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A08508 Summary:

BILL NOA08508
 
SAME ASSAME AS S01332-B
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §§210 & 211, add §210-a, Exec L
 
Relates to the appointment and reporting duties of the superintendent of the state police and to the appointment of employees of the state police; requires the approval of certain duties of the state police by the superintendent of the state police.
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A08508 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8508
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 13, 2021
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT  to  amend the executive law, in relation to the appointment and
          reporting duties of  the  superintendent  of  the  state  police,  the
          appointment  of  employees  of  the  state  police and the approval of
          certain duties of the state police
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 210 of the executive law, as amended by chapter 169
     2  of the laws of 1994, is amended to read as follows:
     3    § 210. Division  of  state police. (a) The division of state police in
     4  the executive department shall be known as the "New York State Police."
     5    (b) (1) The head of the New York state police shall be the superinten-
     6  dent of state police who shall be appointed by the governor by and  with
     7  the  advice and consent of the senate, and hold office during his or her
     8  pleasure. The superintendent shall be a  member  of  the  state  police,
     9  shall  receive  as  salary  such  sum as may be appropriated by law, and
    10  shall accrue such leave credits and be eligible for the same  retirement
    11  benefits,  service credits and other benefits as any other member of the
    12  state police. The superintendent of state police shall have  control  of
    13  all  staffing decisions, resource allocation and unit assignments within
    14  the state police. If, prior to appointment, the superintendent served as
    15  a member of the state police, he or  she,  upon  appointment,  shall  be
    16  entitled  to continue to accrue and receive such credits and benefits as
    17  he or she would have been  entitled  to  accrue  and  receive  prior  to
    18  appointment.
    19    (2) If, prior to his or her appointment, the superintendent shall have
    20  served  as  a  member  of  the State Police for a period of ten years or
    21  more, he or she shall, provided he or she is not  eligible  for  retire-
    22  ment,  upon  termination  of  service as superintendent, be reappointed,
    23  without examination, as a member of the state police in the  grade  held
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05755-05-1

        A. 8508                             2
 
     1  by  him  or  her prior to appointment as superintendent, notwithstanding
     2  the absence of any vacancy in such grade.  For the purpose of  determin-
     3  ing  the annual salary to be paid upon such reappointment, the period of
     4  service  as  superintendent  shall be counted as service in the grade to
     5  which reappointed.
     6    (3) Effective with respect to any individual appointment by the gover-
     7  nor, by and with the advice and consent of  the  senate,  after  January
     8  first,  two  thousand twenty-two, the term of service of the superinten-
     9  dent of the state police shall be seven years. A superintendent may  not
    10  serve more than one seven-year term.  The appointment of the first depu-
    11  ty superintendent shall also be subject to senate confirmation.
    12    (4)  Notwithstanding  sections  thirty-three and thirty-three-a of the
    13  public officers law, a superintendent shall be removed from  office  for
    14  failure  to  fulfill  his  or her duties by the governor and with a two-
    15  thirds vote of the whole number of members of each house of the legisla-
    16  ture or in accordance with the provisions of paragraphs e,  f  or  g  of
    17  subdivision one of section thirty of the public officers law.
    18    (5)  In  the  event the superintendent resigns from office, is removed
    19  from office or is incapable of continuing  in  office  due  to  physical
    20  illness,  mental  illness or death the first deputy superintendent shall
    21  assume the superintendent position.  If after forty-five days the gover-
    22  nor has not appointed a new superintendent to a  full  term,  the  first
    23  deputy  superintendent  shall  complete  the  remainder  of the previous
    24  superintendent's term.  Upon assumption of the duties of superintendent,
    25  the first deputy superintendent shall be subject to all requirements and
    26  provisions associated with the superintendent's position. If  the  first
    27  deputy  superintendent  completes  the  term  of  a previously appointed
    28  superintendent, the first deputy is eligible for appointment to  a  full
    29  term  as  superintendent  in  his  or her own right. All other potential
    30  replacements within the ranks of the state police or  from  outside  its
    31  ranks  for  superintendent,  in  the event the first deputy is unable to
    32  complete the previous superintendent's position,  shall  have  the  same
    33  rights and eligibilities as the first deputy superintendent and shall be
    34  subject  to  all  the  requirements  and  provisions associated with the
    35  superintendent.
    36    § 2. The executive law is amended by adding a  new  section  210-a  to
    37  read as follows:
    38    §  210-a.  Superintendent's annual reports and biennial testimony. (a)
    39  The superintendent shall submit an annual report to  the  governor,  the
    40  temporary  president  of  the  senate,  the speaker of the assembly, the
    41  minority leader of the senate and the minority leader of the assembly no
    42  later than September first of each year.
    43    (1) Such report shall contain the following information:
    44    (A) a detailed description of any  special  requests  made  by  or  on
    45  behalf  of the governor or any member of the legislature for services of
    46  the state police beyond  traditional  services  provided  by  the  state
    47  police.  Such description shall include whether the request was approved
    48  or denied by the superintendent of state police;
    49    (B) a detailed description of any information, unless it is privileged
    50  or  requires confidentiality, provided by the state police to the gover-
    51  nor, and/or his or her staff, and/or to any member of  the  legislature,
    52  and/or  his  or her staff, beyond the general programmatic and budgetary
    53  reporting requirements of the state police  and  a  description  of  the
    54  purpose for which such information was provided;
    55    (C)  a  description  of  any special disciplinary actions taken by the
    56  superintendent regarding inter- or intra-governmental affairs  involving

        A. 8508                             3
 
     1  state  police  personnel,  based upon special requests made to the state
     2  police by or on behalf of the governor, any member  of  the  legislature
     3  and/or any other public or quasi-public entity;
     4    (D) a description of each request made by or on behalf of the governor
     5  and/or his or her staff, and/or any member of the legislature and/or his
     6  or  her staff, for information of any kind other than the general infor-
     7  mation provided by the state police to the executive branch, the  legis-
     8  lative branch, public authorities or local government entities; and
     9    (E)  a  description  of all officer transfers to or from the executive
    10  services unit or any other unit associated with security and/or protect-
    11  ing other elected officials, and reason for the  change.  For  transfers
    12  from  the  executive  services  unit  the superintendent of state police
    13  shall include a description of what unit the officer transferred to. All
    14  officer transfers to or from the executive services unit  shall  require
    15  the approval of the superintendent of state police.
    16    (2)  The  superintendent shall include a signed certification with the
    17  report that the information provided is true to the best of his  or  her
    18  knowledge.  If  such certification is found to be false, the superinten-
    19  dent may be subject to removal by the legislature.
    20    (b) Every two years, commencing in two thousand twenty-two, the super-
    21  intendent shall attend a proceeding to testify before the senate finance
    22  committee, the assembly ways and means committee,  the  senate  investi-
    23  gations  and government operations committee and the assembly oversight,
    24  analysis and investigation committee to review the personnel and  admin-
    25  istrative activities of the state police and the future plans and initi-
    26  ative of the state police. Such proceeding shall be conducted jointly at
    27  the  direction  of the temporary president of the senate and the speaker
    28  of the assembly and shall take place no later  than  November  first  of
    29  every other year during which the proceeding is conducted.
    30    (c)  The  reporting requirements described in this section shall be in
    31  addition to, and not  in  lieu  of,  any  other  reporting  requirements
    32  provided by law.
    33    (d)  As  used  in  this section, "traditional services" means services
    34  rendered by the state police  to:
    35    (1) protect people and property;
    36    (2) prevent and detect crime and other violations of  law  and  pursue
    37  criminal  investigations  and  arrest criminals; and make roads safe for
    38  all users;
    39    (3) reduce  the  deaths,  injuries and property damage caused by motor
    40  vehicle accidents through   vehicle   and   traffic   enforcement    and
    41  education;
    42    (4)  provide   disorder  control  and security in all types of natural
    43  and man-made emergencies; and provide for the  safety  and  security  of
    44  individuals  and  groups  of citizens in furtherance  of  their  rights,
    45  duties  and responsibilities; and
    46    (5) support other entities by creating  partnerships  for  safety  and
    47  security  with  individuals,  groups    and   communities throughout the
    48  state.
    49    § 3. Section 211 of the executive law, as amended by  chapter  331  of
    50  the laws of 1993, is amended to read as follows:
    51    § 211. Employees. (a) The superintendent may appoint such employees as
    52  may  be  necessary  and fix their compensation within such sum as may be
    53  appropriated by law. Persons appointed to competitive  positions  within
    54  the  division  who meet the definition of veteran or disabled veteran as
    55  defined in section eighty-five of the civil service law shall  be  enti-
    56  tled to additional credit and preference as conferred by that law and in

        A. 8508                             4

     1  the  same  manner, except that, notwithstanding any law to the contrary,
     2  with respect to any candidate applying for credit in a competitive exam-
     3  ination for original appointment as a disabled or non-disabled  veteran,
     4  such  candidate  may  apply provisionally for such credit while still an
     5  active member of the armed forces. The application for provisional cred-
     6  it may be made at any time between the date of his  or  her  application
     7  for the competitive examination and the date the eligible list is estab-
     8  lished.  In  cases  where  there has been a provisional application, the
     9  superintendent shall grant final credit only if the candidate renews his
    10  or her application within  ninety  days  following  termination  of  the
    11  candidate's  military duty, and the candidate's period of eligibility on
    12  the list has not expired, and the candidate  satisfies  the  appropriate
    13  statutory  requirements  for  eligibility. Pending the granting of final
    14  credit, the candidate's ranking on any eligible list shall  reflect  the
    15  provisional credit.
    16    (b)  (1)  Any employee appointed to the executive services unit or any
    17  other unit associated with  security  and/or  protecting  other  elected
    18  and/or public officials shall hold such appointment for no more than two
    19  years after which period, the employee shall be reappointed to the posi-
    20  tion  he  or she held prior to the appointment to the executive services
    21  unit or any other unit associated with security and/or protecting  other
    22  elected  and/or public officials or to such other position and duties as
    23  are determined by the superintendent.
    24    (2) No employee appointed as provided in paragraph one of this  subdi-
    25  vision  shall  provide  services  that  constitute  a  violation  of the
    26  provisions of paragraph (d) of subdivision three of section seventy-four
    27  of the public officers law.   Any requests for such  services  shall  be
    28  referred  by  the  employee  to  his or her superior who shall refer the
    29  request to the  superintendent.  The  superintendent  shall  approve  or
    30  disapprove all such requests.
    31    §  4. This act shall take effect on the first of January next succeed-
    32  ing the date upon which it shall have become a law.
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