NY State Senate Bill 2021-S5252

Senate Bill S5252

2021-2022 Legislative Session

Provides final discipline authority over civilian complaints to the civilian complaint review board

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to cities 1
Feb 26, 2021	referred to cities 1

co-Sponsors

2021-S5252 (ACTIVE) - Details

See Assembly Version of this Bill:: A6012
Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §§434 & 440, NYC Chart; amd §14-115, NYC Ad Cd
Versions Introduced in 2023-2024 Legislative Session:: S2108, A376

2021-S5252 (ACTIVE) - Summary

Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

2021-S5252 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5252

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the New York city charter and the administrative code of
the city of New York, in relation to providing final discipline authori-
ty over civilian complaints to the civilian complaint review board

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase, transparency and public trust in the police disciplinary
process by removing the Police Commissioner's discretion to modify or
reject a. determination or recommendation made by the civilian complaint
review board. This bill also provides due process and a fair and impar-
tial determination of civilian complaints by a hearing officer who is
independent of the police department, and removes the requirement that a
civilian file a complaint before the civilian complaint review board can
begin to investigate alleged misconduct, despite the board being aware
that alleged misconduct may have been committed against a member of the
public.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 434 (a) of the Charter of the City of New York is amended to
reflect that the Police Commissioner does not have discretion over
disciplinary determinations and adjudications made by the civilian
complaint review board: The title clause of Section 440 .of the Charter
of the City of New York is amended to reflect that the board will have
the power to investigate public complaints and as other allegations of
misconduct against members of the New York City Police Department.

-Subsection (a)expands the jurisdiction of the board to include prose-
cution of civilian complaints and the investigation of allegations of
misconduct other than those filed directly by members of the public.

-Subsection (c)(1) is amended to give the board the power to receive,
investigate, hear, and make findings upon allegations of misconduct upon
information the board receives from sources other than a complaint filed
by a member of the public. This obviates the need for a civilian to file
a formal complaint before the board can begin its investigation into
alleged misconduct. This subsection also provides, in line with the
amendments made to section 434 of the Charter of the City of New York as
part of this legislation, that the Police Commissioner shall not have
discretion to change a finding or recommendation made by the board or by
a hearing officer hired by the board to adjudicate matters handled by
the board. Amendments to this subsection further provide to adjudi-
cations of matters handled by the board must be adjudicated by a hearing
officer employed by the board.  The purpose of this change is to bring
transparency and increase public confidence in the outcomes of matters
handled by the board by having substantiated allegations against a
police officer adjudicated by a hearing officer who is not employed by
the Police Department of the City of New York.

-Subsection (c)(2) is amended to allow the board to promulgate rules and
procedures for the prosecution of matters by the board.

-Subsection (c)(3) is amended to provide the board with subpoena power
for the purpose of conducting prosecutions.
-Subsection (c)(4) is amended to allow mediation of any allegation
handled by the board.

-Subsection (c)(5) is amended to create an administrative prosecution
unit that will handle the prosecution of substantiated allegations
before the board's hearing officer(s).

-Subsection (d) (1) delegates the administrative adjudication of matters
handled by the board to a hearing officer or officers employed by the
board. To ensure that hearings are fair and impartial, the hearing offi-
cer must be a civilian with no law enforcement background.

-Subsection (d)(2) gives the hearing officer or officers the authority,
subject to approval by the chair of the board, to impose discipline on a
member of the police department who either pleads guilty or is found
guilty after an administrative trial Of misconduct.

-Subsection (d)(3) provides that civilian complaint review board hear-
ings should follow the guidelines of other police department administra-
tive procedures.

-Subsection (d)(4) delegates the responsibility for prosecution of
matters before the hearing officer to the civilian complaint review
board's administrative prosecution unit.

-Subsection (e) (1) provides that the police department comply with
board requests to provide records and materials that can be disclosed by
law.

-Subsection (e)(2) adds that the Police Commissioner shall ensure
employees of the police department appear before the board.

-Subsection (e)(3), which discussed the process for the Police Commis-
sioner's deviation from the board's findings and recommendations, is
deleted.

-Subsection (f) is amended to remove language about final authority of
Police Commissioner over discipline of members of the police force.

Section 14-115 of the Administrative Code of the City of New York

-Subsection (a) is amended to reflect that the Police Commissioner will
no longer have discretion over the discipline of officers in matters
handled by the civilian complaint review board.

-Subsection (b) now mandates that the administrative prosecution unit
handle all prosecutions of members of the police force who are subject
to discipline in a matter investigated by the civilian complaint review
board.

-Subsection (c) is amended to specify that the Police Commissioner no
longer has discretion to determine whether to impose monetary fines in
discipline matters determined by the civilian complaint review board.

-Subsection (d) is amended to reflect that in matters handled by the
civilian complaint review board, the Police Commissioner no longer has
the discretion, in matters where a member of service pleads guilty or is

found guilty after an administrative trial, to suspend judgment and
place the member of service on dismissal probation.

The final clause explains that the changes to the Police Commissioner's
authority over discipline in cases handled by the civilian complaint
review board, as specified in this bill, in no way subjects the disci-
pline of members of the police department of the City of New York to
collective bargaining, or removes authority over discipline from gover-
nance by a local body, nor should it be interpreted as such.

 
JUSTIFICATION:

Transparency and. public confidence in the discipline of members of the.
Police Department of the City of New York has long been a topic of
discussion in New York City and in the State Legislature.  Discussion
heightened during the spring and summer of 2020 following the death of
George Floyd while he was in the custody of the Minneapolis Police
Department. Worldwide public protests were sparked as a result of Mr.
Floyd's death, and resulted in legislative action around the issues of
policing and police misconduct.

In New York, the State legislature acted in June 202,0 to repeal Civil
Rights Law § 50-a, which had for decades shielded. the disciplinary
records of members of the New York City Police Department. Debate over
Civil Rights Law § 50-a had occurred for years, but Mr. Floyd's death
and the ensuing protests finally resulted in legislative action to allow
the public access to the disciplinary records of the police officers who
are sworn to protect .and serve their communities.

Public discourse about police discipline in New York City revealed that
the public did not have confidence that members of the New York City.
Police Department who commit misconduct were adequately.  punished The
Police Commissioner's final authority over the outcome of all discipli-
nary matters was of particular concern, as the Police Commissioner could
reject or modify the findings and recommendations of the civilian
complaint review board or the trial commissioners employed by the New
York City Police Department. The release of records by the civilian
complaint review board following the repeal of Civil Rights Law § 50-a
allowed the public for the first time to see the ultimate dispositions
of thousands of civilian complaints, including whether any discipline
was imposed by the Police Commissioner in a case where misconduct was
substantiated by the civilian complaint review board or-resulted in a
guilty plea or verdict in a case handled by the civilian complaint
review board's administrative prosecution.

The Police Commissioner's unfettered discretion to reject or modify
findings and recommendations in those cases removes the independence
that the civilian complaint review board was designed to have from the
police department. This bill would amend Section 434 of the Charter of
the City of New York, to take away the Police Commissioner's discretion
in matters handled by the civilian complaint review board. Other police
disciplinary matters would still remain within the full purview of the
Police Commissioner. By their very nature, matters handled by the civil-
ian complaint review board involve police conduct towards members of the
public. This category of complaints warrants scrutiny and independence
because the discipline of officers who commit misconduct against members
of the public strikes at the heart of public confidence in the police

officers who are sworn to protect and protect the people of the City of
New York.

To further ensure that allegations of misconduct involving civilians are
fairly and independently scrutinized and adjudicated, this bill amends
section 440 of the Charter of the City of New York, to allow the hiring
of a hearing officer(s) who are employed by the civilian complaint
review board, not the police department as is currently the case. These
hearing officer(s) would preside over the administrative prosecution of
all matters where the civilian complaint review board substantiated
allegations of misconduct against a member of the police department and
recommended certain levels of discipline.  Allowing independent hearing
officers, rather than those employed by the police department, to
preside over these prosecutions will ensure that the adjudication of
these matters is for and independent, and that the public has confidence
that the police department is not protecting its officers and either not
disciplining or imposing unwarrantedly low levels of discipline on
police officers who have committed misconduct.

This legislation also codifies the administrative prosecution unit,
which was established in its current form pursuant to a 2012 memorandum
of understanding between the police department and the civilian
complaint review board. This memorandum of understanding permits the
administrative prosecution unit, which is a division of the civilian
complaint review board, to prosecute most cases where the board has
voted to substantiate at least one allegation of misconduct against an
officer and recommended that charges and specifications be preferred,
but allows the Police Commissioner to retain the case in certain situ-
ations. The memorandum of understanding is merely an agreement that can
be terminated at the whim of the Police Commissioner upon 30-days'
notice. By amending the City Charter to provide that the administrative
prosecution unit will have to authority to prosecute every as where
command discipline or charges and specifications was the discipline
recommended by the board, the administrative prosecution unit will no
longer exist at the will of the Police Commissioner, nor can the Police
Commissioner retain a case from prosecution by an independent hearing
officer not employed by the police department.

Finally, this legislation expands the jurisdiction of the civilian
complaint review board to allow it to investigate allegations of police
misconduct against a civilian, even where a member of the public has not
filed a formal complaint. Under the current construction and interpreta-
tion of the Charter provisions governing the civilian complaint review
board, the board cannot commence an investigation unless a member of the
public first, files a complaint, even if the agency has information that
indicates that an officer may have engaged in misconduct. This small
clarification of the board's jurisdiction will help ensure that
suspected misconduct does not go unpunished simply because a civilian
has not contacted the board to file a complaint. Furthermore, with this
investigative authority, the civilian complaint review board can start
investigations more quickly, which will allow for the identification of
more witnesses and victims, and the collection of evidence when it is
most fresh..

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5252 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5252
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 and the administrative code of
   the city of New  York,  in  relation  to  providing  final  discipline
   authority  over  civilian  complaints to the civilian complaint review
   board

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision a of section 434 of the New York city charter
 is amended to read as follows:
   a. The commissioner shall have cognizance and control of  the  govern-
 ment,  administration, disposition and discipline of the department, and
 of the police force of the department, WITH THE EXCEPTION  OF  DISCIPLI-
 NARY  DETERMINATIONS  AND  ADJUDICATIONS  MADE BY THE CIVILIAN COMPLAINT
 REVIEW BOARD, WHICH SHALL NOT BE WITHIN THE  DISCRETION  OF  THE  POLICE
 COMMISSIONER.
   §  2.  Section 440 of the New York city charter, as added by local law
 number 1 of the city of New York for the year 1993, paragraphs 1, 3  and
 4  of  subdivision (b) as amended by section 1, paragraphs 1, 2, 3 and 5
 of subdivision (c) as amended by section 2, paragraphs 1 and 2 of subdi-
 vision (d) as amended by section 3, paragraph 3 of  subdivision  (d)  as
 amended  by section 4 and subdivision (g) as added by section 5 of ques-
 tion 2 of local law number 215 of the city of  New  York  for  the  year
 2019, is amended to read as follows:
   § 440. Public complaints against members of the police department. (a)
 It  is in the interest of the people of the city of New York and the New
 York city police department that the investigation  AND  PROSECUTION  of
 complaints  concerning  misconduct by officers of the department towards
 members of  the  public  be  complete,  thorough  and  impartial.  These
 inquires  must be conducted fairly and independently, and in a manner in
 which the public and the police department have confidence. An independ-

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

                                                            LBD07384-01-1

 S. 5252                             2
 
 ent civilian complaint review board is  hereby  established  as  a  body
 comprised solely of members of the public with the authority to investi-
 gate  AND PROSECUTE allegations of police misconduct as provided in this
 section.
   (b) Civilian complaint review board.
   1.  The civilian complaint review board shall consist of 15 members of
 the public. Members shall be residents of the city of New York and shall
 reflect the diversity of the city's population. The members of the board
 shall be appointed as follows: (i) five members, one from  each  of  the
 five  boroughs,  shall be appointed by the city council; (ii) one member
 shall be appointed by the public  advocate;  (iii)  three  members  with
 experience  as  law enforcement professionals shall be designated by the
 police commissioner and appointed by the mayor; (iv) five members  shall
 be appointed by the mayor; and (v) one member shall be appointed jointly
 by  the  mayor  and  the speaker of the council to serve as chair of the
 board.
   2. No member of the board  shall  hold  any  other  public  office  or
 employment.  No  members,  except those designated by the police commis-
 sioner, shall have experience as law enforcement  professionals,  or  be
 former  employees  of  the  New  York  city  police  department. For the
 purposes of this section, experience as a law  enforcement  professional
 shall  include  experience  as  a police officer, criminal investigator,
 special agent, or a managerial or  supervisory  employee  who  exercised
 substantial  policy discretion on law enforcement matters, in a federal,
 state, or local law enforcement agency,  other  than  experience  as  an
 attorney in a prosecutorial agency.
   3. The members shall be appointed for terms of three years. The public
 advocate shall make the public advocate's first appointment to the board
 on  or  before  May  6, 2020. The board member so appointed shall assume
 office on July 6, 2020. The mayor and the speaker of the  council  shall
 make  their  initial  joint appointment to the board on or before May 6,
 2020. The member so appointed shall serve as the board's chair and shall
 assume office on July 6, 2020.
   4. Members of the board shall serve until their successors  have  been
 appointed  and  qualified. In the event of a vacancy on the board during
 the term of office of a member by reason of removal, death, resignation,
 or otherwise, a successor shall be chosen in  the  same  manner  as  the
 original appointment within 60 days from the date such vacancy occurred.
 A  member appointed to fill a vacancy shall serve for the balance of the
 unexpired term. During any period in which the office of  the  chair  is
 vacant, the mayor shall select a member of the board to serve as interim
 chair until such vacancy has been filled.
   (c) Powers and duties of the board.
   1.  The board shall have the power to receive, investigate, hear, make
 findings and recommend action upon complaints FILED by  members  of  the
 public  OR  INFORMATION  RECEIVED  BY  THE  BOARD against members of the
 police department that allege  misconduct  involving  excessive  use  of
 force,  abuse  of  authority, discourtesy, or use of offensive language,
 including, but not limited to, slurs relating to race, ethnicity,  reli-
 gion,  gender,  sexual orientation and disability.  The board shall also
 have the power to investigate, hear, make findings and recommend  action
 regarding  the truthfulness of any material official statement made by a
 member of the police department  who  is  the  subject  of  a  complaint
 received  by  the board, if such statement was made during the course of
 and in relation to the board's resolution of such complaint.  The  find-
 ings  and recommendations of the board, and the basis therefor, shall be

 S. 5252                             3
 
 submitted to the police commissioner, WHO SHALL HAVE  NO  DISCRETION  IN
 WHETHER TO IMPOSE THE RECOMMENDED DISCIPLINE. WHERE THE BOARD SUBSTANTI-
 ATES  ONE  OR MORE ALLEGATIONS AGAINST A MEMBER OF THE POLICE DEPARTMENT
 AND  RECOMMENDS  A  LEVEL OF DISCIPLINE THAT WOULD SUBJECT THE MEMBER OF
 THE DEPARTMENT  TO  BEING  FINED,  REPRIMANDED,  REMOVED,  SUSPENDED  OR
 DISMISSED  FROM THE FORCE, THE COMPLAINT SHALL BE ADJUDICATED BY A HEAR-
 ING OFFICER PURSUANT TO SUBDIVISION (D) OF THIS SECTION. No  finding  or
 recommendation shall be based solely upon an unsworn complaint or state-
 ment, nor shall prior unsubstantiated, unfounded or withdrawn complaints
 be the basis for any such finding or recommendation.
   2.  The  board  shall promulgate rules of procedure in accordance with
 the city administrative procedure act, including  rules  that  prescribe
 the  manner in which investigations AND PROSECUTIONS are to be conducted
 and recommendations made and the manner by which a member of the  public
 is  to be informed of the status of his or her complaint. Such rules may
 provide for the establishment of panels, which shall consist of not less
 than three members of the board, which shall be empowered  to  supervise
 the investigation of matters within the board's jurisdiction pursuant to
 this  section,  and  to hear, make findings and recommend action on such
 matters. No such panel shall consist exclusively of members appointed by
 the council, or designated by the police commissioner, or  appointed  by
 the mayor.
   3.  The board, by majority vote of its members, may compel the attend-
 ance of witnesses and require the production of such records  and  other
 materials  as  are  necessary  for  the investigation AND PROSECUTION of
 matters within its jurisdiction pursuant to this section. The board  may
 request  the  corporation counsel to institute proceedings in a court of
 appropriate jurisdiction to enforce the subpoena power exercised  pursu-
 ant  to this section, and the board itself may, subject to chapter 17 of
 the charter, institute such proceedings. The board may, subject  to  any
 conditions  it deems appropriate, delegate to and revoke from its execu-
 tive  director  such  subpoena  authority  and  authority  to  institute
 proceedings.
   4.  The  board shall establish a mediation program pursuant to which a
 complainant may voluntarily choose to resolve a complaint  by  means  of
 informal conciliation.
   5.  The board is authorized, within appropriations available therefor,
 to appoint such employees as are necessary to exercise  its  powers  and
 fulfill  its  duties.  The  board shall employ civilian investigators to
 investigate all matters within its jurisdiction. THE BOARD SHALL  CREATE
 AN  ADMINISTRATIVE PROSECUTION UNIT, STAFFED BY ATTORNEYS AND THE NECES-
 SARY SUPPORT STAFF, THAT SHALL HANDLE THE PROSECUTION  OF  SUBSTANTIATED
 CASES BEFORE A HEARING OFFICER.
   6.  The board shall issue to the mayor and the city council a semi-an-
 nual report which  shall  describe  its  activities  and  summarize  its
 actions.
   7.  The  board  shall  have the responsibility of informing the public
 about the board and its duties, and  shall  develop  and  administer  an
 on-going   program  for  the  education  of  the  public  regarding  the
 provisions of this chapter.
   (d) HEARINGS.
   1. THE EXECUTIVE DIRECTOR SHALL APPOINT AT LEAST ONE HEARING  OFFICER,
 WHO  SHALL  BE A CIVILIAN WITH NO LAW ENFORCEMENT BACKGROUND, TO PRESIDE
 OVER AND ADJUDICATE DISCIPLINARY PROCEEDINGS  AND  MAKE  FINAL  DETERMI-
 NATIONS  IN  CASES WHERE THE BOARD HAS SUBSTANTIATED ONE OR MORE ALLEGA-

 S. 5252                             4
 
 TIONS AGAINST A POLICE OFFICER AND  RECOMMENDED  COMMAND  DISCIPLINE  OR
 CHARGES AND SPECIFICATIONS.
   2.  THE  HEARING OFFICER, UPON APPROVAL OF THE BOARD CHAIR, SHALL HAVE
 THE POWER TO PUNISH AN OFFICER, UPON A PLEA OF GUILTY OR  A  FINDING  OF
 GUILTY AFTER AN ADMINISTRATIVE TRIAL, BY REPRIMAND, FORFEITING AND WITH-
 HOLDING PAY FOR A SPECIFIED TIME, SUSPENSION, SUSPENSION WITHOUT PAY, OR
 BY  DISMISSAL  FROM THE FORCE. NO MORE THAN THIRTY DAYS' SALARY SHALL BE
 FORFEITED OR DEDUCTED FOR ANY OFFENSE. MEMBERS OF THE POLICE  DEPARTMENT
 MAY  BE  FINED,  REPRIMANDED,  REMOVED,  SUSPENDED OR DISMISSED FROM THE
 FORCE ONLY ON WRITTEN CHARGES MADE AND  PREFERRED  AGAINST  THEM,  AFTER
 SUCH  CHARGES  HAVE BEEN EXAMINED, HEARD AND INVESTIGATED BY THE HEARING
 OFFICER, BY A PREPONDERANCE OF THE EVIDENCE, UPON SUCH REASONABLE NOTICE
 TO THE MEMBER OF SERVICE CHARGED, AND IN SUCH MANNER OR PROCEDURE, PRAC-
 TICE, EXAMINATION AND INVESTIGATION AS PRESCRIBED, TO THE EXTENT  APPLI-
 CABLE  UNDER  SECTIONS  15-03  AND 15-04 OF THE RULES OF THE CITY OF NEW
 YORK.
   3. THE CONDUCT OF SUCH HEARINGS SHALL FOLLOW, TO THE  EXTENT  APPLICA-
 BLE,  THE  PARAMETERS SPECIFIED IN SECTIONS 15-03 AND 15-04 OF THE RULES
 OF THE CITY OF NEW YORK.
   4. ATTORNEYS FROM THE BOARD'S ADMINISTRATIVE PROSECUTION UNIT SHALL BE
 RESPONSIBLE FOR THE PROSECUTION OF CASES BEFORE THE HEARING OFFICER.
   (E) Cooperation of police department.
   1. It shall be the duty of  the  police  department  to  provide  such
 assistance  as the board may reasonably request, to cooperate fully with
 investigations by the board, and to provide to the  board  upon  request
 records  and  other  materials  which  are  necessary for investigations
 undertaken pursuant to this section, except such  records  or  materials
 that cannot be disclosed by law.
   2. The police commissioner shall ensure that officers and employees of
 the  police  department  appear  before  and respond to inquiries of the
 board and its civilian investigators in connection  with  investigations
 AND PROSECUTIONS undertaken pursuant to this section, provided that such
 inquiries  are  conducted  in  accordance with department procedures for
 interrogation of members.
   [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  recom-
 mendation 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  different penalty or level of discipline than that recommended by the
 board or by the deputy commissioner responsible for making  disciplinary
 recommendations,  the  police  commissioner  shall  provide such written
 report, with notice to the subject officer, no later than 45 days  after
 the  imposition  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 recommenda-
 tion  of  the  deputy  commissioner  responsible for making disciplinary
 recommendations and, 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,  shall
 also  include  an  explanation of how the final disciplinary outcome was
 determined, including each factor the police commissioner considered  in
 making his or her decision.

 S. 5252                             5

   (e)]  (F)  The  provisions  of  this section shall not be construed to
 limit [or impair the authority of the police commissioner to  discipline
 members  of  the department. Nor shall the provisions of this section be
 construed to limit] the rights of members of the department with respect
 to disciplinary action, including but not limited to the right to notice
 and  a  hearing,  which  may  be  established by any provision of law or
 otherwise.
   [(f)] (G) The provisions of this section shall  not  be  construed  to
 prevent  or  hinder  the  investigation or prosecution of members of the
 department for violations of law by any court of competent jurisdiction,
 a grand jury, district attorney, or other authorized officer, agency  or
 body.
   [(g)]  (H)  1.  Beginning in fiscal year 2021 and for each fiscal year
 thereafter,  the  appropriations  available  to  pay  for  the  personal
 services  expenses  of  the  civilian complaint review board during each
 fiscal year shall not be less than an amount sufficient to fund personal
 services costs for the number  of  full-time  personnel  plus  part-time
 personnel,  calculated  based  on  full-time equivalency rates, equal to
 0.65 percent of the number of uniform budgeted headcount of  the  police
 department for that fiscal year, as determined consistent with published
 budgeted headcount documents of the office of management and budget. The
 calculation  to  determine  the  minimum appropriations for the personal
 services expenses of the civilian complaint  review  board  pursuant  to
 this paragraph shall be set forth in the preliminary expense budget, the
 executive expense budget, and the adopted budget.
   2.  Notwithstanding paragraph 1 and in addition to any action that may
 be undertaken pursuant to section 106, the appropriations  available  to
 pay  for the personal services expenses of the civilian complaint review
 board may be less than the minimum appropriations required by  paragraph
 1 provided that, prior to adoption of the budget pursuant to section 254
 or  prior  to  the adoption of a budget modification pursuant to section
 107, the mayor determines that such reduction is fiscally necessary  and
 that such reduction is part of a plan to decrease overall appropriations
 or  is  due  to  unforeseen  financial circumstances, and the mayor sets
 forth the basis for such determinations in writing to  the  council  and
 the  civilian  complaint  review  board  at  the  time  of submission or
 adoption, as applicable, of any budget or budget modification containing
 such reduction.
   § 3. Section 14-115 of the administrative code of the city of New York
 is amended to read as follows:
   § 14-115 Discipline of members. a. The commissioner shall have  power,
 in  his  or her discretion, EXCEPT CIVILIAN COMPLAINTS DETERMINED BY THE
 CIVILIAN COMPLAINT REVIEW BOARD, IN WHICH THE COMMISSIONER SHALL HAVE NO
 DISCRETION, on conviction by the commissioner, or by any court or  offi-
 cer  of competent jurisdiction, of a member of the force of any criminal
 offense, or neglect of duty, violation of rules, or neglect or disobedi-
 ence of orders, or absence without leave, or any  conduct  injurious  to
 the public peace or welfare, or immoral conduct or conduct unbecoming an
 officer,  or  any breach of discipline, to punish the offending party by
 reprimand, forfeiting and withholding pay for a specified time,  suspen-
 sion,  without  pay  during  such  suspension,  or by dismissal from the
 force; but no more than  thirty  days'  salary  shall  be  forfeited  or
 deducted  for  any offense. All such forfeitures shall be paid forthwith
 into the police pension fund.
   b. Members of the force, except as elsewhere provided herein, shall be
 fined, reprimanded, removed, suspended or dismissed from the force  only

 S. 5252                             6
 
 on  written  charges  made or preferred against them, after such charges
 have been examined, heard and investigated by the commissioner or one of
 his or her deputies upon such reasonable notice to the member or members
 charged,  and  in  such  manner  or procedure, practice, examination and
 investigation as such commissioner may, by rules and  regulations,  from
 time  to  time  prescribe.  WHERE  THE MEMBER OF THE FORCE IS SUBJECT TO
 BEING FINED, REPRIMANDED, REMOVED,  SUSPENDED,  OR  DISMISSED  FROM  THE
 FORCE AS A RESULT OF A COMPLAINT SUBSTANTIATED BY THE CIVILIAN COMPLAINT
 REVIEW  BOARD,  THE WRITTEN CHARGES MADE OR PREFERRED AGAINST THE MEMBER
 OF THE FORCE SHALL BE EXAMINED, HEARD, AND  INVESTIGATED  BY  A  HEARING
 OFFICER  OF  THE  CIVILIAN  COMPLAINT  REVIEW BOARD UPON SUCH REASONABLE
 NOTICE TO THE MEMBER CHARGED, AND IN SUCH MANNER,  OR  PROCEDURE,  PRAC-
 TICE,  EXAMINATION AND INVESTIGATION AS PRESCRIBED, TO THE EXTENT APPLI-
 CABLE UNDER SECTIONS 15-03 AND 15-04 OF THE RULES OF  THE  CITY  OF  NEW
 YORK.
   c.  The  commissioner  is  also authorized and empowered in his or her
 discretion,  EXCEPT  CIVILIAN  COMPLAINTS  DETERMINED  BY  THE  CIVILIAN
 COMPLAINT  REVIEW  BOARD,  IN  WHICH  THE  COMMISSIONER  SHALL  HAVE  NO
 DISCRETION, to deduct and withhold salary from any member or members  of
 the  force,  for  or  on account of absence for any cause without leave,
 lost time, sickness or other disability, physical or  mental;  provided,
 however,  that  the salary so deducted and withheld shall not, except in
 case of absence without leave, exceed one-half thereof for the period of
 such absence; and provided, further, that not more than one-half pay for
 three days shall be deducted on account of absence caused by sickness.
   d. Upon having found a member of  the  force  guilty  of  the  charges
 preferred  against  him or her, either upon such member's plea of guilty
 or after trial, the commissioner or the deputy  examining,  hearing  and
 investigating  the  charges,  in  his or her discretion, EXCEPT CIVILIAN
 COMPLAINTS DETERMINED BY THE CIVILIAN COMPLAINT REVIEW BOARD,  IN  WHICH
 THE  COMMISSIONER  SHALL  HAVE  NO  DISCRETION, may suspend judgment and
 place the member of the force so found  guilty  upon  probation,  for  a
 period  not  exceeding one year; and the commissioner may impose punish-
 ment at any time during such period.
   § 4. Nothing in this act shall make the discipline of police  officers
 of  the  police department of the city of New York subject to collective
 bargaining or arbitration or remove police discipline from local  gover-
 nance.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S5252

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Sponsored By

Jamaal T. Bailey