A6707-2011 Actions

• May 22, 2012: held for consideration in codes
• Jan 4, 2012: referred to codes
• Mar 25, 2011: referred to codes

A6707-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6707
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 March 25, 2011
 
 Introduced by M. of A. TENNEY -- read once and referred to the Committee
 on Codes
 AN  ACT  to  amend  the general municipal law and the criminal procedure
 law, in relation to employment of retired police  officers  by  school
 districts
 

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

 

Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 209-vv to read as follows:

 

S  209-VV.  EMPLOYMENT  OF RETIRED POLICE OFFICERS AS SPECIAL SECURITY
 OFFICERS FOR SCHOOL DISTRICTS. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR
 REGULATION, THE TRUSTEES OR BOARD OF EDUCATION OF  ANY  SCHOOL  DISTRICT
 APPROVED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION ARE AUTHORIZED TO
 EMPLOY RETIRED FORMER MEMBERS OF POLICE OR SHERIFF'S DEPARTMENTS, OR THE
 DIVISION OF STATE POLICE FOR THE PURPOSE OF PROVIDING  SPECIAL  SECURITY
 OFFICERS IN THE SCHOOLS OF SUCH SCHOOL DISTRICT, IN ORDER TO PROTECT THE
 PROPERTY  OR  PERSONS ON SUCH PREMISES.  THE TRUSTEES OR BOARD OF EDUCA
 TION OF ANY SCHOOL DISTRICT SO AUTHORIZED SHALL TIMELY SUBMIT THE ANNUAL
 REPORT SET OUT IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED  TWO
 OF THE EDUCATION LAW DURING THE LENGTH OF THE AUTHORIZATION.
 2.  (A)  TO BE AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT MUST  SUBMIT  AN
 APPLICATION TO THE STATE DEPARTMENT OF EDUCATION WHICH SETS FORTH:

 (I)  THE CURRENT SECURITY ARRANGEMENTS IN SUCH DISTRICT, INCLUDING THE
 STAFF PROVIDING SECURITY, SCHEDULED HOURS, AND DUTIES;
 (II) THE SCHOOL VIOLENCE MEASURES UNDERTAKEN BY THE  SCHOOL  DISTRICT,
 INCLUDING  ALL SCHOOL CODES AND SCHOOL SAFETY PLANS REQUIRED BY SECTIONS
 TWENTY-EIGHT HUNDRED ONE AND TWENTY-EIGHT HUNDRED ONE-A OF THE EDUCATION
 LAW; AND
 (III) THE SECURITY NEEDS WHICH WOULD BE ADDRESSED BY THE  PRESENCE  OF
 SPECIAL SECURITY OFFICERS IN THE SCHOOL OR SCHOOLS IN THE DISTRICT.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06664-01-1
 
       A. 6707                             2
 (B)  THE DEPARTMENT OF EDUCATION SHALL REVIEW THE APPLICATION AND HAVE
 SOLE AUTHORITY TO APPROVE OR DENY THE APPLICATION. NO APPLICATION  SHALL
 BE APPROVED WHERE THE SCHOOL DISTRICT HAS NOT TIMELY SUBMITTED THE ANNU
 AL  REPORT  SET OUT IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED
 TWO OF THE EDUCATION LAW.
 (C)  SUCH  AUTHORIZATION SHALL BE VALID FOR NO LONGER THAN FOUR YEARS.
 IF, AT ANY TIME, THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT
 SO AUTHORIZED FAIL TO TIMELY SUBMIT THE ANNUAL REPORT SET OUT IN  SUBDI
 VISION  THREE  OF SECTION TWENTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW,
 SUCH AUTHORIZATION SHALL BE SUSPENDED PENDING SUBMISSION.
 (D) NO SPECIAL SECURITY OFFICER MAY CARRY A FIREARM DURING  THE  HOURS
 OF HIS OR HER EMPLOYMENT.
 3.  THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT SHALL HAVE
 THE POWER TO FIX THE COMPENSATION OF  PERSONS  SO  EMPLOYED,  EITHER  AT
 ANNUAL OR PER DIEM RATES IN THE MANNER PROVIDED FOR IN THIS SUBDIVISION.
 EMPLOYMENTS  PROVIDED  FOR  IN  THIS SECTION SHALL NOT BE SUBJECT TO THE
 PROVISIONS OF SECTION TWO HUNDRED TWELVE OF THE  RETIREMENT  AND  SOCIAL
 SECURITY  LAW.    THE  COMPENSATION  FOR  PERSONS  EMPLOYED  BY A SCHOOL
 DISTRICT UNDER THIS SECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN  THE
 AMOUNT  OF  HIS OR HER PENSION (EXCLUDING THE AMOUNT OF ANY SUPPLEMENTA
 TION THERETO) AND THE AMOUNT OF HIS OR HER FINAL SALARY  AS  DEFINED  BY
 SECTION TWO HUNDRED TEN OF THE RETIREMENT AND SOCIAL SECURITY LAW.
 

S  2.  Subdivision 1 of section 209-v of the general municipal law, as
 amended by chapter 843 of the laws  of  1980,  is  amended  to  read  as
 follows:

 1.    Notwithstanding  any  general,  local  or special law or charter
 provision, the governing board of any political subdivision may  author
 ize  any  police or law enforcement agency of such political subdivision
 to employ retired former members of police or sheriff's departments,  or
 the  division  of  state police, or retired former correction, parole or
 probation officers for the purpose of  providing    special  [patrolmen]
 SECURITY  OFFICERS  in  publicly  owned  property  within such political
 subdivision[, including property of a  school  district,]  in  order  to
 protect the property or persons on such premises.
 

S 3.

Section 2.10 of the criminal procedure law is amended by adding a
 new subdivision 83 to read as follows:

 83.  SPECIAL  SECURITY OFFICERS EMPLOYED BY A SCHOOL DISTRICT PURSUANT
 TO SECTION TWO HUNDRED NINE-VV OF THE GENERAL MUNICIPAL LAW, WHEN ACTING
 PURSUANT TO THEIR DUTIES AS SUCH, AND SUCH AUTHORITY  BEING  LIMITED  TO
 THE SCHOOL GROUNDS, AS DEFINED IN PARAGRAPH A OF SUBDIVISION FOURTEEN OF
 SECTION  220.00 OF THE PENAL LAW, TO WHICH THEY ARE ASSIGNED AND LIMITED
 TO THE HOURS OF THEIR EMPLOYMENT DURING WHICH CLASSES ARE IN SESSION AND
 DURING WHICH A SCHOOL SPONSORED EXTRACURRICULAR ACTIVITY IS OCCURRING ON
 SUCH SCHOOL GROUNDS; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION
 SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS,  REPAIR  OR
 DISPOSE  OF  A  FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN
 ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW. NO SPECIAL  SECURITY
 OFFICER MAY CARRY A FIREARM DURING THE HOURS OF HIS OR HER EMPLOYMENT.
 

S 4. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!