S6544-2011 Actions

• Oct 3, 2012: VETOED MEMO.168
• Sep 21, 2012: DELIVERED TO GOVERNOR
• Jun 6, 2012: returned to senate
• Jun 6, 2012: passed assembly
• Jun 6, 2012: ordered to third reading cal.436
• Jun 6, 2012: substituted for a9431
• May 30, 2012: referred to codes
• May 30, 2012: DELIVERED TO ASSEMBLY
• May 30, 2012: PASSED SENATE
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.806
• Feb 24, 2012: REFERRED TO FINANCE

S6544-2011 Meetings

S6544-2011 Calendars

S6544-2011 Votes

S6544-2011 Memo

BILL NUMBER:S6544

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:
The purpose of this legislation is to grant longevity in title to
members of the Bureau of Criminal Investigation (BCI) holding the ranks
of Investigator and Senior Investigator and those members of the Uniform
Force holding the ranks of Station Commander, Zone Commander, Corporal,
Zone Sergeant, First Sergeant, Staff Sergeant, Captain or Major.

SUMMARY OF PROVISIONS:
This bill would provide that members of the Division of State Police who
hold the above listed appointed ranks and who have completed three (3)
continuous years or more of service in that rank shall not be demoted
without a hearing.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would provide that members of the Division of State Police who
hold the above listed appointed ranks and who have completed three (3)
continuous years or more of service in that rank shall not be demoted
without a hearing.

JUSTIFICATION:
There are currently more than 1,200 members of the New York State Police
holding the ranks of Investigator, Senior Investigator, Station Comman-
der, Zone Commander, Zone Sergeant, Corporal, First Sergeant, Staff
Sergeant, Captain or Major. These positions 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
and certain uniform force ranks 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, consol-
idation or abolition of functions.

Promotion to the Bureau of Criminal Investigation and to those appointed
ranks in the Uniform Force should afford the same protection of rights
that is enjoyed by police officers in other New York police departments.
By having a fair process for demotion from these ranks that is based on
just cause and due process, protects those members from the arbitrary
and inconsistent application of discipline and insures the integrity of
the agency. That process does not exist now.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6544-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6544
 I N  SENATE
 February 24, 2012
 
 Introduced  by Sen. GALLIVAN -- 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, CORPORAL, ZONE COMMAN
 DER, ZONE SERGEANT, FIRST SERGEANT, STAFF SERGEANT, CAPTAIN OR MAJOR FOR
 A  PERIOD  OF  THREE  CONTINUOUS 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 SUPER
 INTENDENT 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 ACTIVITIES 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  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09546-02-2
 
       S. 6544                             2
 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 regu
 lations of the superintendent. Appointments shall be made for  a  proba
 tionary  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 2. This act shall take effect immediately.

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