Section 440.
§ 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 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 independent civilian
complaint review board is hereby established as a body comprised solely
of members of the public with the authority to investigate allegations
of police misconduct as provided in this section.
(b) Civilian complaint review board.
1. The civilian complaint review board shall consist of thirteen
members of the public appointed by the mayor, who 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 designated by
the city council; (ii) three members with experience as law enforcement
professionals shall be designated by the police commissioner; and (iii)
the remaining five members shall be selected by the mayor. The mayor
shall select one of the members to be chair.
2. No member of the board shall hold any other public office or
employment. No members, except those designated by the police
commissioner, 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, except
that of the members first appointed, four shall be appointed for terms
of one year, of whom one shall have been designated by the council and
two shall have been designated by the police commissioner, four shall be
appointed for terms of two years, of whom two shall have been designated
by the council, and five shall be appointed for terms of three years, of
whom two shall have been designated by the council and one shall have
been designated by the police commissioner.
4. 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. A member appointed to fill a vacancy shall serve for the
balance of the unexpired term.
(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 by members of the public
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, religion, gender, sexual orientation and disability.
The findings and recommendations of the board, and the basis therefor,
shall be submitted to the police commissioner. 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 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 complaints, and to hear, make findings and
recommend action on such complaints. No such panel shall consist
exclusively of members designated by the council, or designated by the
police commissioner, or selected by the mayor.
3. The board, by majority vote of its members, may compel the
attendance of witnesses and require the production of such records and
other materials as are necessary for the investigation of complaints
submitted pursuant to this section.
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 complaints.
6. The board shall issue to the mayor and the city council a
semi-annual 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) 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 the investigation of
complaints submitted 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 the
investigation of complaints submitted 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 on any action
taken in cases in which the board submitted a finding or recommendation
to the police commissioner with respect to a complaint.
(e) 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) 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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