§ 75. Law enforcement misconduct investigative office. 1.
Jurisdiction. This section shall, subject to the limitations contained
in this section, confer upon the law enforcement misconduct
investigative office jurisdiction over all covered agencies. For the
purposes of this section "covered agency" means an agency of any
political subdivision within the state maintaining a police force or
police forces of individuals defined as police officers in section 1.20
of the criminal procedure law, provided however, covered agency does not
include any agency, public authority, or other entity under the
jurisdiction of the state inspector general pursuant to article four-A
of the executive law, the metropolitan transportation authority
inspector general pursuant to section one thousand two hundred
seventy-nine of the public authorities law, or the port authority
inspector general pursuant to chapter one hundred fifty-four of the laws
of nineteen twenty-one.

2. Establishment and organization. (a) There is hereby established the
law enforcement misconduct investigative office in the department of
law. The head of the office shall be a deputy attorney general who shall
be appointed by the attorney general.

(b) Such deputy attorney general may appoint one or more assistants to
serve at his or her pleasure.

(c) The salary for the head of such office shall be established within
the limit of funds available therefore; provided, however, such salary
shall be no less than the salaries of certain state officers holding the
positions indicated in paragraph (a) of subdivision one of section one
hundred sixty-nine of this chapter.

(d) The mission of the law enforcement misconduct investigative office
shall be to review, study, audit and make recommendations relating to
the operations, policies, programs and practices, including ongoing
partnerships with other law enforcement agencies, of state and local law
enforcement agencies with the goal of enhancing the effectiveness of law
enforcement, increasing public safety, protecting civil liberties and
civil rights, ensuring compliance with constitutional protections and
local, state and federal laws, and increasing the public's confidence in
law enforcement.

3. Functions and duties. The deputy attorney general shall have the
following duties and responsibilities:

(a) receive and investigate complaints from any source, or upon his or
her own initiative, concerning allegations of corruption, fraud, use of
excessive force, criminal activity, conflicts of interest or abuse in
any covered agency;

(b) inform the heads of covered agencies of such allegations and the
progress of investigations related thereto, unless special circumstances
require confidentiality;

(b-1) promptly inform the division of criminal justice services, in
the form and manner prescribed by the division, of such allegations and
the progress of investigations related thereto unless special
circumstances require confidentiality. Nothing in this paragraph shall
require the division of criminal justice services to participate in the
investigation of such allegations or take action or prevent the division
of criminal justice services from taking action authorized pursuant to
subdivision three of section eight hundred forty-five of this chapter in
the time and manner determined by the commissioner of the division of
criminal justice services;

(c) determine with respect to such allegations whether disciplinary
action, civil or criminal prosecution, or further investigation by an
appropriate federal, state or local agency is warranted, and to assist
in such investigations, if requested by such federal, state, or local
agency;

(d) prepare and release to the public written reports of
investigations, as appropriate and to the extent permitted by law,
subject to redaction to protect the confidentiality of witnesses and
other information that would be exempt from disclosure under article six
of the public officers law. The release of all or portions of such
reports may be temporarily deferred to protect the confidentiality of
ongoing investigations;

(e) review and examine periodically the policies and procedures of
covered agencies with regard to the prevention and detection of
corruption, fraud, use of excessive force, criminal activity, conflicts
of interest and abuse;

(f) recommend remedial action to prevent or eliminate corruption,
fraud, use of excessive force, criminal activity, conflicts of interest
and abuse in covered agencies; and

(g) investigate patterns, practices, systemic issues, or trends
identified by analyzing actions, claims, complaints, and investigations,
including, but not limited to, any patterns or trends regarding
departments, precincts, and commands; and

(h) on an annual basis, submit to the governor, the attorney general,
the temporary president of the senate, the speaker of the assembly, the
minority leader of the senate and the minority leader of the assembly,
no later than December thirty-first, a report summarizing the activities
of the office and recommending specific changes to state law to further
the mission of the law enforcement misconduct investigative office.

4. Powers. The deputy attorney general shall have the power to:

(a) subpoena and enforce the attendance of witnesses;

(b) administer oaths or affirmations and examine witnesses under oath;

(c) require the production of any books and papers deemed relevant or
material to any investigation, examination or review;

(d) notwithstanding any law to the contrary, examine and copy or
remove documents or records of any kind prepared, maintained or held by
any covered agency;

(e) require any officer or employee in a covered agency to answer
questions concerning any matter related to the performance of his or her
official duties. No statement or other evidence derived therefrom may be
used against such officer or employee in any subsequent criminal
prosecution other than for perjury or contempt arising from such
testimony. The refusal of any officer or employee to answer questions
shall be cause for removal from office or employment or other
appropriate penalty;

(f) monitor the implementation by covered agencies of any
recommendations made by the law enforcement misconduct investigative
office; and

(g) perform any other functions that are necessary or appropriate to
fulfill the duties and responsibilities of office.

5. Responsibilities of covered agencies, officers and employees. (a)
Every officer or employee in a covered agency shall report promptly to
the law enforcement misconduct investigative office any information
concerning corruption, fraud, use of excessive force, criminal activity,
conflicts of interest or abuse by another officer or employee relating
to his or her office or employment, or by a person having business
dealings with a covered agency relating to those dealings. The knowing
failure of any officer or employee to so report shall be cause for
removal from office or employment or other appropriate penalty. Any
officer or employee who acts pursuant to this subdivision by reporting
to the law enforcement misconduct investigative office shall not be
subject to dismissal, discipline or other adverse personnel action.

(b) Upon receiving at least five complaints from five or more
individuals relating to at least five separate incidents involving a
certain officer or employee within two years, the head of any covered
agency shall refer such complaints to the law enforcement misconduct
investigative office for review. The law enforcement misconduct
investigative office shall investigate such complaints to determine
whether the subject officer or employee has engaged in a pattern or
practice of misconduct, use of excessive force, or acts of dishonesty.
The referral and investigation pursuant to this subdivision shall be in
addition to and shall not supersede any civil, criminal, administrative
or other action or proceeding relating to such complaints or the subject
officer or employee.

(c) The head of any covered agency shall advise the governor, the
temporary president of the senate, the speaker of the assembly, the
minority leader of the senate, the minority leader of the assembly and
the division of criminal justice services within ninety days of the
issuance of a report by the law enforcement misconduct investigative
office as to the remedial action that the agency has taken in response
to any recommendation for such action contained in such report.

(d) Nothing in this section shall be construed to impede, infringe, or
diminish the rights, privileges, benefits or remedies that accrue to any
employee pursuant to any agreement entered into pursuant to article
fourteen of the civil service law.