N.Y. Comp. Codes R. & Regs. tit. 9 § 479.2

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

Section 479.2 - Disposition by troop or detail commander

The troop or detail commander may dispose of the matter by:

(a) A determination that no action is warranted and that the matter is closed. The commander will so inform the accused member, in writing, and thereafter shall forward the complete report, together with his final adjudication, to the superintendent.

(b) A determination that, in his judgment, the penalties which he can impose as a troop or detail commander would not be adequate punishment for any violation of the rules, regulations, instructions or orders as reported to him. Upon such determination, the commander shall forward the complete report to the superintendent.

(c) A determination that, in his judgment, the penalties which he can impose as a troop or detail commander will be adequate punishment for any proven violation of the rules, regulations, instructions or orders as reported to him. Upon such determination, the commander shall proceed as follows:

(1) The commander shall cause the accused member to appear before him, affording the member the right to be represented, if desired, and shall inform him of the following:

(i) the commander's decision to dispose of the matter;

(ii) the penalties that the commander can impose upon a finding of guilt, these penalties shall be limited to:

(a) a letter of censure; and/or

(b) an intra-troop transfer, with the consent of the accused member; and/or

(c) a fine to be expressed in the loss of no more than five vacation days to be worked by the member with no additional compensation or overtime; and/or

(d) a period of probation not exceeding 90 days (this probation must be for a definite period of time and must include conditions of probation that, if violated, could subject the member, without the right of a further inquiry or a hearing, to the imposition of any one or more of the penalties that can be imposed by the commander, and/or an intra-troop transfer, without the consent of the accused member);

(iii) the member's right to an informal inquiry, to be conducted by the troop or detail commander, resulting in an adjudication of both the question of guilt and of penalty, if any, to be imposed;

(iv) that the commander's adjudication after an inquiry will be final; and

(v) that if the member desires informal inquiry and adjudication by the commander, the member must execute in writing a consent to have the matter adjudicated by the commander and a waiver of any right of appeal from the commander's adjudication.

(2) If the accused member does not desire informal inquiry and adjudication by the commander or does not execute in writing such consent and waiver of right of appeal, the commander shall forward the complete report to the superintendent.

(3) Upon the execution of such consent and waiver by the accused member, the commander shall conduct an informal inquiry; thereafter he shall make a final adjudication to include a finding of any violations of the rules, regulations, instructions or orders sustained. If the commander finds that no violation is proven, the matter will be closed and the accused member will be so advised in writing. Upon a finding that the member is in violation of the rules, regulations, instructions or orders, the commander may impose any or all of the penalties which he can impose, as aforesaid, and will so advise the accused member. The commander shall forward a complete report to the superintendent.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 479.2