A. 376 2
inquires must be conducted fairly and independently, and in a manner in
which the public and the police department have confidence. An independ-
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 or complaints initiated by
the board against members of the police department that allege miscon-
duct involving excessive use of force, abuse of authority including
bias-based policing and racial profiling, discourtesy, or use of offen-
sive language, including, but not limited to, slurs relating to race,
ethnicity, religion, 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
A. 376 3
of a complaint received or initiated by the board, if such statement was
made during the course of and in relation to the board's resolution of
such complaint. The findings and recommendations of the board, and the
basis therefor, shall be submitted to the police commissioner, WHO SHALL
HAVE NO DISCRETION IN WHETHER TO IMPOSE THE RECOMMENDED DISCIPLINE.
WHERE THE BOARD SUBSTANTIATES 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, REPRIMAND-
ED, REMOVED, SUSPENDED OR DISMISSED FROM THE FORCE, THE COMPLAINT
SHALL BE ADJUDICATED BY A HEARING OFFICER PURSUANT TO SUBDIVISION (D) OF
THIS SECTION. No finding or recommendation shall be based solely upon
an unsworn complaint or statement, 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, when a member of the
public is the complainant, such 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 investi-
gation 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 chapter. 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 chapter, 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,
including but not limited to the power to initiate complaints in accord-
ance with paragraph 1 of this subdivision, and fulfill its duties. The
board shall employ civilian investigators to investigate all matters
within its jurisdiction. THE BOARD SHALL CREATE AN ADMINISTRATIVE PROSE-
CUTION UNIT, STAFFED BY ATTORNEYS AND THE NECESSARY 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. Such report shall include, for each investigation initiated
pursuant to section 441, such investigation's date of initiation,
current status and any date of completion or termination, a description
of any investigative findings and recommendations set forth in a written
A. 376 4
statement of final determination and a description of any written
reports from the police commissioner in response to a written statement
of final determination.
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-
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 chapter, 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 chapter, 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
A. 376 5
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.
(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
A. 376 6
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
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.