1. (a) Division means the Division of Criminal Justice Services.
2. (b) Commissioner means the Commissioner of the Division of Criminal Justice Services or their designee.
3. (c) Council or MPTC shall mean the Municipal Police Training Council.
4. (d) Employer means the chief executive officer of any State or local agency, unit of local government, State or local commission, public authority, or organization which employs police officers or peace officers.
5. (e) Police officer means a person designated as such in section 1.20(34) of the Criminal Procedure Law.
6. (f) Peace officer means a person designated as such in sections 2.10 and 2.16 of the Criminal Procedure Law.
7. (g) Registry means the Central State Registry of Police Officers and Peace Officers created by section 845 of the Executive Law.

8. (h) Removal for cause of a full-time or part-time police officer or peace officer means when an officer has an interruption in service as defined in paragraph (2) of this subdivision subsequent to and in connection with allegations of misconduct as defined in paragraph (1) of this subdivision which are known or should be known to the employer or any officer or employee of the employer agency or is being investigated by another agency or entity.

   1. (1) Misconduct, includes:

      1. (i) criminal activity, whether criminally charged or prosecuted, regardless of where the act took place if said conduct would constitute an offense in New York, which is defined as:

         1. (a) any felony offense;
         2. (b) any sex offense or sexually violent offense as defined in article 6C of the Correction Law;
         3. (c) all serious offenses as defined in subdivision 17 of section 265 of the Penal Law;
         4. (d) crimes involving official misconduct and obstruction of public servants as defined in article 195 of the Penal Law; crimes involving bribery of a public servant as defined in article 200 of the Penal Law; crimes involving perjury as defined in article 210 of the Penal Law; offenses relating to judicial proceedings as defined in article 215 of the Penal Law;
         5. (e) crimes involving forgery as defined in article 170 of the Penal Law; crimes involving false written statements as defined in article 175 of the Penal Law; crimes involving fraud as defined in article 190 of the Penal Law; or
         6. (f) crimes involving assault and menacing as defined in article 120 of the Penal Law; crimes involving obscenity as defined in article 235 of the Penal Law; crimes against public sensibilities as defined in article 245 of the Penal Law.

      2. (ii) Dishonesty which is defined as:

         1. (a) false statements or conduct that subverts or attempts to subvert the:

            1. (1) employment application process; or
            2. (2) State certification process defined in General Municipal Law section 209-q;
         2. (b) conduct involving dishonesty, fraud, deceit, or misrepresentation.

      3. (iii) Use of excessive force which is defined as:

         1. (a) force which violates the use of force policy required under Executive Law section 840(4)(d)(3).

      4. (iv) Abuse which is defined as:

         1. (a) inappropriate conduct of a sexual nature, civil or criminal, regardless of adjudication;
         2. (b) engaging in sexual conduct while on duty; or
         3. (c) engaging in sexual conduct with someone detained or in the custody or control or under the supervision of a police or peace officer.

      5. (v) Conflicts of interest which is defined as:

         1. (a) acts constituting gross negligence: where the police or peace officer’s act or failure to act creates a danger or risk to persons, property, or to the efficient operation of the department, recognizable as a gross deviation from the standard of care that a reasonable police or peace officer would observe in a similar circumstance;
         2. (b) acts constituting gross misconduct: in determining what constitutes "incompetence or gross misconduct," the department may take into account practices generally followed in the profession, current teaching at public safety training facilities, and technical reports and literature relevant to the field of law enforcement.

   2. (2) Interruption from service includes separation:

      1. (i) pursuant to:

         1. (a) a hearing held under section 75 of the Civil Service Law;
         2. (b) a collective bargaining agreement, or any general, special or local law, or charter provision in accordance with section 76 of the Civil Service Law; or
         3. (c) any other applicable law; or
      2. (ii) by an employee's resignation or retirement; or
      3. (iii) after an employee's waiver of any rights available pursuant to one of the processes described in subparagraph (2)(i) of this subdivision.
9. (i) Removal during a probationary period means a probationary period not successfully completed due to conduct defined in paragraph (h)(1) of this section.

As used in this Part, the following terms shall have the following meanings: