August 27, 2008
Disciplining State Police investigators
With a bill awaiting his signature or veto, Governor David Paterson will decide who gets the final say when disciplining members of the Bureau of Criminal Investigation of the State Police: the superintendent of the State Police or an outside arbitrator.
Based on its lopsided vote (58-0 in the Senate and 136-4 in the Assembly), the Legislature favors bringing in an outside arbitrator at the end of a four-step disciplinary process. The arbitrator would review action taken by three levels of state Police personnel (the zone commander, trooper commander and superintendent).
Currently, a board of three State Police officers (one chosen by the accused) conducts a disciplinary hearing and make recommendations to the superintendent who renders the final decision.
The memo attached to the bill does not say how much the added arbitration would cost, only that costs would be shared by the Governor's Office of Employee Relations and the union (NYS Police Investigators Association).
In 2004, the Legislature passed a similar measure. Governor George Pataki vetoed it on the advice of State Police brass, who argued the Division of State Police is "paramilitary organization" which must impose uniform discipline on its members. Pataki wrote:
In submitting the disciplinary actions to the review of an independent, and unaccountable, arbitrator, the [Division of State Police] believes that this bill could jeopardize its ability to fairly, effectively and consistently discipline its members.
Pataki added the best way to ensure "fair and consistent" disciplinary action is by vesting decision-making with "the superintendent who is accountable to the governor, and ultimately the public, for his decisions"
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