[HISTORY: Adopted by the Town Board of the Town of Wallkill as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-11-1996 by L.L.
No. 1-1996]
The Town Board of the Town of Wallkill hereby determines that a Police
Commission consisting of five members is hereby established in order to promote
the effective management of the Town Police Department. Such Police Commissioners
shall be the record owners of real property in the town and electors in such
town and shall serve without compensation.
All such Commissioners shall be appointed by the Town Board and serve
at the pleasure of the Town Board and shall exercise all powers relating to
police matters as authorized under the Town Law of the State of New York.
[Adopted 1-25-2007 by L.L. No. 2-2007]
[1]
Editor's Note: Former Art. II, Duties and Responsibilities, adopted
9-28-2000, was repealed 12-14-2000.
Pursuant to §§ 154 and 155 of the New York State Town
Law, the Town Board of the Town of Wallkill 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 Wallkill Police Department. The New York Court of Appeals recent determination
in Matter of Patrolmen's Benev. Assoc'n of New York v. New York
State PERB 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 local law 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 other 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 Wallkill Police Department.
The investigation of complaints concerning allegations of misconduct
against any member of the Town of Wallkill Police Department shall continue
to be investigated pursuant to the procedures currently in effect and as stated
in the Town of Wallkill 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 Wallkill Police Department is substantiated, prepare and serve
a notice of discipline in accordance with Section 10.1 and 10.2 of the current
Wallkill Police Department Rules and Regulations.
Within 14 days of the service of a notice of discipline upon a member
of the Town of Wallkill 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 the 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.Â
Designate a Town Board member to sit as a trier of fact
to determine the charges filed against the member of the Town of Wallkill
Police Department; or
B.Â
Select a hearing officer to sit as a trier of fact to
determine the charges filed against the member of the Town of Wallkill 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
recommended 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 a 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 the provisions of this article, and to provide notice of the same
to the members of the Town of Wallkill Police Department.
