Veto
12-21-2005, 12:04 PM
VETO MESSAGE:
VETO MESSAGE - No. 65
TO THE ASSEMBLY:
I am returning herewith, without my approval, the following bill:
Assembly Bill Number 8246, entitled:
"AN ACT to amend the civil service law, in relation to the appoint-
ment of correction officers of any rank who have performed inves-
tigative duties for eighteen months to the position of detective
or investigator"
NOT APPROVED
This bill would amend the Civil Service Law to provide that correction
officers who have performed investigative duties for 18 months in the
position of detective or investigator in jurisdictions which do not
administer examinations for such positions shall be designated to the
permanent position of detective or investigator. The Civil Service Law
currently provides for the designation of police officers and deputy
sheriffs in jurisdictions other than New York City who have performed
investigative duties for 18 months pursuant to a temporary assignment to
the permanent position of detective or investigator. This bill would
take effect immediately.
Current law appropriately requires jurisdictions that do not provide
competitive examinations for the positions of detective and investigator
to provide their most experienced investigative police officers and
deputy sheriffs the permanent career advancement they have earned
through their service. However, I am concerned that the expansion of
these rights to corrections officers could interfere with the efficient
operation of correctional facilities. I am advised by the Department of
Correctional Services (DOCS), which urges my disapproval of the bill,
that the duties performed by correction officers assigned to the posi-
tion of investigator involve extremely sensitive investigations, the
great majority of which center upon allegations of misconduct by fellow
employees. DOCS contends that its discretion to return those investi-
gators to correctional facility positions at any time is imperative to
the proper organizational oversight of this vital internal ethics func-
tion. Moreover, I am advised by the Department of Civil Service, which
also opposes the bill, that expanding current law, which is limited to
police positions, to include corrections officers, who are peace offi-
cers, could have unintended legal consequences. Based upon these
objections, I must disapprove the bill.
The bill is disapproved. (signed) GEORGE E. PATAKI
VETO MESSAGE - No. 65
TO THE ASSEMBLY:
I am returning herewith, without my approval, the following bill:
Assembly Bill Number 8246, entitled:
"AN ACT to amend the civil service law, in relation to the appoint-
ment of correction officers of any rank who have performed inves-
tigative duties for eighteen months to the position of detective
or investigator"
NOT APPROVED
This bill would amend the Civil Service Law to provide that correction
officers who have performed investigative duties for 18 months in the
position of detective or investigator in jurisdictions which do not
administer examinations for such positions shall be designated to the
permanent position of detective or investigator. The Civil Service Law
currently provides for the designation of police officers and deputy
sheriffs in jurisdictions other than New York City who have performed
investigative duties for 18 months pursuant to a temporary assignment to
the permanent position of detective or investigator. This bill would
take effect immediately.
Current law appropriately requires jurisdictions that do not provide
competitive examinations for the positions of detective and investigator
to provide their most experienced investigative police officers and
deputy sheriffs the permanent career advancement they have earned
through their service. However, I am concerned that the expansion of
these rights to corrections officers could interfere with the efficient
operation of correctional facilities. I am advised by the Department of
Correctional Services (DOCS), which urges my disapproval of the bill,
that the duties performed by correction officers assigned to the posi-
tion of investigator involve extremely sensitive investigations, the
great majority of which center upon allegations of misconduct by fellow
employees. DOCS contends that its discretion to return those investi-
gators to correctional facility positions at any time is imperative to
the proper organizational oversight of this vital internal ethics func-
tion. Moreover, I am advised by the Department of Civil Service, which
also opposes the bill, that expanding current law, which is limited to
police positions, to include corrections officers, who are peace offi-
cers, could have unintended legal consequences. Based upon these
objections, I must disapprove the bill.
The bill is disapproved. (signed) GEORGE E. PATAKI