Pursuant to §§ 154 and 155 of the New York State
Town Law, the Town Board of the Town of Fallsburg is empowered to
adopt and make rules and regulations for the examination, hearing,
investigation and determination of the charges made or preferred against
any member or members of the Town of Fallsburg Police Department.
The New York Court of Appeals' recent determination in the matter
of Patrolmen's Benevolent Association of New York v. New York State
Public Employment Relations Board declared that local village and
town boards may not relinquish or "bargain away" to members, or their
collective bargaining representatives, the statutorily delegated power
of municipal boards to impose disciplinary measures on members of
the local police department. This chapter is enacted in order to comply
with and conform to the provisions of §§ 154 and 155
of the Town Law, the public policy of the State of New York, and Court
of Appeals case law, and provides that the Town Board, not the Town
Supervisor or any third party, shall make all final determinations
concerning the investigation of complaints and imposition of disciplinary
penalties with respect to members of the Town of Fallsburg Police
Department.
The investigation of complaints concerning allegations of misconduct
against any member of the Town of Fallsburg Police Department shall
continue to be investigated pursuant to the procedures in effect and
as stated in the Town of Fallsburg Police Department Rules and Regulations.
The Chief of Police, the Deputy Chief of Police or the Chief's
designee shall, upon a determination that a complaint against a member
of the Town of Fallsburg Police Department is substantiated, prepare
and serve a notice of discipline in accordance with the section entitled
Rules of Conduct of the current Town of Fallsburg Police Department
Rules and Regulations.
With 14 days of service of a notice of discipline upon a member
of the Town of Fallsburg Police Department, the Chief of Police, the
Deputy Chief of Police or the Chief's designee shall conduct a meeting
with the member to discuss the charges alleged in the notice, as well
as to discuss a proposed resolution of the charges. If, after the
disciplinary interview, the Chief determines that the imposition of
a disciplinary penalty is required, the Chief shall issue and serve
a written Chief's decision upon the member informing them of the Chief's
determination. The Chief shall provide a copy of the Chief's decision
to the Town Board. Upon the issuance of the Chief's decision, the
Chief shall refer the notice of discipline to the Town Board for a
determination of charges.
Within 14 days of the member receiving the Chief's decision
that imposition of a disciplinary penalty is required, the member
may request a hearing on the charges by having a written demand for
a hearing served upon the Town Supervisor. Within 45 days of the Town
Supervisor's receipt of a member's written demand for a hearing, the
Town Board shall do one of the following:
A.
Designate a Town Board member to sit as a trier of fact to determine
the charges filed against the member of the Town of Fallsburg Police
Department.
B.
Select a hearing officer to sit as a trier of fact to determine the
charges filed against the member of the Town of Fallsburg Police Department.
The hearing officer or Town Board member selected to hear and
determine the charges shall conduct a hearing and shall issue a decision
containing findings of fact and a recommended disciplinary penalty,
if applicable, to the Town Board. Said decision shall be reviewed
by the Town Board, and, after its review, the Town Board may accept
or reject, in whole or in part, the recommended findings of fact and/or
the recommended disciplinary penalty, if applicable. The Town Board
shall make the final determination of the charges alleged in the notice
of discipline and, where applicable, shall impose any penalty consistent
with the provisions of the New York State Town Law, or any other penalty
agreed to between the Town Board and the respondent member.
In accord with Town Law § 155, the determination of
the Town Board shall be subject to review by the Supreme Court in
the judicial district in which the Town is located in the manner provided
for by Article 78 of the Civil Practice Law and Rules, provided that
the proceeding is commenced within 30 days from the date of the Town
Board's determination.
Any member that is served with a notice of discipline may have
a representative or legal counsel represent him or her in connection
with any proceedings provided for by this article. The hearing of
the charges alleged in the notice of discipline shall be conducted
in accordance with the provisions of Town Law § 155, and
such hearing shall be transcribed by a stenographer. A copy of the
transcript of the proceedings shall be provided to the member free
of charge.
The Chief of Police is hereby directed to take all necessary
steps to implement provisions of this article, and to provide notice
of the same to the members of the Town of Fallsburg Police Department.
