BILL NO A06553
SAME AS No Same as
MLTSPNSR Clark, Cook, Glick, Hooper, Ortiz, Rivera, Wright
Add S211-b, Lab L
Voids as contrary to public policy provision in contracts for employment in law
enforcement agencies which permit an employee to refuse to cooperate with
agency officials investigating an incident for a period of time following such
incident; applies prospectively.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6553
SPONSOR: Perry (MS)
TITLE OF BILL: An act to amend the labor law, in relation to
contracts for employment in law enforcement agencies
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the inclusion of the 48 hour rule in labor agreements or
contracts with law enforcement agencies which purport to create a period
of time during which an employee may not be subject to questioning by
agency officials regarding incidents which are, or may become the
subject of a departmental investigation, or disciplinary process.
SUMMARY OF SPECIFIC PROVISIONS:
This bill amends the Labor Law by adding a new section 211-B to prohibit
certain contractual agreements relating to the employment of law
enforcement officers in the State of New York. Specifically, contracts,
covenants, agreements or understandings in, or in connection with, or
collateral to an agreement or contract for employment in any law
enforcement agency in the State, shall not include language or provision
which provides an employee who may be involved in or be the subject of a
departmental or disciplinary investigation, the right to refuse to coop-
erate with, or speak to department officials for a designated period.
Section 2. makes the bill applicable to all contracts entered into after
the bill becomes law.
While being the fourth most populous state in the nation, New York is
home to numerous municipal law enforcement agencies, each of which oper-
ate independently, negotiating their individual labor contracts with
various labor organizations and police federations that represent their
employees. The largest of New York's municipal police departments is
the N.Y.P.D., and since New York State laws do not prohibit it, the
N.Y.P.D. has continued to include in its labor contract a provision
known as the "48 Hour Rule".
The 48 Hour Rule provides that an officer under investigation as a
suspect (not witness) involved in an incident is not required to speak
to any ranking member(s) of the department, or a prosecutor about the
incident for two business days (48 hours) following the time the officer
becomes a suspect. Officers who are witnesses cannot be questioned for
four (4) hours after being identified as a witness. If at any time a
witness is in danger of becoming a suspect the 48 Hour Rule takes
According to the New York City Task Force on Police Community Relations,
the public's perception of the 48 Hour Rule is that it provides the
Suspected officer with a 48 hour opportunity to corroborate the story to
fit the evidence, and thereby gives the police an unfair advantage.
Further as the public perception increases the idea that police officers
are held accountable for violating the rights of New Yorkers.
Prohibiting the inclusion of any language or provision which allows a 48
Hour Rule in future labor agreements is good public policy and worthy of
PRIOR LEGISLATIVE HISTORY:
None to the State
This act shall take effect immediately, and shall apply to all contracts
entered into, renewed, modified or amended on and after such date.
STATE OF NEW YORK
2015-2016 Regular Sessions
March 26, 2015
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. CLARK,
COOK, GLICK, HOOPER, ORTIZ, RIVERA, WRIGHT -- read once and referred
to the Committee on Labor
AN ACT to amend the labor law, in relation to contracts for employment
in law enforcement agencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 211-b to
2 read as follows:
3 § 211-b. Contracts; law enforcement agencies; certain provisions
4 prohibited. No contract, covenant, agreement or understanding in, or in
5 connection with or collateral to an agreement or contract for employment
6 in any law enforcement agency in this state shall contain any provision
7 or language which permits any employee of such agency who is involved in
8 an incident, which is or may become the subject of a departmental or
9 agency investigation or disciplinary process, to refuse to cooperate
10 with or speak to agency or department officials for a designated period
11 of time following such incident. Any such language or provision which
12 purports to create such a period of time during which an employee is not
13 required to report an incident or during which such employee may not be
14 subject to questioning by agency officials shall be deemed void as
15 against public policy.
16 § 2. This act shall take effect immediately and shall apply to all
17 contracts entered into, renewed, modified or amended on or after such
18 effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.