CJS-13-15-00023-P Statement of Purpose for Medical and Physical Fitness Standards and Procedures for Police Officer Candidates

4/1/15 N.Y. St. Reg. CJS-13-15-00023-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 13

April 01, 2015

RULE MAKING ACTIVITIES

DIVISION OF CRIMINAL JUSTICE SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CJS-13-15-00023-P

Statement of Purpose for Medical and Physical Fitness Standards and Procedures for Police Officer Candidates

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 6000.2(b) of Title 9 NYCRR.

Statutory authority:

Executive Law, sections 837(13) and 840(2)

Subject:

Statement of purpose for medical and physical fitness standards and procedures for police officer candidates.

Purpose:

To clarify the purpose for the physical fitness standards for police officer candidates.

Text of proposed rule:

1. Subdivision (b) of section 6000.2 of Title 9 of the New York Codes, Rules and Regulations is amended to read as follows:

(b) In accordance with Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), [The] the council also recognized the need to revise the physical fitness screening practice so that the test employed provides an objective, verifiable measure of physical fitness that is properly focused on job-related skills and aptitudes and provides an accurate assessment of a candidate's physiological capacity to learn and perform the essential job functions of an entry-level police officer. Pursuant to the statewide job task analysis, a battery of physical screening elements was developed[,] based upon the model formulated by the Cooper Institute for Aerobics Research. The analysis recommended the adoption of such elements for physical fitness screening and determined that such elements do not adversely impact a candidate based upon his/her sex. The physical fitness screening elements of the tests are job-related, consistent with business necessity and do not discriminate against qualified persons. Each of the physical fitness screening elements of the tests were validated and correlated to the performance of essential job functions.

Text of proposed rule and any required statements and analyses may be obtained from:

Rosemarie Hewig, Division of Criminal Justice Services, 80 South Swan Street, Albany, New York 12210, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This proposal revises the statement of purpose for physical fitness standards and procedures for police officer candidates as set forth in subdivision (b) of section 6000.2 of Title 9 NYCRR. The physical fitness test battery and scores are based on physical fitness models developed by the Cooper Institute. This proposal merely clarifies that the physical fitness test provides an objective, verifiable measure of the candidate’s physical fitness, and is properly focused on job-related skills and aptitudes, in accordance with Title VII of the Civil Rights Act of 1964 (42 U.S.C § 2000e et seq.). Given the ministerial nature and purpose of the proposal, which was unanimously approved by the Municipal Police Training Council, the Division of Criminal Justice Services has determined that no person is likely to object to the rule as written.

Job Impact Statement

The proposal merely clarifies the statement of purpose for physical fitness standards and procedures for police officer candidates as set forth in subdivision (b) of section 6000.2 of Title 9 NYCRR. As such, it is apparent from the nature and purpose of the proposal that it will have no impact on jobs and employment opportunities.