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S96Senate2013-2014 SessionSame asA7219

Provides that investigators within the division of state police who completed three continuous years or more shall not be demoted without a hearing

Sponsor Patrick M. GallivanSD-59+2 co-sponsorsAffects Legal
Status
Vetoed
Impact
Pending
Outcome
Vetoed

Bill progress

Vetoed

What's happening

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Who cares

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

History

  1. Vetoed memo.206
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.254
  6. Substituted for A7219
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 63–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.408
Show 1 earlier action
  1. Referred to finance

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7219Assembly

Provides that investigators within the division of state police who completed three continuous years or more shall not be demoted without a hearing

Assembly Floor Calendar · Sponsor Peter Abbate

Full text

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

Sponsor's memo

BILL NUMBER:S96

Title of bill

An act to amend the executive law, in relation to longevity in title for investigative employees of the division of state police

Purpose

The purpose of this legislation is to grant longevity in title to members of the Bureau of Criminal Investigation (BCI) holding the ranks of Investigator and Senior Investigator and those members of the Uniform Force holding the ranks of Station Commander, Zone Commander, Corporal, Zone Sergeant, First Sergeant, Staff Sergeant, Captain or Major.

Summary of provisions

This bill would provide that members of the Division of State Police who hold the above listed appointed ranks and who have completed three (3) continuous years or more of service in that rank shall not be demoted without a hearing.

Justification

There are currently more than 1,200 members of the New York State Police holding the ranks of Investigator, Senior Investigator, Station commander, Zone Commander, Zone Sergeant, Corporal, First Sergeant, Staff Sergeant, Captain or Major. These positions are non-competitive, with appointment being made by the Superintendent of State police on the basis of merit, hut without competitive examination.

This legislation would simply extend to the State police detective force and certain uniform force ranks the same longevity in title provisions now applying to other police departments within New York State; namely that after three continuous years of service in such positions, they may only be removed in accordance with the protection afforded by Section 75 of the Civil Service Law, This measure would prevent demotion, while permitting reduction in rank if based upon reasons of economy, consolidation or abolition of functions.

Promotion to the Bureau of Criminal Investigation and to those appointed ranks in the Uniform Force should afford the same protection of rights that is enjoyed by police officers in other New York police departments. By having a fair process for demotion from these ranks that is based on just cause and due process, protects those members from the arbitrary and inconsistent application of discipline and insures the integrity of the agency. That process does not exist now.

Legislative history

2011-12 S.6544/A.9431 Vetoed by Governor (VM168)

Fiscal implications

None.

Local 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.