Assembly Bill A10239A

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

                                  10239

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN  ACT  to  amend chapter 154 of the laws of 1921, relating to the Port
  Authority of New York and New Jersey, in relation to  the  designation
  as detective in certain instances

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

  Section 1. Chapter 154 of the laws  of  1921,  relating  to  the  Port
Authority of New York and New Jersey, is amended by adding a new article
15-B to read as follows:
                              ARTICLE XV-B
  1. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PORT AUTHORITY
OF  NEW  YORK  AND NEW JERSEY POLICE DEPARTMENT DESIGNATION AS DETECTIVE
ACT."
  2. LEGISLATIVE FINDINGS AND DECLARATION.  A.  THE  LEGISLATURE  HEREBY
FINDS  AND  DECLARES  THAT  IT  IS FREQUENTLY IMPRACTICABLE TO ASCERTAIN
FITNESS FOR THE POSITION OF DETECTIVE WITHIN VARIOUS POLICE  DEPARTMENTS
AROUND THE STATE BY MEANS OF A COMPETITIVE 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 DEPART-
MENTS, TO ASCERTAIN FITNESS FOR THE POSITION OF  DETECTIVE  WITHIN  SUCH
POLICE  DEPARTMENTS;  SUCH  FITNESS HAS ALWAYS BEEN DETERMINED BY EVALU-
ATION OF THE CAPABILITIES OF AN INDIVIDUAL (WHO HAS IN ANY CASE RECEIVED
PERMANENT APPOINTMENT TO THE POSITION OF POLICE OFFICER) BY  SUPERVISORY
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
CUMULATIVE  PERIOD  OF EIGHTEEN MONTHS, HAS DEMONSTRATED FITNESS FOR THE
POSITION OF DETECTIVE WITHIN SUCH POLICE DEPARTMENT AT LEAST  AS  SUFFI-
CIENTLY AS COULD BE ASCERTAINED BY MEANS OF A COMPETITIVE EXAMINATION.
  B.  IN  THE  JURISDICTION  OF  THE  PORT AUTHORITY OF NEW YORK AND NEW
JERSEY POLICE DEPARTMENT, A JURISDICTION WHICH DOES NOT ADMINISTER EXAM-
INATIONS FOR DESIGNATION TO  DETECTIVE,  ANY  PERSON  WHO  HAS  RECEIVED

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

                                                           LBD16341-01-0

A. 10239                            2

PERMANENT APPOINTMENT TO THE POSITION OF POLICE OFFICER AND IS TEMPORAR-
ILY  ASSIGNED  TO THE DUTIES OF A DETECTIVE SHALL, WHENEVER SUCH ASSIGN-
MENT TO THE DUTIES OF A DETECTIVE EXCEEDS A CUMULATIVE PERIOD  OF  EIGH-
TEEN  MONTHS,  BE  PERMANENTLY DESIGNATED AS A DETECTIVE AND RECEIVE THE
COMPENSATION ORDINARILY PAID TO PERSONS IN SUCH DESIGNATION.
  C. NOTHING CONTAINED  IN  SUBDIVISION  B  OF  THIS  SECTION  SHALL  BE
CONSTRUED TO LIMIT THE ABILITY OF THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY  TO  ADMINISTER  EXAMINATIONS  FOR APPOINTMENT TO THE POSITION OF
DETECTIVE, PROVIDED HOWEVER, THAT ANY PERMANENTLY APPOINTED POLICE OFFI-
CER TEMPORARILY ASSIGNED TO PERFORM THE DUTIES OF DETECTIVE  WITHIN  THE
PERIOD COMMENCING JULY 2, 1998 THROUGH AND INCLUDING THE DATE UPON WHICH
THIS SUBDIVISION SHALL BECOME A LAW AND WHO HAS NOT BEEN DESIGNATED AS A
DETECTIVE AND WHO HAS NOT BEEN SUBJECT TO AN EXAMINATION FOR WHICH THERE
IS  A  CERTIFIED  ELIGIBLE  LIST,  SHALL  BE PERMANENTLY DESIGNATED AS A
DETECTIVE WHENEVER SUCH ASSIGNMENT TO THE DUTIES OF DETECTIVE EXCEEDS  A
CUMULATIVE PERIOD OF EIGHTEEN MONTHS.
  D.  PERMANENTLY  APPOINTED  POLICE  OFFICERS  TEMPORARILY  ASSIGNED TO
PERFORM THE DUTIES OF A DETECTIVE SINCE JULY 2, 1998 BY THE PORT AUTHOR-
ITY OF NEW YORK AND NEW JERSEY POLICE DEPARTMENT,  WHO  HAVE  SERVED  IN
SUCH  POSITIONS  FOR  A CUMULATIVE PERIOD EXCEEDING EIGHTEEN MONTHS, AND
WHO CONTINUE TO SERVE IN SUCH POSITIONS, SHALL BE PERMANENTLY DESIGNATED
AS A DETECTIVE WITHOUT ANY RIGHT TO RETROACTIVE FINANCIAL ENTITLEMENT.
  S 2. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation  this act shall take effect immediately. The chairman of the
port authority shall notify the  legislative  bill  drafting  commission
upon  the  occurrence  of  article 15-B in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in  furtherance  of  effecting  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.