§ 209-Q — Permanent appointment of police officers; completion of training program

§ 209-q. Permanent appointment of police officers; completion of\ntraining program. 1. (a) Notwithstanding the provisions of any general,\nspecial or local law or charter to the contrary, no person shall, after\nJuly first, nineteen hundred sixty, receive an original appointment on a\npermanent basis as a police officer of any county, city, town, village\nor police district unless such person has previously been awarded a\ncertificate by the executive director of the municipal police training\ncouncil created under article thirty-five of the executive law,\nattesting to his satisfactory completion of an approved municipal police\nbasic training program; and every person who is appointed on a temporary\nbasis or for a probationary term or on other than a permanent basis as a\npolice officer of any county, city, town, village or police district\nshall forfeit his position as such unless he previously has\nsatisfactorily completed, or within the time prescribed by regulations\npromulgated by the governor pursuant to section eight hundred forty-two\nof the executive law, satisfactorily completes, a municipal police basic\ntraining program for temporary or probationary police officers and is\nawarded a certificate by such director attesting thereto.\n (b) Except as provided in paragraph (b-1) of this subdivision a\ncertificate attesting to satisfactory completion of an approved\nmunicipal police basic training program awarded by the executive\ndirector of the municipal police training council pursuant to this\nsubdivision shall remain valid:\n (i) during the holder's continuous service as a police officer or\npeace officer who has an equivalency certificate for police officer\ntraining or an approved course for state university of New York public\nsafety officers issued in accordance with subdivision three of section\neight hundred forty-one of the executive law, provided that such police\nofficer received training as set forth under subdivision eight of\nsection eight hundred forty of the executive law, consistent with the\nrules and regulations promulgated therein; and\n (ii) for two years after the date of the commencement of an\ninterruption in such service where the holder had, immediately prior to\nsuch interruption, served as a police officer or peace officer who has\nan equivalency certificate for police officer training or an approved\ncourse for state university of New York public safety officers issued in\naccordance with subdivision three of section eight hundred forty-one of\nthe executive law, for less than two consecutive years; or\n (iii) for four years after the date of the commencement of an\ninterruption in such service where the holder had, immediately prior to\nsuch interruption, served as a police officer or peace officer who has\nan equivalency certificate for police officer training or an approved\ncourse for state university of New York public safety officers issued in\naccordance with subdivision three of section eight hundred forty-one of\nthe executive law, for two consecutive years or longer; or\n (iv) where the holder, whose interruption in continuous service as a\npolice officer does not exceed ten years, has satisfactorily completed\nan approved police officer refresher course or where a peace officer,\nwho seeks an equivalency certificate for police officer training or an\napproved course for state university of New York public safety officers\nissued in accordance with subdivision three of section eight hundred\nforty-one of the executive law, has satisfactorily completed relevant\npolice officer training courses, as prescribed by the municipal police\ntraining council.\n (b-1) A certificate awarded under paragraph (b) of this subdivision\nmay be permanently invalidated upon an officer's removal for cause in\naccordance with subdivisions two and three of section eight hundred\nforty-five of the executive law. An officer whose certificate is\ninvalidated under this paragraph may be ineligible for any future\ncertification.\n (c) As used in this subdivision, the term "interruption" shall mean a\nperiod of separation from employment as a police officer or peace\nofficer who has an equivalency certificate for police officer training\nor an approved course for state university of New York public safety\nofficers issued in accordance with subdivision three of section eight\nhundred forty-one of the executive law, by reason of such officer's\nleave of absence, resignation or removal, other than removal for cause.\n 1-a. Notwithstanding the provisions of any general, special or local\nlaw or charter, the promotion of any police officer to a first-line\nsupervisory position on or after July first, nineteen hundred\nsixty-seven, shall not become permanent unless such police officer has\npreviously been awarded a certificate by the executive director of the\nmunicipal police training council created under article nineteen-f of\nthe executive law, attesting to his satisfactory completion of an\napproved course in police supervision as prescribed by the municipal\npolice training council. Any police officer who is promoted on any basis\nto a first-line supervisory position on or after July first, nineteen\nhundred sixty-seven shall forfeit such promotion unless he previously\nhas satisfactorily completed, or within the time prescribed by\nregulations promulgated by the governor pursuant to section four hundred\neighty-four of the executive law satisfactorily completes, the\nprescribed course in police supervision and is awarded a certificate by\nsuch director attesting thereto.\n 2. a. The term "police officer", as used in this section, shall mean a\nperson defined as a police officer pursuant to subdivision thirty-four\nof section 1.20 of the criminal procedure law who is appointed or\nemployed by a county, city, town, village or police district.\n b. The term "first-line supervisory position", as used in this\nsection, shall mean the position or rank of a police officer next above\nthe beginning rank of patrolman or the rank equivalent to patrolman,\nwhich requires performance of supervisory duties.\n 3. The provisions of subdivisions one and one-a of this section shall\nnot apply to a city having a population of one million or more to the\nextent that such city has, by regulation promulgated by the governor\npursuant to section eight hundred forty of the executive law, been\nexempted from the provisions of article thirty-five of the executive\nlaw.\n 4. Nothing in this section shall be construed to except any police\nofficer, or other officer or employee from the provisions of the civil\nservice law.\n