N.Y. Executive Law § 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 twenty-three, 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 $61,400

Step 1 $87,101 $88,401 $88,471 $86,861

Step 2 $92,406 $93,705 $94,045 $92,162

Step 3 $95,583 $96,880 $97,221 $95,339

Step 4 $99,348 $100,644 $100,986 $99,105

Step 5 $103,531 $104,829 $105,171 $103,289

(2) Effective April first, two thousand twenty-four, 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:

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 $63,242

Step 1 $89,714 $91,053 $91,403 $89,467

Step 2 $95,178 $96,516 $96,866 $94,927

Step 3 $98,450 $99,786 $100,138 $98,199

Step 4 $102,328 $103,663 $104,016 $102,078

Step 5 $106,637 $107,974 $108,326 $106,388

(3) Effective April first, two thousand twenty-five, 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 $65,139

Step 1 $92,405 $93,785 $94,145 $92,151

Step 2 $98,033 $99,411 $99,772 $97,775

Step 3 $101,404 $102,780 $103,142 $101,145

Step 4 $105,398 $106,773 $107,136 $105,140

Step 5 $109,836 $111,213 $111,576 $109,580

(4) Effective April first, two thousand twenty-three, 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 $121,949 $123,248 $123,589 $121,706

Station

Commander $125,889 $127,189 $127,528 $125,650

Zone

Sergeant $127,898 $129,193 $129,534 $127,657

First, Staff

and Chief

T/Sgt $134,479 $135,775 $136,116 $134,235

Lieutenant and

Technical

Lieutenant $145,735 $147,031 $147,371 $145,495

Lieutenant

BCI $148,590 $149,887 $150,228 $148,346

Captain $155,422 $156,719 $157,063 $155,180

Captain BCI $158,319 $159,614 $159,955 $158,074

Major $165,609 $166,904 $167,244 $165,363

(5) Effective April first, two thousand twenty-four, 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 $125,607 $126,945 $127,297 $125,357

Station

Commander $129,666 $131,005 $131,354 $129,420

Zone

Sergeant $131,735 $133,069 $133,420 $131,487

First, Staff

and Chief

T/Sgt $138,513 $139,848 $140,199 $138,262

Lieutenant and

Technical

Lieutenant $150,107 $151,442 $151,792 $149,860

Lieutenant

BCI $153,048 $154,384 $154,735 $152,796

Captain $160,085 $161,421 $161,775 $159,835

Captain BCI $163,069 $164,402 $164,754 $162,816

Major $170,577 $171,911 $172,261 $170,324

(6) Effective April first, two thousand twenty-five, 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 $129,375 $130,753 $131,116 $129,118

Station

Commander $133,556 $134,935 $135,295 $133,303

Zone

Sergeant $135,687 $137,061 $137,423 $135,432

First, Staff

and Chief

T/Sgt $142,668 $144,043 $144,405 $142,410

Lieutenant and

Technical

Lieutenant $154,610 $155,985 $156,346 $154,356

Lieutenant

BCI $157,639 $159,016 $159,377 $157,380

Captain $164,888 $166,264 $166,628 $164,630

Captain BCI $167,961 $169,334 $169,697 $167,700

Major $175,694 $177,068 $177,429 $175,434

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 such person shall

be a citizen of the United States, between the ages of twenty-one and

forty-three 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 their forty-third 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 such person 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.