New York Public Officers Law
Sec. § 3-B
Special Peace Officers to Be Citizens; Other Residency Requirements


3-b. Special peace officers to be citizens; other residency requirements.

1.

No sheriff of a county, mayor of a city, or official, or other persons authorized by law to appoint special deputy sheriffs, special constables, marshals, police officers, or peace officers in this state, to preserve the public peace or quell public disturbance, shall hereafter, at the instance of any agent, society, association or corporation, or otherwise, appoint as such special deputy, special constable, marshal, police officer, or peace officer, any person who shall not be a citizen of the United States and a resident of the state of New York, and entitled to vote therein at the time of his appointment, and a resident of the same county as the mayor or sheriff or other official making such appointment; provided, however, that when, in the judgment of a sheriff of a county except those counties within the city of New York a situation exists which requires temporary additional assistance, such sheriff may appoint special deputy sheriffs who are non-residents of the county but residents of the state of New York who shall hold office until such time as the appointing sheriff determines that the situation no longer exists; and no person shall assume or exercise the functions, powers, duties or privileges incident and belonging to the office of special deputy sheriff, special constables, marshal, police officer, or peace officer, without having first received his appointment in writing from the authority lawfully appointing him. Nothing herein contained, however, shall apply to the appointment of a non-resident, as an emergency special deputy sheriff, by the sheriff of any county to act when such sheriff has declared a state of special emergency pursuant to the provisions of section two hundred nine-f of the general municipal law. Any person otherwise qualified who resides in either the county of Nassau or the county of Suffolk may at the instance of a society for the prevention of cruelty to animals be appointed as a peace officer by the appropriate appointing official of either of such counties notwithstanding that such appointee does not reside in the same county as the appointing official. Provided, further, that any person qualified who resides in a county adjacent to the county of Allegany may at the instance of the society for the prevention of cruelty to animals for the county of Allegany be appointed as a peace officer by the appropriate appointing official of the county of Allegany.

2.

Neither the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state by which he or she is employed, shall apply to a person employed by a city with a population over one million in the titles of fire protection inspector, associate fire protection inspector, or supervising fire protection inspector, provided that he or she has completed two years of employment with the city of New York and is a resident of New York, Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or Putnam county.

3.

Neither the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state by which he or she is employed, shall apply to a person employed by a city with a population over one million in the titles of urban park ranger, associate urban park ranger or traffic enforcement agent level IV, provided that he or she has completed two years of employment with the city of New York and is a resident of New York, Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or Putnam county.

4.

Neither the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state by which he or she is employed, shall apply to a person employed by a city with a population of over one million in the titles of special officer, senior special officer, principal special officer and supervising special officer as “special officer” is defined in subdivision forty of section 2.10 of the criminal procedure law, evidence and property control specialists, taxi and limousine inspector, taxi and limousine inspector (motor vehicles), senior taxi and limousine inspector, senior taxi and limousine inspector (motor vehicles), associate taxi and limousine inspector, supervising taxi and limousine inspector, supervising taxi and limousine inspector (motor vehicles), education facilities officers L1 (formerly school guards), education facilities officers L2 (formerly school safety officers), hospital security officers, campus security officer, campus peace officer, college security specialist, campus public safety sergeant, campus security assistant or school guard (school safety agent), provided that he or she has completed two years of employment with the city of New York and is a resident of New York, Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or Putnam county.

5.

In respect to peace officers employed by Cornell university, and assigned to the Ithaca campus, pursuant to section fifty-seven hundred nine of the education law, the provisions of this section requiring a person to be a resident of the same county as the appointing official shall not prevent a person from serving as a peace officer for Cornell university, or as a special deputy sheriff, and assigned to the Ithaca campus, as defined in subdivision forty-two of section 2.10 of the criminal procedure law, provided that such person resides in the state of New York.

6.

Neither the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state by which he or she is employed or appointed, shall apply to a person employed or appointed by a political subdivision or municipal corporation of the state as an auxiliary police officer or special deputy sheriff, provided that such auxiliary police officer or special deputy sheriff is trained and registered pursuant to the provisions of section eight hundred forty-five of the executive law; and provided, further, that such auxiliary police officer or special deputy sheriff resides in the county in which such political subdivision is located or an adjoining county within the state. The provisions of this subdivision shall not apply to a city having a population of one million or more.

7.

Neither the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be employed or appointed or within which his or her official functions are required to be exercised, shall apply to a person who is a member of the security force employed or appointed by Kaleida Health as described in subdivision eighty-three of section 2.10 of the criminal procedure law, provided that such person resides in the county in which such security force of Kaleida Health is located or an adjoining county within the state. The provisions of this subdivision shall only apply to a person who is a member of the security force employed by Kaleida Health on the effective date of this subdivision. A violation of the provisions of this section is a misdemeanor.
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Last accessed
Dec. 13, 2016