NYCL AGO 95-55.

• Case Date: December 05, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-55. December 5, 1995Informal Opinion No. 95-55Anthony M. Cerreto, Esq. Village Attorney No. 95-55 Village of Port Chester 10 Pearl Street Port Chester, NY 10573CIVIL SERVICE LAW § 85(2); MUNICIPAL HOME RULE LAW §§ 10(1)(ii)(a) and (e)(3), 23(2)(^; VILLAGE LAW §§ 3-308, 8-804.Subject to mandatory referendum, the village board of trustees may enact a local law transferring the authority to discipline police officers from the board of trustees to the village manager.Dear Mr. Cerreto: You have asked whether disciplinary proceedings against members of the village police department may be conducted by the village manager. In a telephone conversation, you explained that the manager would conduct the hearing and also make the ultimate decision as to discipline. Currently, the village board of trustees conducts the hearing and determines the appropriate discipline. Under section 8-804 of the Village Law, the village board of trustees or municipal board (apparently a reference to Village Law § 3-308, which authorizes establishment of a board of police commissioners) is authorized to adopt rules and regulations for the determination of charges against members of the village police department. These regulations are subject to due process requirements and the ultimate decision on discipline is to be made by the board of trustees or other municipal board having jurisdiction. Under section 8-804, there is nothing to prevent the regulations from providing for another village officer, such as the village manager, to hear the charges but the ultimate decision must be made by the board of trustees or other board having jurisdiction. See also, Civil Service Law § 75(2). In your village, the board of trustees has responsibility for conducting the hearing and for making the ultimate determination of discipline. While the village manager under section 8-804 of the Village Law, through an amendment of...