Section 209-Q. Permanent appointment of police officers; completion of training program  


Latest version.
  • 1. (a) Notwithstanding the provisions of any  general,  special  or local law or charter to the contrary, no person shall, after
      July first, nineteen hundred sixty, receive an original appointment on a
      permanent basis as a police officer of any county, city,  town,  village
      or  police  district  unless  such  person has previously been awarded a
      certificate by the executive director of the municipal  police  training
      council   created  under  article  thirty-five  of  the  executive  law,
      attesting to his satisfactory completion of an approved municipal police
      basic training program; and every person who is appointed on a temporary
      basis or for a probationary term or on other than a permanent basis as a
      police officer of any county, city, town,  village  or  police  district
      shall   forfeit   his   position   as  such  unless  he  previously  has
      satisfactorily completed, or within the time prescribed  by  regulations
      promulgated  by the governor pursuant to section eight hundred forty-two
      of the executive law, satisfactorily completes, a municipal police basic
      training program for temporary or probationary police  officers  and  is
      awarded a certificate by such director attesting thereto.
        (b)  A certificate attesting to satisfactory completion of an approved
      municipal  police  basic  training  program  awarded  by  the  executive
      director  of  the  municipal  police  training  council pursuant to this
      subdivision shall remain valid:
        (i) during the holder's continuous service  as  a  police  officer  or
      peace  officer  who  has  an  equivalency certificate for police officer
      training or an approved course for state university of New  York  public
      safety  officers  issued in accordance with subdivision three of section
      eight hundred forty-one of the executive law; and
        (ii)  for  two  years  after  the  date  of  the  commencement  of  an
      interruption  in such service where the holder had, immediately prior to
      such interruption, served as a police officer or peace officer  who  has
      an  equivalency  certificate  for police officer training or an approved
      course for state university of New York public safety officers issued in
      accordance with subdivision three of section eight hundred forty-one  of
      the executive law, for less than two consecutive years; or
        (iii)  for  four  years  after  the  date  of  the  commencement of an
      interruption in such service where the holder had, immediately prior  to
      such  interruption,  served as a police officer or peace officer who has
      an equivalency certificate for police officer training  or  an  approved
      course for state university of New York public safety officers issued in
      accordance  with subdivision three of section eight hundred forty-one of
      the executive law, for two consecutive years or longer; or
        (iv) where the holder, whose interruption in continuous service  as  a
      police  officer  does not exceed ten years, has satisfactorily completed
      an approved police officer refresher course or where  a  peace  officer,
      who  seeks  an equivalency certificate for police officer training or an
      approved course for state university of New York public safety  officers
      issued  in  accordance  with  subdivision three of section eight hundred
      forty-one of the executive law, has  satisfactorily  completed  relevant
      police  officer  training courses, as prescribed by the municipal police
      training council.
        (c) As used in this subdivision, the term "interruption" shall mean  a
      period  of  separation  from  employment  as  a  police officer or peace
      officer who has an equivalency certificate for police  officer  training
      or  an  approved  course  for state university of New York public safety
      officers issued in accordance with subdivision three  of  section  eight
      hundred  forty-one  of  the  executive  law, by reason of such officer's
      leave of absence, resignation or removal, other than removal for cause.
    
        1-a. Notwithstanding the provisions of any general, special  or  local
      law  or  charter,  the  promotion  of any police officer to a first-line
      supervisory  position  on  or  after  July   first,   nineteen   hundred
      sixty-seven,  shall  not become permanent unless such police officer has
      previously  been  awarded a certificate by the executive director of the
      municipal police training council created under  article  nineteen-f  of
      the  executive  law,  attesting  to  his  satisfactory  completion of an
      approved course in police supervision as  prescribed  by  the  municipal
      police training council. Any police officer who is promoted on any basis
      to  a  first-line  supervisory position on or after July first, nineteen
      hundred sixty-seven shall forfeit such promotion  unless  he  previously
      has   satisfactorily   completed,  or  within  the  time  prescribed  by
      regulations promulgated by the governor pursuant to section four hundred
      eighty-four  of  the  executive  law   satisfactorily   completes,   the
      prescribed  course in police supervision and is awarded a certificate by
      such director attesting thereto.
        2. a. The term "police officer", as used in this section, shall mean a
      member of a police force or other organization of a  municipality  or  a
      detective or rackets investigator employed by the office of the district
      attorney  in any county located in a city of one million or more persons
      who is responsible for the prevention or  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  or
      under-sheriff,  the  sheriff  or deputy sheriff of the city of New York,
      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  by  a  county,
      city,   town,   village   or  police  district  to  exercise  equivalent
      supervisory authority.
        b. The  term  "first-line  supervisory  position",  as  used  in  this
      section,  shall mean the position or rank of a police officer next above
      the beginning rank of patrolman or the  rank  equivalent  to  patrolman,
      which requires performance of supervisory duties.
        3.  The provisions of subdivisions one and one-a of this section shall
      not apply to a city having a population of one million or  more  to  the
      extent  that  such  city  has, by regulation promulgated by the governor
      pursuant to section eight hundred  forty  of  the  executive  law,  been
      exempted  from  the  provisions  of article thirty-five of the executive
      law.
        4. Nothing in this section shall be construed  to  except  any  police
      officer,  or  other officer or employee from the provisions of the civil
      service law.