S03062 Summary:

BILL NOS03062A
 
SAME ASSAME AS A05301-A
 
SPONSORYOUNG
 
COSPNSRSEWARD
 
MLTSPNSR
 
Amd §58, Civ Serv L; amd §215, Exec L
 
Eliminates the maximum age for taking the civil service examination for appointment as a police officer or as an environmental conservation officer.
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S03062 Actions:

BILL NOS03062A
 
02/02/2015REFERRED TO CIVIL SERVICE AND PENSIONS
05/18/2015REPORTED AND COMMITTED TO FINANCE
01/06/2016REFERRED TO CIVIL SERVICE AND PENSIONS
02/08/2016AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
02/08/2016PRINT NUMBER 3062A
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S03062 Committee Votes:

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S03062 Floor Votes:

There are no votes for this bill in this legislative session.
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S03062 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3062--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 2, 2015
                                       ___________
 
        Introduced by Sens. YOUNG, SEWARD -- read twice and ordered printed, and
          when  printed  to  be  committed to the Committee on Civil Service and
          Pensions -- recommitted to the Committee on Civil Service and Pensions
          in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN ACT to amend the civil service law and the executive law, in relation
          to  eliminating the maximum age limitation for appointment as a police
          officer or as an environmental conservation officer
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph (a) of subdivision 1 of section 58 of the civil
     2  service law, as amended by chapter 244 of the laws of 2013,  is  amended
     3  to read as follows:
     4    (a)  he  or she is not less than twenty years of age as of the date of
     5  appointment [nor more than thirty-five years of age as of the date  when
     6  the  applicant  takes the written examination, provided that the maximum
     7  age requirement of thirty-five years of age as set forth in  this  para-
     8  graph  shall  not apply to eligible lists finalized pursuant to an exam-
     9  ination administered prior to May thirty-first, nineteen  hundred  nine-
    10  ty-nine   or  a  police  officer  in  the  department  of  environmental
    11  conservation, provided, however, that:
    12    (i) time spent on military duty or on terminal leave, not exceeding  a
    13  total  of  six  years, shall be subtracted from the age of any applicant
    14  who has passed his or her thirty-fifth birthday as provided in  subdivi-
    15  sion ten-a of section two hundred forty-three of the military law;
    16    (ii) such maximum age requirement of thirty-five years shall not apply
    17  to  any  police officer as defined in subdivision thirty-four of section
    18  1.20 of the criminal procedure law, who was continuously employed by the
    19  Buffalo municipal housing authority between January first, two  thousand
    20  five  and June thirtieth, two thousand five and who takes the next writ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06726-02-6

        S. 3062--A                          2

     1  ten exam offered after the effective date of this  subparagraph  by  the
     2  city  of  Buffalo  civil  service  commission for employment as a police
     3  officer in the city of Buffalo police department, or June thirtieth, two
     4  thousand six, whichever is later; and
     5    (iii)  such  maximum  age  requirement  of thirty-five years shall not
     6  apply to any police officer of any county, town, city or village  police
     7  force  not  otherwise  provided for in this section if the eligible list
     8  has been exhausted and there are no other eligible candidates; provided,
     9  however, the police officer themselves are on the eligible list of  such
    10  county,  town,  city or village and meet all other requirements of merit
    11  and fitness set forth by this chapter and do not exceed the maximum  age
    12  of thirty-nine];
    13    §  2. Subdivision 2 of section 58 of the civil service law, as amended
    14  by chapter 244 of the laws of 2013, is amended to read as follows:
    15    2. The provisions of this section shall not prevent any county,  city,
    16  town,  village, housing authority, transit authority, police district or
    17  the department of environmental conservation from setting more  restric-
    18  tive  requirements  of  eligibility for its police officers[, except the
    19  maximum age to be a police officer  as  provided  in  paragraph  (a)  of
    20  subdivision one of this section].
    21    §  3.  Subdivision  4 of section 58 of the civil service law, as sepa-
    22  rately amended by chapters 375 and 397 of the laws of  1990,  paragraphs
    23  (a) and (b) as amended by chapter 561 of the laws of 2015, paragraph (c)
    24  as amended by chapter 190 of the laws of 2008 and subparagraphs (ii) and
    25  (iv) of paragraph (c) as amended by section 58 of subpart B of part C of
    26  chapter 62 of the laws of 2011, is amended to read as follows:
    27    4.  (a) [Any person who has received provisional or permanent appoint-
    28  ment  in  the competitive class of the civil service as a police officer
    29  of the regional state park police, the  state  university  of  New  York
    30  police, the department of environmental conservation or any police force
    31  or police department of any county, city, town, village, housing author-
    32  ity,  transit  authority  or police district shall be eligible to resign
    33  from any police force or police department, and to  be  appointed  as  a
    34  police  officer  in the same or any other police force or police depart-
    35  ment without satisfying the age requirements set forth in paragraph  (a)
    36  of  subdivision one of this section at the time of such second or subse-
    37  quent appointment, provided such second or subsequent appointment occurs
    38  within thirty days of the date of resignation.
    39    (b) Any person who has received permanent appointment in  the  compet-
    40  itive  class  of  the  civil service as a police officer of the regional
    41  state park police, the state university of New York police, the  depart-
    42  ment of environmental conservation or any police force or police depart-
    43  ment  of  any  county,  city,  town, village, housing authority, transit
    44  authority or police district shall be eligible to resign from any police
    45  force or police department and, subject to such civil service  rules  as
    46  may  be  applicable,  shall  be  eligible  for reinstatement in the same
    47  police force or police department or in any other police force or police
    48  department to which he or she was eligible for transfer, without  satis-
    49  fying the age requirements set forth in paragraph (a) of subdivision one
    50  of  this  section at the time of such reinstatement, provided such rein-
    51  statement occurs within one year of the date of resignation.
    52    (c) (i)] Legislative findings and declaration. The legislature  hereby
    53  finds  and  declares  that  it  is frequently impracticable to ascertain
    54  fitness for the positions of detective and investigator  within  various
    55  police  or  sheriffs  departments around the state by means of a compet-
    56  itive examination due to the unique nature of the  duties  assigned  and

        S. 3062--A                          3
 
     1  the  intangible  personal  qualities  needed to perform such duties. The
     2  legislature further finds that competitive examination  has  never  been
     3  employed  in  many police, correction or sheriffs departments, to ascer-
     4  tain fitness for the positions of detective and investigator within such
     5  police, correction or sheriffs departments; such fitness has always been
     6  determined  by  evaluation of the capabilities of an individual (who has
     7  in any case received permanent appointment to  the  position  of  police
     8  officer, correction officer of any rank or deputy sheriff) by superviso-
     9  ry  personnel.  The  legislature  further  finds  that an individual who
    10  performs in an investigatory position in a manner sufficiently satisfac-
    11  tory to the appropriate supervisors to hold such  an  assignment  for  a
    12  period  of eighteen months, has demonstrated fitness for the position of
    13  detective or investigator within such  police,  correction  or  sheriffs
    14  department  at least as sufficiently as could be ascertained by means of
    15  a competitive examination.
    16    [(ii)] (b) Notwithstanding any other provision of law, in  any  juris-
    17  diction,  other  than a city with a population of one million or more or
    18  the state department of corrections  and  community  supervision,  which
    19  does  not administer examinations for designation to detective or inves-
    20  tigator, any person who has received permanent appointment to the  posi-
    21  tion of police officer, correction officer of any rank or deputy sheriff
    22  and is temporarily assigned to perform the duties of detective or inves-
    23  tigator  shall, whenever such assignment to the duties of a detective or
    24  investigator exceeds eighteen months, be  permanently  designated  as  a
    25  detective  or  investigator and receive the compensation ordinarily paid
    26  to persons in such designation.
    27    [(iii)] (c) Nothing contained in [subparagraph (ii)] paragraph (b)  of
    28  this  [paragraph] subdivision  shall be construed to limit any jurisdic-
    29  tion's ability to administer examinations for appointment to  the  posi-
    30  tions  of  detective  and investigator, provided however that any person
    31  temporarily assigned to perform the duties of detective or  investigator
    32  within  the  period  commencing September twenty-third, nineteen hundred
    33  ninety-three through and including the date upon  which  this  paragraph
    34  shall  have  become a law and who has not been designated as a detective
    35  or investigator and who has not been subject to an examination for which
    36  there is a certified eligible list, shall be permanently designated as a
    37  detective or investigator whenever such  assignment  to  the  duties  of
    38  detective or investigator exceeds eighteen months.
    39    [(iv)]  (d)  Detectives  and  investigators designated since September
    40  twenty-third, nineteen hundred ninety  and  prior  to  February  twenty-
    41  fourth, nineteen hundred ninety-five by any state, county, town, village
    42  or  city  (other than a city with a population of one million or more or
    43  the state department of corrections and community  supervision)  police,
    44  correction  or  sheriffs  department, pursuant to the provisions of this
    45  paragraph in effect during such period, who continue to  serve  in  such
    46  positions,  shall  retain their detective or investigator status without
    47  any right to retroactive financial entitlement.
    48    § 4. Subdivision 3 of section 215 of the executive law, as amended  by
    49  chapter 478 of the laws of 2004, is amended to read as follows:
    50    3.  The  sworn members of the New York state police shall be appointed
    51  by the superintendent and permanent appointees may  be  removed  by  the
    52  superintendent only after a hearing. No person shall be appointed to the
    53  New  York state police force as a sworn member unless he or she shall be
    54  a citizen of the United States, [between the ages of] and at least twen-
    55  ty-one [and  twenty-nine  years  except  that  in  the  superintendent's
    56  discretion,  the  maximum  age  may  be  extended  to thirty-five years.

        S. 3062--A                          4

     1  Notwithstanding any other provision of law or any general or special law
     2  to the contrary the time spent on military duty, not exceeding  a  total
     3  of  six years, shall be subtracted from the age of any applicant who has
     4  passed  his  or  her  twenty-ninth  birthday,  solely for the purpose of
     5  permitting qualification as to age and for no other purpose. Such  limi-
     6  tations  as  to  age however shall not apply to persons appointed to the
     7  positions of counsel, first assistant counsel,  assistant  counsel,  and
     8  assistant deputy superintendent for employee relations nor to any person
     9  appointed  to  the  bureau of criminal investigation pursuant to section
    10  two hundred sixteen of this article nor] years of  age.  Nor  shall  any
    11  person  be appointed unless he or she has fitness and good moral charac-
    12  ter and shall have passed a physical and mental examination  based  upon
    13  standards  provided  by the rules and regulations of the superintendent.
    14  Appointments shall be made for a probationary period which, in the  case
    15  of  appointees  required to attend and complete a basic training program
    16  at the state police academy, shall include such time spent attending the
    17  basic school and terminate one year after successful completion thereof.
    18  All other sworn members shall be subject to a probationary period of one
    19  year from the date of appointment. Following satisfactory completion  of
    20  the  probationary  period  the  member  shall  be a permanent appointee.
    21  Voluntary resignation or withdrawal  from  the  New  York  state  police
    22  during  such  appointment  shall  be submitted to the superintendent for
    23  approval.  Reasonable time shall be required to account for  all  equip-
    24  ment  issued  or  for debts or obligations to the state to be satisfied.
    25  Resignation or withdrawal from the division during a time of  emergency,
    26  so  declared  by  the governor, shall not be approved if contrary to the
    27  best interest of the state and shall be a misdemeanor. No  sworn  member
    28  removed  from the New York state police shall be eligible for reappoint-
    29  ment. The superintendent shall make rules  and  regulations  subject  to
    30  approval  by the governor for the discipline and control of the New York
    31  state police and for the examination and  qualifications  of  applicants
    32  for  appointment  as members thereto and such examinations shall be held
    33  and conducted by the superintendent subject  to  such  rules  and  regu-
    34  lations.  The  superintendent  is  authorized  to charge a fee of twenty
    35  dollars as an application fee for any person applying to take a  compet-
    36  itive examination for the position of trooper, and a fee of five dollars
    37  for any competitive examination for a civilian position. The superinten-
    38  dent  shall promulgate regulations subject to the approval of the direc-
    39  tor of the budget, to provide for a waiver of the application  fee  when
    40  the  fee  would  cause  an unreasonable hardship on the applicant and to
    41  establish a fee schedule and charge fees for the  use  of  state  police
    42  facilities.
    43    § 5. This act shall take effect immediately.
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