|SAME AS||SAME AS UNI. S07055|
|COSPNSR||Raia, Montesano, McDonald, Duprey, Ra, Murray, Crespo, Walter, Garbarino, Giglio, Crouch, Blake, Colton, Jean-Pierre|
|MLTSPNSR||Brabenec, Englebright, McKevitt, McLaughlin|
|Add §209-vv, amd §209-v, Gen Muni L; amd §2.10, CP L|
|Relates to the employment of retired police officers as special security officers by school districts.|
|03/21/2016||referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9576 SPONSOR: Thiele
TITLE OF BILL: An act to amend the general municipal law and the criminal procedure law, in relation to employment of retired police officers by school districts   PURPOSE OR GENERAL IDEA OF BILL: Relates to the employment of retired police officers as special security officers for school districts.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the General Municipal Law by adding a new Section 209-vv relating to employment of retired police officers as special security officers for school districts. Section 2. Subdivision 1 of Section 209-v of the General Municipal Law is amended to include special security officers within the provisions relating to the governing board of any political subdivision's authori- zation of any police or law enforcement agency to employ of specific law enforcement retirees to protect the property or persons on the premises of such political subdivision. Section 3. Section 2.10 of the Criminal Procedure Law is amended by adding a new subdivision 84 to provide that special security officers employed by a school district pursuant to the provisions of Section 209-vv of the General Municipal Law, when acting pursuant to their duties on school grounds during school hours and any school sponsored extracurricular activities on such school grounds, may carry a firearm only upon the approval of the school district and the appropriate licensing pursuant to section 400.00 of the penal law.   JUSTIFICATION: There is no question that the world we live in has changed dramatically with the alarming uptick in terrorist activity, mass shootings and random acts of violence. School districts are being cognizant of their responsibilities by upgrading and strengthening safety procedures in an effort to keep students and school staff out of harm's way. Many school districts feel it is in the best interest of those they serve to retain a retired law enforcement member to provide the most highly skilled and trained security detail. However, the income-earning restrictions set forth in Section 212 of the Retirement and Social Secu- rity Law which limits the amount a retiree may earn upon return to public service to $30,000, hinder a school district's ability to provide the consistent security coverage that a retired law enforcement officer could offer. While there currently is a waiver process for a retired public employee to earn more than $30,000 ("211 Waiver"), the strict and narrow guidelines make the process quite burdensome with no guarantee of approval. As such, school districts are forced to utilize a candidate that may be well trained, but lacks the expertise that can only be acquired through many years of hands-on experience. This legislation would authorize the trustees or board of education of any school district, with approval of the State Education Department, to employ retired former members of police or sheriff's departments, or the division of state police as special security officers. It sets forth an authorization process, application submission guidelines, necessary reporting requirements, and allows a special security officer to carry a firearm if approved by the school district and has the appropriate licensing pursuant to section 400.00 of the penal law. Further, it provides greater flexibility in hiring the best qualified candidate to protect our schools by granting the trustees or board of education of a school district the power the fix the compensation of special security officers not subject to the provisions of Section 212 of the Retirement and Social Security Law. Such compensation would be limited to no more than the difference between their pension and the amount of their final average salary.   PRIOR LEGISLATIVE HISTORY: New Legislation, 2016   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect January 1 next succeeding the date on which it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ S. 7055 A. 9576 SENATE - ASSEMBLY March 21, 2016 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Codes AN ACT to amend the general municipal law and the criminal procedure law, in relation to employment of retired police officers by school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general municipal law is amended by adding a new 2 section 209-vv to read as follows: 3 § 209-vv. Employment of retired police officers as special security 4 officers for school districts. 1. Notwithstanding any other law, rule or 5 regulation, the trustees or board of education of any school district 6 approved pursuant to subdivision two of this section are authorized to 7 employ retired former members of police or sheriff's departments, or the 8 division of state police for the purpose of providing special security 9 officers in the schools of such school district, in order to protect the 10 property or persons on such premises. The trustees or board of education 11 of any school district so authorized shall timely submit the annual 12 report set out in subdivision three of section twenty-eight hundred two 13 of the education law during the length of the authorization. 14 2. (a) To be authorized pursuant to subdivision one of this section, 15 the trustees or board of education of a school district must submit an 16 application to the state department of education which sets forth: 17 (i)the current security arrangements in such district, including the 18 staff providing security, scheduled hours, and duties; 19 (ii)the school violence measures undertaken by the school district, 20 including all school codes and school safety plans required by sections 21 twenty-eight hundred one and twenty-eight hundred one-a of the education 22 law; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14330-01-6S. 7055 2 A. 9576 1 (iii)the security needs which would be addressed by the presence of 2 special security officers in the school or schools in the district. 3 (b) The department of education shall review the application and have 4 sole authority to approve or deny the application. No application shall 5 be approved where the school district has not timely submitted the annu- 6 al report set out in subdivision three of section twenty-eight hundred 7 two of the education law. 8 (c) Such authorization shall be valid for no longer than five years. 9 If, at any time, the trustees or board of education of a school district 10 so authorized fail to timely submit the annual report set out in subdi- 11 vision three of section twenty-eight hundred two of the education law, 12 such authorization shall be suspended pending submission. 13 (d) A special security officer may carry a firearm during the hours of 14 his or her employment subject to prior approval of the school district 15 and appropriate licensing pursuant to section 400.00 of the penal law. 16 3. The trustees or board of education of a school district shall have 17 the power to fix the compensation of persons so employed, either at 18 annual or per diem rates in the manner provided for in this subdivision. 19 Employments provided for in this section shall not be subject to the 20 provisions of section two hundred twelve of the retirement and social 21 security law. The compensation for persons employed by a school 22 district under this section shall not exceed the difference between the 23 amount of his or her pension (excluding the amount of any supplementa- 24 tion thereto) and the amount of his or her final salary as defined by 25 section two hundred ten of the retirement and social security law. 26 § 2. Subdivision 1 of section 209-v of the general municipal law, as 27 amended by chapter 843 of the laws of 1980, is amended to read as 28 follows: 29 1. Notwithstanding any general, local or special law or charter 30 provision, the governing board of any political subdivision may author- 31 ize any police or law enforcement agency of such political subdivision 32 to employ retired former members of police or sheriff's departments, or 33 the division of state police, or retired former correction, parole or 34 probation officers for the purpose of providing special [ patrolmen] 35 security officers in publicly owned property within such political 36 subdivision[ , including property of a school district,] in order to 37 protect the property or persons on such premises. 38 § 3. Section 2.10 of the criminal procedure law is amended by adding a 39 new subdivision 84 to read as follows: 40 84. Special security officers employed by a school district pursuant 41 to section two hundred nine-vv of the general municipal law, when acting 42 pursuant to their duties as such, and such authority being limited to 43 the school grounds, as defined in paragraph (a) of subdivision fourteen 44 of section 220.00 of the penal law, to which they are assigned and 45 limited to the hours of their employment during which classes are in 46 session and during which a school sponsored extracurricular activity is 47 occurring on such school grounds; provided, however, that nothing in 48 this subdivision shall be deemed to authorize such officer to carry, 49 possess, repair or dispose of a firearm unless prior approval has been 50 given by the school district and the appropriate license has been issued 51 pursuant to section 400.00 of the penal law. 52 § 4. This act shall take effect on the first of January next succeed- 53 ing the date on which it shall have become a law.