senate Bill S400

2011-2012 Legislative Session

Relates to the appointment and reporting duties of the superintendent of the state police and to the appointment of employees of the state police

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 05, 2011 referred to finance

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S400 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§210 & 211, add §210-a, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S7104C

S400 - Bill Texts

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Relates to the appointment and reporting duties of the superintendent of the state police and to the appointment of employees of the state police.

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BILL NUMBER:S400

TITLE OF BILL:
An act
to amend the executive law, in relation to the appointment and reporting
duties of the superintendent of the state police and the appointment of
employees of the state police

PURPOSE OR GENERAL IDEA OF BILL:
Under this legislation, the Superintendent shall he appointed by the
Governor, with the advice and consent of the Senate, to a single
seven year term. The First Deputy Superintendent shall likewise be
subject to Senate confirmation, but be shall serve at the discretion
of the Superintendent. The Legislature shall have the authority to
remove the Superintendent from his or her position through a majority
vote in both houses. The Governor's powers to remove public officers
under the Public Officers Law have been notwithstood in relation to
the removal of the Superintendent. The Superintendent shall also be
removed from office in accordance to sections (e), (f) and (g) of the
Public Officers Law.

In the event the Superintendent resigns or is no longer able to
perform his or her duties before the end of the seven-year term, the
First Deputy Superintendent shall become Superintendent. If the
Governor does not appoint a new Superintendent within 45 days of the
Superintendent leaving his or her position, the First Deputy
Superintendent shall assume the position for the remainder of the
previous Superintendent's term.
After completing the remainder of the previous superintendent's term,
the First Deputy Superintendent shall be eligible to serve another
term in his or her own right.

Further, the responsibilities of the Superintendent are expanded to
include the submission of annual reports to the Legislature detailing
the inter- and intra-governmental activities of the State police in
the most recent fiscal year. The Superintendent shall not be required
to include in the report information that is privileged or
confidential.
The reports shall include:

* Information detailing any special requests from the Executive and
the Legislature for services of the State police beyond traditional
services provided by the State police;

* Any additional information provided by the State police to the
Governor, his or her staff and the Legislature beyond the traditional
reporting requirements of the State police and for what purposes,
which would be provided at the discretion of the Superintendent;

* Any special disciplinary actions taken by the Superintendent
regarding inter or intra governmental affairs involving State Police
personnel based upon special requests made to the State Police by the
Executive, the Legislature and the any other public or quasi public
entity;


* Requests for information of any kind other than the traditional
information provided by the State Police from any Executive branch,
Legislative branch, public authority or local government entities;

* The report shall include a certification signed by both the
superintendent and the Administrator of the state police Executive
Service unit attesting that the information provided is true to the
best of his or her knowledge. If such certification is found to be
false, untrue or fraudulent, the superintendent may be subject to
removal by the Legislature.

The Senate Majority Leader and Assembly speaker shall call for the
superintendent to testify every two years to review the personnel and
administrative activities of the State police along with future plans
and initiatives of the agency.
The bill would also require a two year rotation of every civilian and
sworn officer assigned to the state police Executive Service Unit or
any State police unit involved in security and/or protection of
elected and/or public officials.

JUSTIFICATION:
A string of recent scandals involving the superintendent of the State
police and elected state officials has exposed how this law
enforcement agency is prone to dangerous levels of political
influence. Such meddling between politics and policing, whether
perceived or actual, undermines public confidence. Therefore it is
imperative steps are taken to shield the State police from political
influences and to ensure it is not swayed by them.

To achieve these goals, this legislation would make the appointment of
the superintendent of the State police similar to that of the
Director of the Federal Bureau of Investigations, as outlined in the
U.s. Omnibus Crime Control and Safe Streets Act of 1968 and the Crime
Control Act of 1976. Under this legislation, the superintendent would
no longer serve at the will of the Governor and instead be tenured to
a single seven year term; thus limiting lawmakers' ability to
intimidate the Superintendent into engaging in activities that
violate the rules of conduct for the State police.

To ensure the State police has not acted in response to or for the
sake of political motives, the Superintendent shall be required to
brief the Legislature on the inter- and intra-governmental activities
of the agency in annual reports and at biennial hearings.

PRIOR LEGISLATIVE HISTORY:
2010: S.7104-C/A.10299-C

FISCAL IMPACTS:
None. The existing staff will be expected to compile the annual
reports required by this bill.

EFFECTIVE DATE:
January 1, 2012

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

                                   400

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER, ADAMS, BRESLIN, DILAN, HASSELL-THOMPSON,
  KLEIN, PARKER, SERRANO, SQUADRON, STAVISKY, VALESKY -- read twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Finance

AN ACT to amend the executive law, in relation to  the  appointment  and
  reporting  duties  of  the  superintendent of the state police and the
  appointment of employees of the state police

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

  Section 1. Section 210 of the executive law, as amended by chapter 169
of the laws of 1994, is amended to read as follows:
  S 210. Division  of  state police. (A) The division of state police in
the executive department shall be known as the "New York State Police."
  (B) (1) The head of the New York state police shall be the superinten-
dent of state police who shall be appointed by the governor by and  with
the  advice and consent of the senate, and hold office during his or her
pleasure. The superintendent shall be a  member  of  the  state  police,
shall  receive  as  salary  such  sum as may be appropriated by law, and
shall accrue such leave credits and be eligible for the same  retirement
benefits,  service credits and other benefits as any other member of the
state police.  If, prior to appointment, the superintendent served as  a
member  of the state police, he or she, upon appointment, shall be enti-
tled to continue to accrue and receive such credits and benefits  as  he
or  she would have been entitled to accrue and receive prior to appoint-
ment.
  (2) If, prior to his or her appointment, the superintendent shall have
served as a member of the State Police for a  period  of  ten  years  or
more,  he  or  she shall, provided he or she is not eligible for retire-
ment, upon termination of service  as  superintendent,  be  reappointed,
without  examination,  as a member of the state police in the grade held

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00835-01-1

S. 400                              2

by him or her prior to appointment  as  superintendent,  notwithstanding
the  absence of any vacancy in such grade.  For the purpose of determin-
ing the annual salary to be paid upon such reappointment, the period  of
service  as  superintendent  shall be counted as service in the grade to
which reappointed.
  (3) TRADITIONAL SERVICES MEANS AS FOLLOWS: TO PROTECT PEOPLE AND PROP-
ERTY; TO PREVENT AND DETECT CRIME AND OTHER VIOLATIONS OF LAW AND PURSUE
CRIMINAL INVESTIGATIONS AND ARREST CRIMINALS; TO MAKE ROADS SAFE FOR ALL
USERS; TO REDUCE THE DEATHS, INJURIES  AND  PROPERTY  DAMAGE  CAUSED  BY
MOTOR  VEHICLE  ACCIDENTS  THROUGH  VEHICLE  AND TRAFFIC ENFORCEMENT AND
EDUCATION; TO PROVIDE DISORDER CONTROL AND  SECURITY  IN  ALL  TYPES  OF
NATURAL AND MAN-MADE EMERGENCIES; TO PROVIDE FOR THE SAFETY AND SECURITY
OF  INDIVIDUALS  AND  GROUPS OF CITIZENS IN FURTHERANCE OF THEIR RIGHTS,
DUTIES AND RESPONSIBILITIES; AND TO SUPPORT OTHERS BY CREATING  PARTNER-
SHIPS  FOR  SAFETY AND SECURITY WITH INDIVIDUALS, GROUPS AND COMMUNITIES
THROUGHOUT THE STATE.
  (4) EFFECTIVE WITH RESPECT TO ANY INDIVIDUAL APPOINTMENT BY THE GOVER-
NOR, BY AND WITH THE ADVICE AND CONSENT OF  THE  SENATE,  AFTER  JANUARY
FIRST, TWO THOUSAND ELEVEN, THE TERM OF SERVICE OF THE SUPERINTENDENT OF
THE  STATE  POLICE  SHALL BE SEVEN YEARS. A SUPERINTENDENT MAY NOT SERVE
MORE THAN ONE SEVEN-YEAR TERM.   THE APPOINTMENT  OF  THE  FIRST  DEPUTY
SUPERINTENDENT SHALL ALSO BE SUBJECT TO SENATE CONFIRMATION.
  (5)  NOTWITHSTANDING  SECTIONS  THIRTY-THREE AND THIRTY-THREE-A OF THE
PUBLIC OFFICERS LAW, A SUPERINTENDENT SHALL BE REMOVED FROM  OFFICE  FOR
FAILURE  TO  FULFILL  HIS  OR HER DUTIES ONLY BY A MAJORITY VOTE OF EACH
HOUSE OF THE LEGISLATURE OR IN ACCORDANCE WITH THE PROVISIONS OF  SUBDI-
VISIONS E, F OR G OF SECTION THIRTY OF THE PUBLIC OFFICERS LAW.
  (6)  IN  THE  EVENT THE SUPERINTENDENT RESIGNS FROM OFFICE, IS REMOVED
FROM OFFICE OR IS INCAPABLE OF CONTINUING  IN  OFFICE  DUE  TO  PHYSICAL
ILLNESS,  MENTAL  ILLNESS OR DEATH THE FIRST DEPUTY SUPERINTENDENT SHALL
ASSUME THE SUPERINTENDENT POSITION.  IF AFTER FORTY-FIVE DAYS THE GOVER-
NOR HAS NOT APPOINTED A NEW SUPERINTENDENT TO A  FULL  TERM,  THE  FIRST
DEPUTY  SUPERINTENDENT  SHALL  COMPLETE  THE  REMAINDER  OF THE PREVIOUS
SUPERINTENDENT'S TERM.  UPON ASSUMPTION OF THE DUTIES OF SUPERINTENDENT,
THE FIRST DEPUTY SUPERINTENDENT SHALL BE SUBJECT TO ALL REQUIREMENTS AND
PROVISIONS ASSOCIATED WITH THE SUPERINTENDENT'S POSITION. IF  THE  FIRST
DEPUTY  SUPERINTENDENT  COMPLETES  THE  TERM  OF  A PREVIOUSLY APPOINTED
SUPERINTENDENT, THE FIRST DEPUTY IS ELIGIBLE FOR APPOINTMENT TO  A  FULL
TERM  AS  SUPERINTENDENT  IN  HIS  OR HER OWN RIGHT. ALL OTHER POTENTIAL
REPLACEMENTS WITHIN THE RANKS OF THE STATE POLICE OR  FROM  OUTSIDE  ITS
RANKS  FOR  SUPERINTENDENT,  IN  THE EVENT THE FIRST DEPUTY IS UNABLE TO
COMPLETE THE PREVIOUS SUPERINTENDENT'S POSITION,  SHALL  HAVE  THE  SAME
RIGHTS AND ELIGIBILITIES AS THE FIRST DEPUTY SUPERINTENDENT AND SHALL BE
SUBJECT  TO  ALL  THE  REQUIREMENTS  AND  PROVISIONS ASSOCIATED WITH THE
SUPERINTENDENT.
  S 2. The executive law is amended by adding a  new  section  210-a  to
read as follows:
  S  210-A.  SUPERINTENDENT'S ANNUAL REPORTS AND BIENNIAL TESTIMONY. (A)
THE SUPERINTENDENT SHALL SUBMIT AN ANNUAL REPORT TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY NO
LATER THAN SEPTEMBER FIRST OF EACH YEAR.
  (1) SUCH REPORT SHALL CONTAIN THE FOLLOWING INFORMATION:
  (A) A DETAILED DESCRIPTION OF ANY  SPECIAL  REQUESTS  MADE  BY  OR  ON
BEHALF  OF THE GOVERNOR OR ANY MEMBER OF THE LEGISLATURE FOR SERVICES OF

S. 400                              3

THE STATE POLICE BEYOND  TRADITIONAL  SERVICES  PROVIDED  BY  THE  STATE
POLICE;
  (B) A DETAILED DESCRIPTION OF ANY INFORMATION, UNLESS IT IS PRIVILEGED
OR  REQUIRES CONFIDENTIALITY, PROVIDED BY THE STATE POLICE TO THE GOVER-
NOR, AND/OR HIS OR HER STAFF, AND/OR TO ANY MEMBER OF  THE  LEGISLATURE,
AND/OR  HIS  OR HER STAFF, BEYOND THE GENERAL PROGRAMMATIC AND BUDGETARY
REPORTING REQUIREMENTS OF THE STATE POLICE  AND  A  DESCRIPTION  OF  THE
PURPOSE FOR WHICH SUCH INFORMATION WAS PROVIDED;
  (C)  A  DESCRIPTION  OF  ANY SPECIAL DISCIPLINARY ACTIONS TAKEN BY THE
SUPERINTENDENT REGARDING INTER- OR INTRA-GOVERNMENTAL AFFAIRS  INVOLVING
STATE  POLICE  PERSONNEL,  BASED UPON SPECIAL REQUESTS MADE TO THE STATE
POLICE BY OR ON BEHALF OF THE GOVERNOR, ANY MEMBER  OF  THE  LEGISLATURE
AND/OR ANY OTHER PUBLIC OR QUASI-PUBLIC ENTITY; AND
  (D) A DESCRIPTION OF EACH REQUEST MADE BY OR ON BEHALF OF THE GOVERNOR
AND/OR  ANY  MEMBER OF THE LEGISLATURE FOR INFORMATION OF ANY KIND OTHER
THAN THE GENERAL INFORMATION PROVIDED BY THE STATE POLICE TO THE  EXECU-
TIVE BRANCH, THE LEGISLATIVE BRANCH, PUBLIC AUTHORITIES OR LOCAL GOVERN-
MENT ENTITIES.
  (2)  THE  SUPERINTENDENT SHALL INCLUDE A SIGNED CERTIFICATION WITH THE
REPORT THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF HIS  OR  HER
KNOWLEDGE.  IF  SUCH CERTIFICATION IS FOUND TO BE FALSE, THE SUPERINTEN-
DENT MAY BE SUBJECT TO REMOVAL BY THE LEGISLATURE.
  (B) EVERY TWO YEARS, COMMENCING IN TWO  THOUSAND  TWELVE,  THE  SUPER-
INTENDENT SHALL ATTEND A PROCEEDING TO TESTIFY BEFORE THE SENATE FINANCE
COMMITTEE,  THE  ASSEMBLY  WAYS AND MEANS COMMITTEE, THE SENATE INVESTI-
GATIONS AND GOVERNMENT OPERATIONS COMMITTEE AND THE ASSEMBLY  OVERSIGHT,
ANALYSIS  AND INVESTIGATION COMMITTEE TO REVIEW THE PERSONNEL AND ADMIN-
ISTRATIVE ACTIVITIES OF THE STATE POLICE AND THE FUTURE PLANS AND INITI-
ATIVE OF THE STATE POLICE. SUCH PROCEEDING SHALL BE CONDUCTED JOINTLY AT
THE DIRECTION OF THE TEMPORARY PRESIDENT OF THE SENATE AND  THE  SPEAKER
OF  THE  ASSEMBLY  AND  SHALL TAKE PLACE NO LATER THAN NOVEMBER FIRST OF
EVERY OTHER YEAR DURING WHICH THE PROCEEDING IS CONDUCTED.
  (C) THE REPORTING REQUIREMENTS DESCRIBED IN THIS SECTION SHALL  BE  IN
ADDITION  TO,  AND  NOT  IN  LIEU  OF,  ANY OTHER REPORTING REQUIREMENTS
PROVIDED BY LAW.
  S 3. Section 211 of the executive law, as amended by  chapter  331  of
the laws of 1993, is amended to read as follows:
  S 211. Employees. (A) The superintendent may appoint such employees as
may  be  necessary  and fix their compensation within such sum as may be
appropriated by law. Persons appointed to competitive  positions  within
the  division  who meet the definition of veteran or disabled veteran as
defined in section eighty-five of the civil service law shall  be  enti-
tled to additional credit and preference as conferred by that law and in
the  same  manner, except that, notwithstanding any law to the contrary,
with respect to any candidate applying for credit in a competitive exam-
ination for original appointment as a disabled or non-disabled  veteran,
such  candidate  may  apply provisionally for such credit while still an
active member of the armed forces. The application for provisional cred-
it may be made at any time between the date of his  or  her  application
for the competitive examination and the date the eligible list is estab-
lished.  In  cases  where  there has been a provisional application, the
superintendent shall grant final credit only if the candidate renews his
or her application within  ninety  days  following  termination  of  the
candidate's  military duty, and the candidate's period of eligibility on
the list has not expired, and the candidate  satisfies  the  appropriate
statutory  requirements  for  eligibility. Pending the granting of final

S. 400                              4

credit, the candidate's ranking on any eligible list shall  reflect  the
provisional credit.
  (B) ANY EMPLOYEE APPOINTED TO THE EXECUTIVE SERVICES UNIT OR ANY OTHER
UNIT  ASSOCIATED  WITH  SECURITY  AND/OR PROTECTING OTHER ELECTED AND/OR
PUBLIC OFFICIALS SHALL HOLD SUCH APPOINTMENT FOR NO MORE THAN TWO  YEARS
AFTER WHICH PERIOD, THE EMPLOYEE SHALL BE REAPPOINTED TO THE POSITION HE
OR  SHE  HELD PRIOR TO THE APPOINTMENT TO THE EXECUTIVE SERVICES UNIT OR
ANY OTHER UNIT ASSOCIATED WITH SECURITY AND/OR PROTECTING OTHER  ELECTED
AND/OR  PUBLIC  OFFICIALS  OR  TO  SUCH OTHER POSITION AND DUTIES AS ARE
DETERMINED BY THE SUPERINTENDENT.
  S 4. This act shall take effect January 1, 2012.

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