Amendment #31 to H4860

MSP Colonel

Mr. Whelan of Brewster moves to amend the bill, as amended, by striking SECTION 38 in its entirety and inserting in place thereof:

“SECTION 38.  Said section 3 of said chapter 22C, as so appearing, is hereby further amended by striking the section its entirety and inserting in place thereof the following:-

Section 3. The colonel, or the superintendent as provided in this section, shall be the executive and administrative head of the department and shall have charge of the administration and organization thereof. The colonel or superintendent may, subject to the approval of the governor and the secretary of public safety and except as otherwise provided, organize such divisions, bureaus, sections and units as the colonel or superintendent deems necessary for the effective management of the department and, when the colonel or superintendent deems necessary for such purpose, may abolish or consolidate such divisions, bureaus, sections or units. The colonel or superintendent shall, except as otherwise provided, direct all inspections and investigations. The colonel or superintendent shall make all necessary rules and regulations for the government of the department, for reports to be made by employees of the department and for the performance of the duties of said employees. The colonel or superintendent shall make an annual report to the governor and the secretary of public safety.

The colonel shall be appointed by the governor, upon the recommendation of the secretary of public safety and security, and shall be a person employed by the department in a rank above lieutenant immediately prior to such appointment; should the governor appoint a civilian superintendent from outside the department, that superintendent shall be superior to the colonel and take on all the powers and responsibilities afforded to the colonel under this chapter. The superintendent shall be qualified by training and experience to direct the work of the department; provided that, at the time of appointment, the superintendent shall have not less than 20 years of full-time experience as a sworn law enforcement officer and not less than 10 years of full-time experience in a senior administrative or supervisory position in a police force or a military body with law enforcement responsibilities; and further provided that such outside police force or military body be of a similar size and scope as the department.  Such appointment shall qualify the colonel to exercise all powers granted to a uniformed member under this chapter.  The superintendent and colonel shall serve at the pleasure of the governor and shall devote his or her full time during business hours to the duties of the office.”.

Additional co-sponsor(s) added to Amendment #31 to H4860

MSP Colonel