Allows employers to suspend a police officer without pay pending disciplinary charges

BILL NUMBER:S4824

Title of bill

An act to amend the town law, in relation to the employer's ability to suspend a police officer without pay pending disciplinary charges

Purpose

This Legislation would make Town Law consistent with Civil Service Law and Village Law by limiting the period of suspension of a police officer without pay pending a hearing on disciplinary charges to thirty days.

Summary of provisions

§ 1 - amends section 155 of the Town Law, to require that a town board shall have the power to suspend, without pay, pending the trial of charges, any member of such police department in accordance with section 75(3) of the Civil Service Law.

§ 2 - provides for an immediate effective date.

Existing law

Section 75 of the Civil Service Law is the default provision governing the prosecution of disciplinary charges against the majority public employees in New York State, including police officers. Many police collective bargaining agreements contain provisions replacing § 75 with alternative disciplinary procedures agreed to by the employer and the representative employee organization. police officers discipline not covered by collective bargaining agreements can fall under different procedures depending upon the statute that covers where they are employed.

Justification

Unfortunately, the disciplinary procedures set forth in these statutes differ significantly. One of the ways in which they differ is the time period for which an officer may be suspended without pay prior to the hearing on the charges against the officer.

- Civil Service Law § 75(3) allows for suspension without pay for a period not to exceed 30 days.

-Village Law § 8-804 limits prehearing suspension without pay to 30 days

-Town Law § 155 allows for suspension without pay pending the trial of charges for an indefinite period of time.

Police officers employed by Towns face indeterminate suspension without pay pending disciplinary hearings, which other similarly situated public employees do not face.

The 30-day limitation provided for by Civil Service Law 75(3)provides for more consistent public policy without unduly hampering an employer's authority in disciplinary proceedings. Under all the aforementioned disciplinary procedures, the administration of disciplinary charges is totally within the control of the municipality (employer), including who the hearing officer is, when the disciplinary hearing is to be conducted, when the transcript is prepared, when and by whom the transcript is review on behalf of the

municipality and when the municipality makes its final determination based on the hearing officer's recommendation.

By providing a 30-day limitation on pre-hearing suspension without pay, the municipality realizes that it will resume paying the officer's salary after 30 days thus providing the municipality the impetus to keep the process moving in a timely manner. Under Town Law § 155 there is no such impetus and has the potential for abuse.

There are good and valid reasons why suspension without pay is limited to 30 days under various provisions of law and therefore should be extended to police officers covered by Town Law.

Legislative history

2009 Session: S.5656 referred to Local Governments - no further action 2010 Session: S.5656 referred to Local Governments - no further action, Same as bill A.8507 passed Assembly in 2009 and 2010 Sessions 2012 Session vetoed by Governor VM 121 - From veto message: "...it would constrain the ability of a town police department to effectively manage its workforce when allegations of misconduct arise."; the sponsor believes that this veto is mistaken or possibly ill-informed, given that the administration of disciplinary charges are completely in the control of the employer.

Fiscal implications

None.

Effective date

Immediately.