This bill has been amended

Bill S106-2013

Lifts mandatory hiring and retirement ages for state and municipal police

Lifts mandatory hiring and retirement ages for state and municipal police.

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  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Jan 9, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S106

TITLE OF BILL: An act to amend the civil service law and the executive law, in relation to lifting mandatory hiring and retirement ages for state and municipal police

PURPOSE: To remove mandatory hiring and retirement ages for state and municipal police.

SUMMARY OF PROVISIONS: Section 1: Amends section 58 of the civil service law to remove the maximum hiring age of 35 for municipal law enforcement officers.

Section 2: Amends section 215 of the executive law to remove the maximum hiring age of 29 for state police, while keeping the minimum age of 21 intact.

Section 3: Effective date.

EXISTING LAW: Current law sets a maximum hiring age of 35 for municipal police officers, and 29 for state police officers.

JUSTIFICATION: New York is one of the only states to impose a hiring age limit on its law enforcement officers. This statewide law, however, is not grounded in empirical or scientific information. In effect, the current law does little more than exclude qualified candidates based on one and only one factor.

In a 1993 Pennsylvania State University study, (Alternatives to Chronological Age in Determining Standards of Suitability for Public Safety Jobs) researchers found no correlation between age and physical ability. Instead, they discovered that lifestyle variables, such as exercise and diet, are much more relevant for determining a law enforcement officer's ability to perform his or her work effectively. Because the 1986 Age Discrimination in Employment Act designated hiring discrimination based on age as a violation of equal opportunity practices, but exemptions for several categories of employment, including law enforcement, researchers recommended allowing these provisions to sunset on schedule.

As a result, New York did not have a maximum hiring age between 1994 and 1999.

A hiring age limit today does little more than shrink the pool of eligible candidates to join New York's law enforcement ranks. Current medical advances and longer life expectancy make age alone a poor indicator of a candidate's ability to effectively serve in a law enforcement capacity.

A repeal of this cap would help bring in the best talent available, and give police departments the widest leverage in picking the most qualified individuals. This bill would also not alter any of the other physical or psychological requirements law enforcement candidates must satisfy, ensuring that New York's police are prepared for the job before them.

This bill also addresses another discrepancy in law enforcement hiring Practices. Currently, neither Niagara Frontier Transportation Authority officers nor part-time police must satisfy a maximum age limit. consequently, this bill would treat all of New York's law enforcement officers equally.

LEGISLATIVE HISTORY: 2011/2012: S.5386/A.3587 Referred to Civil Service and Pensions 2009/2010: A.10940

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the 180th day after becoming law.


Text

STATE OF NEW YORK ________________________________________________________________________ 106 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law and the executive law, in relation to lifting mandatory hiring and retirement ages for state and munici- pal police THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 58 of the civil service law, as amended by chapter 346 of the laws of 2008, is amended to read as follows: (a) he or she is not less than twenty years of age as of the date of appointment [nor more than thirty-five years of age as of the date when the applicant takes the written examination, provided that the maximum age requirement of thirty-five years of age as set forth in this para- graph shall not apply to eligible lists finalized pursuant to an exam- ination administered prior to May thirty-first, nineteen hundred nine- ty-nine, provided, however, that: (i) time spent on military duty or on terminal leave, not exceeding a total of six years, shall be subtracted from the age of any applicant who has passed his or her thirty-fifth birthday as provided in subdivi- sion ten-a of section two hundred forty-three of the military law; (ii) such maximum age requirement of thirty-five years shall not apply to any police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, who was continuously employed by the Buffalo municipal housing authority between January first, two thousand five and June thirtieth, two thousand five and who takes the next writ- ten exam offered after the effective date of this subparagraph by the city of Buffalo civil service commission for employment as a police officer in the city of Buffalo police department, or June thirtieth, two thousand six, whichever is later; and
(iii) such maximum age requirement of thirty-five years shall not apply to any police officer of any county, town, city or village police force not otherwise provided for in this section if the eligible list has been exhausted and there are no other eligible candidates; provided, however, the police officer themselves are on the eligible list of such county, town, city or village and meet all other requirements of merit and fitness set forth by this chapter and do not exceed the maximum age of thirty-nine]
; S 2. 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 twenty-nine years except that in the superintendent's discretion, the maximum 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 twenty-ninth birthday, solely for the purpose of permitting qualifica- tion as to age and for no other purpose. Such limitations as to age however shall not apply to persons appointed to the positions of coun- sel, first assistant counsel, assistant counsel, and assistant deputy superintendent 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] NOT LESS THAN TWEN- TY-ONE YEARS OF AGE AS OF THE DATE OF APPOINTMENT, OR 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 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 peri- od 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 obli- gations 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. 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 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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