[HISTORY: Adopted by the Board of Trustees of the Village
of Walden as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-28-2017 by L.L. No. 6-2017[1]]
[1]
Editor's Note: This local law was adopted as Ch. 75, but was
renumbered to maintain the organization of the Code.
A.
Pursuant to Article 8 of the New York State Village Law, the Village
Board of the Village of Walden has the power and is authorized to
adopt and make rules and regulations for the examination, hearing,
investigation and determination of charges made or preferred against
any member or members of the Village of Walden Police Department.
Furthermore, the New York Court of Appeals has consistently held that
police discipline may not be a subject of collective bargaining under
the Taylor Law[1] when the Legislature has expressly committed disciplinary
authority over a police department to local officials. Accordingly,
local Village and Town Boards may validly promulgate rules and regulations
on police disciplinary procedures relating to the members of the Village
Police Department.
[1]
Editor's Note: See Civil Service Law § 200
et seq.
B.
This article is hereby enacted in order to comply with and conform
to the applicable provisions of law, including Article 8 of the Village
Law, the public policy of the State of New York, and Court of Appeals
case law, and provides that the Village Board of Trustees shall make
all final determinations concerning the investigation of complaints
and imposition of disciplinary penalties with respect to members of
the Village of Walden Police Department in connection with any alleged
violations of the Walden Police Department rules and regulations,
general orders issued by the Chief of Police and/or policy directives
issued by the Village Manager.
Any member that is subject to an investigation or served with
a notice of discipline may have a representative or legal counsel
to represent him or her in connection with any of the proceedings
provided for by this article. Any hearing of the charges alleged in
a notice of discipline shall be conducted in accordance with the provisions
of Village Law § 8-804 and this article, and such hearing
shall be transcribed by a stenographer. A copy of the transcript of
the proceeding shall be provided to the member free of charge.
A.
The Village Board hereby designates the Village Manager to review,
examine and investigate complaints concerning allegations or violations
of the Police Department rules and regulations, general orders issued
by the Chief of Police or policy directives issued by the Village
Manager. However, no authority to make a final determination in a
disciplinary proceeding is hereby delegated to the Village Manager.
B.
Disciplinary interview. As part of the disciplinary investigation,
the Village Manager may conduct an interview of the member of the
department that is the subject of the investigation and/or any employees
that may be witnesses. Such interview(s) may, at the Village Manager's
discretion, be recorded by stenographer or by audio recording. If
the member is a target of the investigation, he or she shall be entitled
to have a union representative or attorney present for the interview.
However, such representative or attorney shall not be permitted to
interfere with or otherwise obstruct the interview process. If, upon
the initial request for an interview, a member who is the target of
an investigation requests the presence of a union representative or
legal counsel, an adjournment shall be granted until no later than
10:00 a.m. of the morning following the request for the interview,
unless otherwise consented to by the Village Manager. However, where
such interview is requested upon at least 24 hours' advanced
notice to the member, no such adjournment shall be permitted.
A.
Subsequent to investigatory review, the Village Manager, upon determining
that a complaint against a member of the Village of Walden Police
Department is substantiated, shall prepare and serve a written notice
of discipline advising the member of:
(1)
The substance of the charges alleged; and
(2)
A proposed disciplinary penalty for purposes of a resolution without
trial, if such an offer to resolve the disciplinary matter is being
made by the Village Manager; and
(3)
A proposed disciplinary penalty to be sought and recommended by the
Village if the matter proceeds to a hearing; and
(4)
A statement advising the member of his or her right to request a
public hearing within seven days from the date of service of the notice
and the right to be represented by legal counsel at such hearing.
B.
Within 10 days of the service of a notice of discipline upon a member
of the Village of Walden Police Department, the member shall be directed
to respond, in writing, indicating whether he or she wishes to accept
the proposed penalty(ies) and resolve the disciplinary matter or reject
the proposed penalty(ies) and request a public hearing. If the penalty
is accepted by the member, the Village Manager shall forward a copy
of the notice of discipline and written response to the Village Board
requesting an approval constituting a final determination, which the
Village Board shall determine in accordance with New York State law.
Once approved, the Village Manager shall take any and all necessary
actions to carry out the provisions of the notice of discipline concerning
the imposition of the penalty.
C.
If the member elects to proceed to a hearing, the Village Manager shall thereafter provide a copy of the member's written response to the Village Board, as well as a copy of the notice of discipline, advising that a hearing has been requested in accordance with the procedures set forth in § 66-5 with a final determination of charges to be made by the Village Board. The Village Manager shall then cause formal charges and specifications to be prepared and served upon the member.
D.
A failure by the member to indicate, in writing, within 10 days of service of a notice of discipline whether he or she wishes to accept the proposed penalty and resolve the disciplinary matter or reject the proposed penalty and proceed to a public hearing shall be deemed a rejection of any proposed settlement and a request for a public hearing, and the Village Manager shall proceed under the provisions of § 66-5. Nothing herein shall preclude the imposition of additional disciplinary charges upon a member for the member's failure to comply with directives of the Village Manager or Chief of Police to comply with the provisions of this article.
A.
Any member of Village Police Department who is served with a notice
of discipline shall be entitled, upon request, to a public hearing
on the charges and specifications and is entitled to be represented
at such hearing by legal counsel and should be prepared to present
such witnesses and other persons as the member may have in his or
her defense against any such charges. Any and all witnesses shall
testify under oath. Compliance with the rules of evidence shall not
be required in such hearing.
B.
Within 45 days following the Village Board's receipt of a member's
written request for a hearing, the Village Board shall appoint an
independent hearing officer to hold a disciplinary hearing with regard
to the charges against the member of the Village Police Department.
C.
Unless otherwise impracticable, a hearing shall be scheduled within
90 days after appointment of a hearing officer unless otherwise mutually
agreed to by the parties. The hearing officer shall determine the
procedures to be followed during such hearing, and formal rules of
evidence shall not apply to such hearings.
The hearing officer selected to hear and recommend a determination
of the charges shall conduct a hearing and shall issue a written report
containing recommended findings of fact, a finding of innocence or
guilt of the charge(s), and a recommended disciplinary penalty, if
applicable, to the Village Board. Said decision shall be reviewed
by the Village Board, and, after its review, the Village may accept
or reject, in whole or in part, the recommended findings of fact,
the finding of innocence or guilt, and/or the recommended disciplinary
penalty. The Village 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 Village Law. Where a hearing officer recommends a finding
of guilt after the hearing on any disciplinary charge against a member,
the hearing officer shall review the disciplinary file/history of
the member prior to recommendation of a penalty.
The final determination of the Village Board shall be subject
to review of the Supreme Court of Orange County in the manner provided
for the Article 78 of the Civil Practice Law and Rules, provided that
the proceeding is commenced within 60 days from the date of the Village
Board's determination.
The Village Manager is hereby directed to take all necessary
steps to implement the provisions of this article and to provide notice
of same to the members of the Village of Walden Police Department.
