Senate Bill S7450A

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

                                  7450

                            I N  S E N A T E

                             April 12, 2010
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed 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-

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

                                                           LBD16341-01-0

S. 7450                             2

INATIONS FOR DESIGNATION TO  DETECTIVE,  ANY  PERSON  WHO  HAS  RECEIVED
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.