(b) Elements of the test battery. Elements of the test battery to be used for physical fitness screening are described below. Although these elements may not be directly representative of essential job functions to be performed by an entry-level police officer, such elements do measure the candidate's physiological capacity to learn and perform the essential job functions. The minimum scores for employment as an entry-level police officer as set forth below represent the 40th percentile of fitness. If a candidate does not successfully score to the 40th percentile of fitness for each of the elements of the test battery, the candidate shall not be deemed to have successfully completed the physical fitness screening test. Nothing herein shall preclude an administrator of such screening test from substituting an element of the test battery, which such administrator has determined and validated to accurately assess the candidate's physiological capacity to learn and perform essential job functions. The 1.5 mile run shall only be administered to such individuals who have successfully completed each of the other two elements of the test battery (sit-up and push-up).

This proposal revises the test battery elements and scores contained in subdivision (b) of section 6000.8 of Title 9 NYCRR. The test battery elements and scores are based on physical fitness models developed by the Cooper Institute for Aerobics Research, Inc. The Cooper Institute recently revised the successful scores for the 1.5 mile run. This proposal merely conforms to the recent changes made by the Cooper Institute. Given the ministerial nature and purpose of the proposal, which was unanimously approved by the Municipal Police Training Council, the Division of Criminal Justice Services has determined that no person is likely to object to the rule as written.

The proposal updates the table used for the physical fitness screening test for a police officer candidate for appointment in the competitive class of the civil service as a municipal police officer. As such, it is apparent from the nature and purpose of the proposal that it will have no impact on jobs and employment opportunities.