NY State Senate Bill 2023-S2818

Senate Bill S2818

2023-2024 Legislative Session

Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct in certain cases

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Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to civil service and pensions
Jan 24, 2023	referred to civil service and pensions

co-Sponsors

2023-S2818 (ACTIVE) - Details

See Assembly Version of this Bill:: A6033
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §1, Chap 753 of 1990; amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3462
2011-2012: A3054
2013-2014: A4386
2015-2016: A5025
2017-2018: A763
2019-2020: A474
2021-2022: S6436, A1646

2023-S2818 (ACTIVE) - Summary

Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct resulting in death or serious physical injury as defined in section 10.00 of the penal law.

2023-S2818 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2818REVISED 2/13/23

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend chapter 753 of the laws of 1990 amending the civil
service law, relating to suspension of police officers pending determi-
nation of charges; and to amend the civil service law, in relation to
suspension of New York city police officers without pay pending determi-
nation of charges

 
PURPOSE:

To remedy the situation of police officers in the City of. New York, who
after being suspended from duty for a period of no more than 30 days,
are allowed to return to active status prior to the disposition of
formal charges filed against said officer.

 
SUMMARY OF PROVISIONS:

  Section one of the bill amends Chapter 753 of the laws of 1990 provid-
ing  that  a  New  York  City police officer who is subject to a hearing

wherein the charges of incompetence or misconduct  are  because  of  the
death  or  serious  physical  injury to a person may be suspended for an
indefinite period of time without pay pending the disposition of charges
of incompetence or misconduct. This  section  also  defines  "indefinite
period" as ninety days provided that if such determination of charges of
incompetency or misconduct has not been made within the ninety-day peri-
od,  the  period may be extended for an additional thirty days. In addi-
tion, the aforementioned hearing shall be  expedited  and  requires  the
hearing  officer  to set a hearing schedule to ensure that the expedited
hearing is  completed  within  the  required  timeframe.  Finally,  this
section  provides that if the hearing results in the officer being found
to not have acted incompetently or have not committed an act of  miscon-
duct,  the officer shall be restored to their position with full pay for
the period of the suspension minus the amount they received in unemploy-
ment insurance benefits if applicable.

  Section two of the bill amends subdivision 3-a of § 75  of  the  civil
service  law  to  provide  that  a  New  York City police officer who is
subject to a hearing wherein the charges of incompetence  or  misconduct
are  because  of the death or serious physical injury to a person may be
suspended for an indefinite period  of  time  without  pay  pending  the
disposition  of charges of incompetence or misconduct. This section also
defines "indefinite period" as ninety days provided that if such  deter-
mination  of  charges  of  incompetency  or misconduct has not been made
within the ninety-day period, the period may be extended  for  an  addi-
tional  thirty  days.  In  addition, the aforementioned hearing shall be
expedited and requires the hearing officer to set a hearing schedule  to
ensure that the expedited hearing is completed within the required time-
frame. Finally, this section provides that if the hearing results in the
officer  being found to not have acted incompetently or have not commit-
ted an act of misconduct, the officer shall be restored to  their  posi-
tion  with  full  pay  for the period of the suspension minus the amount
they received in unemployment insurance benefits if applicable.

Section three of the bill is the severability clause.  Section  four  of
the bill provides the effective date.

 
JUSTIFICATION:

Currently in New York State, police officers who are awaiting the deter-
mination  of  pending  charges  of  incompetency  or  misconduct  may be
suspended without pay for a period of thirty (30) days. After  a  period
of thirty (30) days, the police officer is returned to normal pay status
regardless of the disposition of the charges.

Certainly police officers, as other New York State residents, are deemed
to  be  innocent  unless and until proven guilty. However, in situations
where an officer is charged with gross incompetence or misconduct  which
result  in  death  or  serious injury, thirty days may not be sufficient
time to investigate charges of this magnitude.

This bill provides for such situations by allowing for an officer to  be
suspended  without  pay  for  an  indefinite  period of time pending the
determination of charges of  incompetence  or  misconduct  resulting  in
death or serious injury.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2021-2022: S6436 (Salazar)- Referred to Civil Service and Pension

ASSEMBLY

1997-1998: A9581 - Referred to Governmental Employees

1999-2000: A1030-A - Referred to Governmental Employees

2001-2002: A3662 - Referred to Governmental Employees

2003-2004: A4983 - Referred to Governmental Employees

2005-2006: A3809 - Referred to Governmental Employees

2007-2008: A4124 - Referred to Governmental Employees

2009-2010: A3462 - Referred to Governmental Employees

2011-2012: A3054 - Referred to Governmental Employees

2015-2016: A5025 - Referred to Governmental Employees

2017-2018: A763 - Referred to Governmental Employees

2019-2020: A474-A - Referred to Governmental Employees

2021-2022: A1646 (Perry)- Referred to Governmental Employees

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately and shall apply to cases pending or arising on or after such
effective date.

2023-S2818 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2818
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions
 
 AN  ACT  to  amend  chapter  753  of the laws of 1990 amending the civil
   service law, relating to suspension of police officers pending  deter-
   mination  of  charges; and to amend the civil service law, in relation
   to suspension of New York city police  officers  without  pay  pending
   determination of charges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 753 of the laws of 1990  amending  the
 civil  service  law,  relating  to suspension of police officers pending
 determination of charges, is amended to read as follows:
   Section 1. Notwithstanding any other provision of law to the contrary,
 police officers as defined in paragraph (d) of subdivision 34 of section
 1.20 of the criminal procedure law and  as  designated  members  of  the
 police department of the city of New York pursuant to section 431 of the
 New  York city charter, pending the determination of charges of incompe-
 tency or misconduct may not be suspended for a period  exceeding  thirty
 days;  PROVIDED, HOWEVER, THAT ANY SUCH POLICE OFFICER WHO IS SUBJECT TO
 A HEARING PURSUANT TO SUBDIVISION 3 OF SECTION 75 OF THE  CIVIL  SERVICE
 LAW  WHEREIN  THE  CHARGES  OF INCOMPETENCY OR MISCONDUCT ARE DUE TO THE
 DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS DEFINED IN SECTION 10.00
 OF THE PENAL LAW MAY BE SUSPENDED WITHOUT PAY FOR AN  INDEFINITE  PERIOD
 PENDING  THE  DETERMINATION OF THE HEARING OF CHARGES OF INCOMPETENCY OR
 MISCONDUCT.
   A. AS USED IN THIS SECTION, "INDEFINITE  PERIOD"  MEANS  A  PERIOD  OF
 NINETY  DAYS, PROVIDED THAT IF A DETERMINATION OF THE CHARGE OF INCOMPE-
 TENCY OR MISCONDUCT FROM THE HEARING HAS NOT BEEN MADE DURING THE NINETY
 DAY PERIOD, SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00508-01-3
 S. 2818                             2

 
   B. A HEARING PURSUANT TO SUBDIVISION 3 OF  SECTION  75  OF  THE  CIVIL
 SERVICE LAW WHEREIN THE CHARGES OF INCOMPETENCY OR MISCONDUCT ARE DUE TO
 THE  DEATH  OR SERIOUS PHYSICAL INJURY TO A PERSON AS DEFINED IN SECTION
 10.00 OF THE PENAL LAW SHALL BE EXPEDITED.   THE HEARING  OFFICER  SHALL
 ESTABLISH  A  HEARING  SCHEDULE TO ENSURE THAT THIS EXPEDITED HEARING IS
 COMPLETED WITHIN THE REQUIRED TIMEFRAMES.
   C. IF, AFTER THE HEARING OF THE CHARGES OF INCOMPETENCY OR MISCONDUCT,
 IT IS DETERMINED THAT THE OFFICER WAS FOUND TO NOT HAVE  ACTED  INCOMPE-
 TENTLY OR COMMITTED AN ACT OF MISCONDUCT, SUCH OFFICER SHALL BE RESTORED
 TO  HIS  OR HER POSITION WITH FULL PAY FOR THE PERIOD OF SUSPENSION LESS
 THE AMOUNT OF ANY UNEMPLOYMENT INSURANCE BENEFITS HE  OR  SHE  MAY  HAVE
 RECEIVED DURING SUCH PERIOD.
   §  2. Subdivision 3-a of section 75 of the civil service law, as added
 by chapter 753 of the laws of 1990, is amended to read as follows:
   3-a. Suspension pending determination of charges and penalties  relat-
 ing to police officers of the police department of the city of New York.
 Pending  the  hearing  and  determination  of charges of incompetency or
 misconduct, a police officer employed by the police  department  of  the
 city of New York may be suspended without pay for a period not exceeding
 thirty  days; PROVIDED HOWEVER, THAT SUCH OFFICER WHO IS SUBJECT TO SUCH
 HEARING WHEREIN SUCH CHARGES OF INCOMPETENCY OR MISCONDUCT  ARE  BROUGHT
 ABOUT AS A RESULT OF THE DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS
 DEFINED  IN  SECTION 10.00 OF THE PENAL LAW MAY BE SUSPENDED WITHOUT PAY
 FOR AN INDEFINITE PERIOD PENDING THE DETERMINATION OF A CHARGE OF INCOM-
 PETENCY OR MISCONDUCT.
   A. AS USED IN THIS SECTION, "INDEFINITE  PERIOD"  MEANS  A  PERIOD  OF
 NINETY  DAYS, PROVIDED THAT IF A DETERMINATION OF THE CHARGE OF INCOMPE-
 TENCY OR MISCONDUCT FROM THE HEARING HAS NOT BEEN MADE DURING THE NINETY
 DAY PERIOD, SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS.
   B. A HEARING PURSUANT TO  THIS  SUBDIVISION  WHEREIN  THE  CHARGES  OF
 INCOMPETENCY  OR  MISCONDUCT  ARE  DUE  TO THE DEATH OR SERIOUS PHYSICAL
 INJURY TO A PERSON AS DEFINED IN SECTION 10.00 OF THE PENAL LAW SHALL BE
 EXPEDITED.  THE HEARING OFFICER SHALL ESTABLISH A  HEARING  SCHEDULE  TO
 ENSURE  THAT  THIS  EXPEDITED  HEARING  IS COMPLETED WITHIN THE REQUIRED
 TIMEFRAMES.
   C. IF, AFTER THE HEARING OF THE CHARGES OF INCOMPETENCY OR MISCONDUCT,
 IT IS DETERMINED THAT THE OFFICER WAS FOUND TO NOT HAVE  ACTED  INCOMPE-
 TENTLY OR COMMITTED AN ACT OF MISCONDUCT, SUCH OFFICER SHALL BE RESTORED
 TO  HIS  OR HER POSITION WITH FULL PAY FOR THE PERIOD OF SUSPENSION LESS
 THE AMOUNT OF ANY UNEMPLOYMENT INSURANCE BENEFITS HE  OR  SHE  MAY  HAVE
 RECEIVED  DURING  SUCH  PERIOD.  If  such officer is found guilty of the
 charges, the police commissioner  of  such  department  may  punish  the
 police  officer pursuant to the provisions of sections 14-115 and 14-123
 of the administrative code of the city of New York.
   § 3. If any item, clause, sentence, subparagraph, subdivision, section
 or other part of this act, or the application thereof to any  person  or
 circumstances  shall  be  held  to  be  invalid,  such holding shall not
 affect, impair or invalidate the remainder of this act, or the  applica-
 tion  of  such  section  or part of a section held invalid, to any other
 person or circumstances, but shall be confined in its operation  to  the
 item, clause, sentence, subparagraph, subdivision, section or other part
 of  this  act  directly  involved  in such holding, or to the person and
 circumstances therein involved.
   § 4. This act shall take effect immediately and shall apply  to  cases
 pending or arising on or after such effective date.

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Senate Bill S2818

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Sponsored By

Julia Salazar