N.Y. Railroad Law § 88: When railroads may designate police officers

§ 88. When railroads may designate police officers. 1. Upon the

application of any corporation owning or operating a railroad, express

company operating over a railroad, or of any steamboat company, the

superintendent of state police may appoint any person as a police

officer, with all the powers of a police officer in cities and villages,

for the preservation of order and of the public peace, and the arrest of

all persons committing offenses upon the land of or upon property in the

custody of or under the control of such corporation, express company or

steamboat company.

2. Such application shall be in writing, specifying the name, age, and

address of each person for whom an appointment is sought.

3. The corporation, express company or steamboat company making any

such application shall cause the fingerprints of each proposed appointee

to be taken in the form and manner prescribed by the division of

criminal justice services and one set of such fingerprints shall be

forwarded to the division of criminal justice services, and one set to

the federal bureau of investigation. Such fingerprints shall be searched

by each agency against the fingerprint records in its files and be

retained in the files of such agencies.

4. Reports of the results of such searches shall be reviewed by the

superintendent of state police prior to granting an appointment to

determine whether a proposed appointee is thereby shown to have been

convicted of a crime in the state of New York or of any offense in any

other place which if committed in the state of New York would have been

a crime and no person who is determined by such review to have been so

convicted shall receive an appointment under this section.

5. The corporation, express company or steamboat company making

application shall also cause an investigation to be conducted in a

manner satisfactory to the superintendent of state police of the

character, qualifications and fitness of each proposed appointee and

shall transmit to the superintendent of state police a report of the

results of such investigation which shall be reviewed by the

superintendent of state police and no person whom such investigation

shows to be other than of good moral character shall receive an

appointment under this section.

6. No person shall be granted an appointment as a police officer under

this section unless and until the corporation, express company or

steamboat company making application shall certify to the superintendent

of state police that the proposed appointee has had the minimum police

training required for local police officers by the municipal police

training council of the office of local government, executive

department, state of New York, or such equivalent training as may be

specifically approved by the executive director of the municipal police

training council or if the proposed appointee has not had such minimum

training that he will receive the same within twelve months from the

date of any appointment granted under this section.

7. No person shall be granted an appointment as a police officer under

this section unless and until the corporation, express company or

steamboat company making application shall certify to the superintendent

of state police that the proposed appointee has had adequate firearms

training or that before he is issued and/or is permitted to carry

firearms and within six months from the date of any appointment made

under this section, he will receive such training.

8. If any person who has not received the minimum police and/or

firearms training described in subdivisions six and seven of this

section shall be appointed a police officer under this section, the

corporation, express company or steamboat company which made application

for his or her employment shall furnish the superintendent of state

police, within six months of the date of appointment, a certificate

issued by an approved municipal police council training school or its

equivalent as previously described in this section, certifying the

successful completion by the appointee of the minimum training required

and/or shall certify to the superintendent of state police within six

months of the date of appointment that the appointee has received

adequate training in the use of firearms and in the event such

certificate and/or such certification are not furnished the

superintendent of state police within the time prescribed herein, he or

she shall revoke the appointment.

9. The superintendent of state police shall file the certificate of

appointment of any such person in the office of the department of state,

and shall forthwith notify the person appointed, by mail, at the address

specified in the application that the certificate has been so filed.

Each such person shall, within fifteen days after such certificate shall

have been filed, and before entering upon the duties of his office, take

and subscribe the constitutional oath of office, and file it in the

office of the department of state. The home address of the person

appointed shall appear in the certificate of appointment, and whenever

such address is changed the corporation, express company or steamboat

company employing the person appointed shall file with the

superintendent of state police a statement of the new address.

10. No person shall be appointed who is not an American citizen, and

who has not, prior to the time of the filing of the application, filed

in the office of the department of state his or her written consent to

his or her appointment as such police officer.

11. No conductor, brakeman, fireman, engineer or other person actively

engaged in the operation and movement of any train or car or set of cars

shall be eligible for appointment as a police officer.

12. Each person designated to act as such police officer shall receive

a license from the secretary of state and shall not be permitted to

enter upon his or her duties as such police officer until he or she has

actually received such license.

13. Every such police officer shall when on duty wear a metallic

shield with the words "railroad police" or "steamboat police" or

"express police" as the case may be and the name of the corporation,

express company or steamboat company for which appointed inscribed

thereon, which shall always be worn in plain view, except when employed

as a detective.

14. A person appointed police officer under this section shall not,

while the appointment is in force, be employed by or perform any service

for the corporation, express company, or steamboat company, in any other

capacity than that of police officer and he or she shall not be

permitted to exercise the duties or functions of a police officer except

upon the property or in connection with the property connected with or

under the control of the corporation, express company, or steamboat

company, for which he or she has been appointed.

15. The compensation of every such police officer shall be such as may

be agreed upon between him or her and the corporation, express company,

or steamboat company, for which he or she is appointed and shall be paid

by the corporation, express company, or steamboat company.

16. When any such corporation, express company, or steamboat company,

shall no longer require the services of any police officer appointed

under this section it shall file notice to that effect in the office of

the department of state, and thereupon such appointment shall cease and

be at an end.

17. The superintendent of state police may also at pleasure revoke or

suspend the appointment of any such police officer by filing a notice of

suspension or revocation thereof in the office of the department of

state and mailing a notice of such filing to the corporation, express

company or steamboat company for which he or she was appointed, and also

to the person whose appointment is suspended or revoked, at his or her

last home address as the same appears in the certificate of appointment

or the latest statement thereof on file. An appointment suspended by the

superintendent may be restored by him or her upon the filing of a

restoration notice to the department of state, the person suspended, and

his or her employer.

18. If such person thereafter, knowing of such revocation or having in

any manner received notice thereof, exercises or attempts to exercise

any of the powers of a police officer, under this section, he or she

shall be guilty of a misdemeanor; and the filing and mailing of such

notice, as above provided, shall be presumptive evidence that such

person knew of the revocation.