with a copy of the charges, the written answer thereto, a transcript of the hearing, and the determination rendered by the appointing authority. The civil service agency having jurisdiction shall be notified of the determination.
No proceeding pursuant to this article shall be commenced more than two years after the alleged incompetence or misconduct has occurred or has become known to the appointing authority. This limitation shall not apply to cases where the alleged incompetency or misconduct would, if proven in a judicial proceeding, constitute a crime.
The determination rendered by the appointing authority, pursuant to this article shall constitute a final determination of the Village of Fishkill and may be reviewed upon petition filed in accordance with the provisions of Article 78 of the Civil Practice Law and Rules.