senate Bill S7438

2011-2012 Legislative Session

Relates to eligibility for permanent appointment of certain police officers

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 06, 2012 advanced to third reading
Jun 05, 2012 2nd report cal.
Jun 04, 2012 1st report cal.1014
May 16, 2012 referred to civil service and pensions

Votes

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Jun 4, 2012 - Civil Service and Pensions committee Vote

S7438
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: Jun 4, 2012

aye wr (1)

S7438 - Bill Details

See Assembly Version of this Bill:
A10130
Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Amd ยง58, Civ Serv L

S7438 - Bill Texts

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Provides that the maximum age requirement of thirty-five years shall not apply to any police officer of any political subdivision maintaining a police department serving a population of three thousand or less if the eligible list has been exhausted and there are no other eligible candidates; provided, however, the police officer themselves are on the eligible list of such county, town, city or village and meet all other requirements of merit and fitness set forth in the civil service law.

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BILL NUMBER:S7438

TITLE OF BILL:
An act
to amend the civil service law, in relation to eligibility for
permanent appointment of certain police officers

PURPOSE:
This bill removes particular eligibility
requirements for
permanent appointment of certain police officers.

SUMMARY OF PROVISIONS:
Section 1 - amends subparagraphs (ii) and (iii)
of paragraph (a) of subdivision 1 of section 58 of the civil service
law. Makes the maximum age requirement of thirty-five years not
applicable to any officer, who was employed by the Buffalo municipal
housing authority from January 1, 2005 - June 30 if they take the next
written exam offered. The maximum age requirement of 35 years is also
lifted for any officer when the eligibility list has been exhausted
and no other candidates are eligible-as long as these officers are on
said list, remain fit and have not passed the age of 39.

Section 1 - also adds new subparagraph (iv). Makes the age requirement
of 35 inapplicable to any officer of any political subdivision
maintaining a police department that serves a population of 3,000 or
less, if the eligible list has been exhausted, there are no other
eligible candidates, and the officer has met all other merit and
fitness requirements.

JUSTIFICATION:
For small localities of New York, it is difficult to
continue to maintain a qualified workforce and insure the ample
service that their communities depend on due to some job eligibility
requirements.
Due to the age and residency requirement, it's often an uphill
battle to make sure that essential positions are filled with
qualified candidates. These localities have to choose from a much
smaller applicant pool since their populations are no where near as
large as other political subdivisions.

This bill allows localities to fill this hiring void and allows them
an easier time when appointing candidates from part time employment
to full time. Thus, insuring the most capable workforce to service
the community.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  7438

                            I N  S E N A T E

                              May 16, 2012
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, in relation  to  eligibility  for
  permanent appointment of certain police officers

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

  Section 1. Subparagraphs (ii) and (iii) of paragraph (a)  of  subdivi-
sion 1 of section 58 of the civil service law, as amended by chapter 346
of the laws of 2008, are amended and a new subparagraph (iv) is added to
read as follows:
  (ii) such maximum age requirement of thirty-five years shall not apply
to  any  police officer as defined in subdivision thirty-four of section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo municipal housing authority between January first, two  thousand
five  and June thirtieth, two thousand five and who takes the next writ-
ten exam offered after the effective date of this  subparagraph  by  the
city  of  Buffalo  civil  service  commission for employment as a police
officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; [and]
  (iii) such maximum age requirement  of  thirty-five  years  shall  not
apply  to any police officer of any county, town, city or village police
force not otherwise provided for in this section if  the  eligible  list
has been exhausted and there are no other eligible candidates; provided,
however,  the police officer themselves are on the eligible list of such
county, town, city or village and meet all other requirements  of  merit
and  fitness set forth by this chapter and do not exceed the maximum age
of thirty-nine; AND
  (IV) SUCH MAXIMUM AGE REQUIREMENT OF THIRTY-FIVE YEARS SHALL NOT APPLY
TO ANY POLICE OFFICER OF ANY POLITICAL SUBDIVISION MAINTAINING A  POLICE
DEPARTMENT  SERVING A POPULATION OF THREE THOUSAND OR LESS IF THE ELIGI-
BLE LIST HAS BEEN EXHAUSTED AND THERE ARE NO OTHER ELIGIBLE  CANDIDATES;
PROVIDED,  HOWEVER,  THE  POLICE OFFICER MEETS ALL OTHER REQUIREMENTS OF
MERIT AND FITNESS SET FORTH BY THIS CHAPTER;
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15681-02-2

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