senate Bill S2675

Amended

Eliminates the maximum age for taking the civil service examination for appointment as a police officer or as an environmental conservation officer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 29 / Jan / 2014
    • AMEND (T) AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 29 / Jan / 2014
    • PRINT NUMBER 2675A

Summary

Eliminates the maximum age for taking the civil service examination for appointment as a police officer or as an environmental conservation officer.

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Bill Details

See Assembly Version of this Bill:
A6016
Versions:
S2675
S2675A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §58, Civ Serv L; amd §215, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S838, A1956
2009-2010: S8453

Sponsor Memo

BILL NUMBER:S2675

TITLE OF BILL: An act to amend the civil service law and the executive
law, in relation to eliminating the maximum age limitation for appoint-
ment as a police officer

PURPOSE OR GENERAL IDEA OF BILL: This bill eliminates the maximum age
for taking the "civil service examination for appointment as a police
officer.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 58 of the
civil service law and section 215 of the executive law to provide that
municipalities or state authorities may not restrict the age of police
officers, regional state park police or any police force or police
department of any county, city, town, village, housing authority, trans-
it authority or police district, including detectives and investigators,
as they pertain to appointment and eligibility requirements.

JUSTIFICATION: The maximum age requirement for police officers to take
the civil service exam was set during a time when the average age life
expectancy for males was forty-eight years of age and for females was
fifty-one years of age. This statistic is now outdated and therefore the
law needs to be changed. Currently, life expectancy in New York is
seventy-seven years of age.

Due to restrictions in current law, it is an unfortunate fact that mili-
tary veterans retiring from the military are excluded from civil service
positions as police officers if they are over the age limit. Many are
excellent candidates for a law enforcement agency to hire. They could
be filling positions and using their expertise and experience of mili-
tary service to protect civilians in our state. Instead, many returning
veterans have trouble finding jobs that use the skills and training they
gained during service.

Also, many part-time officers with years of experience in a police
department are excluded from being promoted to a full-time position or a
position of supervision simply because they are not on the "eligible
list" of those who were able to take the civil service exam. These part-
time employees often do an exemplary job in their positions and have the
judgment that only comes from time served on the job. Yet, they are
precluded from filling full-time positions due to the state's civil
service law age restrictions.

Currently New Hampshire, Connecticut, Vermont, Maine, Virginia, West
Virginia, Georgia State police Departments and Florida Highway Patrol
have no maximum age limits for civil service exams.

This bill does not change the minimum age at which exams may be taken
which is twenty-five years of age. However, it does remove the cap of
the age of thirty-five years.

LEGISLATIVE HISTORY: 2011,2012: S.838/A.1956 Referred to Civil Service
and Pensions 2010: S.8453 Referred to Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  2675

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  LIBOUS,  SEWARD -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Civil
  Service and Pensions

AN ACT to amend the civil service law and the executive law, in relation
  to  eliminating the maximum age limitation for appointment as a police
  officer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph (a) of subdivision 1 of section 58 of the civil
service law, as amended by chapter 346 of the laws of 2008,  is  amended
to read as follows:
  (a)  he  or she is not less than twenty years of age as of the date of
appointment [nor more than thirty-five years of age as of the date  when
the  applicant  takes the written examination, provided that the maximum
age requirement of thirty-five years of age as set forth in  this  para-
graph  shall  not apply to eligible lists finalized pursuant to an exam-
ination administered prior to May thirty-first, nineteen  hundred  nine-
ty-nine, provided, however, that:
  (i)  time spent on military duty or on terminal leave, not exceeding a
total of six years, shall be subtracted from the age  of  any  applicant
who  has passed his or her thirty-fifth birthday as provided in subdivi-
sion ten-a of section two hundred forty-three of the military law;
  (ii) such maximum age requirement of thirty-five years shall not apply
to any police officer as defined in subdivision thirty-four  of  section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo  municipal housing authority between January first, two thousand
five and June thirtieth, two thousand five and who takes the next  writ-
ten  exam  offered  after the effective date of this subparagraph by the
city of Buffalo civil service commission  for  employment  as  a  police
officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06843-01-3

S. 2675                             2

  (iii)  such  maximum  age  requirement  of thirty-five years shall not
apply to any police officer of any county, town, city or village  police
force  not  otherwise  provided for in this section if the eligible list
has been exhausted and there are no other eligible candidates; provided,
however,  the police officer themselves are on the eligible list of such
county, town, city or village and meet all other requirements  of  merit
and  fitness set forth by this chapter and do not exceed the maximum age
of thirty-nine];
  S 2. Subdivision 2 of section 58 of the civil service law, as  amended
by chapter 32 of the laws of 1999, is amended to read as follows:
  2.  The provisions of this section shall not prevent any county, city,
town, village, housing authority, transit authority or  police  district
from setting more restrictive requirements of eligibility for its police
officers[,  except the maximum age to be a police officer as provided in
paragraph (a) of subdivision one of this section].
  S 3. Subdivision 4 of section 58 of the civil service  law,  as  sepa-
rately  amended  by chapters 375 and 397 of the laws of 1990, paragraphs
(a) and (b) as amended by chapter 435 of the laws of 1997, paragraph (c)
as amended by chapter 190 of the laws of 2008 and subparagraphs (ii) and
(iv) of paragraph (c) as amended by section 58 of subpart B of part C of
chapter 62 of the laws of 2011, is amended to read as follows:
  4. (a) [Any person who has received provisional or permanent  appoint-
ment  in  the competitive class of the civil service as a police officer
of the regional state park police or any police force or police  depart-
ment  of  any  county,  city,  town, village, housing authority, transit
authority or police district shall be eligible to resign from any police
force or police department, and to be appointed as a police  officer  in
the same or any other police force or police department without satisfy-
ing  the  age requirements set forth in paragraph (a) of subdivision one
of this section at the time of such second  or  subsequent  appointment,
provided such second or subsequent appointment occurs within thirty days
of the date of resignation.
  (b)  Any  person who has received permanent appointment in the compet-
itive class of the civil service as a police  officer  of  the  regional
state  park police or any police force or police department of any coun-
ty, city, town, village, housing authority, transit authority or  police
district  shall  be  eligible  to resign from any police force or police
department and, subject to such civil service rules as may  be  applica-
ble,  shall  be  eligible  for reinstatement in the same police force or
police department or in any other police force or police  department  to
which  he was eligible for transfer, without satisfying the age require-
ments set forth in paragraph (a) of subdivision one of this  section  at
the time of such reinstatement, provided such reinstatement occurs with-
in one year of the date of resignation.
  (c)  (i)] Legislative findings and declaration. The legislature hereby
finds and declares that it  is  frequently  impracticable  to  ascertain
fitness  for  the positions of detective and investigator within various
police or sheriffs departments around the state by means  of  a  compet-
itive  examination  due  to the unique nature of the duties assigned and
the intangible personal qualities needed to  perform  such  duties.  The
legislature  further  finds  that competitive examination has never been
employed in many police, correction or sheriffs departments,  to  ascer-
tain fitness for the positions of detective and investigator within such
police, correction or sheriffs departments; such fitness has always been
determined  by  evaluation of the capabilities of an individual (who has
in any case received permanent appointment to  the  position  of  police

S. 2675                             3

officer, correction officer of any rank or deputy sheriff) by superviso-
ry  personnel.  The  legislature  further  finds  that an individual who
performs in an investigatory position in a manner sufficiently satisfac-
tory  to  the  appropriate  supervisors to hold such an assignment for a
period of eighteen months, has demonstrated fitness for the position  of
detective  or  investigator  within  such police, correction or sheriffs
department at least as sufficiently as could be ascertained by means  of
a competitive examination.
  [(ii)]  (B)  Notwithstanding any other provision of law, in any juris-
diction, other than a city with a population of one million or  more  or
the  state  department  of  corrections and community supervision, which
does not administer examinations for designation to detective or  inves-
tigator,  any person who has received permanent appointment to the posi-
tion of police officer, correction officer of any rank or deputy sheriff
and is temporarily assigned to perform the duties of detective or inves-
tigator shall, whenever such assignment to the duties of a detective  or
investigator  exceeds  eighteen  months,  be permanently designated as a
detective or investigator and receive the compensation  ordinarily  paid
to persons in such designation.
  [(iii)]  (C) Nothing contained in [subparagraph (ii)] PARAGRAPH (B) of
this [paragraph] SUBDIVISION  shall be construed to limit any  jurisdic-
tion's  ability  to administer examinations for appointment to the posi-
tions of detective and investigator, provided however  that  any  person
temporarily  assigned to perform the duties of detective or investigator
within the period commencing September  twenty-third,  nineteen  hundred
ninety-three  through  and  including the date upon which this paragraph
shall have become a law and who has not been designated as  a  detective
or investigator and who has not been subject to an examination for which
there is a certified eligible list, shall be permanently designated as a
detective  or  investigator  whenever  such  assignment to the duties of
detective or investigator exceeds eighteen months.
  [(iv)] (D) Detectives and  investigators  designated  since  September
twenty-third,  nineteen  hundred  ninety  and  prior to February twenty-
fourth, nineteen hundred ninety-five by any state, county, town, village
or city (other than a city with a population of one million or  more  or
the  state  department of corrections and community supervision) police,
correction or sheriffs department, pursuant to the  provisions  of  this
paragraph  in  effect  during such period, who continue to serve in such
positions, shall retain their detective or investigator  status  without
any right to retroactive financial entitlement.
  S  4. 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. 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] AND AT LEAST twen-
ty-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 qualification as to age and for no other purpose. Such  limi-
tations  as  to  age however shall not apply to persons appointed to the
positions of counsel, first assistant counsel,  assistant  counsel,  and

S. 2675                             4

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] YEARS OF  AGE.  NOR  shall  any
person  be appointed unless he or she has fitness and good moral charac-
ter and shall have passed a physical and mental examination  based  upon
standards  provided  by the rules and regulations of the superintendent.
Appointments shall be made for a probationary 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  period  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  equip-
ment  issued  or  for debts or obligations 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 reappoint-
ment. 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  regu-
lations.  The  superintendent  is  authorized  to charge a fee of twenty
dollars as an application fee for any person applying to take a  compet-
itive examination for the position of trooper, and a fee of five dollars
for any competitive examination for a civilian position. The superinten-
dent  shall promulgate regulations subject to the approval of the direc-
tor 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 5. This act shall take effect immediately.

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