BILL NUMBER: S8514
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the civil service law and the administrative code of the
city of New York, in relation to the hiring of certain police officers
 
PURPOSE:
The purpose of this legislation is to prohibit the hiring of police
officers who were previously dismissed for malfeasance or serious
misconduct and prohibits the hiring of police officers who previously
resigned or retired while under investigation for malfeasance or serious
misconduct.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 58 of the civil service law by adding a new
subdivision 7, providing that no person shall be eligible for appoint-
ment as a police officer if they previously held such employment and
were dismissed for malfeasance or other serious misconduct or had
resigned or retired from such position while under investigation for
such malfeasance or serious misconduct.
Section 2: Amends section 14-109 of the administrative code of the city
of New York by adding a new subdivision c, with the same provisions as
described above.
Section 3: Sets forth the effective date.
 
JUSTIFICATION:
As a matter of accountability, justice, and community safety, it is
necessary to ensure that individuals holding positions of public trust
as police officers who have been found to have engaged in acts of
malfeasance or serious misconduct not be able to be employed as police
officers in New York State. New York has taken positive steps in regard
to accountability for officers who have been dismissed due to miscon-
duct, by adopting, in 2021, the New York state professional policing act
of 2021, PART BBB, of Chapter 59 of the laws of 2021. This law creates
state-wide reporting requirements when an officer has ceased to serve
and decertification when an officer was removed for cause. However, as
found in a 2024 in-depth investigation undertaken by New York Focus and
MuckRock (Sussman and Gelardi, "Rehired: How New York's Problem Cops Can
Bounce Between Jobs", October 31, 2024), this process fails to provide
full protection to the public from departments re-hiring such officers.
In part this is because this law depends on the accurate reporting by
police departments of the reasons an officer stop serving. And officers
who were removed prior to October 2021 are not covered. Unfortunately,
the problem of "wandering" bad officers continues. As background, a 2017
Washington Post study found, for example, nearly a quarter of the police
officers who have been dismissed since 2006 across the country have been
reinstated. Such officers have been allowed back into the line of duty
to purportedly protect and serve their communities despite blatant and
egregious acts that have become all too common, like the killing of
unarmed Black and brown individuals, or the sexual abuse of women in the
back of'Patrol cars. It is reprehensible that bad actors can continue to
serve in such a capacity, especially as misconduct increasingly contin-
ues to be recorded and publicized. This practice sends a clear message
to our communities and to the most vulnerable members of society that
their safety is not important and that they are disposable. Addi-
tionally, such a practice simultaneously tarnishes the reputation of
officers who work to uphold the safety and best interests of the people
they vow to serve and actually makes such officers less safe.
Based on section 6 of a 2015 Connecticut law, House Bill No. 7103,
Public Act No. 15-4, this bill prohibits the hiring of police officers
in New York State who were previously dismissed on the grounds of
malfeasance or serious misconduct by requiring former law enforcement
agencies to disclose to prospective law enforcement agencies any. know-
ledge of dismissal, resignation or retirement related to such malfea-
sance or misconduct. Malfeasance or serious misconduct includes but is
not limited to a conviction of a felony, fabrication of evidence,
repeated use of excessive force, acceptance of a bribe, and the commis-
sion of fraud. This bill also prohibits the hiring of those who have
resigned or retired while under investigation for malfeasance or serious
misconduct.
This bill establishes a clear and affirmative responsibility and rule
that must be followed by all departments in the state. In combination
with the decertification process and with the repeal of Civil Rights Law
section 50-A in 2020, this bill would help to ensure communities in New
York are protected from "wandering" bad officers who pose a risk to
community safety and accountability.
 
LEGISLATIVE HISTORY:
SENATE:
2023-24 S4446 (Fernandez) Referred to civil service & pensions
2021-22 S821 (Biaggi) Referred to civil service & pensions
2020 S8513A (Biaggi) Referred to rules
ASSEMBLY
2025-26 A5132 (Anderson) Referred to governmental employees
2023-24 A1648 (Aubry) Referred to governmental employees
2021-22 A2490 (Aubry) Referred to governmental employees
2020 A10877 (Aubry) Referred to governmental employees
 
FISCAL IMPLICATIONS:
None.
 
LOCAL FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S8514: 58 civil service law