What's happening
This bill requires a hearing before New York State Police members with three years in certain assignments can be removed or demoted, except for economic or organizational reasons.
Why it matters
Strengthens job security for experienced officers. By requiring a hearing before removal or demotion of State Police members with three or more years in specific supervisory or investigative roles, the bill provides greater stability and protection for those who have demonstrated commitment and service.
Limits arbitrary or politically motivated personnel actions. The hearing requirement creates a formal process, helping to ensure that removals or demotions are based on substantiated reasons rather than subjective or potentially retaliatory decisions.
Exempts economic or organizational downsizing. The exception for actions taken solely due to economic, consolidation, or curtailment reasons ensures that the state can still restructure or reduce its workforce when necessary without being hampered by procedural delays, balancing employee rights with operational needs.
May impact leadership development and internal mobility. By making it harder to reassign or demote long-serving officers in key roles, the bill could affect how the State Police manages talent, promotions, and assignments, potentially leading to longer tenures in certain leadership positions.
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Who cares
Headline styles
Protect State Police Assignments
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
2 Co-sponsors
History
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7898
IN SENATE
March 7, 2018
Introduced by Sens. GALLIVAN, BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to sworn members of the New York 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, staff sergeant, chief technical sergeant, technical lieutenant, 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 thirtyfive 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 apply to persons appointed to the positions of counsel, first assistant counsel, assistant counsel, and assistant deputy superintendent for employee relations nor to any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15035-01-8
S. 7898 2
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.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to sworn members of the New York state police
Purpose
The purpose of this legislation is to grant longevity in title to members of the Bureau of Criminal Investigation (BCI) and certain enumerated positions of the Uniformed Force of the New York State Police.
Summary of provisions
Section 1 of the bill amends the executive law to incorporate the titles of Investigator, Senior Investigator, Station Commander, Zone Commander, Zone Sergeant, First Sergeant, Staff Sergeant, Chief Technical Sergeant, Technical Lieutenant, Captain or Major within the applicable section governing a members rights to a hearing.
Section 2 establishes the effective date.
Justification
There are currently more than 1,200 members of the New York State Police holding the ranks of Investigator, Senior Investigator, Station Comman- der, Zone Commander, Zone Sergeant, First Sergeant, Staff Sergeant, Chief Technical Sergeant, Technical Lieutenant, Captain or Major. These positions are non-competitive, with appointment being made by the Super- intendent of State police on the basis of merit, but 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, consol- idation 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
New Bill
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.