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A05824 Summary:

BILL NOA05824
 
SAME ASNo Same As
 
SPONSORGiglio (MS)
 
COSPNSRCrouch, McDonough, DeStefano, Morinello, Thiele, Hawley, Reilly, Lawrence, Smullen, Salka
 
MLTSPNSRByrnes, Sayegh
 
Amd 58, Civ Serv L; amd 215, Exec L
 
Eliminates the maximum age for taking the civil service examination for appointment as a police officer or as an environmental conservation officer.
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A05824 Actions:

BILL NOA05824
 
02/19/2019referred to governmental employees
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A05824 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5824
 
SPONSOR: Giglio (MS)
  TITLE OF BILL: An act to amend the civil service law and the execu- tive law, in relation to eliminating the maximum age limitation for appointment as a police officer or as an environmental conservation officer   PURPOSE OR GENERAL IDEA OF BILL: This bill eliminates the maximum age for taking the civil service exam- ination for appointment as a police officer.   SUMMARY OF PROVISIONS: Section 1. This bill amends section 58 of the civil service law and section 215 of the executive law to provide that municipalities or state authorities may not restrict the age of police officers, regional state park police or any police force or police department of any county, city, town, village, housing authority, transit authority or police district, including detectives and investigators, as they pertain to appointment and eligibility requirements. § 2. This act shall take effect immediately.   JUSTIFICATION: The maximum age requirement for police officers to take the civil service exam was set during a time when the average age life expectancy for males was forty-eight years of age and for females was fifty-one years of age. This statistic is now outdated and therefore the law needs to be changed. Currently, life expectancy in New York is seventy-seven years of age.Due to restrictions in current law, it is an unfortunate fact that military veterans retiring from the military are excluded from civil service positions as police officers if they are over the age limit. Many are excellent candidates for a law enforcement agency to hire and could be filling positions and using their expertise and expe- rience of military service to protect civilians in our state. Instead, many returning veterans have trouble finding jobs that use the skills and training they gained during service.Also, many part time officers with years of experience in a police department are excluded from being promoted to a full-time position or a position of supervision simply because they are not on the "eligible list" of those who were able to take the civil service exam. These part- time employees often do an exemplary job in their positions and have the judgment that only comes from time served on the job. Yet, they are precluded from filling full- time positions due to the state's civil service law age restric- tions.Currently New Hampshire, Connecticut, Vermont, Maine, Virginia, West Virginia, Georgia State police Departments and Florida Highway Patrol have no maximum age limits for civil service exams.This bill does not change the minimum age at which exams may be taken which is twenty- five years of age. However, it does remove the cap of the age of thir- ty-five years.   PRIOR LEGISLATIVE HISTORY: 2017-18: A.4729 2016: S.3062/A. 5301 Amend and recommit to Governmental Employees (Giglio) 2014: A6016a ;Giglio) 2011,2012: A.1956; 2010: 5.8453 Referred to Rules;   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Immediately
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A05824 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5824
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2019
                                       ___________
 
        Introduced  by M. of A. GIGLIO, CROUCH, McDONOUGH, DeSTEFANO, MORINELLO,
          THIELE, HAWLEY, REILLY, LAWRENCE, SMULLEN -- Multi-Sponsored by --  M.
          of  A.    SAYEGH -- read once and referred to the Committee on Govern-
          mental Employees
 
        AN ACT to amend the civil service law and the executive law, in relation
          to eliminating the maximum age limitation for appointment as a  police
          officer or as an environmental conservation officer
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1 of section 58 of  the  civil
     2  service  law,  as amended by chapter 244 of the laws of 2013, is amended
     3  to read as follows:
     4    (a) he or she is not less than twenty years of age as of the  date  of
     5  appointment  [nor more than thirty-five years of age as of the date when
     6  the applicant takes the written examination, provided that  the  maximum
     7  age  requirement  of thirty-five years of age as set forth in this para-
     8  graph shall not apply to eligible lists finalized pursuant to  an  exam-
     9  ination  administered  prior to May thirty-first, nineteen hundred nine-
    10  ty-nine  or  a  police  officer  in  the  department  of   environmental
    11  conservation, provided, however, that:
    12    (i)  time spent on military duty or on terminal leave, not exceeding a
    13  total of six years, shall be subtracted from the age  of  any  applicant
    14  who  has passed his or her thirty-fifth birthday as provided in subdivi-
    15  sion ten-a of section two hundred forty-three of the military law;
    16    (ii) such maximum age requirement of thirty-five years shall not apply
    17  to any police officer as defined in subdivision thirty-four  of  section
    18  1.20 of the criminal procedure law, who was continuously employed by the
    19  Buffalo  municipal housing authority between January first, two thousand
    20  five and June thirtieth, two thousand five and who takes the next  writ-
    21  ten  exam  offered  after the effective date of this subparagraph by the
    22  city of Buffalo civil service commission  for  employment  as  a  police

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06863-01-9

        A. 5824                             2

     1  officer in the city of Buffalo police department, or June thirtieth, two
     2  thousand six, whichever is later; and
     3    (iii)  such  maximum  age  requirement  of thirty-five years shall not
     4  apply to any police officer of any county, town, city or village  police
     5  force  not  otherwise  provided for in this section if the eligible list
     6  has been exhausted and there are no other eligible candidates; provided,
     7  however, the police officer themselves are on the eligible list of  such
     8  county,  town,  city or village and meet all other requirements of merit
     9  and fitness set forth by this chapter and do not exceed the maximum  age
    10  of thirty-nine];
    11    §  2. Subdivision 2 of section 58 of the civil service law, as amended
    12  by chapter 244 of the laws of 2013, is amended to read as follows:
    13    2. The provisions of this section shall not prevent any county,  city,
    14  town,  village, housing authority, transit authority, police district or
    15  the department of environmental conservation from setting more  restric-
    16  tive  requirements  of  eligibility for its police officers[, except the
    17  maximum age to be a police officer  as  provided  in  paragraph  (a)  of
    18  subdivision one of this section].
    19    §  3.  Subdivision  4 of section 58 of the civil service law, as sepa-
    20  rately amended by chapters 375 and 397 of the laws of  1990,  paragraphs
    21  (a) and (b) as amended by chapter 561 of the laws of 2015, paragraph (c)
    22  as amended by chapter 190 of the laws of 2008 and subparagraphs (ii) and
    23  (iv) of paragraph (c) as amended by section 58 of subpart B of part C of
    24  chapter 62 of the laws of 2011, is amended to read as follows:
    25    4.  (a) [Any person who has received provisional or permanent appoint-
    26  ment  in  the competitive class of the civil service as a police officer
    27  of the regional state park police, the  state  university  of  New  York
    28  police, the department of environmental conservation or any police force
    29  or police department of any county, city, town, village, housing author-
    30  ity,  transit  authority  or police district shall be eligible to resign
    31  from any police force or police department, and to  be  appointed  as  a
    32  police  officer  in the same or any other police force or police depart-
    33  ment without satisfying the age requirements set forth in paragraph  (a)
    34  of  subdivision one of this section at the time of such second or subse-
    35  quent appointment, provided such second or subsequent appointment occurs
    36  within thirty days of the date of resignation.
    37    (b) Any person who has received permanent appointment in  the  compet-
    38  itive  class  of  the  civil service as a police officer of the regional
    39  state park police, the state university of New York police, the  depart-
    40  ment of environmental conservation or any police force or police depart-
    41  ment  of  any  county,  city,  town, village, housing authority, transit
    42  authority or police district shall be eligible to resign from any police
    43  force or police department and, subject to such civil service  rules  as
    44  may  be  applicable,  shall  be  eligible  for reinstatement in the same
    45  police force or police department or in any other police force or police
    46  department to which he or she was eligible for transfer, without  satis-
    47  fying the age requirements set forth in paragraph (a) of subdivision one
    48  of  this  section at the time of such reinstatement, provided such rein-
    49  statement occurs within one year of the date of resignation.
    50    (c) (i)] Legislative findings and declaration. The legislature  hereby
    51  finds  and  declares  that  it  is frequently impracticable to ascertain
    52  fitness for the positions of detective and investigator  within  various
    53  police  or  sheriffs  departments around the state by means of a compet-
    54  itive examination due to the unique nature of the  duties  assigned  and
    55  the  intangible  personal  qualities  needed to perform such duties. The
    56  legislature further finds that competitive examination  has  never  been

        A. 5824                             3

     1  employed  in  many police, correction or sheriffs departments, to ascer-
     2  tain fitness for the positions of detective and investigator within such
     3  police, correction or sheriffs departments; such fitness has always been
     4  determined  by  evaluation of the capabilities of an individual (who has
     5  in any case received permanent appointment to  the  position  of  police
     6  officer, correction officer of any rank or deputy sheriff) by superviso-
     7  ry  personnel.  The  legislature  further  finds  that an individual who
     8  performs in an investigatory position in a manner sufficiently satisfac-
     9  tory to the appropriate supervisors to hold such  an  assignment  for  a
    10  period  of eighteen months, has demonstrated fitness for the position of
    11  detective or investigator within such  police,  correction  or  sheriffs
    12  department  at least as sufficiently as could be ascertained by means of
    13  a competitive examination.
    14    [(ii)] (b) Notwithstanding any other provision of law, in  any  juris-
    15  diction,  other  than a city with a population of one million or more or
    16  the state department of corrections  and  community  supervision,  which
    17  does  not administer examinations for designation to detective or inves-
    18  tigator, any person who has received permanent appointment to the  posi-
    19  tion of police officer, correction officer of any rank or deputy sheriff
    20  and is temporarily assigned to perform the duties of detective or inves-
    21  tigator  shall, whenever such assignment to the duties of a detective or
    22  investigator exceeds eighteen months, be  permanently  designated  as  a
    23  detective  or  investigator and receive the compensation ordinarily paid
    24  to persons in such designation.
    25    [(iii)] (c) Nothing contained in [subparagraph (ii)] paragraph (b)  of
    26  this  [paragraph] subdivision  shall be construed to limit any jurisdic-
    27  tion's ability to administer examinations for appointment to  the  posi-
    28  tions  of  detective  and investigator, provided however that any person
    29  temporarily assigned to perform the duties of detective or  investigator
    30  within  the  period  commencing September twenty-third, nineteen hundred
    31  ninety-three through and including the date upon  which  this  paragraph
    32  shall  have  become a law and who has not been designated as a detective
    33  or investigator and who has not been subject to an examination for which
    34  there is a certified eligible list, shall be permanently designated as a
    35  detective or investigator whenever such  assignment  to  the  duties  of
    36  detective or investigator exceeds eighteen months.
    37    [(iv)]  (d)  Detectives  and  investigators designated since September
    38  twenty-third, nineteen hundred ninety  and  prior  to  February  twenty-
    39  fourth, nineteen hundred ninety-five by any state, county, town, village
    40  or  city  (other than a city with a population of one million or more or
    41  the state department of corrections and community  supervision)  police,
    42  correction  or  sheriffs  department, pursuant to the provisions of this
    43  paragraph in effect during such period, who continue to  serve  in  such
    44  positions,  shall  retain their detective or investigator status without
    45  any right to retroactive financial entitlement.
    46    § 4. Subdivision 3 of section 215 of the executive law, as amended  by
    47  chapter 478 of the laws of 2004, is amended to read as follows:
    48    3.  The  sworn members of the New York state police shall be appointed
    49  by the superintendent and permanent appointees may  be  removed  by  the
    50  superintendent only after a hearing. No person shall be appointed to the
    51  New  York state police force as a sworn member unless he or she shall be
    52  a citizen of the United States, [between the ages of] and at least twen-
    53  ty-one [and  twenty-nine  years  except  that  in  the  superintendent's
    54  discretion,  the  maximum  age  may  be  extended  to thirty-five years.
    55  Notwithstanding any other provision of law or any general or special law
    56  to the contrary the time spent on military duty, not exceeding  a  total

        A. 5824                             4

     1  of  six years, shall be subtracted from the age of any applicant who has
     2  passed his or her twenty-ninth  birthday,  solely  for  the  purpose  of
     3  permitting  qualification as to age and for no other purpose. Such limi-
     4  tations  as  to  age however shall not apply to persons appointed to the
     5  positions of counsel, first assistant counsel,  assistant  counsel,  and
     6  assistant deputy superintendent for employee relations nor to any person
     7  appointed  to  the  bureau of criminal investigation pursuant to section
     8  two hundred sixteen of this article nor] years of  age.  Nor  shall  any
     9  person  be appointed unless he or she has fitness and good moral charac-
    10  ter and shall have passed a physical and mental examination  based  upon
    11  standards  provided  by the rules and regulations of the superintendent.
    12  Appointments shall be made for a probationary period which, in the  case
    13  of  appointees  required to attend and complete a basic training program
    14  at the state police academy, shall include such time spent attending the
    15  basic school and terminate one year after successful completion thereof.
    16  All other sworn members shall be subject to a probationary period of one
    17  year from the date of appointment. Following satisfactory completion  of
    18  the  probationary  period  the  member  shall  be a permanent appointee.
    19  Voluntary resignation or withdrawal  from  the  New  York  state  police
    20  during  such  appointment  shall  be submitted to the superintendent for
    21  approval.  Reasonable time shall be required to account for  all  equip-
    22  ment  issued  or  for debts or obligations to the state to be satisfied.
    23  Resignation or withdrawal from the division during a time of  emergency,
    24  so  declared  by  the governor, shall not be approved if contrary to the
    25  best interest of the state and shall be a misdemeanor. No  sworn  member
    26  removed  from the New York state police shall be eligible for reappoint-
    27  ment. The superintendent shall make rules  and  regulations  subject  to
    28  approval  by the governor for the discipline and control of the New York
    29  state police and for the examination and  qualifications  of  applicants
    30  for  appointment  as members thereto and such examinations shall be held
    31  and conducted by the superintendent subject  to  such  rules  and  regu-
    32  lations.  The  superintendent  is  authorized  to charge a fee of twenty
    33  dollars as an application fee for any person applying to take a  compet-
    34  itive examination for the position of trooper, and a fee of five dollars
    35  for any competitive examination for a civilian position. The superinten-
    36  dent  shall promulgate regulations subject to the approval of the direc-
    37  tor of the budget, to provide for a waiver of the application  fee  when
    38  the  fee  would  cause  an unreasonable hardship on the applicant and to
    39  establish a fee schedule and charge fees for the  use  of  state  police
    40  facilities.
    41    § 5. This act shall take effect immediately.
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