Grants those assigned or employed for three continuous years as investigators and senior investigators in the bureau of criminal investigation or as a station commander, corporal, zone commander, zone sergeant, first sergeant, staff sergeant, captain or major within the division of state police protection from removal or other disciplinary action without a hearing.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Diaz, Johnson
Ayes (28): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, Little, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Duane, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Stavisky, Stewart-Cousins
Ayes W/R (6): LaValle, Krueger, Dilan, Gianaris, Rivera, Squadron
Excused (1): Marcellino
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 Commander, 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, consolidation 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.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6544 IN 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 theEXPLANATION--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.