T0: Department and Agency Personnel and Affirmative Action Officers
FROM: James W. Sever, Director of Staffing Services
W. Barry Lorch, Director of Classification and Compensation
SUBJECT: Security Guard Legislation
Effective July 12,1993, Chapter 336 of the Laws of 1992 established requirements that individuals in public and private sector employment, whose principal responsibility is to perform security guard duties, must register with the NYS Department of State and complete certain training requirements including an eight hour pre-assignment training program. The Department of State is charged with responsibilities to develop rules, regulations and guidelines necessary to implement this legislation. The eight hour pre-assignment training program is administered through the Division of Criminal Justice Services. For more information on the additional training requirements, including on-the-job training and annual in service training requirements as well as firearm training requirements for armed security guards, you should consult your Counsel's Office.
A security guard is defined as any individual who performs security guard duties more than 50 percent of the time or any person who carries a weapon or wears a guard uniform in the performance of any security guard duties, regardless of the percentage of time.
Security guard duties are defined as:
NOTE: PEACE OFFICERS AND POLICE OFFICERS (designated as such under Section 2.10 and Section 1.20 of the Criminal Procedure Law respectively) ARE EXEMPT if acting in their official capacity for their primary employer.
All positions in the following classes, and their parenthetics, are considered to fall within the definition of Security guard as set out in this law:
It is possible that some positions in other classes may meet the definition of "security guard". Where this occurs, it is the responsibility of the hiring agency to identify these positions and see to it that all requirements under this law are carried out.
The Department of State advises that "Security guards" do not include doorpersons, superintendents, handypersons, porters, elevator operators, private investigators, proprietary investigators, telephone operators, lifeguards, school crossing guards, receptionists, clerks, resident advisors or assistants, parking lot attendants or assistants, fire safety directors or fire inspectors, fireguards, environmental safety persons, or any other titles which do not require such persons to perform any or all of the security guard duties more than 50% of the persons' regularly scheduled work hours.
Anyone hired to perform security guard duties after December 31,1993, will have to register and complete pre-assignment training prior to performing the duties of the position. There are no provisions in the legislation to "grandfather" or "cover in" current employees, employed prior to December 31, 1993, who are performing security guard functions. Current employees will be required to meet the registration and training mandated in the legislation. Security guards in your employ on December 31,1993 may continue employment pending registration on the following schedule: those hired in an even year must be registered during 1994 by their anniversary date of hire; those hired in an odd year must be registered during 1995 by their anniversary date of hire.
Agencies must notify all eligibles on the current lists for Security Services Assistant 1,2,&3, Security Officer and Senior Security Officer of the changes concerning the requirements for security guards by including the following statement with all canvass letters for these lists:
"If appointed, you will be required to register as a Security Guard with the Department of State and complete an eight hour pre-assignment training program administered through the Division of Criminal Justice Services prior to performing the duties of the position. If you are not registered and wish to do so on your own, you may contact the Department of State (518-474-4429). You may contact the Division of Criminal Justice Services (518-457-4135) for further information concerning the pre-assignment training requirement."
The Governor's Office of Employee Relations informs us that consistent with the licensing/registration and qualifications maintenance requirements in other titles in State service, employees are responsible for maintaining their own registration and training. This includes all initial and renewal requirements, and any fees incurred.
The Department of Civil Service will not place blanket restrictions on current or future eligible lists pursuant to this law.
All appointments, temporary and provisional as well as permanent, must meet the requirements as set forth in this law.
List eligibles cannot be by-passed because they have not successfully completed these requirements. List eligibles should be appointed on a permanent basis even though they may not have completed the requirements at the time of appointment.
Security guards who transfer to another state agency must be viewed as new employees and the Personnel Office must insure that they meet the requirements as set forth in this Law.
Examination announcements for titles where all incumbents are required to adhere to the Security Guard Act should include a statement of that fact, and the fees involved.
It is the responsibility of each appointing authority to ensure compliance with the Security Guard Act.
Any questions regarding security guard registration should be directed to Barbara Dunigan at the Department of State (518-473-2728).
Questions regarding the pre-assignment training may be directed to the Security Guard Training Program at the Division of Criminal Justice Services (518-457-4135).
Questions regarding the classification of positions may be directed to your Classification and Compensation Analyst.
Questions regarding the processing of security guard appointments may be directed to your Staffing Services Representative.