What's happening
This bill allows town boards to suspend police officers without pay pending disciplinary charges, aligning with civil service law procedures.
Why it matters
Empowers town boards to immediately suspend police officers without pay if disciplinary charges are filed,. potentially expediting the removal of officers accused of misconduct from active duty while investigations are ongoing.
Aligns the suspension process for town police officers with existing civil service law (specifically section 75(3)),. providing a uniform set of procedural safeguards and standards across jurisdictions.
Protects officers from permanent financial harm if not found guilty,. as the bill requires full back pay if the suspended officer is acquitted of all charges, balancing departmental authority with individual rights.
Could impact department morale and public trust,. as it clarifies and streamlines how serious accusations are handled, possibly increasing accountability and transparency in police oversight at the town level.
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Who cares
Headline styles
Suspend Police Without Pay
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.696
- Delivered to governor
- Returned to assembly
- Passed senateVote 59–3
- 3rd reading cal.1767
- Substituted for S4083A
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.139
- Rules report cal.139
- Reported
Show 3 earlier actions
- Amend and recommit to rules 5821a
- Reported referred to rules
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Suspend Police Without Pay
Senate Floor Calendar · Sponsor Andrew Gounardes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5821--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 19, 2019
Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the town law, in relation to the employer's ability to suspend a police officer without pay pending disciplinary charges
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The second undesignated paragraph of section 155 of the town law, as amended by chapter 310 of the laws of 1962, is amended to read as follows:
Any member of such department found guilty upon charges, after five days' notice and an opportunity to be heard in his defense, of neglect or dereliction in the performance of official duty, or of violation of rules or regulations or disobedience, or of incompetency to perform official duty, or of an act of delinquency seriously affecting his general character or fitness for office, may be punished by the town board having jurisdiction, by reprimand, by forfeiture and withholding of salary or compensation for a specified time not exceeding twenty days, by extra tours or hours of duty during a specified period not exceeding twenty days, by suspension from duty for a specified time not exceeding twenty days and the withholding of salary or compensation during such suspension, or by dismissal from the department. [Such] Notwithstanding chapters one hundred four and five hundred twenty-four of the laws of nineteen hundred thirty-six, such board shall have the power to suspend, without pay, pending the trial of charges, any member of such police department in accordance with subdivision three of section seventy-five of the civil service law. If any member of such police department so suspended shall not be convicted of the charges so preferred, he shall be entitled to full pay from the date of suspension. The conviction of a member of such police department by the town board
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09792-02-9
A. 5821--A 2
shall be subject to review by the supreme court in the judicial district in which such town is located in the manner provided by article seventy-eight of the civil practice law and rules, provided that the proceeding is commenced within thirty days from the determination of such conviction by the town board.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.