BILL NUMBER: S1982

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to the completion
of training requirements for sheriffs and undersheriffs

 
PURPOSE:

Excludes Sheriffs and Undersheriffs from certain training required under
section 209-q of the general municipal law.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 209-q of the general municipal law to provide
that an elected or appointed sheriff or undersheriff will not be consid-
ered a person who receives such an original appointment on a permanent
basis as a police officer and shall not be subject to the training
requirements of this section.

Section two states the effective date.
              

 
JUSTIFICATION:

Historically, individuals elected to the office of Sheriff were granted
police officer powers by virtue of simply holding the office.  This was
the case since the formal inception of the Office of Sheriff via the New
York State Constitution and remained so even after the adoption of more
formal training requirements for police officers as our bodies of law
evolved and modernized throughout the last century.  Without apparent
explanation or justification, this consideration for the Office of Sher-
iff was stricken from the General Municipal Law as part of the larger
Professional Policing Act of 2020. Whether this was the underlying
intention of the original legislation or not, the unique nature of the
Office of Sheriff warrants a return to the former statutory scheme with
regards to inherent police powers that attach to that position.

The Office of Sheriff is unique among New York State Law enforcement
entities in two respects. First, it is the only elected law enforcement
position in New York, and the only one that is established in our state
Constitution. A Sheriff rightfully derives their law enforcement author-
ity from the people who have chosen to elect them and from the Constitu-
tion itself which designates them as conservators of the peace.

There is now a distinct electoral disadvantage of candidates for the
Office of Sheriff who do not come from a law enforcement background.
Those seekers of the Office, however qualified they might otherwise be
in government administration, could be depicted by their opponent who
may come from a police background as unfit for that role. This will only
serve to diminish the pool of aspiring public servants who could bring
diversity and new perspectives to the Office of Sheriff.  This bill
seeks to exclude Sheriffs and Undersheriffs from the training required
under section 209-q of the general municipal law.

 
LEGISLATIVE HISTORY:

2023-2024: S2695B/A7086 - Passed Senate/ Died in Local Government

2021-2022: S9264 - Died in Local Government

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.