Section 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  seven,  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     Not Applicable  Not Applicable  Not Applicable   $50,374
  Trainee 2     $60,820         $61,785         $62,037          $60,639
  Step 1        $64,766         $65,732         $65,985          $64,586
  Step 2        $68,710         $69,675         $69,929          $68,530
  Step 3        $71,072         $72,037         $72,290          $70,891
  Step 4        $73,872         $74,837         $75,090          $73,690
  Step 5        $76,983         $77,948         $78,201          $76,803
    (2)  Effective  April  first,  two  thousand  eight,  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     Not Applicable  Not Applicable  Not Applicable   $50,374
  Trainee 2     $62,645         $63,639         $63,898          $62,458
  Step 1        $66,709         $67,704         $67,965          $66,524
  Step 2        $70,771         $71,765         $72,027          $70,586
  Step 3        $73,204         $74,198         $74,459          $73,018
  Step 4        $76,088         $77,082         $77,343          $75,901
  Step 5        $79,292         $80,286         $80,547          $79,107
    (3)   Effective  April  first,  two  thousand  nine,  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     Not Applicable  Not Applicable  Not Applicable   $50,374
  Trainee 2     $64,524         $65,548         $65,815          $64,332
  Step 1        $68,710         $69,735         $70,004          $68,520
  Step 2        $72,894         $73,918         $74,188          $72,704
  Step 3        $75,400         $76,424         $76,693          $75,209
  Step 4        $78,371         $79,394         $79,663          $78,178
  Step 5        $81,671         $82,695         $82,963          $81,480
    (4) Effective April first, two thousand ten, 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     Not Applicable  Not Applicable  Not Applicable   $50,374
  Trainee 2     $67,105         $68,170         $68,448          $66,905

  Step 1        $71,458         $72,524         $72,804          $71,261
  Step 2        $75,810         $76,875         $77,156          $75,612
  Step 3        $78,416         $79,481         $79,761          $78,217
  Step 4        $81,506         $82,570         $82,850          $81,305
  Step 5        $84,938         $86,003         $86,282          $84,739
    (5)  Effective  April  first,  two  thousand  seven,  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:
                Orange,         City of New     Nassau and       All Other
                Putnam and      York, Rockland  Suffolk          Locations
                Dutchess        and Westchester Counties
                Counties        Counties
  Sergeant and
  Technical
  Sergeant      $90,677         $91,643         $91,896          $90,498
  Station
  Commander     $93,607         $94,574         $94,826          $93,428
  Zone
  Sergeant      $95,100         $96,064         $96,318          $94,921
  First
  Sergeant,
  Staff
  Sergeant and
  Chief
  Technical
  Sergeant      $99,993         $100,958        $101,212         $99,813
  Lieutenant
  and
  Technical
  Lieutenant    $108,364        $109,328        $109,582         $108,185
  Lieutenant
  BCI           $110,486        $111,450        $111,705         $110,306
  Captain       $115,567        $116,531        $116,786         $115,387
  Captain BCI   $117,720        $118,684        $118,938         $117,539
  Major         $123,141        $124,105        $124,359         $122,960
    (6)  Effective  April  first,  two  thousand  eight,  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:
                Orange,         City of New     Nassau and       All Other
                Putnam and      York, Rockland  Suffolk          Locations
                Dutchess        and Westchester Counties
                Counties        Counties
  Sergeant and
  Technical
  Sergeant      $93,397         $94,392         $94,653          $93,213
  Station
  Commander     $96,415         $97,411         $97,671          $96,231
  Zone
  Sergeant      $97,953         $98,946         $99,208          $97,769
  First
  Sergeant,
  Staff
  Sergeant and
  Chief
  Technical
  Sergeant      $102,993        $103,987        $104,248         $102,807

  Lieutenant
  and
  Technical
  Lieutenant    $111,615        $112,608        $112,869         $111,431
  Lieutenant
  BCI           $113,801        $114,794        $115,056         $113,615
  Captain       $119,034        $120,027        $120,290         $118,849
  Captain BCI   $121,252        $122,245        $122,506         $121,065
  Major         $126,835        $127,828        $128,090         $126,649
    (7)   Effective  April  first,  two  thousand  nine,  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:
                Orange,         City of New     Nassau and       All Other
                Putnam and      York, Rockland  Suffolk          Locations
                Dutchess        and Westchester Counties
                Counties        Counties
  Sergeant and
  Technical
  Sergeant      $96,199         $97,224         $97,493          $96,009
  Station
  Commander     $99,307         $100,333        $100,601         $99,118
  Zone
  Sergeant      $100,892        $101,914        $102,184         $100,702
  First
  Sergeant,
  Staff
  Sergeant and
  Chief
  Technical
  Sergeant      $106,083        $107,107        $107,375         $105,891
  Lieutenant
  and
  Technical
  Lieutenant    $114,963        $115,986        $116,255         $114,774
  Lieutenant
  BCI           $117,215        $118,238        $118,508         $117,023
  Captain       $122,605        $123,628        $123,899         $122,414
  Captain BCI   $124,890        $125,912        $126,181         $124,697
  Major         $130,640        $131,663        $131,933         $130,448
    (8) Effective April first, two thousand ten, 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:
                Orange,         City of New     Nassau and       All Other
                Putnam and      York, Rockland  Suffolk          Locations
                Dutchess        and Westchester Counties
                Counties        Counties
  Sergeant and
  Technical
  Sergeant      $100,047        $101,113        $101,393         $99,849
  Station
  Commander     $103,279        $104,346        $104,625         $103,083
  Zone
  Sergeant      $104,928        $105,991        $106,271         $104,730
  First
  Sergeant,
  Staff

  Sergeant and
  Chief
  Technical
  Sergeant      $110,326        $111,391        $111,670         $110,127
  Lieutenant
  and
  Technical
  Lieutenant    $119,562        $120,625        $120,905         $119,365
  Lieutenant
  BCI           $121,904        $122,968        $123,248         $121,704
  Captain       $127,509        $128,573        $128,855         $127,311
  Captain BCI   $129,886        $130,948        $131,228         $129,685
  Major         $135,866        $136,930        $137,210         $135,666
    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.