§ 5-3. Adoption and enforcement of rules and regulations by the commissioner of public safety.  


Latest version.
  • The commissioner of public safety shall make, adopt and enforce such reasonable rules, orders and regulations, not inconsistent with the constitution and laws of the state and this act [chapter], as may be reasonably necessary to effect a prompt and efficient exercise of all powers conferred by law and the performance of all duties imposed by law upon the said commissioner or the said departments or upon any part of or person in said departments. He is authorized and empowered to make, adopt, promulgate and enforce reasonable rules, orders and regulations for the government, discipline, administration and disposition of the officers and members of said departments and for the hearing, examination, investigation, trial and determination of charges made or preferred against any officer or member of said departments, for neglect or dereliction of official duty or incompetency or incapacity to perform his official duties or some delinquency seriously affecting his general character or fitness for the office; and in his discretion to punish any such officer or member found guilty thereof, by reprimand, forfeiting and withholding pay for a specified time, suspension without pay during the period thereof or by dismissal from office, and such period of suspension or withholding of pay shall not be limited by any provisions of law not herein contained; but no officer or member shall be removed or otherwise punished for any other cause nor until specific charges in writing shall have been preferred against and served upon him and he shall have been found guilty thereof, after reasonable notice and upon due trail before said commissioner, in the form and manner prescribed by law and the rules and regulations of the department. The said commissioner is also authorized and empowered in his discretion to deduct and withhold pay, salary or compensation from any officer or member of said departments for or on account of absence for any cause without leave, but no deduction shall be made on account of lost time by reason of sickness or other disability, physical or mental.

(N.Y. Laws 1905, Ch. 685, § 3; N.Y. Laws 1921, Ch. 529, § 1)