NY Pub Off L § 3-B (2021)
2021 New York Laws PBO - Public Officers Article 2 - Appointment and Qualification of Public Officers 3-B - Special Peace Officers to Be Citizens; Other Residency Requirements.

§ 3-b. Special   peace   officers  to  be  citizens;  other  residency   requirements. 1. No sheriff of a county, mayor of a city,  or  official,   or  other  persons authorized by law to appoint special deputy sheriffs,   special constables, marshals, police officers, or peace officers in this   state, to preserve the public peace or quell public  disturbance,  shall   hereafter,  at  the  instance  of  any  agent,  society,  association or   corporation, or otherwise,  appoint  as  such  special  deputy,  special   constable,  marshal,  police  officer,  or peace officer, any person who   shall not be a citizen of the United States and a resident of the  state   of  New  York,  and  entitled  to  vote  therein  at  the  time  of  his   appointment, and a resident of the same county as the mayor  or  sheriff   or other official making such appointment; provided, however, that when,   in  the  judgment  of a sheriff of a county except those counties within   the city of  New  York  a  situation  exists  which  requires  temporary   additional  assistance, such sheriff may appoint special deputy sheriffs   who are non-residents of the county but residents of the  state  of  New   York  who  shall  hold  office until such time as the appointing sheriff   determines that the situation no longer  exists;  and  no  person  shall   assume  or exercise the functions, powers, duties or privileges incident   and  belonging  to  the  office  of  special  deputy  sheriff,   special   constables,  marshal,  police  officer, or peace officer, without having   first received his appointment in writing from  the  authority  lawfully   appointing  him.  Nothing  herein contained, however, shall apply to the   appointment of a non-resident, as an emergency special  deputy  sheriff,   by  the  sheriff  of  any county to act when such sheriff has declared a   state of special emergency pursuant to the  provisions  of  section  two   hundred  nine-f of the general municipal law. Provided further, that any   person otherwise qualified who resides in either the county of Nassau or   the county of  Suffolk  may  at  the  instance  of  a  society  for  the   prevention  of cruelty to animals be appointed as a peace officer by the   appropriate   appointing   official   of   either   of   such   counties   notwithstanding  that  such appointee does not reside in the same county   as the appointing official. Provided, further, that any person qualified   who resides in a county adjacent to the county of Allegany  may  at  the   instance of the society for the prevention of cruelty to animals for the   county  of  Allegany  be appointed as a peace officer by the appropriate   appointing official of the county of Allegany. Provided,  further,  that   any  person  qualified who resides in a county adjacent to the county of   Albany may at the instance of the society for the prevention of  cruelty   to  animals  for the county of Albany be appointed as a peace officer by   the appropriate appointing official of the county of  Albany.  Provided,   further,  that  any person otherwise qualified who resides in the county   of Orange or Westchester may at the instance  of  the  society  for  the   prevention of cruelty to animals for the county of Rockland be appointed   as  a peace officer by the appropriate appointing official of the county   of Rockland. Provided, further, that any person qualified who resides in   a county adjacent to the county of Putnam may at  the  instance  of  the   society  for  the  prevention  of  cruelty  to animals for the county of   Putnam be appointed as a peace officer  by  the  appropriate  appointing   official  in  the  county  of Putnam. Provided, further, that any person   qualified who resides in a county adjacent to the county of  Monroe  may   at the instance of the Humane Society of Rochester and Monroe County for   the  Prevention  of Cruelty to Animals, Inc., doing business as Lollypop   Farm, be appointed as a peace  officer  by  the  appropriate  appointing   official in the county of Monroe.2.  Neither  the provisions of this section or of any general, special   or local law, charter, code, ordinance, resolution, rule or  regulation,   requiring  a  person  to  be  a resident of the political subdivision or    municipal corporation of the state by which he or she is employed, shall   apply to a person employed by a city with a population over one  million   in  the  titles  of fire protection inspector, associate fire protection   inspector, or supervising fire protection inspector, provided that he or   she  has completed two years of employment with the city of New York and   is a resident of New  York,  Kings,  Queens,  Bronx,  Richmond,  Nassau,   Westchester, Suffolk, Orange, Rockland or Putnam county.3.  Neither  the provisions of this section or of any general, special   or local law, charter, code, ordinance, resolution, rule or  regulation,   requiring  a  person  to  be  a resident of the political subdivision or   municipal corporation of the state by which he or she is employed, shall   apply to a person employed by a city with a population over one  million   in  the  titles  of  urban  park  ranger, associate urban park ranger or   traffic enforcement  agent  level  IV,  provided  that  he  or  she  has   completed  two  years  of  employment with the city of New York and is a   resident  of  New  York,  Kings,  Queens,   Bronx,   Richmond,   Nassau,   Westchester, Suffolk, Orange, Rockland or Putnam county.4.  Neither  the provisions of this section or of any general, special   or local law, charter, code, ordinance, resolution, rule or  regulation,   requiring  a  person  to  be  a resident of the political subdivision or   municipal corporation of the state by which he or she is employed, shall   apply to a person employed by a city  with  a  population  of  over  one   million  in  the  titles  of  special  officer,  senior special officer,   principal special officer and supervising special  officer  as  "special   officer" is defined in subdivision forty of section 2.10 of the criminal   procedure  law,  evidence  and  property  control  specialists, taxi and   limousine inspector, taxi  and  limousine  inspector  (motor  vehicles),   senior taxi and limousine inspector, senior taxi and limousine inspector   (motor  vehicles),  associate  taxi and limousine inspector, supervising   taxi and limousine inspector, supervising taxi and  limousine  inspector   (motor  vehicles),  education  facilities  officers  L1 (formerly school   guards),  education  facilities  officers  L2  (formerly  school  safety   officers),  hospital  security officers, campus security officer, campus   peace  officer,  college  security  specialist,  campus  public   safety   sergeant,  campus  security  assistant  or  school  guard (school safety   agent), provided that he or she has completed two  years  of  employment   with  the city of New York and is a resident of New York, Kings, Queens,   Bronx, Richmond,  Nassau,  Westchester,  Suffolk,  Orange,  Rockland  or   Putnam county.5.  In  respect  to peace officers employed by Cornell university, and   assigned to the Ithaca campus, pursuant to section  fifty-seven  hundred   nine  of  the  education law, the provisions of this section requiring a   person to be a resident of the same county as  the  appointing  official   shall  not  prevent a person from serving as a peace officer for Cornell   university, or as a special deputy sheriff, and assigned to  the  Ithaca   campus,  as  defined  in  subdivision  forty-two  of section 2.10 of the   criminal procedure law, provided that such person resides in  the  state   of New York.6.  Neither  the provisions of this section or of any general, special   or local law, charter, code, ordinance, resolution, rule or  regulation,   requiring  a  person  to  be  a resident of the political subdivision or   municipal corporation of the state by which he or  she  is  employed  or   appointed,  shall apply to a person employed or appointed by a political   subdivision or municipal corporation of the state as an auxiliary police   officer or special deputy sheriff, provided that such  auxiliary  police   officer  or special deputy sheriff is trained and registered pursuant to   the provisions of section eight hundred forty-five of the executive law;   and provided, further, that such auxiliary  police  officer  or  special    deputy sheriff resides in the county in which such political subdivision   is  located  or  an adjoining county within the state. The provisions of   this subdivision shall not apply to a city having a  population  of  one   million or more.7.  Neither  the provisions of this section or of any general, special   or local law, charter, code, ordinance, resolution, rule or  regulation,   requiring  a  person  to  be  a resident of the political subdivision or   municipal corporation of the state for which he or she shall be employed   or appointed or within which his or her official functions are  required   to be exercised, shall apply to a person who is a member of the security   force   employed   or  appointed  by  Kaleida  Health  as  described  in   subdivision eighty-three of section 2.10 of the criminal procedure  law,   provided  that  such person resides in the county in which such security   force of Kaleida Health is located or an  adjoining  county  within  the   state.  The  provisions of this subdivision shall only apply to a person   who is a member of the security force employed by Kaleida Health on  the   effective date of this subdivision.A violation of the provisions of this section is a misdemeanor.