Relates to the employment of retired police officers by school districts

Section 2. Subdivision 1 of Section 209-v of the General Municipal Law is amended to include special security officers within the provisions relating to the governing board of any political subdivision's authorization of any police or law enforcement agency to employ of specific law enforcement retirees to protect the property or persons on the premises of such political subdivision.

Section 3. Section 2.10 of the Criminal Procedure Law is amended by adding a new subdivision 84 to provide that special security officers employed by a school district pursuant to the provisions of Section 209-vv of the General Municipal Law, when acting pursuant to their duties on school grounds during school hours and any school sponsored extracurricular activities on such school grounds, may carry a firearm only upon the approval of the school district and the appropriate licensing pursuant to section 400.00 of the penal law.

Justification

There is no question that the world we live in has changed dramatically with the alarming uptick in terrorist activity, mass shootings and random acts of violence. School districts are being cognizant of their responsibilities by upgrading and strengthening safety procedures in an effort to keep students and school staff out of harm's way.

Many school districts feel it is in the best interest of those they serve to retain a retired law enforcement member to provide the most highly skilled and trained security detail. However, the income-earning restrictions set forth in Section 212 of the Retirement and Social Security Law which limits the amount a retiree may earn upon return to public service to $30,000, hinder a school district's ability to provide the consistent security coverage that a retired law enforcement officer could offer. While there currently is a waiver process for a retired public employee to earn more than $30,000 ("211 Waiver"), the strict and narrow guidelines make the process quite burdensome with no guarantee of approval. As such, school districts are forced to utilize a candidate that may be well trained, but lacks the expertise that can only be acquired through many years of hands-on experience.

This legislation would authorize the trustees or board of education of any school district, with approval of the State Education Department, to employ retired former members of police or sheriff's departments, or the division of state police as special security officers. It sets forth an authorization process, application submission guidelines, necessary reporting requirements, and allows a special security officer to carry a firearm if approved by the school district and has the appropriate licensing pursuant to section 400.00 of the penal law. Further, it provides greater flexibility in hiring the best qualified candidate to protect our schools by granting the trustees or board of education of a school district the power the fix the compensation of special security officers not subject to the provisions of Section 212 of the Retirement and Social Security Law. Such compensation would be Limited to no more than the difference between their pension and the amount of their final average salary.

Prior legislative history

New Legislation, 2016

Fiscal implications

To be determined.

Effective date

This act shall take effect January 1 next succeeding the date on which it shall have become a law.