S T A T E   O F   N E W   Y O R K
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                                  4474

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the title and compensation of certain police lieutenants
  assigned to investigatory assignments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration. The legislature here-
by  finds and declares that it is impracticable to ascertain fitness for
the positions of "supervisor detective squad" and  "commander  detective
squad"  within the police department of the city of New York by means of
a competitive examination. The legislature further  finds  and  declares
that  it  appears that no competitive examination has ever been employed
to ascertain fitness  for  the  positions  of  "detective",  "supervisor
detective  squad"  or  "commander  detective  squad"  within  the police
department of the city of New York or any other major police  department
within  the state; such fitness has always been determined by evaluation
of an individual's capabilities by a supervisor. It would be unseemly to
attempt to create competitive examinations to ascertain fitness for  the
positions  of  a  "supervisor  detective squad" and "commander detective
squad" where no competitive  examination  exists  for  the  position  of
"detective", the designation for which "supervisors detective squad" and
"commanders  detective  squad"  act  as  supervisors. The legislature is
satisfied that merit and fitness for promotion  of  individuals  to  the
positions of "sergeant" and "lieutenant" have been satisfactorily ascer-
tained  by means of competitive examinations, and that merit and fitness
for assignment of individuals holding the ranks of "sergeant" and "lieu-
tenant" to investigatory positions are evaluated by appropriate supervi-
sors prior to such assignment. The legislature is further satisfied that
an individual who performs in an  investigatory  position  in  a  manner
sufficiently satisfactory to the appropriate supervisors to hold such an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10439-01-9
              

S. 4474                             2

assignment  for a period of eighteen months has demonstrated fitness for
the position of "supervisor detective  squad"  or  "commander  detective
squad" within the police department of the city of New York more conclu-
sively  than  could  be ascertained by means of any competitive examina-
tion.
  S 2. Subdivision c of section 14-103 of the administrative code of the
city of New York, as amended by chapter 755 of  the  laws  of  1990,  is
amended to read as follows:
  c.  The commissioner may designate lieutenants as commanders of detec-
tive squads, and sergeants as supervisors of detective squads, who while
performing duty in  [such  bureau]  THE  DETECTIVE  OR  ORGANIZED  CRIME
CONTROL BUREAU and while so designated as commanders of detective squads
or  supervisors  of detective squads shall be paid such salary as may be
determined by the mayor; PROVIDED, HOWEVER, THAT LIEUTENANTS ASSIGNED TO
INVESTIGATORY POSITIONS FOR EIGHTEEN MONTHS OR MORE  SHALL  RECEIVE  THE
TITLE  OF SUPERVISOR DETECTIVE SQUAD/COMMANDER DETECTIVE SQUAD AND SHALL
RECEIVE COMPENSATION EQUAL TO THAT OF A LIEUTENANT FOR SERGEANTS  SUPER-
VISOR  DETECTIVE  SQUAD AND FOR LIEUTENANTS COMMANDER DETECTIVE SQUAD AS
DETERMINED THROUGH THE COLLECTIVE BARGAINING AGREEMENT.
  S 3. This act shall take effect immediately.