S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7761
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 16, 2011
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees
       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  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  second  undesignated paragraph of section 155 of the
    2  town law, as amended by chapter 310 of the laws of 1962, is  amended  to
    3  read as follows:
    4    Any  member  of  such department found guilty upon charges, after five
    5  days' notice and an opportunity to be heard in his defense,  of  neglect
    6  or  dereliction  in the performance of official duty, or of violation of
    7  rules or regulations or disobedience,  or  of  incompetency  to  perform
    8  official  duty,  or  of  an  act  of delinquency seriously affecting his
    9  general character or fitness for office, may be  punished  by  the  town
   10  board  having  jurisdiction, by reprimand, by forfeiture and withholding
   11  of salary or compensation for a  specified  time  not  exceeding  twenty
   12  days,  by  extra  tours  or  hours of duty during a specified period not
   13  exceeding twenty days, by suspension from duty for a specified time  not
   14  exceeding  twenty  days  and  the  withholding of salary or compensation
   15  during such suspension, or by dismissal from the department. Such  board
   16  shall  have  the  power  to  suspend,  without pay, pending the trial of
   17  charges, any member of such police department IN ACCORDANCE WITH SECTION
   18  SEVENTY-FIVE OF THE CIVIL SERVICE LAW.   If any member  of  such  police
   19  department  so  suspended  shall  not  be  convicted  of  the charges so
   20  preferred, he shall be entitled to full pay from the date of suspension.
   21  The conviction of a member of such police department by the  town  board
   22  shall be subject to review by the supreme court in the judicial district
   23  in  which  such town is located in the manner provided by article seven-
   24  ty-eight of the civil practice law and rules, provided that the proceed-
   25  ing is commenced within thirty  days  from  the  determination  of  such
   26  conviction by the town board.
   27    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11473-01-1