BILL NUMBER:S1584

TITLE OF BILL:
An act
to amend the civil service law, in relation to the hiring of police
officers in the department of environmental conservation

PURPOSE:
This legislation adds DEC police officers and Forrest Ranger to the
list of police officers subject to certain basic requirements,
including the requirement of good moral character.

SUMMARY OF SPECIFIC PROVISIONS:
Civil Service law Section 58 is amended to add police office to the
definition of police officer and to make confirming amendments.

EXISTING LAW:

CSL 58 sets forth the requirements for provisional or permanent
appointment for certain police officers. These requirements include
age, height, weight, physical fitness, and educational requirements,
as well as the requirement that the person be of good moral
character, The current definition of police officer does not contain
EnCon Police Officer, or Forrest Ranger.

JUSTIFICATION:
              

Under the present status and interpretation of the Civil Service law,
DEC has no effective way to eliminate certain undesirable candidates
for applying for the position of ECO of Forrest Ranger from the
hiring eligibility list. Currently DEC may disqualify a candidate
only if there is a material misrepresentation on the actual
application form. The current law does not allow DEC to eliminate
candidates that have lied or mislead interviewers during the course
of their extensive character and fitness background investigations
and/or those candidates that openly revel prior criminal records or
fail to disclose the same. The right to eliminate candidates from
hiring eligibility lists is currently exercised by most other state
and local police forces in New York pursuant to the eligibility
provisions stated in Section 58. This paragraph allows for
eligibility to be judged based on a candidates' "good moral
character." There is extensive case law available to define "good
moral character" and provide guidance (and reasonable limits) to the
hiring police agency. Under the present law, DEC is forced to
maintain eligibility lists and expand costs to serve candidates that
have openly admitted lying or having otherwise made misleading
statements in the application process. The extensive background checks
conducted in the hiring process also may reveal facts and
circumstances in candidates'
backgrounds which were previously unknown to DEC. Some candidates
which DEC must maintain on its eligibility lists have been eliminated
from the eligibility lists of other police agencies in the state as

unfit regarding moral character. These incidents reflect on-the lack
of veracity and/or unsuitability of such candidates for police work.
This legislation would allow for the lawful elimination of these
candidates from DEC's eligibility lists much earlier in the hiring
process, thereby allowing for the more efficient use of DEC resources
as well as improving the overall professionalism of DEC Officers.
This change would also place DEC police officers hiring process on
par with those new used by other police agencies in the state.

PRIOR LEGISLATIVE HISTORY:
Similar bills 5.4311 of 2006.
S. 5113 of 2011-12; referred to Civil Service and Pensions.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.