NY State Senate Bill 2021-S6436

Senate Bill S6436

2021-2022 Legislative Session

Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct in certain cases

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Apr 28, 2021	referred to civil service and pensions

co-Sponsors

2021-S6436 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §1, Chap 753 of 1990; amd §75, Civ Serv L
Versions Introduced in 2023-2024 Legislative Session:: S2818

2021-S6436 (ACTIVE) - Summary

Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct resulting in death or serious physical injury as defined in section 10.00 of the penal law.

2021-S6436 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6436

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend chapter 753 of the laws of 1990 amending the civil
service law, relating to suspension of police officers pending determi-
nation of charges; and to amend the civil service law, in relation to
suspension of New York city police officers without pay pending determi-
nation of charges

 
PURPOSE:

To remedy the situation of police officers in the City of New York, who
after being suspended from duty for a period of no more than 30 days,
are allowed to return to active status prior to the disposition of
formal charges filed against said officer.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Chapter 753 of the laws of 1990 providing
that a New York City police officer who is subject to a hearing wherein

the charges of incompetence or misconduct are because of the death or
serious physical injury to a person may be suspended for an indefinite
period of time without pay pending the disposition of charges of incom-
petence or misconduct. This section also defines "indefinite period" as
ninety days provided that if such determination of charges of incompe-
tency or misconduct has not been made within the ninety-day period, the
period may be extended for an additional thirty days. In addition, the
aforementioned hearing shall be expedited and requires the hearing offi-
cer to set a hearing schedule to ensure that the expedited hearing is
completed within the required timeframe. Finally, this section provides
that if the hearing results in the officer being found to not have acted
incompetently or have not committed an act of misconduct, the officer
shall be restored to their position with full pay for the period of the
suspension minus the amount they received in unemployment insurance
benefits if applicable.

Section two of the bill amends subdivision 3-a of § 75 of the civil
service law to provide that a New York City police officer who is
subject to a hearing wherein the charges of incompetence or misconduct
are because of the death or serious physical injury to a person may be
suspended for an indefinite period of time without pay pending the
disposition of charges of incompetence or misconduct.  This section also
defines "indefinite period" as ninety days provided that if such deter-
mination of charges of incompetency or misconduct has not been made
within the ninety-day period, the period may be extended for an addi-
tional thirty days. In addition, the aforementioned hearing shall be
expedited and requires the hearing officer to set a hearing schedule to
ensure that the expedited hearing is completed within the required time-
frame. Finally, this section provides that if the hearing results in the
officer being found to not have acted incompetently or have not commit-
ted an act of misconduct, the officer shall be restored to their posi-
tion with full pay for the period of the suspension minus the amount
they received in unemployment insurance benefits if applicable.

Section three of the bill is the severability clause.

Section four of the bill provides the effective date.
 
JUSTIFICATION:

Currently in New York State, police officers who are awaiting the deter-
mination of pending charges of incompetency or misconduct may be
suspended without pay for a period of thirty (30) days. After a period
of thirty (30) days, the police officer is returned to normal pay status
regardless of the disposition of the charges.

Certainly police officers, as other New York State residents, are inno-
cent until proven guilty. However, in situations where an officer is
charged with gross incompetence or misconduct which result in death or
serious injury, thirty days may not be sufficient time to investigate
charges of this magnitude.

This bill provides for such situations by allowing for an officer to be
suspended without pay for an indefinite period of time pending the
determination of charges of incompetence or misconduct resulting in
death or serious injury.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A.474-A - Referred to Governmental Employees
2017-2018: A.763 - Referred to Governmental Employees
2015-2016: A.5025 - Referred to Governmental Employees
2013-2014: A.4386 - Referred to Governmental Employees
2011-2012: A.3054 - Referred to Governmental Employees
2009-2010: A.3462 - Referred to Governmental Employees
2007-2008: A.4124 - Referred to Governmental Employees
2005-2006: A.3809 - Referred to Governmental Employees
2003-2004: A.4983 - Referred to Governmental Employees
2001-2002: A.3662 - Referred to Governmental Employees
1999-2000: A.1030-A - Referred to Governmental Employees
1997-1998: A.9581 - Referred to Governmental Employees

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately and shall apply to cases pending or arising on or after such
effective date.

2021-S6436 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6436
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend chapter 753 of the  laws  of  1990  amending  the  civil
   service  law, relating to suspension of police officers pending deter-
   mination of charges; and to amend the civil service law,  in  relation
   to  suspension  of  New  York city police officers without pay pending
   determination of charges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1 of chapter 753 of the laws of 1990 amending the
 civil service law, relating to suspension  of  police  officers  pending
 determination of charges, is amended to read as follows:
   Section 1. Notwithstanding any other provision of law to the contrary,
 police officers as defined in paragraph (d) of subdivision 34 of section
 1.20  of  the  criminal  procedure  law and as designated members of the
 police department of the city of New York pursuant to section 431 of the
 New York city charter, pending the determination of charges of  incompe-
 tency  or  misconduct may not be suspended for a period exceeding thirty
 days; PROVIDED, HOWEVER, THAT ANY SUCH POLICE OFFICER WHO IS SUBJECT  TO
 A  HEARING  PURSUANT TO SUBDIVISION 3 OF SECTION 75 OF THE CIVIL SERVICE
 LAW WHEREIN THE CHARGES OF INCOMPETENCY OR MISCONDUCT  ARE  DUE  TO  THE
 DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS DEFINED IN SECTION 10.00
 OF  THE  PENAL LAW MAY BE SUSPENDED WITHOUT PAY FOR AN INDEFINITE PERIOD
 PENDING THE DETERMINATION OF THE HEARING OF CHARGES OF  INCOMPETENCY  OR
 MISCONDUCT.
   A.  AS  USED  IN  THIS  SECTION, "INDEFINITE PERIOD" MEANS A PERIOD OF
 NINETY DAYS, PROVIDED THAT IF A DETERMINATION OF THE CHARGE OF  INCOMPE-
 TENCY OR MISCONDUCT FROM THE HEARING HAS NOT BEEN MADE DURING THE NINETY
 DAY PERIOD, SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS.
   B.  A  HEARING  PURSUANT  TO  SUBDIVISION 3 OF SECTION 75 OF THE CIVIL
 SERVICE LAW WHEREIN THE CHARGES OF INCOMPETENCY OR MISCONDUCT ARE DUE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04888-01-1

 S. 6436                             2
 
 THE DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS DEFINED  IN  SECTION
 10.00  OF  THE  PENAL LAW SHALL BE EXPEDITED.  THE HEARING OFFICER SHALL
 ESTABLISH A HEARING SCHEDULE TO ENSURE THAT THIS  EXPEDITED  HEARING  IS
 COMPLETED WITHIN THE REQUIRED TIMEFRAMES.
   C. IF, AFTER THE HEARING OF THE CHARGES OF INCOMPETENCY OR MISCONDUCT,
 IT  IS  DETERMINED THAT THE OFFICER WAS FOUND TO NOT HAVE ACTED INCOMPE-
 TENTLY OR COMMITTED AN ACT OF MISCONDUCT, SUCH OFFICER SHALL BE RESTORED
 TO HIS OR HER POSITION WITH FULL PAY FOR THE PERIOD OF  SUSPENSION  LESS
 THE  AMOUNT  OF  ANY  UNEMPLOYMENT INSURANCE BENEFITS HE OR SHE MAY HAVE
 RECEIVED DURING SUCH PERIOD.
   § 2. Subdivision 3-a of section 75 of the civil service law, as  added
 by chapter 753 of the laws of 1990, is amended to read as follows:
   3-a.  Suspension pending determination of charges and penalties relat-
 ing to police officers of the police department of the city of New York.
 Pending the hearing and determination  of  charges  of  incompetency  or
 misconduct,  a  police  officer employed by the police department of the
 city of New York may be suspended without pay for a period not exceeding
 thirty days; PROVIDED HOWEVER, THAT SUCH OFFICER WHO IS SUBJECT TO  SUCH
 HEARING  WHEREIN  SUCH CHARGES OF INCOMPETENCY OR MISCONDUCT ARE BROUGHT
 ABOUT AS A RESULT OF THE DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS
 DEFINED IN SECTION 10.00 OF THE PENAL LAW MAY BE SUSPENDED  WITHOUT  PAY
 FOR AN INDEFINITE PERIOD PENDING THE DETERMINATION OF A CHARGE OF INCOM-
 PETENCY OR MISCONDUCT.
   A.  AS  USED  IN  THIS  SECTION, "INDEFINITE PERIOD" MEANS A PERIOD OF
 NINETY DAYS, PROVIDED THAT IF A DETERMINATION OF THE CHARGE OF  INCOMPE-
 TENCY OR MISCONDUCT FROM THE HEARING HAS NOT BEEN MADE DURING THE NINETY
 DAY PERIOD, SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS.
   B.  A  HEARING  PURSUANT  TO  THIS  SUBDIVISION WHEREIN THE CHARGES OF
 INCOMPETENCY OR MISCONDUCT ARE DUE TO  THE  DEATH  OR  SERIOUS  PHYSICAL
 INJURY TO A PERSON AS DEFINED IN SECTION 10.00 OF THE PENAL LAW SHALL BE
 EXPEDITED.    THE  HEARING OFFICER SHALL ESTABLISH A HEARING SCHEDULE TO
 ENSURE THAT THIS EXPEDITED HEARING  IS  COMPLETED  WITHIN  THE  REQUIRED
 TIMEFRAMES.
   C. IF, AFTER THE HEARING OF THE CHARGES OF INCOMPETENCY OR MISCONDUCT,
 IT  IS  DETERMINED THAT THE OFFICER WAS FOUND TO NOT HAVE ACTED INCOMPE-
 TENTLY OR COMMITTED AN ACT OF MISCONDUCT, SUCH OFFICER SHALL BE RESTORED
 TO HIS OR HER POSITION WITH FULL PAY FOR THE PERIOD OF  SUSPENSION  LESS
 THE  AMOUNT  OF  ANY  UNEMPLOYMENT INSURANCE BENEFITS HE OR SHE MAY HAVE
 RECEIVED DURING SUCH PERIOD. If such officer  is  found  guilty  of  the
 charges,  the  police  commissioner  of  such  department may punish the
 police officer pursuant to the provisions of sections 14-115 and  14-123
 of the administrative code of the city of New York.
   § 3. If any item, clause, sentence, subparagraph, subdivision, section
 or  other  part of this act, or the application thereof to any person or
 circumstances shall be held  to  be  invalid,  such  holding  shall  not
 affect,  impair or invalidate the remainder of this act, or the applica-
 tion of such section or part of a section held  invalid,  to  any  other
 person  or  circumstances, but shall be confined in its operation to the
 item, clause, sentence, subparagraph, subdivision, section or other part
 of this act directly involved in such holding,  or  to  the  person  and
 circumstances therein involved.
   §  4.  This act shall take effect immediately and shall apply to cases
 pending or arising on or after such effective date.

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Senate Bill S6436

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Sponsored By

Julia Salazar