Grants those assigned or employed as investigators and senior investigators in the bureau of criminal investigation or as a station commander, zone commander, zone sergeant, first sergeant, captain or major within the division of state police protection from removal or other disciplinary action except for removal or other disciplinary action which is founded on the incompetency or misconduct of such employee.
Ayes (19): Kruger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Padavan, Leibell, Maziarz
Ayes W/R (12): Krueger, Peralta, DeFrancisco, Volker, LaValle, Saland, Farley, Hannon, Larkin, Nozzolio, Marcellino, Robach
Nays (2): Johnson O, Seward
BILL NUMBER: S4801
TITLE OF BILL : An act to amend the executive law, in relation to longevity in title for investigative employees of the division of state police
PURPOSE OR GENERAL IDEA OF BILL : The purpose of this legislation is to grant longevity in title to BCI investigators within the Division of State Police.
SUMMARY OF SPECIFIC PROVISIONS : This bill would provide that investigators within the Division of State Police who completed three continuous years or more shall not be demoted without a hearing.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : Existing Law does not provide this safeguard for the position of Investigator or Senior Investigator.
JUSTIFICATION : There are currently more than 900 State troopers of the Division of State Police holding rank of Investigator or Senior Investigator. These members are the State Police's detectives, assigned to the Bureau of Criminal Investigation (BCI), who work in plain clothes in various criminal investigation capacities. The positions of Investigator and Senior Investigator are non-competitive, with appointment being made by the Superintendent of State Police on the basis of merit, but without competitive examination.
This legislation would simply extend to the State Police detective force the same longevity in title provisions now applying to other police departments within New York state; namely that after three continuous years of service in such positions, they may only be removed in accordance with the protection afforded by Section 75 of the Civil Service Law. This measure would prevent demotion, while permitting reduction in rank if based upon reasons of economy, consolidation or abolition of functions.
Promotion to the BCI should afford the same protection of rights that is enjoyed by detectives in other New York police departments. The BCI constitutes a large portion of the Division's membership and it is only appropriate to confer longevity in title upon members who have over three or more years of service.
PRIOR LEGISLATIVE HISTORY : 1996: S.7523/A.10655 - New Legislation - passed Assembly 1997: S.1947/A.10665 - passed Assembly 1997: S.1947/A.10665 - passed Assembly 1999 Session: Vetoed by Governor (VM 24) 2000 Session: S.6540/A.9532 - passed Assembly 2001 Session: S.4417/A.8438 - passed Assembly 2002 Session: S.4417/A.10296 - passed Assembly 2003 Session: S.3887/A.4357 - passed Assembly 2004 Session: vetoed by Governor (VM 233) 2005 Session: not introduced 2006 Session: S.6533/A9801 - passed Senate 2007 Session: vetoed by the Governor (VM 26) 2008: S.6831/A.9961 - Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.
EFFECTIVE DATE : Immediately
STATE OF NEW YORK ________________________________________________________________________ 4801 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sen. SAVINO -- 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 longevity in title for investigative employees of the division of state police THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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. MEMBERS WHO HAVE BEEN ASSIGNED OR APPOINTED AS INVESTIGATORS OR SENIOR INVESTIGATORS IN THE BUREAU OF CRIMINAL INVESTIGATION OR AS A STATION COMMANDER, ZONE COMMANDER, ZONE SERGEANT, FIRST SERGEANT, CAPTAIN OR MAJOR FOR A PERIOD OF THREE CONTIN- UOUS YEARS OR MORE MAY BE REMOVED OR DEMOTED FROM SUCH ASSIGNMENT OR APPOINTMENT ONLY AFTER A HEARING, THE PROCEDURE OF WHICH SHALL BE IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE SUPERINTENDENT OF STATE POLICE; PROVIDED, HOWEVER, THAT A HEARING SHALL NOT BE REQUIRED WHEN REDUCTION IN RANK FROM SUCH POSITION IS BASED SOLELY ON REASONS OF THE ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIV- ITIES OR OTHERWISE. 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 qualification as to age and for no other purpose. Such limitations as to age however shall notEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10434-01-9 S. 4801 2
apply to persons appointed to the positions of counsel, 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 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 super- intendent. Appointments shall be made for a probationary period which, in the case of appointees required to attend and complete a basic train- ing 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 proba- tionary period of one year from the date of appointment. Following satisfactory completion of the probationary period 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 obligations 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 2. This act shall take effect immediately.