Makes provisions regarding the employment of peace officers and police officers

Summary of specific provisions

Bill § 1 amends the Civil Service Law by adding a new §55-d, providing that no person shall be eligible for appointment as a peace officer or police officer if such person has previously been convicted of any offense under or violation of the Civil Rights Law or the Human Rights Law. Bill §2 amends Civil Service Law §75-b by adding a new subdivision 3-b, providing for permissive suspension without pay for not more than 30 days when a peace officer or police officer is facing pending charges on such offenses or violations, and for immediate dismissal upon conviction.

Justification

Presently, any police officers or peace officers who violate civil rights or human rights laws are not mandated to vacate their position, and it is up to the department involved to take disciplinary action. Here is where further abuse takes place. In police departments around the state, officers found guilty of violating civil/human rights have been allowed to stay employed in their position. Many times, these same officers have committed the same crimes again and again and are still not removed from their positions.

The consequences of these actions are far reaching and have considerable negative impact on how police forces are viewed. Not only is community trust diminished when there is no disciplining involved but there is also an economic component to this problem. In civil cases, federal and state courts have awarded plaintiffs millions of dollars in damages. The municipalities involved in the cases then use taxpayers' money to pay the damages. They must also pay the thousands of dollars, per case, it takes to provide legal counsel for the officers charged with rights violations.

In the City of Albany, the home of the New York State Legislature, examples of the abuses this legislation is aimed at preventing are vivid. Over the last twelve years, Albany has paid out over half a million dollars in awards because of police abuses. This figure does not include the legal costs incurred by the city defending the officers involved. In addition, officers who have been found guilty of civil rights law violations are still on the force. This scenario is repeated throughout our state. The costs involved are measured in the public's loss of respect for the police and peace officers as well as the tens of millions of dollars paid out by taxpayers for the abuses of civil servants they have entrusted with the power of a badge and a gun -- at the same time police departments around the state are establishing "citizen-police academies" to improve community relations. Until fair and adequate disciplinary action is taken against police/peace officers who violate civil/human rights laws, these attempts are futile in their mission.

To make matters worse, even if a municipality fires from its workforce a peace/police officer found guilty of violating rights laws, this same officer can then go to the next town, county or city and find employment as a police/peace officer once again. This bill would forever prohibit that individual from being employed as a police/peace officer in any county, town, city, village or authority in the State of New York. This legislation would also provide for administrative discretion to suspend without pay, for a period of thirty days, a police/peace officer pending hearing and determination of charges of any offense or violation of civil/human rights laws.

Prior legislative history

A.6105(1999-2000) A.4803(2001-02) A.7241(2003-04) A.2811(2005-06) (All bills referred to Assembly Governmental Employees Committee.)

Fiscal implications

None. In fact, this act will save New York State taxpayers millions of dollars.

Effective date

This act shall take effect immediately.