§ 33-16. Discipline of appointed public officers.

A. 

Preamble. This section is enacted to establish a procedure whereby certain appointed public officers in the Village of Bellerose (the "Village") may be afforded a due process hearing in the event a need arises for the Village to pursue disciplinary charges against an appointed public officer.

B. 

Procedure. A person holding an appointed public office in the Village and for whom no statute provides a disciplinary procedure may be disciplined by the officer or body having the power of appointment in accordance with the procedures set forth in Subdivision 2 of § 75 of the Civil Officers Law, as it existed on January 1, 1992.

C. 

Penalties.

(1) 

If an officer is found guilty of disciplinary charges, the penalty to be imposed may consist of either:

(a) 

A reprimand;

(b) 

A suspension without pay for a period not exceeding two months;

(c) 

A loss of accrued paid leave; or

(d) 

A termination from office.

(2) 

If the officer is found guilty, s/he shall be provided a copy of the charges, the written answer thereto, a transcript of the hearing, and the determination rendered by the appointing authority. The civil service agency having jurisdiction shall be notified of the determination.

D. 

Procedural limitations. No proceeding pursuant to this section shall be commenced more than two years after the alleged incompetence or misconduct has occurred or has become known to the appointing authority. This limitation shall not apply to where the alleged incompetency or misconduct would, if proven in a judicial proceeding, constitute a crime.

E. 

Appeal of an adverse determination. The determination rendered by the appointing authority pursuant to this section shall constitute a final determination of the Village and may be reviewed upon petition filed in accordance with the provisions of Article 78 of the Civil Practice Rules and Procedures.

F. 

Savings clause. In the event that this section or any provision of it shall be deemed by a court to be in conflict with a provision of either the New York State Constitution or with a general law, or if adherence to or enforcement of any section of this section shall be restrained by a court, the remaining provisions of this section shall not be affected.

Added 6-28-2004 by L.L. No. 3-2004