NY Exec L § 846-H (2021)
2021 New York Laws EXC - Executive Article 36 - Neighborhood Preservation Crime Prevention Act 846-H - Law Enforcement Agency Accreditation Council; Membership; Organization and Procedure.

§ 846-h. Law  enforcement  agency  accreditation  council; membership; organization and procedure. 1. (a) There shall be, within the  division, a law enforcement agency accreditation council.  (b)  The  council  shall  develop  model standards for law enforcement agencies. Such standards shall be designed:  (i) To increase the effectiveness and efficiency  of  law  enforcement agencies  in the delivery of law enforcement services utilizing existing personnel, equipment and facilities to the extent possible;  (ii) To promote  increased  cooperation  and  coordination  among  law enforcement agencies and other agencies of the criminal justice system;  (iii) To ensure the appropriate training of law enforcement personnel, not inconsistent with other provisions of law; and  (iv) To promote public confidence in law enforcement agencies.  (c)  The council shall recommend rules and regulations establishing an accreditation process  that  encourages  and  provides  law  enforcement agencies  with a voluntary opportunity to demonstrate that they meet the model standards developed by  the  council.  The  accreditation  process shall  provide that applications for accreditation shall be submitted by the chief law enforcement officer of the agency so  applying  only  upon the  approval  of  the  chief  elected  officer, or if there is no chief elected officer, by the local governing body. Such model  standards  and rules and regulations shall be transmitted to the temporary president of the  senate,  the speaker of the assembly, every law enforcement agency, mayor and appropriate town and county official in the state on or before April first, nineteen hundred eighty-nine. The rules and regulations  in final  form shall be transmitted to the governor on or after June first, nineteen hundred eighty-nine and  shall  be  effective  following  their approval by the governor.   * (d)  The  council shall create a mandatory certification process for agencies employing police officers, as defined in paragraphs  (b),  (c), (d),  (e),  (f),  (j),  (k),  (l),  (o), (p), (s) and (u) of subdivision thirty-four  of  section  1.20  of  the  criminal  procedure  law.  Such certification  process  shall  include  the  promulgation  of  mandatory standards for hiring practices, which shall incorporate  the  rules  and regulations   promulgated  by  the  municipal  police  training  council pursuant to subdivisions two and two-b of section eight hundred forty of this chapter, as well as the reporting  requirements  under  subdivision two  of section eight hundred forty-five of this chapter and subdivision five of section seventy-five of this chapter, as may  be  applicable  to such agencies and their personnel.   * NB Effective October 16, 2023   * (e)  The  council  may,  on  its  own  or  upon  referral  from  the commissioner, revoke or withhold the granting of the certification under paragraph (d) of this subdivision for an agency that fails to adhere  to the  mandatory  standards for hiring practices or reporting requirements of such paragraph.   * NB Effective October 16, 2023   2. (a) The law enforcement agency accreditation council shall  consist of:  (i) Two incumbent sheriffs of the state;  (ii) Two incumbent chiefs of police;  (iii) One incumbent deputy sheriff;  (iv) One incumbent police officer;  (v) The superintendent of state police;  (vi) The commissioner of police of the city of New York;  (vii) One incumbent chief executive officer of a county of the state;  (viii) One incumbent mayor of a city or village of the state;  (ix) One incumbent chief executive officer of a town of the state;  (x)  One  member of a statewide labor organization representing police officers as that term is defined in subdivision thirty-four  of  section 1.20 of the criminal procedure law;  (xi)  One  full-time  faculty  member  of  a college or university who teaches in the area of criminal justice or police science;  (xii) Two members appointed pursuant to subparagraph (ix) of paragraph (c) of this subdivision;  (xiii) One incumbent chief of police or commissioner of police from  a municipality  in  the  state with a police department consisting of more than one hundred officers;  (xiv) One incumbent sheriff in the state from an agency with more than one hundred deputy sheriffs;  (xv) One representative of victims of crime; and  (xvi) One representative from a community with high numbers of  police an community interactions.  (b)  With  the exception of the superintendent of state police and the commissioner of police of the city of  New  York,  each  member  of  the council shall be appointed by the governor to serve a two-year term. Any member  appointed  by  the  governor  may  be reappointed for additional terms.  (c) The governor shall make appointments to the council as follows:  (i) Each member who is an incumbent sheriff  of  the  state  shall  be chosen  from  a  list  of two eligible persons submitted by the New York state sheriffs' association;  (ii) Each member who is an incumbent chief of police shall  be  chosen from  a  list  of  two  eligible persons submitted by the New York state association of chiefs of police;  (iii) The member who is an incumbent deputy sheriff  shall  be  chosen from  a  list  of two eligible persons submitted jointly by the New York state sheriffs' association and the  New  York  state  deputy  sheriffs' association, inc.;  (iv)  The  member  who  is an incumbent police officer shall be chosen from a list of two eligible persons submitted jointly by  the  New  York state association of chiefs of police and a statewide labor organization representing  police  officers  as  that  term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law;  (v) The member who is an incumbent chief executive officer of a county of the state shall be  chosen  from  a  list  of  two  eligible  persons submitted by the New York state association of counties;  (vi)  The member who is an incumbent mayor of a city or village of the state shall be chosen from a list of two eligible persons  submitted  by the New York state conference of mayors;  (vii) The member who is an incumbent chief executive officer of a town of  the  state  shall  be  chosen  from  a  list of two eligible persons submitted by the association of towns of the state of New York;  (viii) The governor may appoint any eligible person to be a member who is an active member  of  a  statewide  labor  organization  representing police officers;  (ix)  The  temporary  president  of  the senate and the speaker of the assembly shall each nominate one  member  as  provided  in  subparagraph (xii) of paragraph (a) of this subdivision; and  (x)  the  members who are listed in subparagraphs (xiii), (xiv), (xv), and (xvi) of paragraph (a) of this subdivision shall be appointed by the governor.  (d) In making such appointments, the governor shall select individuals from municipalities that are representative, to the extent possible,  of the  varying  sizes  of  communities and law enforcement agencies in the state.  (e) Any member chosen to fill a vacancy, including a  vacancy  in  the chairperson,  created  otherwise  than  by  expiration  of term shall be appointed by the governor for the unexpired term of the member he is  to succeed.  Any  such  vacancy  shall  be filled in the same manner as the original appointment.  (f)  Any  member  who shall cease to hold the position which qualified him for such appointment shall cease to be a member of the council.   3. Each member of the council shall have one vote, which shall not  be transferrable;  provided,  however,  that  the  superintendent  of state police may designate a deputy superintendent to attend meetings  as  his representative  and  cast his vote and the commissioner of police of the city of New York may designate his first deputy commissioner,  chief  of department  or  one  of the five bureau chiefs to attend meetings as his representative and cast his vote.   4. The governor shall designate from among the members of the  council a  chairperson who shall serve at the pleasure of the governor. During a vacancy of the chairperson the commissioner of the division of  criminal justice services shall serve as the temporary chairperson.   5.  The  law  enforcement  agency  accreditation council shall meet at least four times in a year.  Special  meetings  may  be  called  by  the chairperson and shall be called by him at the request of the governor or upon  the written request of ten members of the council. The council may establish its own quorum  rules  and  procedures  with  respect  to  the conduct  of  its  meetings  and other affairs not inconsistent with law; provided,  however,  that  recommendations  made  by  the   council   in accordance with paragraph (c) of subdivision one of this section, or the mandatory  standards for hiring practices promulgated in accordance with paragraph (d) of subdivision one  of  this  section  shall  require  the affirmative vote of ten members of the council.   6.  Membership  on  the  law  enforcement agency accreditation council shall not constitute the holding of a public office, and members of  the council  shall  not  be required to take and file oaths of office before serving on the council.   7. The members of the law  enforcement  agency  accreditation  council shall  receive  no  compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their functions hereunder.   8. No member of the law enforcement agency accreditation council shall be disqualified from holding any public office or employment, nor  shall he  forfeit  any such office or employment, by reason of his appointment hereunder.   9. For the purposes of this section, the following  terms  shall  have the following meanings:  (a)  The  term  "law  enforcement  agency"  shall  mean  any agency or department of any municipality, any  police  district,  or  any  agency, department,  commission,  authority or public benefit corporation of the state of New York employing a police officer or police officers as  that term  is  defined  in paragraphs (a), (b), (c), (d), (e), (f), (j), (k), (l), (o), (p), (s), and (u) of subdivision thirty-four of  section  1.20 of the criminal procedure law.  (b)  The  term  "chief  of  police"  shall  mean  a  chief  of police, commissioner of police, or other official having equivalent  cognizance, jurisdiction,  supervision  and  control  of  a  police  department of a municipality of the state.  (c) The term "deputy sheriff" shall mean a deputy sheriff employed  by the  sheriff's department of any county outside the city of New York who has police officer status  as  defined  in  subdivision  thirty-four  of section 1.20 of the criminal procedure law.  (d)  The  term "police officer" shall mean a police officer as defined in subdivision thirty-four of section 1.20  of  the  criminal  procedure law.   10.  On  or  before  January first, nineteen hundred ninety, and on or before January first of each succeeding  year,  the  commissioner  shall report to the governor, temporary president of the senate and speaker of the  assembly on the operation and results of the accreditation program. Such  report  shall  identify  these  law  enforcement  agencies  making application  for  accreditation,  the  agencies  so  accredited, and the fiscal impact on law enforcement agencies that have been accredited.