NY Exec L § 215 (2021)
2021 New York Laws EXC - Executive Article 11 - Division of State Police 215 - Organization; Salaries; Qualifications; Appointment; Term; Rules and Regulations.

§ 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  eighteen, 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       N/A             N/A             N/A            $55,073 Trainee 2     $73,365         $74,529         $74,832          $73,146 Step 1        $78,124         $79,289         $79,595          $77,909 Step 2        $82,882         $84,047         $84,353          $82,665 Step 3        $85,731         $86,895         $87,201          $85,514 Step 4        $89,109         $90,272         $90,578          $88,890 Step 5        $92,862         $94,025         $94,332          $92,644  (2) Effective April first,  two  thousand  nineteen,  members  of  the collective  negotiating  unit  consisting of troopers in the division of state police shall receive the  basic  annual  salary  pursuant  to  the following  schedule, except that (a) any member at the trainee 1 rate as of March 31, 2019 shall receive the  salary  in  this  subparagraph  (if eligible) and progress to the trainee 2 rate as provided in subparagraph one  of this paragraph until such time as they complete their service in the trainee 2 rate and at such time they shall move to  the  Step  1  in this  subparagraph and (b) any member at the trainee 2 rate, pursuant to subparagraph one of  this  paragraph,  as  of  March  thirty-first,  two thousand  nineteen shall receive a two percent increase in salary rather than the trainee 2 rate in  this  paragraph  until  such  time  as  they complete their service as a trainee 2 and move to the Step 1 rate in 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       N/A             N/A             N/A            $56,174 Trainee 2     $56,174         $56,174         $56,174          $56,174 Step 1        $79,686         $80,875         $81,187          $79,467 Step 2        $84,540         $85,728         $86,040          $84,318 Step 3        $87,446         $88,633         $88,945          $87,224 Step 4        $90,891         $92,077         $92,390          $90,668 Step 5        $94,719         $95,906         $96,219          $94,497  (3)  Effective  April  first,  two  thousand  twenty,  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       N/A             N/A             N/A            $57,297 Trainee 2     $57,297         $57,297         $57,297          $57,297 Step 1        $81,280         $82,493         $82,811          $81,056 Step 2        $86,231         $87,443         $87,761          $86,004 Step 3        $89,195         $90,406         $90,724          $88,968  Step 4        $92,709         $93,919         $94,238          $92,481 Step 5        $96,613         $97,824         $98,143          $96,387  (4)  Effective  April  first,  two thousand twenty-one, 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       N/A             N/A             N/A            $58,443 Trainee 2     $58,443         $58,443         $58,443          $58,443 Step 1        $82,906         $84,143         $84,467          $82,677 Step 2        $87,956         $89,192         $89,516          $87,724 Step 3        $90,979         $92,214         $92,538          $90,747 Step 4        $94,563         $95,797         $96,123          $94,331 Step 5        $98,545         $99,780         $100,106         $98,315  (5) Effective April first, two thousand  twenty-two,  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       N/A             N/A             N/A            $59,612 Trainee 2     $59,612         $59,612         $59,612          $59,612 Step 1        $84,564         $85,826         $86,156          $84,331 Step 2        $89,715         $90,976         $91,306          $89,478 Step 3        $92,799         $94,058         $94,389          $92,562 Step 4        $96,454         $97,713         $98,045          $96,218 Step 5        $100,516        $101,776        $102,108         $100,281  (6)  Effective  April  first,  two  thousand  eighteen, 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:               O/P/Du          NYC/R/W         Nass/Suff       All Others Sergeant and Technical Sergeant      $109,380        $110,546        $110,851        $109,163 Station Commander     $112,914        $114,080        $114,385        $112,700 Zone Sergeant      $114,717        $115,878        $116,183        $114,500 First, Staff and Chief T/ Sgt           $120,619        $121,781        $122,087        $120,401 Lieutenant and Technical Lieutenant    $130,715        $131,878        $132,183        $130,500 Lieutenant BCI           $133,275        $134,439        $134,744        $133,057 Captain       $139,403        $140,567        $140,875        $139,187 Captain BCI   $142,002        $143,163        $143,470        $141,783 Major         $148,540        $149,703        $150,008        $148,321  (7) Effective April first,  two  thousand  nineteen,  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:               O/P/Du          NYC/R/W         Nass/Suff       All Others Sergeant and Technical Sergeant      $111,568        $112,757        $113,068        $111,346 Station Commander     $115,172        $116,362        $116,673        $114,954 Zone Sergeant      $117,011        $118,196        $118,507        $116,790 First, Staff and Chief T/ Sgt           $123,031        $124,217        $124,529        $122,809 Lieutenant and Technical Lieutenant    $133,329        $134,516        $134,827        $133,110 Lieutenant BCI           $135,941        $137,128        $137,439        $135,718 Captain       $142,191        $143,378        $143,693        $141,971 Captain BCI   $144,842        $146,026        $146,339        $144,619 Major         $151,511        $152,697        $153,008        $151,287  (8)  Effective  April  first,  two  thousand  twenty,  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:               O/P/Du          NYC/R/W         Nass/Suff       All Others Sergeant and Technical Sergeant      $113,799        $115,012        $115,329        $113,573 Station Commander     $117,475        $118,689        $119,006        $117,253 Zone Sergeant      $119,351        $120,560        $120,877        $119,126 First, Staff and Chief T/ Sgt           $125,492        $126,701        $127,020        $125,265 Lieutenant and Technical Lieutenant    $135,996        $137,206        $137,524        $135,772 Lieutenant BCI           $138,660        $139,871        $140,188        $138,432 Captain       $145,035        $146,246        $146,567        $144,810 Captain BCI   $147,739        $148,947        $149,266        $147,511 Major         $154,541        $155,751        $156,068        $154,313  (9) Effective April first, two thousand  twenty-one,  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:               O/P/Du           NYC/R/W         Nass/Suff      All Others Sergeant and  Technical Sergeant      $116,075        $117,312        $117,636        $115,844 Station Commander     $119,825        $121,063        $121,386        $119,598 Zone Sergeant      $121,738        $122,971        $123,295        $121,509 First, Staff and Chief T/ Sgt           $128,002        $129,235        $129,560        $127,770 Lieutenant and Technical Lieutenant    $138,716        $139,950        $140,274        $138,487 Lieutenant BCI           $141,433        $142,668        $142,992        $141,201 Captain       $147,936        $149,171        $149,498        $147,706 Captain BCI   $150,694        $151,926        $152,251        $150,461 Major         $157,632        $158,866        $159,189        $157,399  (10)  Effective  April  first, two thousand twenty-two, 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:               O/P/Du           NYC/R/W         Nass/Suff      All Others Sergeant and Technical Sergeant      $118,397        $119,658        $119,989        $118,161 Station Commander     $122,222        $123,484        $123,814        $121,990 Zone Sergeant      $124,173        $125,430        $125,761        $123,939 First, Staff and Chief T/ Sgt           $130,562        $131,820        $132,151        $130,325 Lieutenant and Technical Lieutenant    $141,490        $142,749        $143,079        $141,257 Lieutenant BCI           $144,262        $145,521        $145,852        $144,025 Captain       $150,895        $152,154        $152,488        $150,660 Captain BCI   $153,708        $154,965        $155,296        $153,470 Major         $160,785        $162,043        $162,373        $160,547   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.