Legislation

Search OpenLegislation Statutes

This entry was published on 2019-04-12
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 215
Organization; salaries; qualifications; appointment; term; rules and regulations
Executive (EXC) CHAPTER 18, ARTICLE 11
§ 215. Organization; salaries; qualifications; appointment; term;
rules and regulations. 1. The New York state police shall, in addition
to the superintendent, consist of the following sworn members:

(a) a headquarters staff consisting of the following positions:

(1) one first deputy superintendent;

(2) one deputy superintendent who shall serve as field commander;

(3) one deputy superintendent in charge of administrative services;

(4) one deputy superintendent in charge of employee relations,
training and human resources;

(5) one deputy superintendent who shall serve as chief inspector in
charge of inspectional services and internal affairs;

(6) one counsel;

(7) seven assistant deputy superintendents, one of whom shall be
assigned to the uniform force, one to the bureau of criminal
investigation, two for administrative services, one for employee
relations, training and human resources, and two who shall serve as
deputy chief inspectors;

(8) one confidential assistant;

(9) one first assistant counsel and such assistant counsels and staff
attorneys as the superintendant may appoint;

(10) such inspectors as the superintendent may appoint;

(11) such majors, one of whom shall be the director of training and
commanding officer of the New York state police academy and one of whom
shall be in charge of the detail assigned for special duty with the
governor, as the superintendent may appoint;

(12) such captains as the superintendent may appoint;

(13) such technical lieutenants as the superintendent may appoint;

(14) one chief technical sergeant;

(15) such staff sergeants and technical sergeants as the
superintendent may appoint from time to time; and

(16) such additional members as the superintendent may deem necessary
for the adequate and proper administration of the New York state police.

(b) in addition to the headquarters staff there shall be not less than
ten troops each composed of:

(1) one major;

(2) not less than seven lieutenants; such lieutenants designated as
captains by the superintendent shall serve as zone commanders;

(3) one first sergeant;

(4) such sergeants as the superintendent may appoint within the sums
appropriated therefor; sergeants designated by the superintendent as
zone sergeants shall serve as assistant zone commanders;

(5) such technical sergeants as the superintendent may appoint from
time to time within the sums appropriated therefor;

(6) such corporals as shall hold office as such; and

(7) such troopers as the superintendent may appoint within the sums
appropriated therefor.

Appointment or assignment to such positions shall be made by the
superintendent who shall also fix the salaries for such positions
subject to the approval of the director of the budget within the sums
appropriated therefor.

The superintendent may appoint to the troops, within the sums
appropriated therefor, as members of the New York state police, such
numbers as may be required to carry out the purposes of the New York
state police, and he may also from time to time, within the sums
appropriated therefor, appoint such other additional personnel as may be
required for all necessary police purposes, including policing and
protecting the lands and parkways of the state.

2. a. Salary schedules for the titles of trooper, sergeant, technical
sergeant, station commander, zone sergeant, first sergeant, staff
sergeant, chief technical sergeant, lieutenant, technical lieutenant,
lieutenant BCI, captain, captain BCI and major:

(1) Effective April first, two thousand eighteen, members of the
collective negotiating unit consisting of troopers in the division of
state police shall receive a basic annual salary pursuant to the
following schedule:

Orange, City of New Nassau and All Other

Putnam and York, Rockland Suffolk Locations

Dutchess and Westchester Counties

Counties Counties
Trainee 1 N/A N/A N/A $55,073
Trainee 2 $73,365 $74,529 $74,832 $73,146
Step 1 $78,124 $79,289 $79,595 $77,909
Step 2 $82,882 $84,047 $84,353 $82,665
Step 3 $85,731 $86,895 $87,201 $85,514
Step 4 $89,109 $90,272 $90,578 $88,890
Step 5 $92,862 $94,025 $94,332 $92,644

(2) Effective April first, two thousand nineteen, members of the
collective negotiating unit consisting of troopers in the division of
state police shall receive the basic annual salary pursuant to the
following schedule, except that (a) any member at the trainee 1 rate as
of March 31, 2019 shall receive the salary in this subparagraph (if
eligible) and progress to the trainee 2 rate as provided in subparagraph
one of this paragraph until such time as they complete their service in
the trainee 2 rate and at such time they shall move to the Step 1 in
this subparagraph and (b) any member at the trainee 2 rate, pursuant to
subparagraph one of this paragraph, as of March thirty-first, two
thousand nineteen shall receive a two percent increase in salary rather
than the trainee 2 rate in this paragraph until such time as they
complete their service as a trainee 2 and move to the Step 1 rate in the
following schedule:

Orange, City of New Nassau and All Other

Putnam and York, Rockland Suffolk Locations

Dutchess and Westchester Counties

Counties Counties
Trainee 1 N/A N/A N/A $56,174
Trainee 2 $56,174 $56,174 $56,174 $56,174
Step 1 $79,686 $80,875 $81,187 $79,467
Step 2 $84,540 $85,728 $86,040 $84,318
Step 3 $87,446 $88,633 $88,945 $87,224
Step 4 $90,891 $92,077 $92,390 $90,668
Step 5 $94,719 $95,906 $96,219 $94,497

(3) Effective April first, two thousand twenty, members of the
collective negotiating unit consisting of troopers in the division of
state police shall receive a basic annual salary pursuant to the
following schedule:

Orange, City of New Nassau and All Other

Putnam and York, Rockland Suffolk Locations

Dutchess and Westchester Counties

Counties Counties
Trainee 1 N/A N/A N/A $57,297
Trainee 2 $57,297 $57,297 $57,297 $57,297
Step 1 $81,280 $82,493 $82,811 $81,056
Step 2 $86,231 $87,443 $87,761 $86,004
Step 3 $89,195 $90,406 $90,724 $88,968
Step 4 $92,709 $93,919 $94,238 $92,481
Step 5 $96,613 $97,824 $98,143 $96,387

(4) Effective April first, two thousand twenty-one, members of the
collective negotiating unit consisting of troopers in the division of
state police shall receive a basic annual salary pursuant to the
following schedule:

Orange, City of New Nassau and All Other

Putnam and York, Rockland Suffolk Locations

Dutchess and Westchester Counties

Counties Counties
Trainee 1 N/A N/A N/A $58,443
Trainee 2 $58,443 $58,443 $58,443 $58,443
Step 1 $82,906 $84,143 $84,467 $82,677
Step 2 $87,956 $89,192 $89,516 $87,724
Step 3 $90,979 $92,214 $92,538 $90,747
Step 4 $94,563 $95,797 $96,123 $94,331
Step 5 $98,545 $99,780 $100,106 $98,315

(5) Effective April first, two thousand twenty-two, members of the
collective negotiating unit consisting of troopers in the division of
state police shall receive a basic annual salary pursuant to the
following schedule:

Orange, City of New Nassau and All Other

Putnam and York, Rockland Suffolk Locations

Dutchess and Westchester Counties

Counties Counties
Trainee 1 N/A N/A N/A $59,612
Trainee 2 $59,612 $59,612 $59,612 $59,612
Step 1 $84,564 $85,826 $86,156 $84,331
Step 2 $89,715 $90,976 $91,306 $89,478
Step 3 $92,799 $94,058 $94,389 $92,562
Step 4 $96,454 $97,713 $98,045 $96,218
Step 5 $100,516 $101,776 $102,108 $100,281

(6) Effective April first, two thousand eighteen, members of the
collective negotiating unit consisting of commissioned and
non-commissioned officers in the division of state police shall receive
a basic annual salary pursuant to the following schedule:

O/P/Du NYC/R/W Nass/Suff All Others
Sergeant and
Technical
Sergeant $109,380 $110,546 $110,851 $109,163
Station
Commander $112,914 $114,080 $114,385 $112,700
Zone
Sergeant $114,717 $115,878 $116,183 $114,500
First,
Staff
and
Chief T/
Sgt $120,619 $121,781 $122,087 $120,401
Lieutenant
and
Technical
Lieutenant $130,715 $131,878 $132,183 $130,500
Lieutenant
BCI $133,275 $134,439 $134,744 $133,057
Captain $139,403 $140,567 $140,875 $139,187
Captain BCI $142,002 $143,163 $143,470 $141,783
Major $148,540 $149,703 $150,008 $148,321

(7) Effective April first, two thousand nineteen, members of the
collective negotiating unit consisting of commissioned and
non-commissioned officers in the division of state police shall receive
a basic annual salary pursuant to the following schedule:

O/P/Du NYC/R/W Nass/Suff All Others
Sergeant and
Technical
Sergeant $111,568 $112,757 $113,068 $111,346
Station
Commander $115,172 $116,362 $116,673 $114,954
Zone
Sergeant $117,011 $118,196 $118,507 $116,790
First,
Staff
and
Chief T/
Sgt $123,031 $124,217 $124,529 $122,809
Lieutenant
and
Technical
Lieutenant $133,329 $134,516 $134,827 $133,110
Lieutenant
BCI $135,941 $137,128 $137,439 $135,718
Captain $142,191 $143,378 $143,693 $141,971
Captain BCI $144,842 $146,026 $146,339 $144,619
Major $151,511 $152,697 $153,008 $151,287

(8) Effective April first, two thousand twenty, members of the
collective negotiating unit consisting of commissioned and
non-commissioned officers in the division of state police shall receive
a basic annual salary pursuant to the following schedule:

O/P/Du NYC/R/W Nass/Suff All Others
Sergeant and
Technical
Sergeant $113,799 $115,012 $115,329 $113,573
Station
Commander $117,475 $118,689 $119,006 $117,253
Zone
Sergeant $119,351 $120,560 $120,877 $119,126
First,
Staff
and
Chief T/
Sgt $125,492 $126,701 $127,020 $125,265
Lieutenant
and
Technical
Lieutenant $135,996 $137,206 $137,524 $135,772
Lieutenant
BCI $138,660 $139,871 $140,188 $138,432
Captain $145,035 $146,246 $146,567 $144,810
Captain BCI $147,739 $148,947 $149,266 $147,511
Major $154,541 $155,751 $156,068 $154,313

(9) Effective April first, two thousand twenty-one, members of the
collective negotiating unit consisting of commissioned and
non-commissioned officers in the division of state police shall receive
a basic annual salary pursuant to the following schedule:

O/P/Du NYC/R/W Nass/Suff All Others
Sergeant and
Technical
Sergeant $116,075 $117,312 $117,636 $115,844
Station
Commander $119,825 $121,063 $121,386 $119,598
Zone
Sergeant $121,738 $122,971 $123,295 $121,509
First,
Staff
and
Chief T/
Sgt $128,002 $129,235 $129,560 $127,770
Lieutenant
and
Technical
Lieutenant $138,716 $139,950 $140,274 $138,487
Lieutenant
BCI $141,433 $142,668 $142,992 $141,201
Captain $147,936 $149,171 $149,498 $147,706
Captain BCI $150,694 $151,926 $152,251 $150,461
Major $157,632 $158,866 $159,189 $157,399

(10) Effective April first, two thousand twenty-two, members of the
collective negotiating unit consisting of commissioned and
non-commissioned officers in the division of state police shall receive
a basic annual salary pursuant to the following schedule:

O/P/Du NYC/R/W Nass/Suff All Others
Sergeant and
Technical
Sergeant $118,397 $119,658 $119,989 $118,161
Station
Commander $122,222 $123,484 $123,814 $121,990
Zone
Sergeant $124,173 $125,430 $125,761 $123,939
First,
Staff
and
Chief T/
Sgt $130,562 $131,820 $132,151 $130,325
Lieutenant
and
Technical
Lieutenant $141,490 $142,749 $143,079 $141,257
Lieutenant
BCI $144,262 $145,521 $145,852 $144,025
Captain $150,895 $152,154 $152,488 $150,660
Captain BCI $153,708 $154,965 $155,296 $153,470
Major $160,785 $162,043 $162,373 $160,547

b. The salary schedules in subparagraphs one, two, three and four of
paragraph a of this subdivision shall reflect a five-step progression
from the entry level, step 1 salary to the highest level, step 5, for
the position of trooper.

c. The salary schedules in paragraph a of this subdivision reflect the
basic annual salary for employees in those titles listed whose principal
place of employment, or in the case of a field employee, whose official
station as determined in accordance with the regulations of the state
comptroller is located in the locations listed in the salary schedule.
The salary schedules shall not be applicable to those members in the
title of Special Trooper.

2-a. The superintendent may also appoint a division physician who
shall be the medical consultant and chief medical examiner of the New
York state police, and assistant division physicians each of whom shall
be an assistant medical consultant and assistant chief medical examiner
of the New York state police.

3. The sworn members of the New York state police shall be appointed
by the superintendent and permanent appointees may be removed by the
superintendent only after a hearing. No person shall be appointed to the
New York state police force as a sworn member unless he or she shall be
a citizen of the United States, between the ages of twenty-one and
twenty-nine years except that in the superintendent's discretion, the
maximum age may be extended to thirty-five years. Notwithstanding any
other provision of law or any general or special law to the contrary the
time spent on military duty, not exceeding a total of six years, shall
be subtracted from the age of any applicant who has passed his or her
twenty-ninth birthday, solely for the purpose of permitting
qualification as to age and for no other purpose. Such limitations as to
age however shall not apply to persons appointed to the positions of
counsel, first assistant counsel, assistant counsel, and assistant
deputy superintendent for employee relations nor to any person appointed
to the bureau of criminal investigation pursuant to section two hundred
sixteen of this article nor shall any person be appointed unless he or
she has fitness and good moral character and shall have passed a
physical and mental examination based upon standards provided by the
rules and regulations of the superintendent. Appointments shall be made
for a probationary period which, in the case of appointees required to
attend and complete a basic training program at the state police
academy, shall include such time spent attending the basic school and
terminate one year after successful completion thereof. All other sworn
members shall be subject to a probationary period of one year from the
date of appointment. Following satisfactory completion of the
probationary period the member shall be a permanent appointee. Voluntary
resignation or withdrawal from the New York state police during such
appointment shall be submitted to the superintendent for approval.
Reasonable time shall be required to account for all equipment issued or
for debts or obligations to the state to be satisfied. Resignation or
withdrawal from the division during a time of emergency, so declared by
the governor, shall not be approved if contrary to the best interest of
the state and shall be a misdemeanor. No sworn member removed from the
New York state police shall be eligible for reappointment. The
superintendent shall make rules and regulations subject to approval by
the governor for the discipline and control of the New York state police
and for the examination and qualifications of applicants for appointment
as members thereto and such examinations shall be held and conducted by
the superintendent subject to such rules and regulations. The
superintendent is authorized to charge a fee of twenty dollars as an
application fee for any person applying to take a competitive
examination for the position of trooper, and a fee of five dollars for
any competitive examination for a civilian position. The superintendent
shall promulgate regulations subject to the approval of the director of
the budget, to provide for a waiver of the application fee when the fee
would cause an unreasonable hardship on the applicant and to establish a
fee schedule and charge fees for the use of state police facilities.

3-a. Notwithstanding any other law, rule or regulation to the
contrary, the superintendent shall promulgate rules and regulations
subject to approval by the governor for the administration of
supplemental competitive examinations, to be given at not less than six
month intervals for two years following the application deadline date of
the regular competitive examination for the position of trooper, for
individuals who, on the application deadline date or on the date of the
regular competitive examination, are in the active military service and
are otherwise qualified to sit for such exam.

4. The comptroller is hereby authorized to deduct from the salary of
any member of the New York state police or any employee of the New York
state police who holds life or group insurance under any salary savings
plan of the insurer such amounts, for payment of the premium thereon, as
such member or employee may specify in writing filed with the
comptroller, and to transmit to the insurer the sums so deducted. Any
such written authorization may be withdrawn by such member or employee
at any time upon filing written notice of such withdrawal with the
comptroller. Notwithstanding the foregoing provisions of this
subdivision, the employee organization certified, pursuant to article
fourteen of the civil service law, to represent the collective
negotiating unit consisting of troopers in the division of state police
shall have exclusive payroll deduction of membership dues and premiums
for insurance and mass-merchandized automobile and homeowners' insurance
policies for members of such collective negotiating unit and the
employee organization certified to represent the collective negotiating
unit consisting of commissioned and non-commissioned officers and the
employee organization certified to represent the collective negotiating
unit consisting of investigators, senior investigators and investigative
specialists in the division of state police shall have exclusive payroll
deduction of premiums for insurance programs for members of such
collective negotiating unit for which it is so certified. Payroll
deductions for such dues and premiums for members of such collective
negotiating units shall not be authorized for any other employee
organization or group except by express written approval of such
appropriate certified employee organization.

5. Whenever the superintendent finds that under community wage
practices in private or other public employment in one or more areas or
locations in the state, wage rates of police officers in a given
location are substantially higher than the wage rates paid by the state,
he or she may, subject to the approval of the director of the budget,
authorize a pay differential to be added as an adjustment to the
established salary rates for the same or related occupations in the
state police in such areas or locations. A pay differential under this
subdivision shall be a percentage or a fixed dollar amount as prescribed
in each case by the superintendent subject to the approval of the
director of the budget. Such differentials shall be in addition to and
shall not be part of a member's basic annual salary, and shall not
affect or impair any performance advancement payments, performance
awards, longevity payments or other rights or benefits to which a member
may be entitled under the provisions of this chapter, provided, however,
that any differential payable pursuant to this subdivision shall be
included as compensation for retirement purposes. A pay differential
shall be terminated for any member when he or she ceases to be employed
in the position, or area or location for which such pay differential was
authorized. A pay differential shall remain in effect until terminated
by the superintendent, with the consent of the director of the budget or
until a new pay differential is authorized pursuant to this subdivision.
The director of the budget may adopt such regulations as he or she may
deem necessary to carry out the provisions of this subdivision.