2006 New York Code - Law Enforcement Agency Accreditation Council; Membership; Organization And Procedure

 
    § 846-h. Law  enforcement  agency  accreditation  council; membership;
  organization and procedure. 1. (a) There shall be, within the  division,
  a law enforcement agency accreditation council.
    (b)  The  council  shall  develop  model standards for law enforcement
  agencies. Such standards shall be designed:
    (i) To increase the effectiveness and efficiency  of  law  enforcement
  agencies  in the delivery of law enforcement services utilizing existing
  personnel, equipment and facilities to the extent possible;
    (ii) To promote  increased  cooperation  and  coordination  among  law
  enforcement agencies and other agencies of the criminal justice system;
    (iii) To ensure the appropriate training of law enforcement personnel,
  not inconsistent with other provisions of law; and
    (iv) To promote public confidence in law enforcement agencies.
    (c)  The council shall recommend rules and regulations establishing an
  accreditation process  that  encourages  and  provides  law  enforcement
  agencies  with a voluntary opportunity to demonstrate that they meet the
  model standards developed by  the  council.  The  accreditation  process
  shall  provide that applications for accreditation shall be submitted by
  the chief law enforcement officer of the agency so  applying  only  upon
  the  approval  of  the  chief  elected  officer, or if there is no chief
  elected officer, by the local governing body. Such model  standards  and
  rules and regulations shall be transmitted to the temporary president of
  the  senate,  the speaker of the assembly, every law enforcement agency,
  mayor and appropriate town and county official in the state on or before
  April first, nineteen hundred eighty-nine. The rules and regulations  in
  final  form shall be transmitted to the governor on or after June first,
  nineteen hundred eighty-nine and  shall  be  effective  following  their
  approval by the governor.
    2.  (a) The law enforcement agency accreditation council shall consist
  of:
    (i) Three incumbent sheriffs of the state;
    (ii) Three incumbent chiefs of police;
    (iii) One incumbent deputy sheriff;
    (iv) One incumbent police officer;
    (v) The superintendent of state police;
    (vi) The commissioner of police of the city of New York;
    (vii) One incumbent chief executive officer of a county of the state;
    (viii) One incumbent mayor of a city or village of the state;
    (ix) One incumbent chief executive officer of a town of the state;
    (x) One member of a statewide labor organization  representing  police
  officers  as  that term is defined in subdivision thirty-four of section
  1.20 of the criminal procedure law;
    (xi) One full-time faculty member  of  a  college  or  university  who
  teaches in the area of criminal justice or police science; and
    (xii) Two members appointed pursuant to subparagraph (ix) of paragraph
  (c) of this subdivision.
    (b)  With  the exception of the superintendent of state police and the
  commissioner of police of the city of  New  York,  each  member  of  the
  council shall be appointed by the governor to serve a two year term. Any
  member  appointed  by  the  governor  may  be reappointed for additional
  terms.
    (c) The governor shall make appointments to the council as follows:
    (i) Each member who is an incumbent sheriff  of  the  state  shall  be
  chosen  from  a  list  of two eligible persons submitted by the New York
  state sheriffs' association;
    (ii) Each member who is an incumbent chief of police shall  be  chosen
  from  a  list  of  two  eligible persons submitted by the New York state
  association of chiefs of police;
    (iii) The member who is an incumbent deputy sheriff  shall  be  chosen
  from  a  list  of two eligible persons submitted jointly by the New York
  state sheriffs' association and the  New  York  state  deputy  sheriffs'
  association, inc.;
    (iv)  The  member  who  is an incumbent police officer shall be chosen
  from a list of two eligible persons submitted jointly by  the  New  York
  state association of chiefs of police and a statewide labor organization
  representing  police  officers  as  that  term is defined in subdivision
  thirty-four of section 1.20 of the criminal procedure law;
    (v) The member who is an incumbent chief executive officer of a county
  of the state shall be  chosen  from  a  list  of  two  eligible  persons
  submitted by the New York state association of counties;
    (vi)  The member who is an incumbent mayor of a city or village of the
  state shall be chosen from a list of two eligible persons  submitted  by
  the New York state conference of mayors;
    (vii) The member who is an incumbent chief executive officer of a town
  of  the  state  shall  be  chosen  from  a  list of two eligible persons
  submitted by the association of towns of the state of New York;
    (viii) The governor may appoint any eligible person to be a member who
  is an active member  of  a  statewide  labor  organization  representing
  police officers; and
    (ix)  The  temporary  president  of  the senate and the speaker of the
  assembly shall each nominate one  member  as  provided  in  subparagraph
  (xii) of paragraph (a) of this subdivision.
    (d) In making such appointments, the governor shall select individuals
  from  municipalities that are representative, to the extent possible, of
  the varying sizes of communities and law  enforcement  agencies  in  the
  state.
    (e)  Any  member  chosen to fill a vacancy, including a vacancy in the
  chairperson, created otherwise than  by  expiration  of  term  shall  be
  appointed  by the governor for the unexpired term of the member he is to
  succeed. Any such vacancy shall be filled in  the  same  manner  as  the
  original appointment.
    (f)  Any  member  who shall cease to hold the position which qualified
  him for such appointment shall cease to be a member of the council.
    3. Each member of the council shall have one vote, which shall not  be
  transferrable;  provided,  however,  that  the  superintendent  of state
  police may designate a deputy superintendent to attend meetings  as  his
  representative  and  cast his vote and the commissioner of police of the
  city of New York may designate his first deputy commissioner,  chief  of
  department  or  one  of the five bureau chiefs to attend meetings as his
  representative and cast his vote.
    4. The governor shall designate from among the members of the  council
  a chairperson who shall serve at the pleasure of the governor.
    5.  The  law  enforcement  agency  accreditation council shall meet at
  least four times in a year.  Special  meetings  may  be  called  by  the
  chairperson and shall be called by him at the request of the governor or
  upon the written request of nine members of the council. The council may
  establish  its  own  rules and procedures with respect to the conduct of
  its meetings and other affairs not inconsistent with law.
    6. Membership on the  law  enforcement  agency  accreditation  council
  shall  not constitute the holding of a public office, and members of the
  council shall not be required to take and file oaths  of  office  before
  serving on the council.
    7.  The  members  of  the law enforcement agency accreditation council
  shall receive no compensation for their services but  shall  be  allowed
  their actual and necessary expenses incurred in the performance of their
  functions hereunder.
    8. No member of the law enforcement agency accreditation council shall
  be  disqualified from holding any public office or employment, nor shall
  he forfeit any such office or employment, by reason of  his  appointment
  hereunder.
    9.  For  the  purposes of this section, the following terms shall have
  the following meanings:
    (a) The term  "law  enforcement  agency"  shall  mean  any  agency  or
  department  of  any  municipality,  any  police district, or any agency,
  department, commission, authority or public benefit corporation  of  the
  state  of New York employing a police officer or police officers as that
  term is defined in paragraphs (a), (b), (c), (d), (e),  (f),  (j),  (k),
  (l), (o), (p), and (s) of subdivision thirty-four of section 1.20 of the
  criminal procedure law.
    (b)  The  term  "chief  of  police"  shall  mean  a  chief  of police,
  commissioner of police, or other official having equivalent  cognizance,
  jurisdiction,  supervision  and  control  of  a  police  department of a
  municipality of the state.
    (c) The term "deputy sheriff" shall mean a deputy sheriff employed  by
  the  sheriff's department of any county outside the city of New York who
  has police officer status  as  defined  in  subdivision  thirty-four  of
  section 1.20 of the criminal procedure law.
    (d)  The  term "police officer" shall mean a police officer as defined
  in subdivision thirty-four of section 1.20  of  the  criminal  procedure
  law.
    10.  On  or  before  January first, nineteen hundred ninety, and on or
  before January first of each succeeding  year,  the  commissioner  shall
  report to the governor, temporary president of the senate and speaker of
  the  assembly on the operation and results of the accreditation program.
  Such  report  shall  identify  these  law  enforcement  agencies  making
  application  for  accreditation,  the  agencies  so  accredited, and the
  fiscal impact on law enforcement agencies that have been accredited.