What's happening
This bill allows New York school districts to employ retired police officers as armed special security officers, subject to state approval and reporting requirements.
Why it matters
Provides a pathway for retired police officers to work as armed security in schools, but only after detailed review and approval by the State Education Department. requiring districts to demonstrate existing security measures, outline their needs, and maintain up-to-date safety reporting.
Limits the authority and firearm use of these special security officers strictly to school grounds, and only during school hours or school-sponsored events. helping ensure that armed presence is confined to specific times and places, rather than general, all-hours coverage.
Sets compensation rules that prevent double-dipping. officers’ pay is capped so that their combined pension and new salary cannot exceed their previous final salary, and exempts their employment from certain public-sector earnings limits.
Requires ongoing compliance and oversight. districts must keep up with annual safety reporting or risk suspension of their authority to employ these officers, embedding a layer of accountability and state oversight.
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Who cares
School boards and district trustees
They could hire eligible retired police officers as special security officers with State Education Department approval and decide whether to permit licensed officers to carry firearms.
Retired police officers
Eligible retirees could take school security jobs exempt from Retirement and Social Security Law section 212, with pay capped at the difference between their pension, excluding supplements, and final salary.
State Education Department
It would have sole authority to approve or deny district applications, with approvals lasting no more than five years and suspended if required annual reports are late.
Students and school staff
They could encounter special security officers with peace officer authority limited to assigned school grounds and specified working hours involving classes and school-sponsored extracurricular activities.
Headline styles
Hire Retired Cops for Schools
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 4050a
- Amend and recommit to local government
- Referred to local government
- Referred to local government
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.
Hire Retired Cops for Schools
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4050--A A. 4292--A
2017-2018 Regular Sessions
SENATE - ASSEMBLY
February 2, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA, MONTESANO, McDONALD, RA, MURRAY, CRESPO, WALTER, GARBARINO, GIGLIO, CROUCH, BLAKE, COLTON, JEAN-PIERRE, SANTABARBARA, NORRIS -- Multi-Sponsored by -- M. of A. BRABENEC, ENGLEBRIGHT, PALMESANO, RAMOS -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general municipal law and the criminal procedure law, in relation to employment of retired police officers by school districts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general municipal law is amended by adding a new section 209-vv to read as follows:
§ 209-vv. Employment of retired police officers as special security officers for school districts. 1. Notwithstanding any other law, rule or regulation, the trustees or board of education of any school district approved pursuant to subdivision two of this section are authorized to employ retired former police officers as defined in paragraphs (a), (b), (c), (d), (e), (j), (k), (s), (t) and (v) of subdivision thirty-four of section 1.20 of the criminal procedure law for the purpose of providing special security officers in the schools of such school district, in order to protect the property or persons on such premises. The trustees or board of education of any school district so authorized shall timely
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04113-02-8
S. 4050--A 2 A. 4292--A
submit the annual report set out in subdivision three of section twenty-eight hundred two of the education law during the length of the authorization.
2. (a) To be authorized pursuant to subdivision one of this section, the trustees or board of education of a school district must submit an application to the state department of education which sets forth:
(i) the current security arrangements in such district, including the staff providing security, scheduled hours, and duties;
(ii) the school violence measures undertaken by the school district, including all school codes and school safety plans required by sections twenty-eight hundred one and twenty-eight hundred one-a of the education law; and
(iii) the security needs which would be addressed by the presence of special security officers in the school or schools in the district.
(b) The department of education shall review the application and have sole authority to approve or deny the application. No application shall be approved where the school district has not timely submitted the annual report set out in subdivision three of section twenty-eight hundred two of the education law.
(c) Such authorization shall be valid for no longer than five years. If, at any time, the trustees or board of education of a school district so authorized fail to timely submit the annual report set out in subdivision three of section twenty-eight hundred two of the education law, such authorization shall be suspended pending submission.
(d) A special security officer may carry a firearm during the hours of his or her employment subject to prior approval of the school district and appropriate licensing pursuant to section 400.00 of the penal law.
3. The trustees or board of education of a school district shall have the power to fix the compensation of persons so employed, either at annual or per diem rates in the manner provided for in this subdivision. Employments provided for in this section shall not be subject to the provisions of section two hundred twelve of the retirement and social security law. The compensation for persons employed by a school district under this section shall not exceed the difference between the amount of his or her pension (excluding the amount of any supplementation thereto) and the amount of his or her final salary as defined by section two hundred ten of the retirement and social security law.
§ 2. Subdivision 1 of section 209-v of the general municipal law, as amended by chapter 843 of the laws of 1980, is amended to read as follows:
1. Notwithstanding any general, local or special law or charter provision, the governing board of any political subdivision may authorize any police or law enforcement agency of such political subdivision to employ retired former members of police or sheriff's departments, or the division of state police, or retired former correction, parole or probation officers for the purpose of providing special [patrolmen] security officers in publicly owned property within such political subdivision[, including property of a school district,] in order to protect the property or persons on such premises.
§ 3. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 85 to read as follows:
85. Special security officers employed by a school district pursuant to section two hundred nine-vv of the general municipal law, when acting pursuant to their duties as such, and such authority being limited to the school grounds, as defined in paragraph (a) of subdivision fourteen of section 220.00 of the penal law, to which they are assigned and
S. 4050--A 3 A. 4292--A
limited to the hours of their employment during which classes are in session and during which a school sponsored extracurricular activity is occurring on such school grounds; provided, however, that nothing in this subdivision shall be deemed to authorize such officer to carry, possess, repair or dispose of a firearm unless prior approval has been given by the school district and the appropriate license has been issued pursuant to section 400.00 of the penal law.
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law and the criminal procedure law, in relation to employment of retired police officers by school districts
Purpose
Relates to the employment of retired police officers as special security officers for school districts.
Summary of provisions
Section 1. Amends the general municipal law by adding a new section 209-vv relating to employment of retired police officers as special security officers for school districts.
Read the full memo (610 words)
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 authori- zation 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 85 to provide that special security officers employed by a school district pursuant to the provisions of section 209-vv o the general municipal law, when acting pursuant to their duties on school grounds during school hours and any school sponsored extracur- ricular activities on such school grounds, may carry a firearm only upon the approval of the school district and the appropriate licensing pursu- ant 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 secu- rity 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 to 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.
Legislative history
S.7055A/A.9576A.
Fiscal implications
TBD.
Effective date
This act shall take effect January 1 next succeeding the date on which it shall have become a law.
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