NY State Senate Bill 2021-S3807

Senate Bill S3807

2021-2022 Legislative Session

Relates to establishing a process for neutral arbitrators to review certain disciplinary decisions and penalties imposed on members of the New York city police department

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to cities 1
Jan 30, 2021	referred to cities 1

2021-S3807 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §440, NYC Chart
Versions Introduced in 2023-2024 Legislative Session:: S4336

2021-S3807 (ACTIVE) - Summary

Establishes a process for neutral arbitrators to review certain disciplinary decisions and penalties imposed on members of the New York city police department.

2021-S3807 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3807

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the New York city charter, in relation to establishing a
process for neutral arbitrators to review certain disciplinary decisions
and penalties imposed on members of the New York city police department

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish an arbitration panel to review police disciplinary cases
when the New York City police commissioner wishes to impose a lesser
penalty than that recommended by the Civilian Complaint Review Board.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 440(3)(d) of the New York City Charter.

Section 2 provides an effective date.

 
JUSTIFICATION:

Currently, complaints against members of the city police department are
reviewed by the Civilian Complaint Review Board, which makes recommenda-
tions for the discipline of officers who have been found to have engaged
in misconduct after a complaint by a member of the public. The police
commissioner may adopt, exceed, reduce or disregard the board's recom-
mended disciplinary sanctions.  This bill would refer any case in which
the police commissioner wished to reduce or disregard the recommenda-
tions for disciplinary sanctions to a neutral arbitrator from a panel
appointed by the mayor. The purpose of the bill is to mitigate the
internal conflict presented when the police commissioner evaluates the
work of officers in the department. The arbitrators would not hear any
cases in which the police commissioner adopted the board's recommenda-
tions or exceeded the recommended disciplinary sanctions.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
One hundred twenty days it shall have become a law.

2021-S3807 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3807
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the New York city charter, in relation to establishing a
   process  for  neutral arbitrators to review certain disciplinary deci-
   sions and penalties imposed on members of the  New  York  city  police
   department
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 3 of subdivision (d) of section 440  of  the  New
 York  city  charter,  as amended by section 4 of question 2 of local law
 number 215 of the city of New York for the year 2019, is amended to read
 as follows:
   3. The police commissioner shall report to the board in writing on any
 action taken, including the level of discipline and any penalty imposed,
 in all cases in which the board submitted a finding or recommendation to
 the police commissioner with respect to a matter within its jurisdiction
 pursuant to this section. In any case  substantiated  by  the  board  in
 which the police commissioner intends to impose or has imposed a differ-
 ent penalty or level of discipline than that recommended by the board or
 by the deputy commissioner responsible for making disciplinary recommen-
 dations, the police commissioner shall provide such written report, with
 notice  to  the subject officer, no later than 45 days after the imposi-
 tion of such discipline or in such shorter time frame as may be required
 pursuant to an agreement between the police commissioner and the  board.
 Such  report  shall  include  a  detailed explanation of the reasons for
 deviating from the board's recommendation or the recommendation  of  the
 deputy  commissioner responsible for making disciplinary recommendations
 [and, in]. IN cases in which the police commissioner intends  to  impose
 [or  has  imposed]  a  penalty or level of discipline that is lower than
 that recommended by the board or such deputy  commissioner,  THE  POLICE
 COMMISSIONER  shall  also include an explanation of how [the final] SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03554-01-1

 S. 3807                             2
 
 disciplinary outcome was determined, including each  factor  the  police
 commissioner  considered  in making his or her [decision] DETERMINATION,
 AND SUCH DISCIPLINARY MATTER SHALL THEN BE  IMMEDIATELY  REFERRED  TO  A
 NEUTRAL   ARBITRATOR  ASSIGNED  FROM  A  PANEL  OF  NEUTRAL  ARBITRATORS
 APPOINTED BY THE MAYOR FOR A HEARING AND  DECISION.    THE  ARBITRATOR'S
 DECISION SHALL BE FINAL BUT DISCIPLINARY ARBITRATORS SHALL CONFINE THEM-
 SELVES  TO  DETERMINATIONS OF GUILT OR INNOCENCE AND THE APPROPRIATENESS
 OF THE PROPOSED PENALTIES, AND MAY NOT EXCEED THE PENALTY RECOMMENDED BY
 THE BOARD.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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