N.Y. Comp. Codes R. & Regs. tit. 9, § 6000.2 – Statement of purpose.

(a) With the enactment of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., into law, the council recognized the need to revise the height, weight, and physical fitness standards for police officers to ensure that all such standards were job-related, consistent with business necessity, and did not discriminate against qualified persons with disabilities. Over a one-year period, a comprehensive statewide job task analysis of the essential functions of an entry-level police officer was conducted with the participation of over three hundred law enforcement supervisors. A detailed listing of the essential job functions generally common to all police agencies in the State was developed. Based upon that list, a medical advisory group consisting of physicians and other health-related professionals who have examined police officer candidates pursuant to their employment, formulated a list of standards for police officers, and noted medical conditions which may potentially disqualify a candidate from learning and performing the essential functions of a police officer. It is important to keep in mind that the job task analysis only identified the essential job functions generally common to all policing. A local police agency may have additional or different essential job functions for its police officers which are not specifically addressed in the statewide listing.
(b) In accordance with title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), 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 a 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 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.
(c) With the enactment of the “New York State professional policing act of 2021,” the council was directed to establish rules and regulations pertaining to the psychological requirements and background investigations of persons for provisional or permanent appointment in the competitive class of the civil service as police officers of any county, city, town, village or police district to determine the applicant’s fitness and eligibility. These regulations are intended to ensure that all persons appointed to the position of police officer are held to the same hiring standards and promote professional police services. All law enforcement officers must be of good moral character as determined by a thorough background investigation to ensure persons who engage in illegal, dishonest, unprofessional, unethical, or immoral conduct are prohibited from becoming police officers, and to protect against acts or conduct which may endanger the safety and welfare of the public. All police officers must also be emotionally stable and psychologically fit to perform the essential functions of a police officer, and endure the uniquely stressful working conditions. Consistent background investigation procedures and standards as set forth in section 6000.10 of this Part and psychological standards as set forth in section 6000.11 of this Part will ensure that all New York police agencies and police officers are held to identical hiring standards with the goal of ensuring that police interactions with all individuals are appropriate and that the rights of all parties are respected.
(d) The purpose of this Part is to set forth the essential job functions adopted pursuant to the statewide job task analysis which are generally common among all police agencies; the minimum medical, physical fitness and psychological standards for police officer candidates; the process for medical review by a qualified physician or a qualified practitioner; the process for psychological review by a qualified psychologist or psychiatrist; and, the procedures and standards for background investigations to examine each candidate and allow such candidate to demonstrate on a case-by-case basis, the candidate’s eligibility and ability to perform the essential job functions of police officer.