[HISTORY: Adopted by the Town Board of the Town of Waterford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-6-1991]
The Town Board of the Town of Waterford does hereby elect to
pay the additional cost on account of any member of its Police Department
who duly elects to receive the additional benefit after 20 years of
creditable service provided for under the provisions of § 384-e
of the Retirement and Social Security Law or any subsequent amendments
thereto.
This article shall become effective on the 19th day of August
1991.
[Adopted 5-7-2013 by L.L.
No. 1-2013]
Pursuant to §§ 154 and 155 of the New York State
Town Law, the Town Board of the Town of Waterford 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 Waterford Police Department.
The New York Court of Appeals has declared that 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 article 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 Waterford Police Department.
The investigation of complaints concerning allegations of misconduct
against any member of the Town of Waterford Police Department shall
continue to be investigated pursuant to the procedures currently in
effect and as stated in the Town of Waterford Police Department Guide.
A.
The Public Safety Commissioner or the Public Safety Commissioner's
designee shall, upon a determination that a complaint against a member
of the Town of Waterford Police Department is substantiated, prepare
and serve a notice of discipline in accordance with Section 1.10 of
the current Waterford Police Department Guide.
B.
Within 14 days of the service of a notice of discipline upon a member
of the Town of Waterford Police Department, the Public Safety Commissioner,
or the Public Safety Commissioner'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 Public Safety Commissioner determines
that the imposition of a disciplinary penalty is required, the Public
Safety Commissioner shall issue and serve a written Public Safety
Commissioner's decision upon the member informing them of the
Public Safety Commissioner's determination. The Public Safety
Commissioner shall provide a copy of the Public Safety Commissioner's
decision to the Town Board. Upon the issuance of the Public Safety
Commissioner's decision, the Public Safety Commissioner shall
refer the notice of discipline to the Town Board for a determination
of the charges.
A.
Within 14 days of the member receiving the Public Safety Commissioner'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.
B.
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:
(1)
Designate a Town Board member to sit as a trier of fact to determine
the charges filed against the member of the Town of Waterford Police
Department; or
(2)
Select a hearing officer to sit as a trier of fact to determine the
charges filed against the member of the Town of Waterford 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 Public Safety Commissioner 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 Waterford
Police Department.
