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This entry was published on 2021-04-23
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SECTION 209-Q
Permanent appointment of police officers; completion of training program
General Municipal (GMU) CHAPTER 24, ARTICLE 10
§ 209-q. Permanent appointment of police officers; completion of
training program. 1. (a) Notwithstanding the provisions of any general,
special or local law or charter to the contrary, no person shall, after
July first, nineteen hundred sixty, receive an original appointment on a
permanent basis as a police officer of any county, city, town, village
or police district unless such person has previously been awarded a
certificate by the executive director of the municipal police training
council created under article thirty-five of the executive law,
attesting to his satisfactory completion of an approved municipal police
basic training program; and every person who is appointed on a temporary
basis or for a probationary term or on other than a permanent basis as a
police officer of any county, city, town, village or police district
shall forfeit his position as such unless he previously has
satisfactorily completed, or within the time prescribed by regulations
promulgated by the governor pursuant to section eight hundred forty-two
of the executive law, satisfactorily completes, a municipal police basic
training program for temporary or probationary police officers and is
awarded a certificate by such director attesting thereto.

(b) * A certificate attesting to satisfactory completion of an
approved municipal police basic training program awarded by the
executive director of the municipal police training council pursuant to
this subdivision shall remain valid:

* NB Effective until October 16, 2021

* Except as provided in paragraph (b-1) of this subdivision a
certificate attesting to satisfactory completion of an approved
municipal police basic training program awarded by the executive
director of the municipal police training council pursuant to this
subdivision shall remain valid:

* NB Effective October 16, 2021

(i) during the holder's continuous service as a police officer or
peace officer who has an equivalency certificate for police officer
training or an approved course for state university of New York public
safety officers issued in accordance with subdivision three of section
eight hundred forty-one of the executive law; and

(ii) for two years after the date of the commencement of an
interruption in such service where the holder had, immediately prior to
such interruption, served as a police officer or peace officer who has
an equivalency certificate for police officer training or an approved
course for state university of New York public safety officers issued in
accordance with subdivision three of section eight hundred forty-one of
the executive law, for less than two consecutive years; or

(iii) for four years after the date of the commencement of an
interruption in such service where the holder had, immediately prior to
such interruption, served as a police officer or peace officer who has
an equivalency certificate for police officer training or an approved
course for state university of New York public safety officers issued in
accordance with subdivision three of section eight hundred forty-one of
the executive law, for two consecutive years or longer; or

(iv) where the holder, whose interruption in continuous service as a
police officer does not exceed ten years, has satisfactorily completed
an approved police officer refresher course or where a peace officer,
who seeks an equivalency certificate for police officer training or an
approved course for state university of New York public safety officers
issued in accordance with subdivision three of section eight hundred
forty-one of the executive law, has satisfactorily completed relevant
police officer training courses, as prescribed by the municipal police
training council.

* (b-1) A certificate awarded under paragraph (b) of this subdivision
may be permanently invalidated upon an officer's removal for cause in
accordance with subdivisions two and three of section eight hundred
forty-five of the executive law. An officer whose certificate is
invalidated under this paragraph may be ineligible for any future
certification.

* NB Effective October 16, 2021

(c) As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a police officer or peace
officer who has an equivalency certificate for police officer training
or an approved course for state university of New York public safety
officers issued in accordance with subdivision three of section eight
hundred forty-one of the executive law, by reason of such officer's
leave of absence, resignation or removal, other than removal for cause.

1-a. Notwithstanding the provisions of any general, special or local
law or charter, the promotion of any police officer to a first-line
supervisory position on or after July first, nineteen hundred
sixty-seven, shall not become permanent unless such police officer has
previously been awarded a certificate by the executive director of the
municipal police training council created under article nineteen-f of
the executive law, attesting to his satisfactory completion of an
approved course in police supervision as prescribed by the municipal
police training council. Any police officer who is promoted on any basis
to a first-line supervisory position on or after July first, nineteen
hundred sixty-seven shall forfeit such promotion unless he previously
has satisfactorily completed, or within the time prescribed by
regulations promulgated by the governor pursuant to section four hundred
eighty-four of the executive law satisfactorily completes, the
prescribed course in police supervision and is awarded a certificate by
such director attesting thereto.

2. * a. The term "police officer", as used in this section, shall mean
a member of a police force or other organization of a municipality or a
detective or rackets investigator employed by the office of the district
attorney in any county located in a city of one million or more persons
who is responsible for the prevention or detection of crime and the
enforcement of the general criminal laws of the state, but shall not
include any person serving as such solely by virtue of his occupying any
other office or position, nor shall such term include a sheriff or
under-sheriff, the sheriff or deputy sheriff of the city of New York,
commissioner of police, deputy or assistant commissioner of police,
chief of police, deputy or assistant chief of police or any person
having an equivalent title who is appointed or employed by a county,
city, town, village or police district to exercise equivalent
supervisory authority.

* NB Effective until October 16, 2021

* a. The term "police officer", as used in this section, shall mean a
person defined as a police officer pursuant to subdivision thirty-four
of section 1.20 of the criminal procedure law who is appointed or
employed by a county, city, town, village or police district.

* NB Effective October 16, 2021

b. The term "first-line supervisory position", as used in this
section, shall mean the position or rank of a police officer next above
the beginning rank of patrolman or the rank equivalent to patrolman,
which requires performance of supervisory duties.

3. The provisions of subdivisions one and one-a of this section shall
not apply to a city having a population of one million or more to the
extent that such city has, by regulation promulgated by the governor
pursuant to section eight hundred forty of the executive law, been
exempted from the provisions of article thirty-five of the executive
law.

4. Nothing in this section shall be construed to except any police
officer, or other officer or employee from the provisions of the civil
service law.