3.02.130 Appointment, Supervision, Discipline of the Chief of Police

(a) In accordance with Section 3.02.110(a) the Police Commission appoints, supervises, disciplines, and may terminate the Chief of Police.

(b) The Chief of Police is an employee of the Saint Regis Mohawk Tribe. As such, he/she is subject to the Tribe's policies and procedures including, but not limited to, the Employee Handbook with its amendments and the Whistleblower Policy. In addition, he/she also is subject to any ratified policies and procedures or Police Manual of the Department. For any conduct that is proscribed in the Tribe's Employee Handbook it will control any complaint or disciplinary process. For any conduct that is proscribed under the Tribal Police's Police Manual it will control any complaint or disciplinary process and the Commission will determine whether to proceed with any disciplinary charges as outlined herein at Section 3.02.130(g).

(c) The Police Commission shall work with the Human Resources Department and follow the procedures in the Employee Handbook for any conduct that is proscribed in the Employee Handbook.

(d) The Commission shall use the following process for appointing the Chief of Police:

(1) Upon a vacancy, the Commission shall appoint an Acting Chief of Police while conducting a candidate search.

(2) The Police Commission shall post the position in local and national newspapers, in addition to any other places, for no longer than thirty (30) days.

(3) The Commission shall interview any candidates that meet the criteria for Chief of Police as per Section 3.02.130(c).

(4) Upon finding a qualified candidate, the Commission upon notice to Tribal Council shall appoint a Chief of Police.

(e) The Chief of Police must meet the following requirements.

(1) Ten (10) years of law enforcement experience.

(2) Five (5) years of supervisory or management experience.

(3) Possess the qualifications required to be appointed pursuant to New York State Article 8 § 114.

(4) The Native Preference Policy of the Saint Regis Mohawk Tribe shall apply to this position.

(f) To coincide with the Department's annual evaluation from Section 3.02.110(q), the Commission shall conduct a yearly evaluation of the Chief of Police. It shall be submitted by February fifteenth (15th) of each year. The Commission may hire an outside evaluator to assist with the evaluation. The evaluation shall include, but is not limited to:

(1) Interviews with Department personnel and officers.

(2) Conduct an anonymous survey of all Police Officers and Personnel to determine the overall satisfaction with the Chief of Police with a focus on whether he or she is adhering to the job description or duties listed in the Police Manual.

(3) Conduct a review of complaints and/or disciplinary actions against the Chief of Police.

(4) A review of any updated policies and procedures that the Chief of Police may have initiated.

(g) Disciplinary charges against the Chief of Police may be filed by the Commission based upon an Internal Affairs investigation or as a result of the Commission's oversight of the Chief of Police.

(1) Written notice of the charges shall be given to the Chief of Police, along with notice of a hearing to be held before the Commission. The notice shall include the right to cross examine witnesses, the right to present evidence, and the right to an attorney at his/her own expense.

(2) The disciplinary hearing shall be heard by the Commission within thirty (30) days of the filing of the disciplinary charges.

(3) The Police Commission shall determine which evidence is relevant and allowed at the hearing.

(4) The Chief of Police may cross-examine evidence and offer any evidence to refute the charges.

(5) The Commission shall decide whether the charges have been sustained based upon the evidence presented to them. The evidence may be offered by the Internal Affairs Officer or by the Commission's Chair or his/her designee. The burden of proof is preponderance of the evidence. The Commission may retire to executive session to discuss and decide the case.

(6) Upon a finding the charges have been sustained, the Commission shall impose discipline, which may include, but is not limited to counseling, training, probation, suspension, or termination. The Commission shall issue a written decision for any discipline that involves termination or suspension.

(7) Once the Commission has rendered a decision involving a suspension or termination, the Chief of Police may appeal such decision within ten (10) business days of the decision being issued to the Saint Regis Mohawk Court of Appeals on notice to the Commission. The Court of Appeals shall determine whether the Commission's decision was arbitrary and capricious based upon the record the Commission develops. After an appeal is filed, the Commission shall have ten (10) business days to submit a certified copy of the record with the Court of Appeals and provide a copy to the Chief of Police. If the Commission's decision involves counseling, training, probation or anything other than suspension or termination then the Commission's decision is final.

(h) The Chief of Police may be suspended by the Commission during an investigation involving his/her conduct. The Commission shall decide if the suspension shall be with or without pay. If the investigation does not result in further disciplinary action, or the suspension is found to be unwarranted, any loss of compensation during the suspension period shall be reviewed and may be returned to the Chief of Police.

(i) Any misconduct that is criminal in nature shall be referred to the tribal prosecutor and/or Franklin County District Attorney or other law enforcement agency that is deemed appropriate.