What's happening
This bill requires a hearing before removing or demoting certain long-serving investigative state police officers, except for economic or organizational reasons.
Why it matters
Increases job security for experienced investigators and commanding officers. By requiring a hearing before removal or demotion of officers who have served three or more continuous years in key investigative or leadership roles, the bill provides greater employment protections for these long-serving personnel.
Limits arbitrary or politically motivated removals. The mandated hearing process helps ensure that decisions to demote or remove covered officers are based on documented reasons and due process, potentially reducing the risk of unfair or retaliatory personnel actions.
Distinguishes between economic/organizational and disciplinary actions. The bill makes clear that hearings are not required if a demotion or removal is due strictly to budget cuts, consolidation, or similar organizational changes, focusing procedural protections on situations where individual performance or conduct is at issue.
Could impact morale and retention. By providing additional procedural safeguards for officers in sensitive positions, the legislation may encourage retention of experienced investigators and leaders, potentially improving institutional knowledge and stability within the state police.
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Who cares
Bureau of Criminal Investigation investigators and senior investigators
Those with at least three continuous years in their assignment or appointment would gain a right to a hearing before removal or demotion, subject to specified exceptions.
State Police station commanders, zone commanders, zone sergeants, first sergeants, captains and majors
Those serving at least three continuous years in these positions would receive the same hearing protection against removal or demotion.
State Police superintendent
The bill would require the superintendent to adopt hearing procedures while allowing rank reductions without a hearing when based solely on economy, consolidation or abolition of functions, or curtailment of activities.
Headline styles
Protect State Police Investigators
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported referred to codes
- Referred to governmental employees
- Referred to governmental employees
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.
Protect Investigators' Job Security
In Senate Committee · Finance · Sponsor John J. Bonacic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7139
2017-2018 Regular Sessions
IN ASSEMBLY
April 10, 2017
Introduced by M. of A. MORELLE -- read once and referred to the Committee on Governmental Employees
AN ACT to amend the executive law, in relation to longevity in title for investigative employees of the division of state police
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 215 of the executive law, as amended by chapter 478 of the laws of 2004, is amended to read as follows:
3. The sworn members of the New York state police shall be appointed by the superintendent and permanent appointees may be removed by the superintendent only after a hearing. Members who have been assigned or appointed as investigators or senior investigators in the bureau of criminal investigation or as a station commander, zone commander, zone sergeant, first sergeant, captain or major for a period of three continuous years or more may be removed or demoted from such assignment or appointment only after a hearing, the procedure of which shall be in accordance with regulations adopted by the superintendent of state police; provided, however, that a hearing shall not be required when reduction in rank from such position is based solely on reasons of the economy, consolidation or abolition of functions, or curtailment of activities. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twenty-nine years except that in the superintendent's discretion, the maximum age may be extended to thirty-five years. Notwithstanding any other provision of law or any general or special law to the contrary the 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 and for no other purpose. Such limitations as to age however shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10724-02-7
A. 7139 2
apply to persons appointed to the positions of counsel, first assistant counsel, assistant counsel, and assistant deputy superintendent for employee relations nor to any person appointed to the bureau of criminal investigation pursuant to section two hundred sixteen of this article nor shall any person be appointed unless he or she has fitness and good moral character and shall have passed a physical and mental examination based upon standards provided by the rules and regulations of the superintendent. Appointments shall be made for a probationary period which, in the case of appointees required to attend and complete a basic training program at the state police academy, shall include such time spent attending the basic school and terminate one year after successful completion thereof. All other sworn members shall be subject to a probationary period of one year from the date of appointment. Following satisfactory completion of the probationary period the member shall be a permanent appointee. Voluntary resignation or withdrawal from the New York state police during such appointment shall be submitted to the superintendent for approval. Reasonable time shall be required to account for all equipment issued or for debts or obligations to the state to be satisfied. Resignation or withdrawal from the division during a time of emergency, so declared by the governor, shall not be approved if contrary to the best interest of the state and shall be a misdemeanor. No sworn member removed from the New York state police shall be eligible for reappointment. The superintendent shall make rules and regulations subject to approval by the governor for the discipline and control of the New York state police and for the examination and qualifications of applicants for appointment as members thereto and such examinations shall be held and conducted by the superintendent subject to such rules and regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.