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New York State Correctional Officers & Police Benevolent Association, Inc.

NYSCOPBA represents over 26,000 New York State employees and retirees from the Security Services Unit. Our Union was formed in May 1998 and since that time has provided superior representation to our membership under the independent and democratic model. Our Mission continued...

SUNY POLICE LAW – NYSCOPBA 2001

  § 841. Functions,  powers  and duties of the commissioner with respect
  to the  council.  In  addition  to  the  functions,  powers  and  duties
  otherwise  provided  by  this  article, the commissioner shall, with the
  general advice of the council, and, in the case of subdivisions one, two
  and three, only in accordance with rules and regulations promulgated  by
  the governor pursuant to section eight hundred forty-two:
    1.  Approve police training schools administered by municipalities and
  issue certificates of approval to such schools, and revoke such approval
  or certificate;
    2. Certify, as qualified,  instructors  at  approved  police  training
  schools and issue appropriate certificates to such instructors;
    3.  Certify police officers and peace officers who have satisfactorily
  completed basic training programs and issue certificates to such  police
  officers  and  peace  officers,  including  the  issuance of equivalency
  certificates for basic training certificates issued to  peace  officers,
  where  such officers received a certificate for successful completion of
  a basic training for police officers program or an approved  course  for
  state  university  of New York public safety officers during a period in
  which such peace officer was not employed  as  a  police  officer,  upon
  demonstration   of  adequate  equivalent  training,  the  completion  of
  supervised  field  training,  requisite  job-related   law   enforcement
  experience  as  determined by the commissioner, and if deemed necessary,
  the successful completion of relevant police  officer  training  courses
  pursuant to section two hundred nine-q of the general municipal law;
    4. Cause studies and surveys to be made relating to the establishment,
  operation and approval of municipal police training schools;
    5.  Consult  with and cooperate with municipal police training schools
  for the development of advanced in-service training programs for  police
  officers and peace officers and issue appropriate certificates to police
  officers  and peace officers, attesting to their satisfactory completion
  of such advanced training programs;
    6.  Consult  with  and  cooperate  with  universities,  colleges   and
  institutes  in  the  state for the development of specialized courses of
  study for police officers and  peace  officers  in  police  science  and
  police administration;
    7.  Consult  with and cooperate with other departments and agencies of
  the state concerned with police officer and peace officer training;
    8. Report to the council at each regular meeting of the council and at
  such other times as may be appropriate.
    9. Prepare, update  and  distribute  to  appropriate  law  enforcement
  officials  the  form  and  content  of the written notice required to be
  given to victims of family offenses  pursuant  to  subdivision  five  of
  section eight hundred twelve of the family court act and subdivision six
  of section 530.11 of the criminal procedure law.
 
 
  §  209-q.  Permanent  appointment  of  police  officers; completion of training program. 1. (a) Notwithstanding the provisions of any  general,
  special  or local law or charter to the contrary, no person shall, after
  July first, nineteen hundred sixty, receive an original appointment on a
  permanent basis as a police officer of any county, city,  town,  village
  or  police  district  unless  such  person has previously been awarded a
  certificate by the executive director of the municipal  police  training
  council   created  under  article  thirty-five  of  the  executive  law,
  attesting to his satisfactory completion of an approved municipal police
  basic training program; and every person who is appointed on a temporary
  basis or for a probationary term or on other than a permanent basis as a
  police officer of any county, city, town,  village  or  police  district
  shall   forfeit   his   position   as  such  unless  he  previously  has
  satisfactorily completed, or within the time prescribed  by  regulations
  promulgated  by the governor pursuant to section eight hundred forty-two
  of the executive law, satisfactorily completes, a municipal police basic
  training program for temporary or probationary police  officers  and  is
  awarded a certificate by such director attesting thereto.
    (b)  A certificate attesting to satisfactory completion of an approved
  municipal  police  basic  training  program  awarded  by  the  executive
  director  of  the  municipal  police  training  council pursuant to this
  subdivision shall remain valid:
    (i) during the holder's continuous service  as  a  police  officer  or
  peace  officer  who  has  an  equivalency certificate for police officer
  training or an approved course for state university of New  York  public
  safety  officers  issued in accordance with subdivision three of section
  eight hundred forty-one of the executive law; and
    (ii)  for  two  years  after  the  date  of  the  commencement  of  an
  interruption  in such service where the holder had, immediately prior to
  such interruption, served as a police officer or peace officer  who  has
  an  equivalency  certificate  for police officer training or an approved
  course for state university of New York public safety officers issued in
  accordance with subdivision three of section eight hundred forty-one  of
  the executive law, for less than two consecutive years; or
    (iii)  for  four  years  after  the  date  of  the  commencement of an
  interruption in such service where the holder had, immediately prior  to
  such  interruption,  served as a police officer or peace officer who has
  an equivalency certificate for police officer training  or  an  approved
  course for state university of New York public safety officers issued in
  accordance  with subdivision three of section eight hundred forty-one of
  the executive law, for two consecutive years or longer; or
    (iv) where the holder, whose interruption in continuous service  as  a
  police  officer  does not exceed ten years, has satisfactorily completed
  an approved police officer refresher course or where  a  peace  officer,
  who  seeks  an equivalency certificate for police officer training or an
  approved course for state university of New York public safety  officers
  issued  in  accordance  with  subdivision three of section eight hundred
  forty-one of the executive law, has  satisfactorily  completed  relevant
  police  officer  training courses, as prescribed by the municipal police
  training council.
    (c) As used in this subdivision, the term "interruption" shall mean  a
  period  of  separation  from  employment  as  a  police officer or peace
  officer who has an equivalency certificate for police  officer  training
  or  an  approved  course  for state university of New York public safety
  officers issued in accordance with subdivision three  of  section  eight
  hundred  forty-one  of  the  executive  law, by reason of such officer's
  leave of absence, resignation or removal, other than removal for cause.
    1-a. Notwithstanding the provisions of any general, special  or  local
  law  or  charter,  the  promotion  of any police officer to a first-line
  supervisory  position  on  or  after  July   first,   nineteen   hundred
  sixty-seven,  shall  not become permanent unless such police officer has
  previously  been  awarded a certificate by the executive director of the
  municipal police training council created under  article  nineteen-f  of
  the  executive  law,  attesting  to  his  satisfactory  completion of an
  approved course in police supervision as  prescribed  by  the  municipal
  police training council. Any police officer who is promoted on any basis
  to  a  first-line  supervisory position on or after July first, nineteen
  hundred sixty-seven shall forfeit such promotion  unless  he  previously
  has   satisfactorily   completed,  or  within  the  time  prescribed  by
  regulations promulgated by the governor pursuant to section four hundred
  eighty-four  of  the  executive  law   satisfactorily   completes,   the
  prescribed  course in police supervision and is awarded a certificate by
  such director attesting thereto.
    2. a. The term "police officer", as used in this section, shall mean a
  member of a police force or other organization of a  municipality  or  a
  detective or rackets investigator employed by the office of the district
  attorney  in any county located in a city of one million or more persons
  who is responsible for the prevention or  detection  of  crime  and  the
  enforcement  of  the  general  criminal laws of the state, but shall not
  include any person serving as such solely by virtue of his occupying any
  other office or position, nor shall  such  term  include  a  sheriff  or
  under-sheriff,  the  sheriff  or deputy sheriff of the city of New York,
  commissioner of police, deputy  or  assistant  commissioner  of  police,
  chief  of  police,  deputy  or  assistant  chief of police or any person
  having an equivalent title who is appointed or  employed  by  a  county,
  city,   town,   village   or  police  district  to  exercise  equivalent
  supervisory authority.
    b. The  term  "first-line  supervisory  position",  as  used  in  this
  section,  shall mean the position or rank of a police officer next above
  the beginning rank of patrolman or the  rank  equivalent  to  patrolman,
  which requires performance of supervisory duties.
    3.  The provisions of subdivisions one and one-a of this section shall
  not apply to a city having a population of one million or  more  to  the
  extent  that  such  city  has, by regulation promulgated by the governor
  pursuant to section eight hundred  forty  of  the  executive  law,  been
  exempted  from  the  provisions  of article thirty-five of the executive
  law.
    4. Nothing in this section shall be construed  to  except  any  police
  officer,  or  other officer or employee from the provisions of the civil
  service law.
102 Hackett Blvd., Albany, NY 12209   518.427.1551 | 888.484.7279  Fax: (518) 426-1635  nyscopba@nyscopba.org