NY State Senate Bill 2023-S4336

Senate Bill S4336

2023-2024 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

Current Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2024	reported and committed to finance
Jan 03, 2024	referred to cities 1
Jun 28, 2023	print number 4336a
Jun 28, 2023	amend and recommit to finance
Apr 18, 2023	reported and committed to finance
Feb 07, 2023	referred to cities 1

Votes

- Feb 27, 2024 - Cities 1 Committee Vote
  S4336
  
  4
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: Feb 27, 2024
      
      aye (4)
      
      Cleare
      
      Comrie
      
      Jackson
      
      Sepúlveda
      
      nay (2)
      
      Lanza
      
      Rhoads
      
      aye wr (1)
      
      Persaud
  Apr 18, 2023 - Cities 1 Committee Vote
  S4336
  
  4
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: Apr 18, 2023
      
      aye (4)
      
      Cleare
      
      Comrie
      
      Jackson
      
      Sepúlveda
      
      nay (2)
      
      Lanza
      
      Rhoads
      
      aye wr (1)
      
      Persaud

Bill Amendments

Original

A (Active)

2023-S4336 - Details

Current Committee:: Senate Finance
Law Section:: New York City Charter
Laws Affected:: Amd §440, NYC Chart
Versions Introduced in 2021-2022 Legislative Session:: S3807

2023-S4336 - Summary

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

2023-S4336 - Sponsor Memo

                                 
BILL NUMBER: S4336

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:

S. 3807 of 2021-22: New bill, Referred to Cities 1

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

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

2023-S4336 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4336
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 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.
                                                            LBD08793-01-3

 S. 4336                             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.

2023-S4336A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: New York City Charter
Laws Affected:: Amd §440, NYC Chart
Versions Introduced in 2021-2022 Legislative Session:: S3807

2023-S4336A (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.

2023-S4336A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4336A

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 of
five appointed by the public advocate. 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:

S. 3807 of 2021-22: New bill, Referred to Cities 1

 
FISCAL IMPLICATIONS:  None.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

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

2023-S4336A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4336--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee on Cities 1 -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08793-02-3

 S. 4336--A                          2
 
 [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
 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  FIVE  NEUTRAL  ARBITRATORS
 APPOINTED  BY  THE  PUBLIC  ADVOCATE  FOR  A HEARING AND DECISION.   THE
 ARBITRATOR'S DECISION SHALL BE FINAL BUT DISCIPLINARY ARBITRATORS  SHALL
 CONFINE  THEMSELVES  TO  DETERMINATIONS  OF  GUILT  OR INNOCENCE AND THE
 APPROPRIATENESS OF THE PROPOSED PENALTIES, AND MAY NOT EXCEED THE PENAL-
 TY 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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