§ 8-804 — Discipline and charges

New York § 8-804

• Jurisdiction: New York
• Law VIL: Village
• Art. 8: Police Department

Text

§ 8-804 Discipline and charges. 1. Except as otherwise provided by\nlaw, a member of such police force or department shall continue in\noffice unless suspended or dismissed. The board of trustees or municipal\nboard shall have power and is authorized to adopt and make rules and\nregulations for the examination, hearing, investigation and\ndetermination of charges, made or preferred against any member or\nmembers of such police force or department. Except as otherwise\nprovided, no member or members of such police force or department shall\nbe fined, reprimanded, suspended, removed or dismissed until written\ncharges shall have been examined, heard and investigated in such manner\nor procedure, practice, examination and investigation as the board may\nby rules and regulations from time to time prescribe. Any member of such\npolice force or department at the time of the hearing or trial of such\ncharges shall have the right to a public hearing and trial and to be\nrepresented by counsel at any such hearing or trial, and any person who\nshall have preferred such charges or any part of the same shall not sit\nas judge upon such hearing or trial. Any and all witnesses produced in\nsuch support of all or any part of such charges shall testify thereto\nunder oath. Any member of such force or department who shall have been\nso dismissed shall not be reinstated as a member of such force or\ndepartment unless he shall within twelve months of his dismissal file\nwith such board a written application for a rehearing of the charges\nupon which he was dismissed. Such board shall have the power to rehear\nsuch charges and, in its discretion, reinstate a member of the force or\ndepartment after he has filed such written application therefor. Any\nmember of such force or department found guilty upon charges, after five\ndays' notice and an opportunity to be heard in his defense, of neglect\nor dereliction in the performance of official duty, or violation of\nrules and regulations, or disobedience, or incompetency, to perform\nofficial duty, or an act of delinquency seriously affecting his general\ncharacter or fitness for office, may be punished by the board of\ntrustees or other municipal board having jurisdiction, by reprimand,\nforfeiture and the withholding of salary or compensation for a specified\ntime not exceeding twenty days, suspension from duty for a specified\ntime not exceeding twenty days and the withholding of salary or\ncompensation during such suspension, or by dismissal from the\ndepartment. Such board shall have the power to suspend, without pay for\na period not to exceed thirty days, pending the trial of charges, any\nmember of such police force or department. If any member of such police\nforce or department so suspended shall not be convicted by such board of\nthe charges so preferred, he shall be entitled to full pay from the date\nof suspension, notwithstanding such charges and suspension. 2.\nNotwithstanding any other provision of law, no charges shall be\ncommenced more than three years after the occurrence of the alleged\nneglect or dereliction in the performance of official duty, or violation\nof rules and regulations, or disobedience, or incompetency, to perform\nofficial duty, or an act of delinquency seriously affecting his general\ncharacter or fitness for office, complained of and described in the\ncharges provided, however, that such limitation shall not apply where\nthe aforementioned conduct complained of and described in the charges\nwould, if proven in a court of appropriate jurisdiction, constitute a\ncrime.\n