2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 209-Q - Permanent Appointment of Police Officers; Completion of Training Program.

§  209-q.  Permanent  appointment  of  police  officers; completion of
training program. 1. (a) Notwithstanding the provisions of any  general,
special  or local law or charter to the contrary, no person shall, after
July first, nineteen hundred sixty, receive an original appointment on a
permanent basis as a police officer of any county, city,  town,  village
or  police  district  unless  such  person has previously been awarded a
certificate by the executive director of the municipal  police  training
council   created  under  article  thirty-five  of  the  executive  law,
attesting to his satisfactory completion of an approved municipal police
basic training program; and every person who is appointed on a temporary
basis or for a probationary term or on other than a permanent basis as a
police officer of any county, city, town,  village  or  police  district
shall   forfeit   his   position   as  such  unless  he  previously  has
satisfactorily completed, or within the time prescribed  by  regulations
promulgated  by the governor pursuant to section eight hundred forty-two
of the executive law, satisfactorily completes, a municipal police basic
training program for temporary or probationary police  officers  and  is
awarded a certificate by such director attesting thereto.
(b)  Except  as  provided  in  paragraph  (b-1)  of this subdivision a
certificate  attesting  to  satisfactory  completion  of   an   approved
municipal  police  basic  training  program  awarded  by  the  executive
director of the municipal  police  training  council  pursuant  to  this
subdivision shall remain valid:
(i)  during  the  holder's  continuous  service as a police officer or
peace officer who has an  equivalency  certificate  for  police  officer
training  or  an approved course for state university of New York public
safety officers issued in accordance with subdivision three  of  section
eight hundred forty-one of the executive law; and
(ii)  for  two  years  after  the  date  of  the  commencement  of  an
interruption in such service where the holder had, immediately prior  to
such  interruption,  served as a police officer or peace officer who has
an equivalency certificate for police officer training  or  an  approved
course for state university of New York public safety officers issued in
accordance  with subdivision three of section eight hundred forty-one of
the executive law, for less than two consecutive years; or
(iii) for four  years  after  the  date  of  the  commencement  of  an
interruption  in such service where the holder had, immediately prior to
such interruption, served as a police officer or peace officer  who  has
an  equivalency  certificate  for police officer training or an approved
course for state university of New York public safety officers issued in
accordance with subdivision three of section eight hundred forty-one  of
the executive law, for two consecutive years or longer; or
(iv)  where  the holder, whose interruption in continuous service as a
police officer does not exceed ten years, has  satisfactorily  completed
an  approved  police  officer refresher course or where a peace officer,
who seeks an equivalency certificate for police officer training  or  an
approved  course for state university of New York public safety officers
issued in accordance with subdivision three  of  section  eight  hundred
forty-one  of  the  executive law, has satisfactorily completed relevant
police officer training courses, as prescribed by the  municipal  police
training council.
(b-1)  A  certificate  awarded under paragraph (b) of this subdivision
may be permanently invalidated upon an officer's removal  for  cause  in
accordance  with  subdivisions  two  and  three of section eight hundred
forty-five of  the  executive  law.  An  officer  whose  certificate  is
invalidated  under  this  paragraph  may  be  ineligible  for any future
certification.
(c) As used in this subdivision, the term "interruption" shall mean  a
period  of  separation  from  employment  as  a  police officer or peace
officer who has an equivalency certificate for police  officer  training
or  an  approved  course  for state university of New York public safety
officers  issued  in  accordance with subdivision three of section eight
hundred forty-one of the executive law,  by  reason  of  such  officer's
leave of absence, resignation or removal, other than removal for cause.
1-a.  Notwithstanding  the provisions of any general, special or local
law or charter, the promotion of any  police  officer  to  a  first-line
supervisory   position   on   or  after  July  first,  nineteen  hundred
sixty-seven, shall not become permanent unless such police  officer  has
previously  been  awarded a certificate by the executive director of the
municipal police training council created under  article  nineteen-f  of
the  executive  law,  attesting  to  his  satisfactory  completion of an
approved course in police supervision as  prescribed  by  the  municipal
police training council. Any police officer who is promoted on any basis
to  a  first-line  supervisory position on or after July first, nineteen
hundred sixty-seven shall forfeit such promotion  unless  he  previously
has   satisfactorily   completed,  or  within  the  time  prescribed  by
regulations promulgated by the governor pursuant to section four hundred
eighty-four  of  the  executive  law   satisfactorily   completes,   the
prescribed  course in police supervision and is awarded a certificate by
such director attesting thereto.
2. a. The term "police officer", as used in this section, shall mean a
person defined as a police officer pursuant to  subdivision  thirty-four
of  section  1.20  of  the  criminal  procedure  law who is appointed or
employed by a county, city, town, village or police district.
b. The  term  "first-line  supervisory  position",  as  used  in  this
section,  shall mean the position or rank of a police officer next above
the beginning rank of patrolman or the  rank  equivalent  to  patrolman,
which requires performance of supervisory duties.
3.  The provisions of subdivisions one and one-a of this section shall
not apply to a city having a population of one million or  more  to  the
extent  that  such  city  has, by regulation promulgated by the governor
pursuant to section eight hundred  forty  of  the  executive  law,  been
exempted  from  the  provisions  of article thirty-five of the executive
law.
4. Nothing in this section shall be construed  to  except  any  police
officer,  or  other officer or employee from the provisions of the civil
service law.