2023 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.