§ 68-8. Powers of Chief of Police.  


Latest version.
  • A. 
    In carrying out the day-to-day operations of the Department, the Chief of Police shall have reasonable discretion to take such actions as are necessary to ensure the safe and efficient operation of the Department in a manner consistent with accepted police practices; provided, however, that fundamental policy changes, including those which should properly be included in Department rules and regulations, shall be subject to approval by the Board of Police Commissioners and all other applicable laws governing such activities.
    B. 
    Except as to the discipline of the Chief of Police, all formal departmental disciplinary charges shall be brought by the Chief of Police, subject to the requirements of applicable laws. All such charges shall be heard either by the Board of Police Commissioners or by a hearing officer appointed by the Board of Police Commissioners, at the Board of Police Commissioners' discretion. In the event a hearing officer is appointed to hear disciplinary charges, the hearing officer shall issue findings of fact and recommendations on guilt or innocence and penalty, if any, and the Board of Commissioners shall retain the sole and exclusive right and authority to make the final determination as to guilt or innocence and the appropriate penalty, if any. In the case of discipline of the Chief of Police, such charges shall be brought by the Supervisor of the Town Board and shall be heard either by the Board of Police Commissioners or by a hearing officer appointed by the Board of Police Commissioners, at the Board of Police Commissioners' discretion. In the event a hearing officer is appointed to hear disciplinary charges against the Chief of Police, the hearing officer shall issue findings of fact and recommendations on guilt or innocence and penalty, if any, and the Board of Commissioners shall retain the sole and exclusive right and authority to make the final determination as to guilt or innocence and the appropriate penalty, if any.
    C. 
    In all other instances, the Board of Police Commissioners shall be granted all the powers and duties granted to a Board of Police Commissioners under the Westchester County Police Act (Chapter 104 of the Laws of 1936).