Assembly Bill A5746

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

                                  5746

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

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. Section 1 of 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09540-01-1
              

A. 5746                             2

  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
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.
  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.