88 - When railroads may designate policemen.
§ 88. When railroads may designate policemen. 1. Upon the application of any corporation owning or operating a railroad, express company operating over a railroad, or of any steamboat company, the superintendent of state police may appoint any person as a policeman, with all the powers of a policeman in cities and villages, for the preservation of order and of the public peace, and the arrest of all persons committing offenses upon the land of or upon property in the custody of or under the control of such corporation, express company or steamboat company. When the committed offense would constitute a violation a summons in lieu of arrest may be issued. In the city of New York such summonses shall be issued only in accordance with the provisions of paragraph eight of section fifty-seven of the New York city criminal court act and any rule or order of court promulgated pursuant thereto. 2. Such application shall be in writing, specifying the name, age, and address of each person for whom an appointment is sought. 3. The corporation, express company or steamboat company making any such application shall cause the fingerprints of each proposed appointee to be taken by a police agency and shall cause one set of such fingerprints to be forwarded to the division of identification, New York state department of correction, at Albany, New York, and one set of such fingerprints to be forwarded to the identification division, federal bureau of investigation, United States department of justice, at Washington, D. C., with the request that such fingerprints shall be searched by each agency against the fingerprint records in its files and be retained in the files of such agencies and the further request that reports of the results of such searches shall be transmitted to the superintendent of state police. 4. Reports of the results of such searches of the fingerprint records of the department of correction and of the department of justice shall be reviewed by the superintendent of state police prior to granting an appointment, to determine whether a proposed appointee is thereby shown to have been convicted of a crime in the state of New York or of any offense in any other place which if committed in the state of New York would have been a crime and no person who is determined by such review to have been so convicted shall receive an appointment under this section. 5. The corporation, express company or steamboat company making application shall also cause an investigation to be conducted in a manner satisfactory to the superintendent of state police of the character, qualifications and fitness of each proposed appointee and shall transmit to the superintendent of state police a report of the results of such investigation which shall be reviewed by the superintendent of state police and no person whom such investigation shows to be other than of good moral character shall receive an appointment under this section. 6. No person shall be granted an appointment as a police officer under this section unless and until the corporation, express company or steamboat company making application shall certify to the superintendent of state police that the proposed appointee has had the minimum police training required for local police officers by the municipal police training council of the office of local government, executive department, state of New York, or such equivalent training as may be specifically approved by the executive director of the municipal police training council or if the proposed appointee has not had such minimum training that he will receive the same within twelve months from the date of any appointment granted under this section.7. No person shall be granted an appointment as a police officer under this section unless and until the corporation, express company or steamboat company making application shall certify to the superintendent of state police that the proposed appointee has had adequate firearms training or that before he is issued and/or is permitted to carry firearms and within six months from the date of any appointment made under this section, he will receive such training. 8. If any person who has not received the minimum police and/or firearms training described in the preceding two paragraphs of this section shall be appointed a policeman under this section, the corporation, express company or steamboat company which made application for his employment shall furnish the superintendent of state police, within six months of the date of appointment, a certificate issued by an approved municipal police council training school or its equivalent as previously described in this section, certifying the successful completion by the appointee of the minimum training required and/or shall certify to the superintendent of state police within six months of the date of appointment that the appointee has received adequate training in the use of firearms and in the event such certificate and/or such certification are not furnished the superintendent of state police within the time prescribed herein, he shall revoke the appointment. 9. The superintendent of state police shall file the certificate of appointment of any such person in the office of the department of state, and shall forthwith notify the person appointed, by mail, at the address specified in the application that the certificate has been so filed. Each such person shall, within fifteen days after such certificate shall have been filed, and before entering upon the duties of his office, take and subscribe the constitutional oath of office, and file it in the office of the department of state. The home address of the person appointed shall appear in the certificate of appointment, and whenever such address is changed the corporation, express company or steamboat company employing the person appointed shall file with the superintendent of state police a statement of the new address. 10. No person shall be appointed who is not an American citizen, and who has not, prior to the time of the filing of the application, filed in the office of the department of state his written consent to his appointment as such policeman. 11. No conductor, brakeman, fireman, engineer or other person actively engaged in the operation and movement of any train or car or set of cars shall be eligible for appointment as a policeman. 12. Each person designated to act as such policeman shall receive a license from the secretary of state and shall not be permitted to enter upon his duties as such policeman until he has actually received such license. 13. Every such policeman shall when on duty wear a metallic shield with the words "railroad police" or "steamboat police" or "express police" as the case may be and the name of the corporation, express company or steamboat company for which appointed inscribed thereon, which shall always be worn in plain view, except when employed as a detective. 14. A person appointed policeman under this section shall not, while the appointment is in force, be employed by or perform any service for the corporation, express company, or steamboat company, in any other capacity than that of policeman and he shall not be permitted to exercise the duties or functions of a policeman except upon the property or in connection with the property connected with or under the control of the corporation, express company, or steamboat company, for which he has been appointed.15. The compensation of every such policeman shall be such as may be agreed upon between him and the corporation, express company, or steamboat company, for which he is appointed and shall be paid by the corporation, express company, or steamboat company. 16. When any such corporation, express company, or steamboat company, shall no longer require the services of any policeman appointed under this section it shall file notice to that effect in the office of the department of state, and thereupon such appointment shall cease and be at an end. 17. The superintendent of state police may also at pleasure revoke or suspend the appointment of any such policeman by filing a notice of suspension or revocation thereof in the office of the department of state and mailing a notice of such filing to the corporation, express company or steamboat company for which he was appointed, and also to the person whose appointment is suspended or revoked, at his last home address as the same appears in the certificate of appointment or the latest statement thereof on file. An appointment suspended by the superintendent may be restored by him upon the filing of a restoration notice to the department of state, the person suspended, and his employer. 18. If such person thereafter, knowing of such revocation or having in any manner received notice thereof, exercises or attempts to exercise any of the powers of a policeman, under this section, he shall be guilty of a misdemeanor; and the filing and mailing of such notice, as above provided, shall be presumptive evidence that such person knew of the revocation.