Bill Text: NY S06544 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2012-10-03 - VETOED MEMO.168 [S06544 Detail]
Download: New_York-2011-S06544-Introduced.html
S T A T E O F N E W Y O R K
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6544
I N S E N A T E
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:
1 Section 1. Subdivision 3 of section 215 of the executive law, as
2 amended by chapter 478 of the laws of 2004, is amended to read as
3 follows:
4 3. The sworn members of the New York state police shall be appointed
5 by the superintendent and permanent appointees may be removed by the
6 superintendent only after a hearing. MEMBERS WHO HAVE BEEN ASSIGNED OR
7 APPOINTED AS INVESTIGATORS OR SENIOR INVESTIGATORS IN THE BUREAU OF
8 CRIMINAL INVESTIGATION OR AS A STATION COMMANDER, CORPORAL, ZONE COMMAN-
9 DER, ZONE SERGEANT, FIRST SERGEANT, STAFF SERGEANT, CAPTAIN OR MAJOR FOR
10 A PERIOD OF THREE CONTINUOUS YEARS OR MORE MAY BE REMOVED OR DEMOTED
11 FROM SUCH ASSIGNMENT OR APPOINTMENT ONLY AFTER A HEARING, THE PROCEDURE
12 OF WHICH SHALL BE IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE SUPER-
13 INTENDENT OF STATE POLICE; PROVIDED, HOWEVER, THAT A HEARING SHALL NOT
14 BE REQUIRED WHEN REDUCTION IN RANK FROM SUCH POSITION IS BASED SOLELY ON
15 REASONS OF THE ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS,
16 CURTAILMENT OF ACTIVITIES OR OTHERWISE. No person shall be appointed to
17 the New York state police force as a sworn member unless he or she shall
18 be a citizen of the United States, between the ages of twenty-one and
19 twenty-nine years except that in the superintendent's discretion, the
20 maximum age may be extended to thirty-five years. Notwithstanding any
21 other provision of law or any general or special law to the contrary the
22 time spent on military duty, not exceeding a total of six years, shall
23 be subtracted from the age of any applicant who has passed his or her
24 twenty-ninth birthday, solely for the purpose of permitting qualifica-
25 tion as to age and for no other purpose. Such limitations as to age
26 however shall not apply to persons appointed to the positions of coun-
27 sel, first assistant counsel, assistant counsel, and assistant deputy
28 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
1 bureau of criminal investigation pursuant to section two hundred sixteen
2 of this article nor shall any person be appointed unless he or she has
3 fitness and good moral character and shall have passed a physical and
4 mental examination based upon standards provided by the rules and regu-
5 lations of the superintendent. Appointments shall be made for a proba-
6 tionary period which, in the case of appointees required to attend and
7 complete a basic training program at the state police academy, shall
8 include such time spent attending the basic school and terminate one
9 year after successful completion thereof. All other sworn members shall
10 be subject to a probationary period of one year from the date of
11 appointment. Following satisfactory completion of the probationary peri-
12 od the member shall be a permanent appointee. Voluntary resignation or
13 withdrawal from the New York state police during such appointment shall
14 be submitted to the superintendent for approval. Reasonable time shall
15 be required to account for all equipment issued or for debts or obli-
16 gations to the state to be satisfied. Resignation or withdrawal from the
17 division during a time of emergency, so declared by the governor, shall
18 not be approved if contrary to the best interest of the state and shall
19 be a misdemeanor. No sworn member removed from the New York state police
20 shall be eligible for reappointment. The superintendent shall make rules
21 and regulations subject to approval by the governor for the discipline
22 and control of the New York state police and for the examination and
23 qualifications of applicants for appointment as members thereto and such
24 examinations shall be held and conducted by the superintendent subject
25 to such rules and regulations. The superintendent is authorized to
26 charge a fee of twenty dollars as an application fee for any person
27 applying to take a competitive examination for the position of trooper,
28 and a fee of five dollars for any competitive examination for a civilian
29 position. The superintendent shall promulgate regulations subject to the
30 approval of the director of the budget, to provide for a waiver of the
31 application fee when the fee would cause an unreasonable hardship on the
32 applicant and to establish a fee schedule and charge fees for the use of
33 state police facilities.
34 S 2. This act shall take effect immediately.
