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.
