NY Civ Serv L § 58 (2021)
2021 New York Laws CVS - Civil Service Article 4 - Recruitment of Personnel Title A - Examinations and Eligible Lists 58 - Requirements for Provisional or Permanent Appointment of Certain Police Officers.

§ 58. Requirements for provisional or permanent appointment of certain police  officers.  1. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no  person  shall  be eligible  for  provisional  or  permanent appointment in the competitive class of the civil service as a police  officer  of  the  department  of environmental  conservation  or of any police force or police department of any county, city, town, village, housing authority or police district unless he or she shall satisfy the following basic requirements:  (a) he or she is not less than twenty years of age as of the  date  of appointment  nor  more than thirty-five years of age as of the date when the applicant takes the written examination, provided that  the  maximum age  requirement  of  thirty-five  years  of  age  as  set forth in this paragraph shall not apply to eligible lists  finalized  pursuant  to  an examination  administered  prior  to  May thirty-first, nineteen hundred ninety-nine or a police  officer  in  the  department  of  environmental conservation, provided, however, that:  (i)  time spent on military duty or on terminal leave, not exceeding a total of six years, shall be subtracted from the age  of  any  applicant who  has  passed  his  or  her  thirty-fifth  birthday  as  provided  in subdivision ten-a of section two hundred  forty-three  of  the  military law;  (ii) such maximum age requirement of thirty-five years shall not apply to  any  police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, who was continuously employed by the Buffalo municipal housing authority between January first, two  thousand five  and  June  thirtieth,  two  thousand  five  and who takes the next written exam offered after the effective date of  this  subparagraph  by the  city of Buffalo civil service commission for employment as a police officer in the city of Buffalo police department, or June thirtieth, two thousand six, whichever is later; and  (iii) such maximum age requirement  of  thirty-five  years  shall  not apply  to any police officer of any county, town, city or village police force not otherwise provided for in this section if  the  eligible  list has been exhausted and there are no other eligible candidates; provided, however,  the police officer themselves are on the eligible list of such county, town, city or village and meet all other requirements  of  merit and  fitness set forth by this chapter and do not exceed the maximum age of thirty-nine;  (b) he or she is a high school graduate or a holder of a  high  school equivalency  diploma  issued  by  an  education department of any of the states of the United States or a holder of a comparable  diploma  issued by  any commonwealth, territory or possession of the United States or by the Canal Zone or a holder of a report  from  the  United  States  armed forces  certifying  his  or  her  successful  completion of the tests of general educational development, high school level;  (c) he or she satisfies the height, weight, physical and psychological fitness requirements prescribed by the municipal police training council pursuant to the  provisions  of  section  eight  hundred  forty  of  the executive law; and  (d)  he  or she is of good moral character as determined in accordance with the background investigation  standards  of  the  municipal  police training  council  pursuant  to  the provisions of section eight hundred forty of the executive law.   1-b. Notwithstanding the provisions  of  any  other  section  of  law, general,  special  or  local,  in  political  subdivisions maintaining a police department serving a population of one hundred fifty thousand  or less, no person shall be eligible for appointment nor shall he or she be appointed  to any rank above the rank of police officer unless he or she  has been appointed a police officer from an  eligible  list  established according  to  merit  and  fitness as provided by section six of article five of the constitution of the state of  New  York  or  has  previously served as a member of the New York state police.   1-c.  Notwithstanding  the  provisions  of  any  other section of law, general, special or  local,  any  political  subdivision  maintaining  a police  department serving a population of one hundred fifty thousand or less and with positions for more than four  full-time  police  officers, shall maintain the office of chief of police.   2.  The provisions of this section shall not prevent any county, city, town, village, housing authority, transit authority, police district  or the   department   of   environmental  conservation  from  setting  more restrictive requirements of eligibility for its police officers,  except the  maximum  age to be a police officer as provided in paragraph (a) of subdivision one of this section.   3. As used in this section, the term "police officer" means  a  police officer  in  the  department  of  environmental  conservation, the state university police, a member of the  regional  state  park  police  or  a police  force,  police  department,  or  other organization of a county, city, town, village, housing  authority,  transit  authority  or  police district,  who  is responsible for the prevention and 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  or  her occupying  any  other  office or position, nor shall such term include a sheriff, under-sheriff, 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 to exercise equivalent supervisory authority.   4.   (a)   Any  person  who  has  received  provisional  or  permanent appointment in the competitive class of the civil service  as  a  police officer  of  the regional state park police, the state university of New York police, the department of environmental conservation or any  police force  or  police department of any county, city, town, village, housing authority, transit authority or police district  shall  be  eligible  to resign  from  any police force or police department, and to be appointed as a police officer in the same or any  other  police  force  or  police department   without  satisfying  the  age  requirements  set  forth  in paragraph (a) of subdivision one of this section at  the  time  of  such second  or  subsequent  appointment,  provided such second or subsequent appointment occurs within thirty days of the date of resignation.  (b)  Any  person  who  has  received  permanent  appointment  in   the competitive  class  of  the  civil  service  as  a police officer of the regional state park police, the state university of New York police, the department of environmental conservation or any police force  or  police department  of  any  county,  city,  town,  village,  housing authority, transit authority or police district shall be eligible  to  resign  from any police force or police department and, subject to such civil service rules  as  may be applicable, shall be eligible for reinstatement in the same police force or police department or in any other police  force  or police  department to which he or she was eligible for transfer, without satisfying  the  age  requirements  set  forth  in  paragraph   (a)   of subdivision  one  of  this  section  at  the time of such reinstatement, provided such reinstatement occurs  within  one  year  of  the  date  of resignation.  (c)  (i)  Legislative findings and declaration. The legislature hereby finds and declares that it  is  frequently  impracticable  to  ascertain fitness  for  the positions of detective and investigator within various police  or  sheriffs  departments  around  the  state  by  means  of   a  competitive  examination due to the unique nature of the duties assigned and the intangible personal qualities needed to perform such duties. The legislature further finds that competitive examination  has  never  been employed   in  many  police,  correction  or  sheriffs  departments,  to ascertain fitness for the positions of detective and investigator within such police, correction or sheriffs departments; such fitness has always been determined by evaluation of the capabilities of an individual  (who has in any case received permanent appointment to the position of police officer,   correction   officer  of  any  rank  or  deputy  sheriff)  by supervisory personnel. The legislature further finds that an  individual who  performs  in  an  investigatory  position  in a manner sufficiently satisfactory to the appropriate supervisors to hold such  an  assignment for  a  period  of  eighteen  months,  has  demonstrated fitness for the position of detective or investigator within such police, correction  or sheriffs  department at least as sufficiently as could be ascertained by means of a competitive examination.  (ii) Notwithstanding any other provision of law, in any  jurisdiction, other  than a city with a population of one million or more or the state department of corrections and  community  supervision,  which  does  not administer  examinations  for  designation to detective or investigator, any person who has received permanent appointment  to  the  position  of police  officer, correction officer of any rank or deputy sheriff and is temporarily assigned to perform the duties of detective or  investigator shall,  whenever  such  assignment  to  the  duties  of  a  detective or investigator exceeds eighteen months, be  permanently  designated  as  a detective  or  investigator and receive the compensation ordinarily paid to persons in such designation.  (iii) Nothing contained in subparagraph (ii) of this  paragraph  shall be   construed   to  limit  any  jurisdiction's  ability  to  administer examinations  for  appointment  to  the  positions  of   detective   and investigator,  provided  however that any person temporarily assigned to perform the duties  of  detective  or  investigator  within  the  period commencing September twenty-third, nineteen hundred ninety-three through and including the date upon which this paragraph shall have become a law and  who  has not been designated as a detective or investigator and who has not been subject to an examination for which there  is  a  certified eligible  list,  shall  be  permanently  designated  as  a  detective or investigator whenever such assignment to  the  duties  of  detective  or investigator exceeds eighteen months.  (iv)   Detectives   and   investigators   designated  since  September twenty-third,  nineteen   hundred   ninety   and   prior   to   February twenty-fourth,  nineteen hundred ninety-five by any state, county, town, village or city (other than a city with a population of one  million  or more  or  the state department of corrections and community supervision) police, correction or sheriffs department, pursuant to the provisions of this paragraph in effect during such period, who continue  to  serve  in such  positions,  shall  retain  their  detective or investigator status without any right to retroactive financial entitlement.   * 5. The provisions of this section shall  not  apply  to  the  police department  of the city of New York or to the investigatory personnel of the office of the district attorney in any county, including any  county within the city of New York.   * NB Effective until October 16, 2023   * 5.   The   provisions  of  this  section  shall  not  apply  to  the investigatory personnel of the office of the district  attorney  in  any county, including any county within the city of New York.   * NB Effective October 16, 2023    6.  The  provisions  of this section shall not apply to any individual holding the position of deputy sheriff in Westchester  county  prior  to July  first,  nineteen  hundred  seventy-nine  upon the transfer of such individual to service in the Westchester  county  department  of  public safety services.