215 - Organization; salaries; qualifications; appointment; term; rules and regulations. - New York Statutes

§ 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 $66,905Step 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 $102,807Lieutenant 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, StaffSergeant 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.