2023 New York Laws › VIL - Village › Article 8 - Police Department › 8-804 - Discipline and Charges.

§  8-804  Discipline  and  charges. 1. Except as otherwise provided by
  law, a member of such police  force  or  department  shall  continue  in
  office unless suspended or dismissed. The board of trustees or municipal
  board  shall  have  power  and is authorized 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  force  or  department.  Except  as  otherwise
  provided,  no member or members of such police force or department shall
  be fined, reprimanded, suspended, removed  or  dismissed  until  written
  charges  shall have been examined, heard and investigated in such manner
  or procedure, practice, examination and investigation as the  board  may
  by rules and regulations from time to time prescribe. Any member of such
  police  force  or 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 at any such hearing or trial, and any person who
  shall have preferred such charges or any part of the same shall not  sit
  as  judge  upon such hearing or trial. Any and all witnesses produced in
  such support of all or any part of such charges  shall  testify  thereto
  under  oath.  Any member of such force or department who shall have been
  so dismissed shall not be reinstated  as  a  member  of  such  force  or
  department  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, reinstate a member of the force  or
  department  after  he  has  filed such written application therefor. Any
  member of such force or 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 violation of
  rules and regulations, or  disobedience,  or  incompetency,  to  perform
  official  duty, or an act of delinquency seriously affecting his general
  character or fitness for  office,  may  be  punished  by  the  board  of
  trustees  or  other  municipal  board having jurisdiction, by reprimand,
  forfeiture and the withholding of salary or compensation for a specified
  time not exceeding twenty days, 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 board shall have the power to suspend, without pay for
  a period not to exceed thirty days, pending the trial  of  charges,  any
  member of such police force or department.  If any member of such police
  force or department so suspended shall not be convicted by such board of
  the charges so preferred, he shall be entitled to full pay from the date
  of   suspension,   notwithstanding   such  charges  and  suspension.  2.
  Notwithstanding  any  other  provision  of  law,  no  charges  shall  be
  commenced  more  than  three  years  after the occurrence of the alleged
  neglect or dereliction in the performance of official duty, or violation
  of rules and regulations, or disobedience, or incompetency,  to  perform
  official  duty, or an act of delinquency seriously affecting his general
  character or fitness for office, complained  of  and  described  in  the
  charges  provided,  however,  that such limitation shall not apply where
  the aforementioned conduct complained of and described  in  the  charges
  would,  if  proven  in a court of appropriate jurisdiction, constitute a
  crime.