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S4009-2011 Actions

• May 30, 2012: referred to governmental operations
• May 30, 2012: DELIVERED TO ASSEMBLY
• May 30, 2012: PASSED SENATE
• May 7, 2012: ADVANCED TO THIRD READING
• May 2, 2012: 2ND REPORT CAL.
• May 1, 2012: 1ST REPORT CAL.668
• Jan 4, 2012: REFERRED TO FINANCE
• Mar 14, 2011: REFERRED TO FINANCE

S4009-2011 Meetings

Finance: May 1, 2012

S4009-2011 Calendars

Active List: May 30, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012

S4009-2011 Votes

S4009-2011 Memo

BILL NUMBER:S4009

TITLE OF BILL:
An  act  to amend the executive law, in relation to requests to engage
in outside employment by members of the state police

PURPOSE:
Authorizes members of the state police to engage  in  certain  outside
employment.

SUMMARY OF PROVISIONS:
Amends  �215  of  the  Executive Law to prohibit the Superintendent of
State Police from denying a request to engage  in  outside  employment
unless  the  outside employment at issue is: (i) substantially related
to the performance of police duties; (ii) in conflict with or  opposed
to a state police officer's duties; or (Hi) is forbidden by law.

EXISTING LAW:
Currently,  members  of  the  State  Police  do not have the statutory
protections provided in this bill.

JUSTIFICATION:
Many members of the Division of State Police engage in  some  form  of
outside  employment.    In  order  to  engage in secondary employment,
however, State Police officers must officially request permission from
the Superintendent of State Police to do so. There have been instances
in recent years in which members have  made  such  requests  and  were
denied   because   the   contemplated  employment,  according  to  the
Superintendent, resembled "security" work. (Pursuant to provision  8H2
of the State Police Administrative Manual, members are prohibited from
working  security  related  jobs).  In  certain instances, the outside
employment positions at issue had no aspects of security work in their
job performance requirements.  Yet,  the  requests  were  nevertheless
denied as being "security related."

LEGISLATIVE HISTORY:
S.1287: 2007 - Passed Senate
        2008 - Passed Senate
S.4423: 2009 - Referred to Finance
        2010 - Reported by Finance; Died in Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4009-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4009
 2011-2012 Regular Sessions
 I N  SENATE
 March 14, 2011
 
 Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance
 

AN ACT to amend the executive law, in relation to requests to engage  in
 outside employment by members of the state police
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 3 of section  215  of  the  executive  law,  as
 amended  by  chapter  478  of  the  laws  of 2004, is amended to read as
 follows:

 3. The sworn members of the New York state police shall  be  appointed
 by  the  superintendent  and  permanent appointees may be removed by the
 superintendent only after a hearing. No person shall be appointed to the
 New York state police force as a sworn member unless he or she shall  be
 a citizen of the United States, between the ages of twenty-one and twen
 ty-nine  years except that in the superintendent's discretion, the maxi
 mum age may be extended to thirty-five years. Notwithstanding any  other
 provision  of law or any general or special law to the contrary the time
 spent on military duty, not exceeding a total of  six  years,  shall  be
 subtracted from the age of any applicant who has passed his or her twen
 ty-ninth birthday, solely for the purpose of permitting qualification as
 to  age  and  for  no  other purpose. Such limitations as to age however
 shall not apply to persons appointed to the positions of counsel,  first
 assistant  counsel,  assistant counsel, and assistant deputy superinten
 dent for employee relations nor to any person appointed to the bureau of
 criminal investigation pursuant to section two hundred sixteen  of  this
 article  nor  shall any person be appointed unless he or she has fitness
 and good moral character and shall have passed  a  physical  and  mental
 examination  based  upon standards provided by the rules and regulations
 of the superintendent. Appointments shall be  made  for  a  probationary
 period  which, in the case of appointees required to attend and complete
 a basic training program at the state police academy, shall include such
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06370-01-1
 
       S. 4009                             2
 time spent attending the basic  school  and  terminate  one  year  after
 successful  completion thereof. All other sworn members shall be subject
 to a probationary period of one  year  from  the  date  of  appointment.
 Following  satisfactory completion of the probationary period the member
 shall be a permanent appointee. Voluntary resignation or withdrawal from
 the New York state police during such appointment shall be submitted  to
 the  superintendent  for approval.  Reasonable time shall be required to
 account for all equipment issued or for  debts  or  obligations  to  the
 state  to  be  satisfied.  Resignation  or  withdrawal from the division
 during a time of emergency, so declared by the governor,  shall  not  be
 approved  if  contrary  to the best interest of the state and shall be a
 misdemeanor. No sworn member removed from  the  New  York  state  police
 shall be eligible for reappointment. The superintendent shall make rules
 and  regulations  subject to approval by the governor for the discipline
 and control of the New York state police and  for  the  examination  and
 qualifications of applicants for appointment as members thereto and such
 examinations  shall  be held and conducted by the superintendent subject
 to such rules and regulations, PROVIDED, HOWEVER, NO  SUCH  RULE,  REGU
 LATION OR ADMINISTRATIVE PROVISION SHALL AUTHORIZE THE SUPERINTENDENT OR
 HIS OR HER DESIGNEE TO DENY A REQUEST OF A MEMBER OF THE STATE POLICE TO
 ENGAGE  IN OUTSIDE EMPLOYMENT UNLESS THE OUTSIDE EMPLOYMENT AT ISSUE IS:

 (I) SUBSTANTIALLY RELATED TO THE PERFORMANCE OF POLICE DUTIES;  (II)  IN
 CONFLICT WITH OR OPPOSED TO A STATE POLICE OFFICER'S DUTIES; OR (III) IS
 FORBIDDEN  BY LAW.   The superintendent is authorized to charge a fee of
 twenty dollars as an application fee for any person applying to  take  a
 competitive  examination  for the position of trooper, and a fee of five
 dollars for any competitive examination for  a  civilian  position.  The
 superintendent  shall  promulgate regulations subject to the approval of
 the director of the budget, to provide for a waiver of  the  application
 fee  when  the fee would cause an unreasonable hardship on the applicant
 and to establish a fee schedule and charge fees for  the  use  of  state
 police facilities.
 

S 2. This act shall take effect immediately.

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