[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.
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.