Relates to the eligibility of military police for appointment to the state police

Summary of provisions

Section 1 amends § 215(3) of the executive law to provide that any applicant to the New York State Police that is a former military police officer shall be eligible for appointment so long as his or her age does not exceed fifty-five years on the date of appointment and provided that his or her application is filed within eight months of their discharge from active military duty.

Section 2 provides the effective date.

Existing law

Pursuant to § 210 of the Executive Law, the division of the state police in the executive department is known as the "New York State Police." The head of the New York State Police shall be the superintendant of state police, appointed by the governor, with the advice and consent of the Senate.

Pursuant to § 215(1) of the Executive Law, the New York State Police shall, in addition to the superintendent, consist of a variety of sworn members, including headquarters staff, majors, lieutenants, first sergeants, sergeants, technical sergeants, corporals, and troopers. Appointment or assignment to such positions shall be made by the super- intendant under his or her discretion as may be required to carry out the purposes of the New York State Police. The superintendant maybe also appoint other additional personnel as may be required for all necessary police purposes, including policing and protecting the lands and park- ways of the state.

Pursuant to § 215(3) of the Executive Law, no person shall be appointed to the New York State Police force as a sworn member unless he or she is a citizen of the United States and is between the ages of twenty-one and twenty-nine years of age. At the superintendant's discretion the maximum age may be extended to thirty-five years. Time spent on military duty, not exceeding a total of six years, shall be subtracted from the age of any applicant who has passed his or her twenty-ninth birthday, solely for the purpose of permitting qualification as to age.

Pursuant to § 215(3-a) of the Executive Law, the superintendent shall promulgate rules and regulations for the administration of supplemental competitive examinations, to be given at not less than six month inter- vals for two years following the application deadline date of the regu- lar competitive examination for the position of trooper, for individuals who, on the application deadline date or on the date of the regular competitive examination, are in the active military service and are otherwise qualified to sit for such exam.

Justification

New York is one of the only states to impose an age limit on its hiring of law enforcement officers. Limiting law enforcement hires based on age, however, has not been shown to increase the effectiveness and effi- cacy of the force. As a result the current law excludes qualified candi- dates based on an arbitrary factor.

A 1993 Pennsylvania State University student entitled, Alternatives to Chronological Age in Determining Standards of Suitability for Public Safety Jobs, found no correlation between age and physical ability. Instead, researchers discovered that lifestyle variables, such as exer- cise and diet, are much more relevant for determining a law enforcement officer's ability to perform his or her work proficiently.

This is especially true of active duty military police officers, who are among the most highly trained and physically competent officers in the armed services. Military Police are the most demanded enabler for major combat operations, stability operations, expeditionary operations, civil assistance, and homeland consequence management. As such, age alone should not proscribe a military police officer's eligibility for appli- cation and appointment to the State Police. To remedy this dispropor- tionality, this bill provides that any applicant to the New York State Police that is a former military police officer shall be eligible for appointment so long as his or her age does not exceed fifty-five years on the date of appointment and provided that his or her application is filed within eight months of their discharge from active military duty.

Ensuring that the best, brightest, and most thoroughly trained individ- uals comprise the New York State Police is an important objective of the legislature. Extending eligibility for state police appointment to high- ly qualified and prepared military police officers, who have only recently ended their active duty commissions, would help ensure that goal. For all of these reasons, it is imperative that this bill is enacted.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.