N.Y. General Municipal Law § 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, provided that such police

officer received training as set forth under subdivision eight of

section eight hundred forty of the executive law, consistent with the

rules and regulations promulgated therein; 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.