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S3941Senate2009-2010 Session

Allows a police officer with a permanent appointment to be appointed to the permanent position of detective based on training and experience

Sponsor Suzi OppenheimerSD-37Affects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

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Who cares

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Sponsors

Primary sponsor
Suzi Oppenheimer

Senator · Senate District 37

No co-sponsors yet.

History

  1. Referred to civil service and pensions
  2. Referred to civil service and pensions

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the civil service law, in relation to authorizing the appointment of a police officer to the position of detective based on training and experience

Purpose

An act to amend the civil service law, in relation to authorizing the appointment of a police officer to the position of detective based on training and experience.

Summary of provisions

This bill would authorize a municipal civil service commission to establish rules allowing the appointment of a police officer to the position of detective based upon his or her training and experience.

Effect on existing law

The Court of Appeals in WOOD V. IRVING , 85 N.Y. 2d 238 (1995), struck down Civil Service Law section 58(4)(c) which allowed a police officer to be appointed as a detective if he or she performed detective work for at least eighteen months. The Court ruled that the statute violated the constitution's merit and fitness requirement and indicated that several local jurisdictions use competitive examinations to appoint a detective. This bill clarifies that merit and fitness may also be competitively determined through training and experience.

Justification

The merit and fitness requirement of the constitution is intended to ensure that the most qualified individuals be appointed to permanent civil service positions. Where police officers have satisfactorily performed the duties of a detective for an extended period, a competitive selection process which disregards their experience and uses only a written exam may actually thwart, rather than further, the merit and fitness requirement. This bill will allow all interested police officers to compete for the position of detective by demonstrating their qualifications in a manner which may not be shown through a written examination.

Legislative history

2007-2008: S.5006 Referred to Civil Service and Pensions

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.