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.