NY Town L § 155 (2021)
2021 New York Laws TWN - Town Article 10 - Police 155 - Discipline and Charges.

§  155. Discipline and charges. Except as otherwise provided by law, a   member of  such  police  department  shall  continue  in  office  unless   suspended  or  dismissed  in  the  manner hereinafter provided. The town   board shall have the power and authority 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 such police department. Except as otherwise provided by law,   no  member  or  members  of  such  police  department  shall  be  fined,   reprimanded,  removed or dismissed until written charges shall have been   examined, heard and investigated in such manner or  by  such  procedure,   practice,  examination  and  investigation  as  the  board, by rules and   regulations from time to time, may prescribe. Such charges shall not  be   brought  more  than  sixty days after the time when the facts upon which   such charges are based are known to the town board. Any member  of  such   police  department  at  the time of the hearing or trial of such charges   shall have the right to a public hearing and trial and to be represented   by counsel; no person who shall have preferred such charges or any  part   of  the  same  shall  sit as judge upon such hearing or trial. Witnesses   upon the trial of such charges shall  testify  thereto  under  oath.  No   member  of  such  department  who  shall  have  been  dismissed shall be   reinstated unless he shall, within twelve months of his dismissal,  file   with  such  board  a  written application for a rehearing of the charges   upon which he was dismissed. Such board shall have the power  to  rehear   such charges and, in its discretion, may reinstate a member of the force   after he has filed such written application therefor.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.   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   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.