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.

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S96-2013 Actions

• Apr 29, 2013: ADVANCED TO THIRD READING
• Apr 24, 2013: 2ND REPORT CAL.
• Apr 23, 2013: 1ST REPORT CAL.408
• Jan 9, 2013: REFERRED TO FINANCE

S96-2013 Meetings

Finance: Apr 23, 2013

S96-2013 Calendars

Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013 , Floor Calendar: May 29, 2013

S96-2013 Votes

S96-2013 Memo

BILL NUMBER:S96

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.

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, hut 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.

LEGISLATIVE HISTORY:
2011-12 S.6544/A.9431 Vetoed by Governor (VM168)

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

S96-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     96

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01967-01-3

 S. 96                               2

  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
  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.