N.Y. Comp. Codes R. & Regs. tit. 9 § 479.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 479.3 - Disposition by superintendent

When the superintendent receives a report involving accusations against a member that does not contain a final adjudication by the troop or detail commander, the superintendent may dispose of the matter by:

(a) a determination that no action is warranted and that the matter is closed. The troop or detail commander and the accused member will be so informed in writing; or

(b) a determination that the facts presented are sufficient and of such a nature as to warrant:

(1) a letter of censure; or

(2) a letter of censure and probation for a period not to exceed 90 days; in the event this action is taken, the troop or detail commander and the accused member shall be so informed in writing; or

(c) a determination that the allegations or accusations and facts presented are of such a nature that the charges should be prepared and served on the member in order that the matter may proceed to a hearing, if the accused member so desires; or

(d) a determination that the matter is of such a nature that it shall be referred to the first deputy superintendent with findings and penalty to be determined by him.

(1) If the findings of the first deputy superintendent are to the effect that the accused member is not guilty of the accusation or accusations alleged, the matter shall be closed and all parties in interest shall be promptly advised of this fact, in writing.

(2) If the findings of the first deputy superintendent are that there is reasonable cause to believe the accused member is guilty of the accusation or accusations alleged and that a penalty of:

(i) dismissal; or

(ii) suspension without pay for a period of time in excess of 30 days; and/or

(iii) reduction in permanent rank would be recommended; the first deputy superintendent shall recommend to the superintendent that charges be prepared and served on the accused member.

(3) If the findings of the first deputy superintendent are that the accused member is guilty of the accusation or accusations alleged and where disciplinary action recommended does not involve:

(i) dismissal; or

(ii) suspension without pay for a period of 30 days; and/or

(iii) reduction in permanent rank; the accused shall be notified in writing by the first deputy superintendent and also orally by his troop or detail commander of the findings and of the penalty imposed.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 479.3