You are here: / / COUNTY CHARTER CONTROLLED WHERE THERE WAS A CONFLICT BETWEEN THE CHARTER...
,

COUNTY CHARTER CONTROLLED WHERE THERE WAS A CONFLICT BETWEEN THE CHARTER AND AN ADMINISTRATIVE CODE PROVISION RE: ARBITRATION OF POLICE DISCIPLINARY MATTERS.

The Second Department determined the county did not have the authority to enter into an agreement with the police union (PBA) to arbitrate certain police disciplinary matters. The county charter vested the power to discipline police in the police commissioner. The charter provision was deemed controlling. Therefore the administrative code provision allowing the binding arbitration of disciplinary matters was properly repealed by a local law subsequently enacted by the county:

… [S]ince the County Charter vested the power to discipline members of the Nassau County Police Department exclusively with the Commissioner of Police, the County Legislature’s attempt to divest the Commissioner of a portion of that disciplinary authority by amending the County Administrative Code to allow for binding arbitration of certain disciplinary matters created a conflict between the code and the charter, and, in the face of such a conflict, the charter controlled … . Therefore, the court properly concluded that the County Legislature’s enactment of section 8-13.0(e) of the Nassau County Administrative Code was invalid, and that the subsequent repeal of section 8-13.0(e) of the County Administrative Code by Local Law No. 9-2012 of the County of Nassau was proper and should not be enjoined. Moreover, as the County Legislature expressly committed disciplinary authority over the Nassau County Police Department to the Commissioner of Police, collective bargaining over disciplinary matters was prohibited … . Carver v County of Nassau, 2016 NY Slip Op 00466, 2nd Dept 1-27-16

MUNICIPAL LAW (COUNTY CHARTER TRUMPS ADMINISTRATIVE CODE)/COUNTIES (COUNTY CHARTER TRUMPS ADMINISTRATIVE CODE)/CHARTERS (COUNTY CHARTER TRUMPS ADMINISTRATIVE CODE)/UNIONS (COUNTY CHARTER TRUMPS POLICE COLLECTIVE BARGAINING AGREEMENT)/PUBLIC EMPLOYEES (COUNTY CHARTER TRUMPS COLLECTIVE BARGAINING AGREEMENT)/COLLECTIVE BARGAINING AGREEMENTS (COUNTY CHARTER TRUMPS POLICE COLLECTIVE BARGAINING AGREEMENT)/POLICE (COUNTY CHARTER TRUMPS COLLECTIVE BARGAINING AGREEMENT)

You might also like
THE 2020 AMENDMENTS TO THE ANTI-SLAPP STATUTE DO NOT APPLY AS A DEFENSE TO THIS DEFAMATION ACTION BASED UPON DEFENDANTS’ CRITICISM OF PLAINTIFF DOG-GROOMER POSTED ON SOCIAL MEDIA (SECOND DEPT).
THE BANK DID NOT DEMONSTRATE COMPLIANCE WITH THE NOTICE REQUIREMENTS OF RPAPL 1304; THE BANK’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
Election of Remedies Provision in Labor Law 740 Precluded Retaliation Action Based Upon an Alleged Violation of NYC Administrative Code
Supreme Court Properly Imputed Income to Husband (Higher than that Reported by Husband) in Awarding Pendente Lite Maintenance and Child Support
MOTION TO VACATE DEFENDANT’S CONVICTION SHOULD NOT HAVE BEEN GRANTED, EVIDENCE ALLEGEDLY WITHHELD FROM THE DEFENSE WAS NOT BRADY MATERIAL (SECOND DEPT).
Doctrine of Primary Assumption of the Risk Does Not Apply to Game of “Manhunt” Played After Midnight on School Property
Criteria for Determining Motions to Dismiss Affirmative Defenses Explained
THE PURPORTED STIPULATION OF DISCONTINUANCE OF THE FORECLOSURE ACTION AND THE PURPORTED NOTICE OF DISCONTINUANCE WERE INVALID; SUPREME COURT SHOULD NOT HAVE DETERMINED THE ACCELERATION OF THE MORTGAGE DEBT HAD BEEN REVOKED (SECOND DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

UNDER THE CITY CHARTER, THE MAYOR DID NOT HAVE THE POWER TO ABOLISH A CIVIL... ANALYTICAL CRITERIA FOR DETERMINING LIABILITY IN A REAR-END COLLISION CASE CLEARLY...