S T A T E   O F   N E W   Y O R K
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                                   3068
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  the  establishment  of  a precinct commander appointment
   board in each police precinct in the city of New York for the  purpose
   of  evaluating  and  selecting  the precinct commander for such police
   precinct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 14-191 to read as follows:
   § 14-191 PRECINCT COMMANDER APPOINTMENT BOARD. 1. NOTWITHSTANDING  THE
 PROVISIONS  OF  SECTION  SEVENTY  OF  THE CIVIL SERVICE LAW, THE BOROUGH
 PRESIDENT OF EACH BOROUGH IN THE CITY SHALL  ESTABLISH  IN  EACH  POLICE
 PRECINCT  OF  THE  CITY  A  PRECINCT  COMMANDER  APPOINTMENT BOARD ("THE
 BOARD") FOR THE PURPOSE OF EVALUATING AND SELECTING THE PRECINCT COMMAN-
 DER FOR SUCH POLICE  PRECINCT.  THE  BOARD  WILL  ESTABLISH  APPROPRIATE
 PROCEDURES AND POLICIES FOR THE CONDUCT OF ITS AFFAIRS.
   2. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION,
 EACH  PRECINCT  COMMANDER  APPOINTMENT  BOARD SHALL BE COMPOSED OF EIGHT
 MEMBERS AS FOLLOWS:
   (I) THE CHAIR OF THE COMMUNITY BOARD FOR THE  DISTRICT  IN  WHICH  THE
 RESPECTIVE POLICE PRECINCT IS LOCATED;
   (II)  THE PRESIDENT OF THE COMMUNITY COUNCIL FOR THE DISTRICT IN WHICH
 THE RESPECTIVE POLICE PRECINCT IS LOCATED;
   (III) THREE POLICE CAPTAINS APPOINTED BY  THE  COMMISSIONER,  NONE  OF
 WHOM SHALL BE STATIONED AT THE RESPECTIVE PRECINCT;
   (IV)  ONE PERSON APPOINTED BY THE BOROUGH PRESIDENT FOR THE BOROUGH IN
 WHICH THE RESPECTIVE POLICE PRECINCT IS LOCATED; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05549-01-1

              

 A. 3068                             2
 
   (V) TWO PERSONS APPOINTED BY A MAJORITY OF THE  CITY  COUNCIL  MEMBERS
 REPRESENTING  THE  DISTRICT  IN  WHICH THE RESPECTIVE POLICE PRECINCT IS
 LOCATED.
   (B)  IN  AREAS  IN WHICH THE NEW YORK CITY HOUSING AUTHORITY OPERATES,
 THE PRECINCT COMMANDER APPOINTMENT BOARD SHALL INCLUDE  A  NINTH  MEMBER
 WHO  SHALL  BE  THE  CHAIR OF THE NEW YORK CITY HOUSING AUTHORITY TENANT
 ASSOCIATION FOR THE AREA IN WHICH  THE  RESPECTIVE  POLICE  PRECINCT  IS
 LOCATED.
   (C)  THE  CHAIR  OF  THE COMMUNITY BOARD FOR THE DISTRICT IN WHICH THE
 RESPECTIVE POLICE PRECINCT IS  LOCATED  SHALL  SERVE  AS  CHAIR  OF  THE
 PRECINCT COMMANDER APPOINTMENT BOARD.
   (D) A REPRESENTATIVE OF THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE
 SHALL  SERVE  AS  SECRETARY TO THE PRECINCT COMMANDER APPOINTMENT BOARD;
 PROVIDED THAT SUCH SECRETARY SHALL NOT VOTE IN THE PROCEEDINGS.
   (E) ALL MEMBERS OF THE PRECINCT COMMANDER APPOINTMENT BOARD  SHALL  BE
 RESIDENTS OF THE BOROUGH IN WHICH THE PRECINCT IS LOCATED.
   (F)  ANY  VACANCY IN THE MEMBERSHIP OF THE PRECINCT COMMANDER APPOINT-
 MENT BOARD SHALL BE FILLED IN THE SAME  MANNER  IN  WHICH  THE  ORIGINAL
 APPOINTMENT WAS MADE.
   3. (A) UPON THE OCCURRENCE OF A VACANCY IN A POLICE PRECINCT COMMANDER
 POSITION,  THE  COMMISSIONER  SHALL NOTIFY THE SECRETARY OF THE PRECINCT
 COMMANDER APPOINTMENT BOARD FOR THE RESPECTIVE PRECINCT OF THE  VACANCY.
 THE  COMMISSIONER  OR HIS OR HER DELEGEE SHALL SUPPLY THE BOARD WITH THE
 NAMES OF PROSPECTIVE CANDIDATES FOR THE POSITION AND WITH EMPLOYMENT AND
 BACKGROUND INFORMATION REGARDING EACH SUCH CANDIDATE, AS  DEEMED  NECES-
 SARY  BY  THE  BOARD.  THE  BOARD, IN ITS DISCRETION, MAY CONSIDER OTHER
 CANDIDATES FOR THE POSITION. THE BOARD, THROUGH  THE  SECRETARY  OF  THE
 BOARD,  SHALL  IMMEDIATELY  NOTIFY  THE  COMMISSIONER OF THE NAME OF ANY
 ALTERNATIVE CANDIDATE. ANY PERSON WHOSE NAME IS PUT FORTH BY THE COMMIS-
 SIONER OR  BY  THE  PRECINCT  COMMANDER  APPOINTMENT  BOARD  SHALL  HAVE
 ATTAINED  A MINIMUM RANK OF SERGEANT NOT LESS THAN ONE YEAR PRIOR TO THE
 SELECTION PROCESS TO FILL THE PRECINCT COMMANDER VACANCY.
   (B) IN SELECTING THE NEW PRECINCT COMMANDER,  THE  PRECINCT  COMMANDER
 APPOINTMENT  BOARD WILL GIVE CONSIDERATION TO THE EXAMINATION FROM WHICH
 A CANDIDATE RECEIVED PERMANENT CIVIL SERVICE STATUS, THE LENGTH OF  TIME
 SERVED  IN  THE  CANDIDATE'S  PRESENT POSITION AND OTHER RELATED FACTORS
 WHICH WILL BE ESTABLISHED AND PROMULGATED BY THE BOARD.
   (C) THE PRECINCT COMMANDER APPOINTMENT  BOARD  SHALL  SELECT  THE  NEW
 PRECINCT  COMMANDER  BY A MAJORITY VOTE OF THE ENTIRE BOARD. A MEMBER OF
 THE BOARD MAY CAST HIS OR HER VOTE BY VIDEO TELECONFERENCE OR CONFERENCE
 CALL UPON NOTICE TO THE OTHER MEMBERS OF THE BOARD BY MAIL, EMAIL,  TEXT
 OR TELEPHONE CALL AT LEAST TWELVE HOURS BEFORE SUCH MEETING.
   (D)  WITHIN THIRTY DAYS OF BEING NOTIFIED OF A VACANCY IN THE PRECINCT
 COMMANDER POSITION,  THE  PRECINCT  COMMANDER  APPOINTMENT  BOARD  SHALL
 SELECT  THE  NEW  PRECINCT  COMMANDER.  THE SECRETARY OF THE BOARD SHALL
 IMMEDIATELY PROVIDE WRITTEN NOTICE TO THE COMMISSIONER  OF  THE  BOARD'S
 SELECTION  TO  FILL  THE POSITION. SUCH NOTICE MAY BE PROVIDED ELECTRON-
 ICALLY BY EMAIL OR FACSIMILE.
   4. MEETINGS OF  THE  PRECINCT  COMMANDER  APPOINTMENT  BOARD  WILL  BE
 CONVENED  BY  THE CHAIR OF THE BOARD, WHO WILL PROVIDE THE OTHER MEMBERS
 OF THE BOARD WITH NOT LESS THAN FIVE DAYS' NOTICE OF THE DATE, TIME  AND
 PLACE  OF  THE  MEETING. MEETINGS MAY BE CONDUCTED IN FULL OR IN PART BY
 VIDEO TELECONFERENCE OR CONFERENCE CALL UPON NOTICE TO  ALL  MEMBERS  OF
 THE  BOARD  AND  TO  THE  SECRETARY OF THE BOARD BY MAIL, EMAIL, TEXT OR
 TELEPHONE CALL AT LEAST TWELVE HOURS BEFORE SUCH MEETING.

 A. 3068                             3
 
   5. NO MEMBER OF THE PRECINCT COMMANDER APPOINTMENT BOARD SHALL RECEIVE
 ANY ADDITIONAL COMPENSATION FROM THE STATE OF NEW YORK  OR  ANY  OF  ITS
 POLITICAL  SUBDIVISIONS  FOR  ANY SERVICES RENDERED TO THE BOARD NOR ANY
 EXPENSES INCURRED IN ATTENDANCE AT BOARD MEETINGS.
   6.  NO  MEMBER  OF  A  PRECINCT  COMMANDER  APPOINTMENT BOARD SHALL BE
 DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC  OFFICE  OR  EMPLOYMENT,  NOR
 SHALL  HE  OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS
 OR HER MEMBERSHIP ON A PRECINCT COMMANDER  APPOINTMENT  BOARD,  NOTWITH-
 STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE,
 OR CITY CHARTER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.