Relates to the appointment and reporting duties of the superintendent of the state police and to the appointment of employees of the state police.
TITLE OF BILL: An act to amend the executive law, in relation to the appointment and reporting duties of the superintendent of the state police and the appointment of employees of the state police
PURPOSE OR GENERAL IDEA OF BILL: Under this legislation, the Superintendent shall he appointed by the Governor, with the advice and consent of the Senate, to a single seven year term. The First Deputy Superintendent shall likewise be subject to Senate confirmation, but be shall serve at the discretion of the Superintendent. The Legislature shall have the authority to remove the Superintendent from his or her position through a majority vote in both houses. The Governor's powers to remove public officers under the Public Officers Law have been notwithstood in relation to the removal of the Superintendent. The Superintendent shall also be removed from office in accordance to sections (e), (f) and (g) of the Public Officers Law.
In the event the Superintendent resigns or is no longer able to perform his or her duties before the end of the seven-year term, the First Deputy Superintendent shall become Superintendent. If the Governor does not appoint a new Superintendent within 45 days of the Superintendent leaving his or her position, the First Deputy Superintendent shall assume the position for the remainder of the previous Superintendent's term. After completing the remainder of the previous superintendent's term, the First Deputy Superintendent shall be eligible to serve another term in his or her own right.
Further, the responsibilities of the Superintendent are expanded to include the submission of annual reports to the Legislature detailing the inter- and intra-governmental activities of the State police in the most recent fiscal year. The Superintendent shall not be required to include in the report information that is privileged or confidential. The reports shall include:
* Information detailing any special requests from the Executive and the Legislature for services of the State police beyond traditional services provided by the State police;
* Any additional information provided by the State police to the Governor, his or her staff and the Legislature beyond the traditional reporting requirements of the State police and for what purposes, which would be provided at the discretion of the Superintendent;
* Any special disciplinary actions taken by the Superintendent regarding inter or intra governmental affairs involving State Police personnel based upon special requests made to the State Police by the Executive, the Legislature and the any other public or quasi public entity;
* Requests for information of any kind other than the traditional information provided by the State Police from any Executive branch, Legislative branch, public authority or local government entities;
* The report shall include a certification signed by both the superintendent and the Administrator of the state police Executive Service unit attesting that the information provided is true to the best of his or her knowledge. If such certification is found to be false, untrue or fraudulent, the superintendent may be subject to removal by the Legislature.
The Senate Majority Leader and Assembly speaker shall call for the superintendent to testify every two years to review the personnel and administrative activities of the State police along with future plans and initiatives of the agency. The bill would also require a two year rotation of every civilian and sworn officer assigned to the state police Executive Service Unit or any State police unit involved in security and/or protection of elected and/or public officials.
JUSTIFICATION: A string of recent scandals involving the superintendent of the State police and elected state officials has exposed how this law enforcement agency is prone to dangerous levels of political influence. Such meddling between politics and policing, whether perceived or actual, undermines public confidence. Therefore it is imperative steps are taken to shield the State police from political influences and to ensure it is not swayed by them.
To achieve these goals, this legislation would make the appointment of the superintendent of the State police similar to that of the Director of the Federal Bureau of Investigations, as outlined in the U.s. Omnibus Crime Control and Safe Streets Act of 1968 and the Crime Control Act of 1976. Under this legislation, the superintendent would no longer serve at the will of the Governor and instead be tenured to a single seven year term; thus limiting lawmakers' ability to intimidate the Superintendent into engaging in activities that violate the rules of conduct for the State police.
To ensure the State police has not acted in response to or for the sake of political motives, the Superintendent shall be required to brief the Legislature on the inter- and intra-governmental activities of the agency in annual reports and at biennial hearings.
PRIOR LEGISLATIVE HISTORY: 2010: S.7104-C/A.10299-C
FISCAL IMPACTS: None. The existing staff will be expected to compile the annual reports required by this bill.
EFFECTIVE DATE: January 1, 2012
STATE OF NEW YORK ________________________________________________________________________ 400 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. KRUEGER, ADAMS, BRESLIN, DILAN, HASSELL-THOMPSON, KLEIN, PARKER, SERRANO, SQUADRON, STAVISKY, VALESKY -- 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 the appointment and reporting duties of the superintendent of the state police and the appointment of employees of the state police THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 210 of the executive law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: S 210. Division of state police. (A) The division of state police in the executive department shall be known as the "New York State Police." (B) (1) The head of the New York state police shall be the superinten- dent of state police who shall be appointed by the governor by and with the advice and consent of the senate, and hold office during his or her pleasure. The superintendent shall be a member of the state police, shall receive as salary such sum as may be appropriated by law, and shall accrue such leave credits and be eligible for the same retirement benefits, service credits and other benefits as any other member of the state police. If, prior to appointment, the superintendent served as a member of the state police, he or she, upon appointment, shall be enti- tled to continue to accrue and receive such credits and benefits as he or she would have been entitled to accrue and receive prior to appoint- ment. (2) If, prior to his or her appointment, the superintendent shall have served as a member of the State Police for a period of ten years or more, he or she shall, provided he or she is not eligible for retire- ment, upon termination of service as superintendent, be reappointed, without examination, as a member of the state police in the grade heldEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00835-01-1 S. 400 2
by him or her prior to appointment as superintendent, notwithstanding the absence of any vacancy in such grade. For the purpose of determin- ing the annual salary to be paid upon such reappointment, the period of service as superintendent shall be counted as service in the grade to which reappointed. (3) TRADITIONAL SERVICES MEANS AS FOLLOWS: TO PROTECT PEOPLE AND PROP- ERTY; TO PREVENT AND DETECT CRIME AND OTHER VIOLATIONS OF LAW AND PURSUE CRIMINAL INVESTIGATIONS AND ARREST CRIMINALS; TO MAKE ROADS SAFE FOR ALL USERS; TO REDUCE THE DEATHS, INJURIES AND PROPERTY DAMAGE CAUSED BY MOTOR VEHICLE ACCIDENTS THROUGH VEHICLE AND TRAFFIC ENFORCEMENT AND EDUCATION; TO PROVIDE DISORDER CONTROL AND SECURITY IN ALL TYPES OF NATURAL AND MAN-MADE EMERGENCIES; TO PROVIDE FOR THE SAFETY AND SECURITY OF INDIVIDUALS AND GROUPS OF CITIZENS IN FURTHERANCE OF THEIR RIGHTS, DUTIES AND RESPONSIBILITIES; AND TO SUPPORT OTHERS BY CREATING PARTNER- SHIPS FOR SAFETY AND SECURITY WITH INDIVIDUALS, GROUPS AND COMMUNITIES THROUGHOUT THE STATE. (4) EFFECTIVE WITH RESPECT TO ANY INDIVIDUAL APPOINTMENT BY THE GOVER- NOR, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, THE TERM OF SERVICE OF THE SUPERINTENDENT OF THE STATE POLICE SHALL BE SEVEN YEARS. A SUPERINTENDENT MAY NOT SERVE MORE THAN ONE SEVEN-YEAR TERM. THE APPOINTMENT OF THE FIRST DEPUTY SUPERINTENDENT SHALL ALSO BE SUBJECT TO SENATE CONFIRMATION. (5) NOTWITHSTANDING SECTIONS THIRTY-THREE AND THIRTY-THREE-A OF THE PUBLIC OFFICERS LAW, A SUPERINTENDENT SHALL BE REMOVED FROM OFFICE FOR FAILURE TO FULFILL HIS OR HER DUTIES ONLY BY A MAJORITY VOTE OF EACH HOUSE OF THE LEGISLATURE OR IN ACCORDANCE WITH THE PROVISIONS OF SUBDI- VISIONS E, F OR G OF SECTION THIRTY OF THE PUBLIC OFFICERS LAW. (6) IN THE EVENT THE SUPERINTENDENT RESIGNS FROM OFFICE, IS REMOVED FROM OFFICE OR IS INCAPABLE OF CONTINUING IN OFFICE DUE TO PHYSICAL ILLNESS, MENTAL ILLNESS OR DEATH THE FIRST DEPUTY SUPERINTENDENT SHALL ASSUME THE SUPERINTENDENT POSITION. IF AFTER FORTY-FIVE DAYS THE GOVER- NOR HAS NOT APPOINTED A NEW SUPERINTENDENT TO A FULL TERM, THE FIRST DEPUTY SUPERINTENDENT SHALL COMPLETE THE REMAINDER OF THE PREVIOUS SUPERINTENDENT'S TERM. UPON ASSUMPTION OF THE DUTIES OF SUPERINTENDENT, THE FIRST DEPUTY SUPERINTENDENT SHALL BE SUBJECT TO ALL REQUIREMENTS AND PROVISIONS ASSOCIATED WITH THE SUPERINTENDENT'S POSITION. IF THE FIRST DEPUTY SUPERINTENDENT COMPLETES THE TERM OF A PREVIOUSLY APPOINTED SUPERINTENDENT, THE FIRST DEPUTY IS ELIGIBLE FOR APPOINTMENT TO A FULL TERM AS SUPERINTENDENT IN HIS OR HER OWN RIGHT. ALL OTHER POTENTIAL REPLACEMENTS WITHIN THE RANKS OF THE STATE POLICE OR FROM OUTSIDE ITS RANKS FOR SUPERINTENDENT, IN THE EVENT THE FIRST DEPUTY IS UNABLE TO COMPLETE THE PREVIOUS SUPERINTENDENT'S POSITION, SHALL HAVE THE SAME RIGHTS AND ELIGIBILITIES AS THE FIRST DEPUTY SUPERINTENDENT AND SHALL BE SUBJECT TO ALL THE REQUIREMENTS AND PROVISIONS ASSOCIATED WITH THE SUPERINTENDENT. S 2. The executive law is amended by adding a new section 210-a to read as follows: S 210-A. SUPERINTENDENT'S ANNUAL REPORTS AND BIENNIAL TESTIMONY. (A) THE SUPERINTENDENT SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY NO LATER THAN SEPTEMBER FIRST OF EACH YEAR. (1) SUCH REPORT SHALL CONTAIN THE FOLLOWING INFORMATION: (A) A DETAILED DESCRIPTION OF ANY SPECIAL REQUESTS MADE BY OR ON BEHALF OF THE GOVERNOR OR ANY MEMBER OF THE LEGISLATURE FOR SERVICES OFS. 400 3
THE STATE POLICE BEYOND TRADITIONAL SERVICES PROVIDED BY THE STATE POLICE; (B) A DETAILED DESCRIPTION OF ANY INFORMATION, UNLESS IT IS PRIVILEGED OR REQUIRES CONFIDENTIALITY, PROVIDED BY THE STATE POLICE TO THE GOVER- NOR, AND/OR HIS OR HER STAFF, AND/OR TO ANY MEMBER OF THE LEGISLATURE, AND/OR HIS OR HER STAFF, BEYOND THE GENERAL PROGRAMMATIC AND BUDGETARY REPORTING REQUIREMENTS OF THE STATE POLICE AND A DESCRIPTION OF THE PURPOSE FOR WHICH SUCH INFORMATION WAS PROVIDED; (C) A DESCRIPTION OF ANY SPECIAL DISCIPLINARY ACTIONS TAKEN BY THE SUPERINTENDENT REGARDING INTER- OR INTRA-GOVERNMENTAL AFFAIRS INVOLVING STATE POLICE PERSONNEL, BASED UPON SPECIAL REQUESTS MADE TO THE STATE POLICE BY OR ON BEHALF OF THE GOVERNOR, ANY MEMBER OF THE LEGISLATURE AND/OR ANY OTHER PUBLIC OR QUASI-PUBLIC ENTITY; AND (D) A DESCRIPTION OF EACH REQUEST MADE BY OR ON BEHALF OF THE GOVERNOR AND/OR ANY MEMBER OF THE LEGISLATURE FOR INFORMATION OF ANY KIND OTHER THAN THE GENERAL INFORMATION PROVIDED BY THE STATE POLICE TO THE EXECU- TIVE BRANCH, THE LEGISLATIVE BRANCH, PUBLIC AUTHORITIES OR LOCAL GOVERN- MENT ENTITIES. (2) THE SUPERINTENDENT SHALL INCLUDE A SIGNED CERTIFICATION WITH THE REPORT THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF HIS OR HER KNOWLEDGE. IF SUCH CERTIFICATION IS FOUND TO BE FALSE, THE SUPERINTEN- DENT MAY BE SUBJECT TO REMOVAL BY THE LEGISLATURE. (B) EVERY TWO YEARS, COMMENCING IN TWO THOUSAND TWELVE, THE SUPER- INTENDENT SHALL ATTEND A PROCEEDING TO TESTIFY BEFORE THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE SENATE INVESTI- GATIONS AND GOVERNMENT OPERATIONS COMMITTEE AND THE ASSEMBLY OVERSIGHT, ANALYSIS AND INVESTIGATION COMMITTEE TO REVIEW THE PERSONNEL AND ADMIN- ISTRATIVE ACTIVITIES OF THE STATE POLICE AND THE FUTURE PLANS AND INITI- ATIVE OF THE STATE POLICE. SUCH PROCEEDING SHALL BE CONDUCTED JOINTLY AT THE DIRECTION OF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND SHALL TAKE PLACE NO LATER THAN NOVEMBER FIRST OF EVERY OTHER YEAR DURING WHICH THE PROCEEDING IS CONDUCTED. (C) THE REPORTING REQUIREMENTS DESCRIBED IN THIS SECTION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER REPORTING REQUIREMENTS PROVIDED BY LAW. S 3. Section 211 of the executive law, as amended by chapter 331 of the laws of 1993, is amended to read as follows: S 211. Employees. (A) The superintendent may appoint such employees as may be necessary and fix their compensation within such sum as may be appropriated by law. Persons appointed to competitive positions within the division who meet the definition of veteran or disabled veteran as defined in section eighty-five of the civil service law shall be enti- tled to additional credit and preference as conferred by that law and in the same manner, except that, notwithstanding any law to the contrary, with respect to any candidate applying for credit in a competitive exam- ination for original appointment as a disabled or non-disabled veteran, such candidate may apply provisionally for such credit while still an active member of the armed forces. The application for provisional cred- it may be made at any time between the date of his or her application for the competitive examination and the date the eligible list is estab- lished. In cases where there has been a provisional application, the superintendent shall grant final credit only if the candidate renews his or her application within ninety days following termination of the candidate's military duty, and the candidate's period of eligibility on the list has not expired, and the candidate satisfies the appropriate statutory requirements for eligibility. Pending the granting of finalS. 400 4
credit, the candidate's ranking on any eligible list shall reflect the provisional credit. (B) ANY EMPLOYEE APPOINTED TO THE EXECUTIVE SERVICES UNIT OR ANY OTHER UNIT ASSOCIATED WITH SECURITY AND/OR PROTECTING OTHER ELECTED AND/OR PUBLIC OFFICIALS SHALL HOLD SUCH APPOINTMENT FOR NO MORE THAN TWO YEARS AFTER WHICH PERIOD, THE EMPLOYEE SHALL BE REAPPOINTED TO THE POSITION HE OR SHE HELD PRIOR TO THE APPOINTMENT TO THE EXECUTIVE SERVICES UNIT OR ANY OTHER UNIT ASSOCIATED WITH SECURITY AND/OR PROTECTING OTHER ELECTED AND/OR PUBLIC OFFICIALS OR TO SUCH OTHER POSITION AND DUTIES AS ARE DETERMINED BY THE SUPERINTENDENT. S 4. This act shall take effect January 1, 2012.