Bill Text: NY S03938 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the appointment and reporting duties of the superintendent of the state police and to the appointment of employees of the state police.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-02-21 - REFERRED TO FINANCE [S03938 Detail]

Download: New_York-2019-S03938-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3938
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced  by  Sens.  KRUEGER,  BAILEY,  BRESLIN, LIU, PARKER, SERRANO,
          STAVISKY -- 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:
     1    Section 1. Section 210 of the executive law, as amended by chapter 169
     2  of the laws of 1994, is amended to read as follows:
     3    § 210. Division of state police. (a) The division of state  police  in
     4  the executive department shall be known as the "New York State Police."
     5    (b) (1) The head of the New York state police shall be the superinten-
     6  dent  of state police who shall be appointed by the governor by and with
     7  the advice and consent of the senate, and hold office during his or  her
     8  pleasure.  The  superintendent  shall  be  a member of the state police,
     9  shall receive as salary such sum as may  be  appropriated  by  law,  and
    10  shall  accrue such leave credits and be eligible for the same retirement
    11  benefits, service credits and other benefits as any other member of  the
    12  state  police.  If, prior to appointment, the superintendent served as a
    13  member of the state police, he or she, upon appointment, shall be  enti-
    14  tled  to  continue to accrue and receive such credits and benefits as he
    15  or she would have been entitled to accrue and receive prior to  appoint-
    16  ment.
    17    (2) If, prior to his or her appointment, the superintendent shall have
    18  served  as  a  member  of  the State Police for a period of ten years or
    19  more, he or she shall, provided he or she is not  eligible  for  retire-
    20  ment,  upon  termination  of  service as superintendent, be reappointed,
    21  without examination, as a member of the state police in the  grade  held
    22  by  him  or  her prior to appointment as superintendent, notwithstanding
    23  the absence of any vacancy in such grade.  For the purpose of  determin-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08617-01-9

        S. 3938                             2
     1  ing  the annual salary to be paid upon such reappointment, the period of
     2  service as superintendent shall be counted as service in  the  grade  to
     3  which reappointed.
     4    (3) Traditional services means as follows: to protect people and prop-
     5  erty; to prevent and detect crime and other violations of law and pursue
     6  criminal investigations and arrest criminals; to make roads safe for all
     7  users;  to  reduce  the  deaths,  injuries and property damage caused by
     8  motor vehicle accidents through  vehicle  and  traffic  enforcement  and
     9  education;  to  provide  disorder  control  and security in all types of
    10  natural and man-made emergencies; to provide for the safety and security
    11  of individuals and groups of citizens in furtherance  of  their  rights,
    12  duties  and responsibilities; and to support others by creating partner-
    13  ships for safety and security with individuals, groups  and  communities
    14  throughout the state.
    15    (4) Effective with respect to any individual appointment by the gover-
    16  nor,  by  and  with  the advice and consent of the senate, after January
    17  first, two thousand nineteen, the term of service of the  superintendent
    18  of the state police shall be seven years. A superintendent may not serve
    19  more  than  one  seven-year  term.   The appointment of the first deputy
    20  superintendent shall also be subject to senate confirmation.
    21    (5) Notwithstanding sections thirty-three and  thirty-three-a  of  the
    22  public  officers  law, a superintendent shall be removed from office for
    23  failure to fulfill his or her duties only by a  majority  vote  of  each
    24  house  of  the legislature or in accordance with the provisions of para-
    25  graphs e, f or g of subdivision one of  section  thirty  of  the  public
    26  officers law.
    27    (6)  In  the  event the superintendent resigns from office, is removed
    28  from office or is incapable of continuing  in  office  due  to  physical
    29  illness,  mental  illness or death the first deputy superintendent shall
    30  assume the superintendent position.  If after forty-five days the gover-
    31  nor has not appointed a new superintendent to a  full  term,  the  first
    32  deputy  superintendent  shall  complete  the  remainder  of the previous
    33  superintendent's term.  Upon assumption of the duties of superintendent,
    34  the first deputy superintendent shall be subject to all requirements and
    35  provisions associated with the superintendent's position. If  the  first
    36  deputy  superintendent  completes  the  term  of  a previously appointed
    37  superintendent, the first deputy is eligible for appointment to  a  full
    38  term  as  superintendent  in  his  or her own right. All other potential
    39  replacements within the ranks of the state police or  from  outside  its
    40  ranks  for  superintendent,  in  the event the first deputy is unable to
    41  complete the previous superintendent's position,  shall  have  the  same
    42  rights and eligibilities as the first deputy superintendent and shall be
    43  subject  to  all  the  requirements  and  provisions associated with the
    44  superintendent.
    45    § 2. The executive law is amended by adding a  new  section  210-a  to
    46  read as follows:
    47    §  210-a.  Superintendent's annual reports and biennial testimony. (a)
    48  The superintendent shall submit an annual report to  the  governor,  the
    49  temporary  president  of  the  senate,  the speaker of the assembly, the
    50  minority leader of the senate and the minority leader of the assembly no
    51  later than September first of each year.
    52    (1) Such report shall contain the following information:
    53    (A) a detailed description of any  special  requests  made  by  or  on
    54  behalf  of the governor or any member of the legislature for services of
    55  the state police beyond  traditional  services  provided  by  the  state
    56  police;

        S. 3938                             3
     1    (B) a detailed description of any information, unless it is privileged
     2  or  requires confidentiality, provided by the state police to the gover-
     3  nor, and/or his or her staff, and/or to any member of  the  legislature,
     4  and/or  his  or her staff, beyond the general programmatic and budgetary
     5  reporting  requirements  of  the  state  police and a description of the
     6  purpose for which such information was provided;
     7    (C) a description of any special disciplinary  actions  taken  by  the
     8  superintendent  regarding inter- or intra-governmental affairs involving
     9  state police personnel, based upon special requests made  to  the  state
    10  police  by  or  on behalf of the governor, any member of the legislature
    11  and/or any other public or quasi-public entity; and
    12    (D) a description of each request made by or on behalf of the governor
    13  and/or any member of the legislature for information of any  kind  other
    14  than  the general information provided by the state police to the execu-
    15  tive branch, the legislative branch, public authorities or local govern-
    16  ment entities.
    17    (2) The superintendent shall include a signed certification  with  the
    18  report  that  the information provided is true to the best of his or her
    19  knowledge. If such certification is found to be false,  the  superinten-
    20  dent may be subject to removal by the legislature.
    21    (b)  Every  two years, commencing in two thousand nineteen, the super-
    22  intendent shall attend a proceeding to testify before the senate finance
    23  committee, the assembly ways and means committee,  the  senate  investi-
    24  gations  and government operations committee and the assembly oversight,
    25  analysis and investigation committee to review the personnel and  admin-
    26  istrative activities of the state police and the future plans and initi-
    27  ative of the state police. Such proceeding shall be conducted jointly at
    28  the  direction  of the temporary president of the senate and the speaker
    29  of the assembly and shall take place no later  than  November  first  of
    30  every other year during which the proceeding is conducted.
    31    (c)  The  reporting requirements described in this section shall be in
    32  addition to, and not  in  lieu  of,  any  other  reporting  requirements
    33  provided by law.
    34    §  3.  Section  211 of the executive law, as amended by chapter 331 of
    35  the laws of 1993, is amended to read as follows:
    36    § 211. Employees. (a) The superintendent may appoint such employees as
    37  may be necessary and fix their compensation within such sum  as  may  be
    38  appropriated  by  law. Persons appointed to competitive positions within
    39  the division who meet the definition of veteran or disabled  veteran  as
    40  defined  in  section eighty-five of the civil service law shall be enti-
    41  tled to additional credit and preference as conferred by that law and in
    42  the same manner, except that, notwithstanding any law to  the  contrary,
    43  with respect to any candidate applying for credit in a competitive exam-
    44  ination  for original appointment as a disabled or non-disabled veteran,
    45  such candidate may apply provisionally for such credit  while  still  an
    46  active member of the armed forces. The application for provisional cred-
    47  it  may  be  made at any time between the date of his or her application
    48  for the competitive examination and the date the eligible list is estab-
    49  lished. In cases where there has been  a  provisional  application,  the
    50  superintendent shall grant final credit only if the candidate renews his
    51  or  her  application  within  ninety  days  following termination of the
    52  candidate's military duty, and the candidate's period of eligibility  on
    53  the  list  has  not expired, and the candidate satisfies the appropriate
    54  statutory requirements for eligibility. Pending the  granting  of  final
    55  credit,  the  candidate's ranking on any eligible list shall reflect the
    56  provisional credit.

        S. 3938                             4
     1    (b) Any employee appointed to the executive services unit or any other
     2  unit associated with security and/or  protecting  other  elected  and/or
     3  public  officials shall hold such appointment for no more than two years
     4  after which period, the employee shall be reappointed to the position he
     5  or  she  held prior to the appointment to the executive services unit or
     6  any other unit associated with security and/or protecting other  elected
     7  and/or  public  officials  or  to  such other position and duties as are
     8  determined by the superintendent.
     9    § 4. This act shall take effect on the first of January next  succeed-
    10  ing the date upon which it shall have become a law.
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