New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle K - New York State Police
Part 468 - St. Regis Mohawk Tribal Police
Section 468.5 - Termination, suspension and revocation

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 468.5

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Termination. If a police officer is terminated from the Tribal Police Department other than through the action of the superintendent, the Tribal Council shall file notice to that effect with the superintendent and in the office of the Department of State. Upon such filing, the appointment as a police officer shall be terminated.

(b) Suspension and revocation. The superintendent may at pleasure revoke or suspend the appointment of any police officer by filing a notice of suspension or revocation thereof in the office of the Department of State and mailing a notice of such filing to the Tribal Council, and also to the person whose appointment is suspended or revoked, at the officer's address as it appears in the certificate of appointment or the latest statement thereof on file. An appointment may be restored by the superintendent upon the filing of a restoration notice to the Department of State, the person suspended, and the Tribal Council.

(1) The superintendent may suspend appointment of a police officer without affording the officer an opportunity to be heard.

(2) Prior to revoking the appointment of a police officer, the superintendent may provide the officer with a statement describing the basis for the contemplated revocation, and may afford the officer an opportunity to submit written opposition to the revocation. The submission may include statements of the officer and other relevant witnesses and materials. The officer may obtain legal representation in connection with the submission. The superintendent may determine to allow, instead of or in addition to the written submissions, an oral presentation by the officer and/or his or her witnesses to the superintendent or his or her designee.

(3) The superintendent shall revoke the appointments of all police officers appointed under section 114 of the Indian Law if the Tribal Council fails to maintain in full force and effect the waiver of sovereign immunity and the policy of insurance specified in subdivision one of section 114 of the Indian Law.

(4) The superintendent may revoke the appointments of all police officers appointed under section 114 of the Indian Law if the Tribal Council fails to comply with any other provision of section 114 of the Indian Law or this Part.

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