Bill S1584-2011

Creates a facilitator center for private and parochial schools

Creates a facilitator center for private and parochial schools.

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  • Jan 4, 2012: REFERRED TO EDUCATION
  • Jan 10, 2011: REFERRED TO EDUCATION

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1584 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to establishment of a facilitator center for private and parochial schools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 115 to read as follows: S 115. FACILITATOR CENTER FOR PRIVATE AND PAROCHIAL SCHOOLS. 1. THERE IS HEREBY ESTABLISHED THE FACILITATOR CENTER FOR PRIVATE AND PAROCHIAL SCHOOLS TO SUPPORT THE ACTIVITIES OF INDEPENDENT AND RELIGIOUS SCHOOLS IN THE STATE; TO PROMOTE, FOSTER, AND ENCOURAGE ACADEMIC EXCELLENCE AND SCHOLASTIC ACHIEVEMENT IN SUCH SCHOOLS; TO RECEIVE ALLOCATIONS OF AID FROM THE FEDERAL, STATE AND LOCAL GOVERNMENTS AND SUBDIVISIONS THEREOF; TO ADMINISTER AND EXPEND SUCH ALLOCATIONS ON BEHALF OF SUCH SCHOOLS IN ACCORDANCE WITH THE LAWS, RULES AND/OR REGULATIONS GOVERNING SUCH ALLO- CATIONS. 2. THE COMMISSIONER SHALL, UPON THE REQUEST OF ONE OR MORE PRIVATE AND PAROCHIAL SCHOOLS, REALLOCATE TO THE FACILITATOR CENTER SUCH FEDERAL, STATE OR LOCAL EDUCATION FUNDS AS HAVE BEEN IDENTIFIED BY SUCH SCHOOL OR SCHOOLS IN ORDER THAT SUCH FUNDS BE ADMINISTERED BY THE FACILITATOR CENTER. THE ADMINISTRATIVE CHARGES OF THE FACILITATOR CENTER, WHICH SHALL BE DEDUCTED FROM SUCH FEDERAL, STATE AND/OR LOCAL EDUCATION FUNDS, SHALL BE ESTABLISHED AND ADJUSTED ACCORDING TO A MEMORANDUM OF AGREEMENT BETWEEN THE COMMISSIONER, THE CHIEF EXECUTIVE OFFICER OF THE FACILITATOR CENTER AND A REPRESENTATIVE OF SUCH SCHOOL OR SCHOOLS. 3. THE COMMISSIONER SHALL PROMULGATE ANY RULE OR REGULATION NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect immediately.

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