N.Y. Public Officers Law § 3-b: Special peace officers to be citizens; other residency requirements

§ 3-b. Special peace officers to be citizens; other residency

requirements. 1. No sheriff of a county, mayor of a city, or official,

or other persons authorized by law to appoint special deputy sheriffs,

special constables, marshals, police officers, or peace officers in this

state, to preserve the public peace or quell public disturbance, shall

hereafter, at the instance of any agent, society, association or

corporation, or otherwise, appoint as such special deputy, special

constable, marshal, police officer, or peace officer, any person who

shall not be a citizen of the United States and a resident of the state

of New York, and entitled to vote therein at the time of his

appointment, and a resident of the same county as the mayor or sheriff

or other official making such appointment; provided, however, that when,

in the judgment of a sheriff of a county except those counties within

the city of New York a situation exists which requires temporary

additional assistance, such sheriff may appoint special deputy sheriffs

who are non-residents of the county but residents of the state of New

York who shall hold office until such time as the appointing sheriff

determines that the situation no longer exists; and no person shall

assume or exercise the functions, powers, duties or privileges incident

and belonging to the office of special deputy sheriff, special

constables, marshal, police officer, or peace officer, without having

first received his appointment in writing from the authority lawfully

appointing him. Nothing herein contained, however, shall apply to the

appointment of a non-resident, as an emergency special deputy sheriff,

by the sheriff of any county to act when such sheriff has declared a

state of special emergency pursuant to the provisions of section two

hundred nine-f of the general municipal law. Provided further, that any

person otherwise qualified who resides in either the county of Nassau or

the county of Suffolk may at the instance of a society for the

prevention of cruelty to animals be appointed as a peace officer by the

appropriate appointing official of either of such counties

notwithstanding that such appointee does not reside in the same county

as the appointing official. Provided, further, that any person qualified

who resides in a county adjacent to the county of Allegany may at the

instance of the society for the prevention of cruelty to animals for the

county of Allegany be appointed as a peace officer by the appropriate

appointing official of the county of Allegany. Provided, further, that

any person qualified who resides in a county adjacent to the county of

Albany may at the instance of the society for the prevention of cruelty

to animals for the county of Albany be appointed as a peace officer by

the appropriate appointing official of the county of Albany. Provided,

further, that any person otherwise qualified who resides in the county

of Orange or Westchester may at the instance of the society for the

prevention of cruelty to animals for the county of Rockland be appointed

as a peace officer by the appropriate appointing official of the county

of Rockland. Provided, further, that any person qualified who resides in

a county adjacent to the county of Putnam may at the instance of the

society for the prevention of cruelty to animals for the county of

Putnam be appointed as a peace officer by the appropriate appointing

official in the county of Putnam. Provided, further, that any person

qualified who resides in a county adjacent to the county of Monroe may

at the instance of the Humane Society of Rochester and Monroe County for

the Prevention of Cruelty to Animals, Inc., doing business as Lollypop

Farm, be appointed as a peace officer by the appropriate appointing

official in the county of Monroe.

2. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state by which he or she is employed, shall

apply to a person employed by a city with a population over one million

in the titles of fire protection inspector, associate fire protection

inspector, or supervising fire protection inspector, provided that he or

she has completed two years of employment with the city of New York and

is a resident of New York, Kings, Queens, Bronx, Richmond, Nassau,

Westchester, Suffolk, Orange, Rockland or Putnam county.

3. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state by which he or she is employed, shall

apply to a person employed by a city with a population over one million

in the titles of urban park ranger, associate urban park ranger or

traffic enforcement agent level IV, provided that he or she has

completed two years of employment with the city of New York and is a

resident of New York, Kings, Queens, Bronx, Richmond, Nassau,

Westchester, Suffolk, Orange, Rockland or Putnam county.

4. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state by which he or she is employed, shall

apply to a person employed by a city with a population of over one

million in the titles of special officer, senior special officer,

principal special officer and supervising special officer as "special

officer" is defined in subdivision forty of section 2.10 of the criminal

procedure law, evidence and property control specialists, taxi and

limousine inspector, taxi and limousine inspector (motor vehicles),

senior taxi and limousine inspector, senior taxi and limousine inspector

(motor vehicles), associate taxi and limousine inspector, supervising

taxi and limousine inspector, supervising taxi and limousine inspector

(motor vehicles), education facilities officers L1 (formerly school

guards), education facilities officers L2 (formerly school safety

officers), hospital security officers, campus security officer, campus

peace officer, college security specialist, campus public safety

sergeant, campus security assistant or school guard (school safety

agent), provided that he or she has completed two years of employment

with the city of New York and is a resident of New York, Kings, Queens,

Bronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or

Putnam county.

5. In respect to peace officers employed by Cornell university, and

assigned to the Ithaca campus, pursuant to section fifty-seven hundred

nine of the education law, the provisions of this section requiring a

person to be a resident of the same county as the appointing official

shall not prevent a person from serving as a peace officer for Cornell

university, or as a special deputy sheriff, and assigned to the Ithaca

campus, as defined in subdivision forty-two of section 2.10 of the

criminal procedure law, provided that such person resides in the state

of New York.

6. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state by which he or she is employed or

appointed, shall apply to a person employed or appointed by a political

subdivision or municipal corporation of the state as an auxiliary police

officer or special deputy sheriff, provided that such auxiliary police

officer or special deputy sheriff is trained and registered pursuant to

the provisions of section eight hundred forty-five of the executive law;

and provided, further, that such auxiliary police officer or special

deputy sheriff resides in the county in which such political subdivision

is located or an adjoining county within the state. The provisions of

this subdivision shall not apply to a city having a population of one

million or more.

7. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be employed

or appointed or within which his or her official functions are required

to be exercised, shall apply to a person who is a member of the security

force employed or appointed by Kaleida Health as described in

subdivision eighty-three of section 2.10 of the criminal procedure law,

provided that such person resides in the county in which such security

force of Kaleida Health is located or an adjoining county within the

state. The provisions of this subdivision shall only apply to a person

who is a member of the security force employed by Kaleida Health on the

effective date of this subdivision.

A violation of the provisions of this section is a misdemeanor.