Follow-up - Negotiating alternative disciplinary procedures for law enforcement personnel
Wallkill v Civil Serv. Empls. Assn., Inc. (Local 1000, AFSCME, AFL-CIO, Town of Wallkill Police Dept. Unit, Orange County Local 836), 2012 NY Slip Op 07146,
In Town of Wallkill v Civil Serv. Empls. Assn., Inc., the Court of Appeals, affirming the Appellate Division's ruling, held that §155 of the Town Law prohibited Taylor Law negotiations providing for an alternative disciplinary procedure for law enforcement personnel employed by a town [see http://publicpersonnellaw.blogspot.com/2012/10/negotiating-disciplinary-procedures.html].
There are other State statutes* vesting powers in public employers similar to those set out in §155 of the Town Law. For example, §137 of the Second Class Cities Law sets out procedures for taking disciplinary action against a police officer or firefighter employed by the jurisdiction while §8-804 of the Village Law addresses initiating disciplinary actions against members of a village police force.
Presumably the Wallkill decision applies to jurisdictions subject to the Second Class Cities Law and the Village Law with respect to their respective law enforcement personnel.
* Historical Note: See, also, McKinney's Unconsolidated Law §1041 which addressed the removal of police officers in the competitive class and Chapter 360 of the laws of 1911 addressing certain terms and conditions of employment affecting police officers.