S T A T E   O F   N E W   Y O R K
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                                  5741

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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.
                                                           LBD07514-01-1
              

A. 5741                             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.