S T A T E   O F   N E W   Y O R K
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                                        7761--A
                                                               Cal. No. 639
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 16, 2011
                                      ___________
       Introduced by M. of A. ABBATE, CASTELLI -- read once and referred to the
         Committee  on  Governmental Employees -- passed by Assembly and deliv-
         ered to the Senate, recalled from the Senate, vote reconsidered,  bill
         amended,  ordered reprinted, retaining its place on the order of third
         reading
       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 SUBDI-
   18  VISION THREE OF SECTION SEVENTY-FIVE OF THE CIVIL SERVICE LAW.   If  any
   19  member  of such police department so suspended shall not be convicted of
   20  the charges so preferred, he shall be entitled to full pay from the date
   21  of suspension. The conviction of a member of such police  department  by
   22  the  town  board  shall be subject to review by the supreme court in the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11473-03-2
       A. 7761--A                          2
    1  judicial district in which such town is located in the  manner  provided
    2  by  article  seventy-eight of the civil practice law and rules, provided
    3  that the proceeding is commenced within thirty days  from  the  determi-
    4  nation of such conviction by the town board.
    5    S 2. This act shall take effect immediately.