Section 58. Requirements for provisional or permanent appointment of certain police officers

1. Notwithstanding any other provision of this law or  any general, special or local law to the contrary, no  person  shall  be
  eligible  for  provisional  or  permanent appointment in the competitive
  class of the civil service as a police officer of any  police  force  or
  police  department of any county, city, town, village, housing authority
  or  police  district  unless  he  shall  satisfy  the  following   basic
  requirements:
    (a)  he  or she is not less than twenty years of age as of the date of
  appointment nor more than thirty-five years of age as of the  date  when
  the  applicant  takes the written examination, provided that the maximum
  age requirement of thirty-five  years  of  age  as  set  forth  in  this
  paragraph  shall  not  apply  to eligible lists finalized pursuant to an
  examination administered prior to  May  thirty-first,  nineteen  hundred
  ninety-nine, provided, however, that:
    (i)  time spent on military duty or on terminal leave, not exceeding a
  total of six years, shall be subtracted from the age  of  any  applicant
  who  has  passed  his  or  her  thirty-fifth  birthday  as  provided  in
  subdivision ten-a of section two hundred  forty-three  of  the  military
  law;
    (ii) such maximum age requirement of thirty-five years shall not apply
  to  any  police officer as defined in subdivision thirty-four of section
  1.20 of the criminal procedure law, who was continuously employed by the
  Buffalo municipal housing authority between January first, two  thousand
  five  and  June  thirtieth,  two  thousand  five  and who takes the next
  written exam offered after the effective date of  this  subparagraph  by
  the  city of Buffalo civil service commission for employment as a police
  officer in the city of Buffalo police department, or June thirtieth, two
  thousand six, whichever is later; and
    (iii) such maximum age requirement  of  thirty-five  years  shall  not
  apply  to any police officer of any county, town, city or village police
  force not otherwise provided for in this section if  the  eligible  list
  has been exhausted and there are no other eligible candidates; provided,
  however,  the police officer themselves are on the eligible list of such
  county, town, city or village and meet all other requirements  of  merit
  and  fitness set forth by this chapter and do not exceed the maximum age
  of thirty-nine;
    (b) he is a high  school  graduate  or  a  holder  of  a  high  school
  equivalency  diploma  issued  by  an  education department of any of the
  states of the United States or a holder of a comparable  diploma  issued
  by  any commonwealth, territory or possession of the United States or by
  the Canal Zone or a holder of a report  from  the  United  States  armed
  forces  certifying  his  successful  completion  of the tests of general
  educational development, high school level;
    (c) he satisfies the height, weight and physical fitness  requirements
  prescribed  by  the  municipal  police  training council pursuant to the
  provisions of section eight hundred forty of the executive law; and
    (d) he is of good moral character.
    1-b. Notwithstanding the provisions  of  any  other  section  of  law,
  general,  special  or  local,  in  political  subdivisions maintaining a
  police department serving a population of one hundred fifty thousand  or
  less, no person shall be eligible for appointment nor shall he or she be
  appointed  to any rank above the rank of police officer unless he or she
  has been appointed a police officer from an  eligible  list  established
  according  to  merit  and  fitness as provided by section six of article
  five of the constitution of the state of  New  York  or  has  previously
  served as a member of the New York state police.

    1-c.  Notwithstanding  the  provisions  of  any  other section of law,
  general, special or  local,  any  political  subdivision  maintaining  a
  police  department serving a population of one hundred fifty thousand or
  less and with positions for more than four  full-time  police  officers,
  shall maintain the office of chief of police.
    2.  The provisions of this section shall not prevent any county, city,
  town, village, housing authority, transit authority or  police  district
  from setting more restrictive requirements of eligibility for its police
  officers,  except  the maximum age to be a police officer as provided in
  paragraph (a) of subdivision one of this section.
    3. As used in this section, the term "police officer" means  a  member
  of  the regional state park police or a police force, police department,
  or  other  organization  of  a  county,  city,  town,  village,  housing
  authority,  transit authority or police district, who is responsible for
  the prevention and detection of crime and the enforcement of the general
  criminal laws of the state, but shall not include any person serving  as
  such solely by virtue of his occupying any other office or position, nor
  shall  such  term  include  a  sheriff,  under-sheriff,  commissioner of
  police, deputy or assistant commissioner of  police,  chief  of  police,
  deputy  or  assistant chief of police or any person having an equivalent
  title who is appointed or employed to  exercise  equivalent  supervisory
  authority.
    4.   (a)   Any  person  who  has  received  provisional  or  permanent
  appointment in the competitive class of the civil service  as  a  police
  officer  of the regional state park police or any police force or police
  department of  any  county,  city,  town,  village,  housing  authority,
  transit  authority  or  police district shall be eligible to resign from
  any police force or police department, and to be appointed as  a  police
  officer  in  the  same  or  any  other police force or police department
  without satisfying the age requirements set forth in  paragraph  (a)  of
  subdivision one of this section at the time of such second or subsequent
  appointment,  provided  such  second  or  subsequent  appointment occurs
  within thirty days of the date of resignation.
    (b)  Any  person  who  has  received  permanent  appointment  in   the
  competitive  class  of  the  civil  service  as  a police officer of the
  regional state park police or any police force or police  department  of
  any county, city, town, village, housing authority, transit authority or
  police  district  shall  be  eligible to resign from any police force or
  police department and, subject to such civil service  rules  as  may  be
  applicable, shall be eligible for reinstatement in the same police force
  or  police  department or in any other police force or police department
  to which he was  eligible  for  transfer,  without  satisfying  the  age
  requirements  set  forth  in  paragraph  (a)  of subdivision one of this
  section at the time of such reinstatement, provided  such  reinstatement
  occurs within one year of the date of resignation.
    (c)  (i)  Legislative findings and declaration. The legislature hereby
  finds and declares that it  is  frequently  impracticable  to  ascertain
  fitness  for  the positions of detective and investigator within various
  police  or  sheriffs  departments  around  the  state  by  means  of   a
  competitive  examination due to the unique nature of the duties assigned
  and the intangible personal qualities needed to perform such duties. The
  legislature further finds that competitive examination  has  never  been
  employed   in  many  police,  correction  or  sheriffs  departments,  to
  ascertain fitness for the positions of detective and investigator within
  such police, correction or sheriffs departments; such fitness has always
  been determined by evaluation of the capabilities of an individual  (who
  has in any case received permanent appointment to the position of police
  officer,   correction   officer  of  any  rank  or  deputy  sheriff)  by

  supervisory personnel. The legislature further finds that an  individual
  who  performs  in  an  investigatory  position  in a manner sufficiently
  satisfactory to the appropriate supervisors to hold such  an  assignment
  for  a  period  of  eighteen  months,  has  demonstrated fitness for the
  position of detective or investigator within such police, correction  or
  sheriffs  department at least as sufficiently as could be ascertained by
  means of a competitive examination.
    (ii) Notwithstanding any other provision of law, in any  jurisdiction,
  other  than a city with a population of one million or more or the state
  department  of  correctional  services,  which   does   not   administer
  examinations  for  designation  to detective or investigator, any person
  who has  received  permanent  appointment  to  the  position  of  police
  officer,  correction  officer  of  any  rank  or  deputy  sheriff and is
  temporarily assigned to perform the duties of detective or  investigator
  shall,  whenever  such  assignment  to  the  duties  of  a  detective or
  investigator exceeds eighteen months, be  permanently  designated  as  a
  detective  or  investigator and receive the compensation ordinarily paid
  to persons in such designation.
    (iii) Nothing contained in subparagraph (ii) of this  paragraph  shall
  be   construed   to  limit  any  jurisdiction's  ability  to  administer
  examinations  for  appointment  to  the  positions  of   detective   and
  investigator,  provided  however that any person temporarily assigned to
  perform the duties  of  detective  or  investigator  within  the  period
  commencing September twenty-third, nineteen hundred ninety-three through
  and including the date upon which this paragraph shall have become a law
  and  who  has not been designated as a detective or investigator and who
  has not been subject to an examination for which there  is  a  certified
  eligible  list,  shall  be  permanently  designated  as  a  detective or
  investigator whenever such assignment to  the  duties  of  detective  or
  investigator exceeds eighteen months.
    (iv)   Detectives   and   investigators   designated  since  September
  twenty-third,  nineteen   hundred   ninety   and   prior   to   February
  twenty-fourth,  nineteen hundred ninety-five by any state, county, town,
  village or city (other than a city with a population of one  million  or
  more   or   the  state  department  of  correctional  services)  police,
  correction or sheriffs department, pursuant to the  provisions  of  this
  paragraph  in  effect  during such period, who continue to serve in such
  positions, shall retain their detective or investigator  status  without
  any right to retroactive financial entitlement.
    5.  The  provisions  of  this  section  shall  not apply to the police
  department of the city of New York or to the investigatory personnel  of
  the  office of the district attorney in any county, including any county
  within the city of New York.
    6. The provisions of this section shall not apply  to  any  individual
  holding  the  position  of deputy sheriff in Westchester county prior to
  July first, nineteen hundred seventy-nine  upon  the  transfer  of  such
  individual  to  service  in  the Westchester county department of public
  safety services.