Bill Text: NY A01932 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to transfers or appointments of police officers to competitive or non-competitive positions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental employees [A01932 Detail]
Download: New_York-2017-A01932-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1932 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Governmental Employees AN ACT to amend the public authorities law and the civil service law, in relation to transfers or appointments of police officers to compet- itive or non-competitive positions; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1299-f of the public authorities law is amended by 2 adding a new subdivision 8 to read as follows: 3 8. Notwithstanding any other provision of law, rule or regulation to 4 the contrary, any person who has received an appointment or designation 5 as a police officer as defined in paragraph (a) of subdivision thirteen 6 of section twelve hundred ninety-nine-e of this title to a regional 7 transit authority as defined in this title shall be eligible for trans- 8 fer, provisional or permanent appointment to a competitive or non-com- 9 petitive position with a city, town, village or police district, 10 provided that: (a) such person shall have been dismissed or terminated 11 from a permanent position in the authority between November thirtieth, 12 two thousand sixteen and November thirtieth, two thousand seventeen, (b) 13 such dismissal or termination is not made for disciplinary or punitive 14 reasons, and (c) such person conforms to any appointment requirements of 15 the city, town, village or any other police district to which such 16 person is or has been transferred. 17 § 2. Subdivision 13 of section 1299-e of the public authorities law, 18 as amended by chapter 816 of the laws of 1984, is amended to read as 19 follows: 20 13. To appoint or designate one or more persons for the purpose of 21 enforcing rules and regulations established by the authority, and to 22 compel the observance of law and order on the properties, facilities and 23 improvements of the authority for the protection and administration of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03617-01-7A. 1932 2 1 such property, facilities and improvements, and the traveling public 2 using such facilities. Each person as and when so appointed or desig- 3 nated shall be known as (a) a "Niagara frontier transportation authority 4 security officer or patrolman" and shall be a peace officer as set forth 5 in subdivision forty-five of section 2.10 of the criminal procedure law, 6 or a police officer within the purview of subdivision thirty-four of 7 section 1.20 of the criminal procedure law or (b) a "ticket inspector" 8 and shall not be a peace officer or a police officer but, when so desig- 9 nated or appointed, shall be authorized to issue and serve appearance 10 tickets pursuant to section 150.20 of the criminal procedure law with 11 respect to violations of rules and regulations so established. The 12 authority shall establish competitive examinations to determine such 13 appointments of designations based on merit and fitness; such examina- 14 tions shall be deemed to fulfill the requirements of section six of 15 article five of the state constitution. Candidates who pass all aspects 16 of the hiring process but do not receive appointment or designation 17 shall be placed on an eligible list in accordance with section fifty-six 18 of the civil service law, which shall be used to fill any future 19 openings until termination of the eligible list. Candidates who pass all 20 aspects of the hiring process and receive appointment shall be deemed 21 eligible for transfer, provisional or permanent appointment to a compet- 22 itive or non-competitive position with a city, town, village or police 23 district in accordance with subdivision one of section seventy of the 24 civil service law. 25 § 3. Subdivision 1 of section 70 of the civil service law, as amended 26 by chapter 368 of the laws of 2014, is amended to read as follows: 27 1. General provisions. Except as provided in subdivisions four, six 28 and seven of this section and in subdivision eight of section twelve 29 hundred ninety-nine-f of the public authorities law no employee shall be 30 transferred to a position for which there is required by this chapter or 31 the rules established hereunder an examination involving essential tests 32 or qualifications different from or higher than those required for the 33 position held by such employee. The state and municipal commissions may 34 adopt rules governing transfers between positions in their respective 35 jurisdictions and may also adopt reciprocal rules providing for the 36 transfer of employees from one governmental jurisdiction to another. No 37 employee shall be transferred without his or her consent except as 38 provided in subdivision six or seven of this section or upon the trans- 39 fer of functions as provided in subdivision two of this section. 40 § 4. Paragraph (a) of subdivision 1 of section 58 of the civil service 41 law is amended by adding a new subparagraph (iv) to read as follows: 42 (iv) such maximum age requirement of thirty-five years shall not apply 43 to any police officer as defined in subdivision thirty-four of section 44 1.20 of the criminal procedure law, who was continuously employed by a 45 regional transit authority as defined in title eleven-A of article five 46 of the public authorities law and conforms to the requirements of subdi- 47 vision eight of section twelve hundred ninety-nine-f of the public 48 authorities law; 49 § 5. This act shall take effect immediately and shall expire January 50 1, 2019 when upon such date the provisions of this act shall be deemed 51 repealed.
