senate Bill S96

Vetoed By Governor
2013-2014 Legislative Session

Provides that investigators within the division of state police who completed three continuous years or more shall not be demoted without a hearing

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


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

do you support this bill?

Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 vetoed memo.206
Jul 19, 2013 delivered to governor
Jun 17, 2013 returned to senate
passed assembly
ordered to third reading rules cal.254
substituted for a7219
Jun 03, 2013 referred to codes
delivered to assembly
passed senate
Apr 29, 2013 advanced to third reading
Apr 24, 2013 2nd report cal.
Apr 23, 2013 1st report cal.408
Jan 09, 2013 referred to finance

Votes

view votes

Co-Sponsors

S96 - Bill Details

See Assembly Version of this Bill:
A7219
Law Section:
Executive Law
Laws Affected:
Amd ยง215, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S6544, A9431

S96 - Bill Texts

view summary

Grants those assigned or employed for three continuous years as investigators and senior investigators in the bureau of criminal investigation or as a station commander, corporal, zone commander, zone sergeant, first sergeant, staff sergeant, captain or major within the division of state police protection from removal or other disciplinary action without a hearing.

view sponsor memo
BILL NUMBER:S96

TITLE OF BILL:
An act
to amend the executive law, in relation to longevity in title for
investigative employees of the division of state police

PURPOSE:
The purpose of this legislation is to grant longevity in title to
members of the Bureau of Criminal Investigation (BCI) holding the
ranks of Investigator and Senior Investigator and those members of
the Uniform Force holding the ranks of Station Commander, Zone
Commander, Corporal, Zone Sergeant, First Sergeant, Staff Sergeant,
Captain or Major.

SUMMARY OF PROVISIONS:
This bill would provide that members of the Division of State Police
who hold the above listed appointed ranks and who have completed
three (3) continuous years or more of service in that rank shall not
be demoted without a hearing.

JUSTIFICATION:
There are currently more than 1,200 members of the New York State
Police holding the ranks of Investigator, Senior Investigator,
Station commander, Zone Commander, Zone Sergeant, Corporal, First
Sergeant, Staff Sergeant, Captain or Major. These positions are
non-competitive, with appointment being made by the Superintendent of
State police on the basis of merit, hut without competitive
examination.

This legislation would simply extend to the State police detective
force and certain uniform force ranks the same longevity in title
provisions now applying to other police departments within New York
State; namely that after three continuous years of service in such
positions, they may only be removed in accordance with the protection
afforded by Section 75 of the Civil Service Law, This measure would
prevent demotion, while permitting reduction in rank if based upon
reasons of economy, consolidation or abolition of functions.

Promotion to the Bureau of Criminal Investigation and to those
appointed ranks in the Uniform Force should afford the same
protection of rights that is enjoyed by police officers in other New
York police departments. By having a fair process for demotion from
these ranks that is based on just cause and due process, protects
those members from the arbitrary and inconsistent application of
discipline and insures the integrity of the agency. That process does
not exist now.

LEGISLATIVE HISTORY:
2011-12 S.6544/A.9431 Vetoed by Governor (VM168)

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   96

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 longevity in title for
  investigative employees of the division of state police

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

  Section  1.  Subdivision  3  of  section  215 of the executive law, as
amended by chapter 478 of the laws  of  2004,  is  amended  to  read  as
follows:
  3.  The  sworn members of the New York state police shall be appointed
by the superintendent and permanent appointees may  be  removed  by  the
superintendent  only after a hearing.  MEMBERS WHO HAVE BEEN ASSIGNED OR
APPOINTED AS INVESTIGATORS OR SENIOR  INVESTIGATORS  IN  THE  BUREAU  OF
CRIMINAL INVESTIGATION OR AS A STATION COMMANDER, CORPORAL, ZONE COMMAN-
DER, ZONE SERGEANT, FIRST SERGEANT, STAFF SERGEANT, CAPTAIN OR MAJOR FOR
A  PERIOD  OF  THREE  CONTINUOUS YEARS OR MORE MAY BE REMOVED OR DEMOTED
FROM SUCH ASSIGNMENT OR APPOINTMENT ONLY AFTER A HEARING, THE  PROCEDURE
OF  WHICH  SHALL BE IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE SUPER-
INTENDENT OF STATE POLICE; PROVIDED, HOWEVER, THAT A HEARING  SHALL  NOT
BE REQUIRED WHEN REDUCTION IN RANK FROM SUCH POSITION IS BASED SOLELY ON
REASONS  OF  THE  ECONOMY,  CONSOLIDATION  OR  ABOLITION  OF  FUNCTIONS,
CURTAILMENT OF ACTIVITIES OR OTHERWISE. No person shall be appointed  to
the New York state police force as a sworn member unless he or she shall
be  a  citizen  of the United States, between the ages of twenty-one and
twenty-nine years except that in the  superintendent's  discretion,  the
maximum  age  may  be extended to thirty-five years. Notwithstanding any
other provision of law or any general or special law to the contrary the
time spent on military duty, not exceeding a total of six  years,  shall
be  subtracted  from  the age of any applicant who has passed his or her
twenty-ninth birthday, solely for the purpose of  permitting  qualifica-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01967-01-3

S. 96                               2

tion  as  to  age  and  for no other purpose. Such limitations as to age
however shall not apply to persons appointed to the positions  of  coun-
sel,  first  assistant  counsel, assistant counsel, and assistant deputy
superintendent for employee relations nor to any person appointed to the
bureau of criminal investigation pursuant to section two hundred sixteen
of  this  article nor shall any person be appointed unless he or she has
fitness and good moral character and shall have passed  a  physical  and
mental  examination based upon standards provided by the rules and regu-
lations of the superintendent. Appointments shall be made for  a  proba-
tionary  period  which, in the case of appointees required to attend and
complete a basic training program at the  state  police  academy,  shall
include  such  time  spent  attending the basic school and terminate one
year after successful completion thereof. All other sworn members  shall
be  subject  to  a  probationary  period  of  one  year from the date of
appointment. Following satisfactory completion of the probationary peri-
od the member shall be a permanent appointee. Voluntary  resignation  or
withdrawal  from the New York state police during such appointment shall
be submitted to the superintendent for approval.  Reasonable time  shall
be  required  to  account for all equipment issued or for debts or obli-
gations to the state to be satisfied. Resignation or withdrawal from the
division during a time of emergency, so declared by the governor,  shall
not  be approved if contrary to the best interest of the state and shall
be a misdemeanor. No sworn member removed from the New York state police
shall be eligible for reappointment. The superintendent shall make rules
and regulations subject to approval by the governor for  the  discipline
and  control  of  the  New York state police and for the examination and
qualifications of applicants for appointment as members thereto and such
examinations shall be held and conducted by the  superintendent  subject
to  such  rules  and  regulations.  The  superintendent is authorized to
charge a fee of twenty dollars as an  application  fee  for  any  person
applying  to take a competitive examination for the position of trooper,
and a fee of five dollars for any competitive examination for a civilian
position. The superintendent shall promulgate regulations subject to the
approval of the director of the budget, to provide for a waiver  of  the
application fee when the fee would cause an unreasonable hardship on the
applicant and to establish a fee schedule and charge fees for the use of
state police facilities.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.