Assembly Bill A8907

                                BILL NUMBER:A8907

TITLE  OF BILL:  An act to amend the civil service law, in relation to
employment of peace officers and police officers

PURPOSE OR GENERAL IDEA OF BILL:  To make persons convicted  of  civil
rights  and  human  rights  violations  ineligible to serve as a peace
officer or police officer in New York State.

SUMMARY OF SPECIFIC PROVISIONS:  Bill § 1 amends the Civil Service Law
by adding a new §55-d, providing that no person shall be eligible  for
appointment  as  a  peace officer or police officer if such person has
previously been convicted of any offense under  or  violation  of  the
Civil Rights Law or the Human Rights Law. Bill §2 amends Civil Service
Law  §75-b  by  adding a new subdivision 3-b, providing for permissive
suspension without pay for not more than 30 days when a peace  officer
or  police  officer  is  facing  pending  charges  on such offenses or
violations, and for immediate dismissal upon conviction.

JUSTIFICATION:  Presently, any police officers or peace  officers  who
violate  civil  rights or human rights laws are not mandated to vacate
their position, and it is  up  to  the  department  involved  to  take
disciplinary  action.  Here  is  where  further  abuse takes place. In
police  departments  around  the  state,  officers  found  guilty   of
violating  civil/human  rights  have  been allowed to stay employed in
their position. Many times, these same  officers  have  committed  the
              

same  crimes  again  and  again  and  are still not removed from their
positions.

The  consequences  of  these  actions  are  far  reaching   and   have
considerable negative impact on how police forces are viewed. Not only
is  community  trust diminished when there is no disciplining involved
but there is also an economic component  to  this  problem.  In  civil
cases,  federal  and  state courts have awarded plaintiffs millions of
dollars in damages. The municipalities involved in the cases then  use
taxpayers'  money to pay the damages. They must also pay the thousands
of dollars, per case, it  takes  to  provide  legal  counsel  for  the
officers charged with rights violations.

In  the  City  of  Albany, the home of the New York State Legislature,
examples of the abuses this legislation is  aimed  at  preventing  are
vivid.  Over  the  last  twelve years, Albany has paid out over half a
million dollars in awards because of police abuses. This  figure  does
not  include  the  legal  costs  incurred  by  the  city defending the
officers involved. In addition, officers who have been found guilty of
civil rights law violations are still on the force. This  scenario  is
repeated  throughout our state. The costs involved are measured in the
public's loss of respect for the police and peace officers as well  as
the  tens  of millions of dollars paid out by taxpayers for the abuses
of civil servants they have entrusted with the power of a badge and  a
gun  --  at  the  same  time  police  departments around the state are
establishing   "citizen-police   academies"   to   improve   community
relations.  Until  fair  and  adequate  disciplinary  action  is taken
against police/peace officers who  violate  civil/human  rights  laws,
these attempts are futile in their mission.


To make matters worse, even if a municipality fires from its workforce
a  peace/police  officer  found  guilty of violating rights laws, this
same officer can then go to the next town, county  or  city  and  find
employment  as  a  police/peace  officer  once  again. This bill would
forever prohibit that individual from being employed as a police/peace
officer  in  any county, town, city, village or authority in the State
of New York. This legislation would also  provide  for  administrative
discretion  to  suspend  without  pay,  for a period of thirty days, a
police/peace officer pending hearing and determination of  charges  of
any offense or violation of civil/human rights laws.

PRIOR LEGISLATIVE HISTORY:

A.6105(1999-2000)
A.4803(2001-02)
A.7241(2003-04)
A.2811(2005-06)
(All bills referred to Assembly Governmental Employees Committee.)

FISCAL IMPLICATIONS:  None. In fact, this act will save New York State
taxpayers millions of dollars.

EFFECTIVE DATE:  This act shall take effect immediately.