2023 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.
(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.
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.