Creates a facilitator center for private and parochial schools

1 Co-sponsor

• Ruben Diaz

BILL NUMBER:S1584

Title of bill

An act to amend the civil service law, in relation to the hiring of police officers in the department of environmental conservation

Purpose

This legislation adds DEC police officers and Forrest Ranger to the list of police officers subject to certain basic requirements, including the requirement of good moral character.

Summary of specific provisions

Civil Service law Section 58 is amended to add police office to the definition of police officer and to make confirming amendments.

Existing law

CSL 58 sets forth the requirements for provisional or permanent appointment for certain police officers. These requirements include age, height, weight, physical fitness, and educational requirements, as well as the requirement that the person be of good moral character, The current definition of police officer does not contain EnCon Police Officer, or Forrest Ranger.

Justification

Under the present status and interpretation of the Civil Service law, DEC has no effective way to eliminate certain undesirable candidates for applying for the position of ECO of Forrest Ranger from the hiring eligibility list. Currently DEC may disqualify a candidate only if there is a material misrepresentation on the actual application form. The current law does not allow DEC to eliminate candidates that have lied or mislead interviewers during the course of their extensive character and fitness background investigations and/or those candidates that openly revel prior criminal records or fail to disclose the same. The right to eliminate candidates from hiring eligibility lists is currently exercised by most other state and local police forces in New York pursuant to the eligibility provisions stated in Section 58. This paragraph allows for eligibility to be judged based on a candidates' "good moral character." There is extensive case law available to define "good moral character" and provide guidance (and reasonable limits) to the hiring police agency. Under the present law, DEC is forced to maintain eligibility lists and expand costs to serve candidates that have openly admitted lying or having otherwise made misleading statements in the application process. The extensive background checks conducted in the hiring process also may reveal facts and circumstances in candidates' backgrounds which were previously unknown to DEC. Some candidates which DEC must maintain on its eligibility lists have been eliminated from the eligibility lists of other police agencies in the state as

unfit regarding moral character. These incidents reflect on-the lack of veracity and/or unsuitability of such candidates for police work. This legislation would allow for the lawful elimination of these candidates from DEC's eligibility lists much earlier in the hiring process, thereby allowing for the more efficient use of DEC resources as well as improving the overall professionalism of DEC Officers. This change would also place DEC police officers hiring process on par with those new used by other police agencies in the state.

Prior legislative history

Similar bills 5.4311 of 2006. S. 5113 of 2011-12; referred to Civil Service and Pensions.

Fiscal implications

None.

Effective date

This act shall take effect immediately.