N.Y. Second Class Cities Law § 137: Discipline

§ 137. Discipline. If a charge may be made by any person against any

officer or member of the police or fire departments that he has been

negligent or derelict in the performance of his official duties, or is

incompetent or without capacity to perform the same or is guilty of some

delinquency seriously affecting his general character or fitness for the

office, the charge must be in writing, in the form prescribed by the

rules and regulations of the commissioner of public safety, and a copy

thereof must be served upon the accused officer or member. The

commissioner shall then proceed to hear, try and determine the charge.

The accused shall have the right to be present at his trial and to be

heard in person and by counsel and to give and furnish evidence in his

defense. All trials shall be open to the public. The commissioner has

power to issue subpoenas, in his name, to compel the attendance of

witnesses, and shall upon the oral application of the accused issue a

subpoena on the behalf of the accused, leaving the space for the names

of his witnesses blank that he may fill in their names, upon any

proceeding authorized by the rules and regulations of the department,

and any person served with a subpoena is bound to attend in obedience to

the command thereof; and the commissioner shall compel the attendance of

witnesses and compel them to testify in the same manner as in the case

of any officer or board authorized by law to issue subpoenas and take

testimony. If the accused shall be found guilty of the charge made

against him, the commissioner may punish him by reprimand, by forfeiting

and withholding pay for a period not to exceed thirty days, by

suspension without pay during a period not to exceed thirty days, or by

dismissal from office. At any time within one year after the date of

dismissal, any officer or member dismissed may make application to the

commissioner for reinstatement. Such application must be in writing and

contain a release of the city from all claims for back compensation. The

commissioner may, in his discretion, rehear and redetermine the charges

and reinstate such officer or member, with or without an allowance of

the whole or a part of the time since such dismissal to be applied on

his time of service in the department, or may affirm such dismissal. At

any time within one year after this chapter takes effect or within one

year after the date of resignation, an officer or member who has

resigned may make application to the commissioner for reinstatement and

the commissioner may, in his discretion, reinstate him, but the time

between the date of resignation and reinstatement shall not apply on his

time of service in the department.