Section 450.
§ 450. Independent police investigation and audit board; membership.
a. There shall be an independent police investigation and audit board,
which shall consist of five members of the public, appointed by the
mayor, who shall be residents of the city of New York. The members of
the board shall be appointed as follows: (i) two members shall be
appointed by the mayor; (ii) two members shall be designated by the city
council; and (iii) the chair shall be appointed by the mayor after
consultation with the speaker of the council. No member of the board
shall hold any other public office or employment.
b. The members of the board shall be appointed for terms of three
years, except that of the members first appointed, two shall be
appointed for terms of one year, of whom one shall have been designated
by the council and one shall have been appointed by the mayor, two shall
be appointed for terms of two years, of whom one shall have been
designated by the council and one shall have been appointed by the
mayor, and the chair shall be appointed for a term of three years.
c. 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.
Section 451.
§ 451. Powers and duties of the board. a. The board shall have the
power to:
1. perform assessments and audits of the police department's internal
systems for detecting, investigating and preventing corruption among
uniformed and civilian members of the police department, and make
recommendations for the improvement of those systems;
2. make recommendations to the police department in relation to the
formulation and implementation of policies and programs to detect and
eliminate corruption;
3. undertake independent investigations of possible corruption within
the police department; and
4. undertake investigations of possible corruption within the police
department at the request of the mayor or the police commissioner.
b. If during the course of any assessment, audit or investigation
undertaken pursuant to subdivision a of this section, the board forms a
reasonable belief that criminal activity or other wrongdoing has
occurred or is occurring, the board shall, as soon as practicable,
report the facts that support such belief to the police commissioner and
the appropriate prosecuting attorney.
Section 452.
§ 452. Subpoenas. 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
any matter within its jurisdiction pursuant to this chapter. The board
may designate those of its employees it deems necessary to administer
oaths and to examine persons in connection with any such matter.
Section 453.
§ 453. Board staff. The board is authorized, within appropriations
available therefor, to appoint such employees as are necessary to
exercise its powers and fulfill its duties.
Section 454.
§ 454. Annual report. The board shall issue to the mayor and the city
council an annual report which shall describe its activities and
summarize its actions.
Section 455.
§ 455. Cooperation of the police department. a. 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 any matter within its
jurisdiction pursuant to this chapter, except such records or materials
that cannot be disclosed by law.
b. The police commissioner shall ensure that officers and employees of
the police department appear before and respond to inquiries of the
board in connection with the investigation of any matter within the
board's jurisdiction pursuant to this chapter, provided that such
inquiries are conducted in accordance with department procedures for
interrogation of members.
Section 456.
§ 456. Authority of the police commissioner to investigate corruption
to remain unimpaired; law enforcement agencies. The provisions of this
chapter shall not be construed to limit or impair the authority of the
police commissioner to investigate corruption within the department, or
to discipline members of the department. Nor shall the provisions of
this chapter be construed to prevent or hinder the investigation or
prosecution of members of the department for violations of law or rules
and regulations of the department by any court of competent
jurisdiction, a grand jury, district attorney, or other authorized
officer, agency or body.
Section 457.
§ 457. Protocols. a. Police Department. Within ninety days after the
appointment of the last member of the board pursuant to section four
hundred and fifty, the board and the police commissioner shall establish
a protocol pursuant to which information shall be exchanged and
cooperation between the board and the department facilitated in
accordance with the provisions of this chapter. Such protocol shall also
provide for means of avoiding and resolving potential disputes arising
out of investigations independently undertaken by both the board and the
department.
b. District Attorneys. Within ninety days after the appointment of the
last member of the board pursuant to section four hundred and fifty, the
board shall enter into a protocol with each of the city's district
attorneys pursuant to which information shall be exchanged, cooperation
between the board and the district attorneys facilitated, and potential
disputes arising out of investigations independently undertaken by the
board and a district attorney's office shall be avoided and resolved.
Any investigation undertaken by the board pursuant to paragraphs three
or four of subdivision a of section four hundred and fifty-one shall be
conducted in accordance with the provisions of the applicable protocol,
if any, entered into pursuant to this subdivision. Provided, however,
that the lack of a protocol pursuant to this subdivision shall not
prohibit the board from undertaking any investigation authorized by this
chapter.
c. Civilian Complaint Review Board. Within ninety days after the
appointment of the last member of the board pursuant to section four
hundred and fifty, the board and the civilian complaint review board
established pursuant to chapter eighteen-a of this charter shall
establish a protocol pursuant to which (i) the board, if in the course
of any assessment, audit or investigation undertaken pursuant to
subdivision a of section four hundred and fifty-one, forms a reasonable
belief that any act of misconduct, as defined in paragraph one of
subdivision c of section four hundred and forty of this charter, has
occurred or is occurring, shall as soon as practicable, report the facts
that support such belief to the civilian complaint review board; (ii)
the civilian complaint review board, if in the course of an
investigation authorized pursuant to chapter eighteen-a of the charter,
forms a reasonable belief that any act of corruption has occurred or is
occurring, shall as soon as practicable, report the facts that support
such belief to the board; and (iii) information shall be exchanged and
cooperation between the boards facilitated.
Section 458.
§ 458. Severability. If any provision of this chapter, or the local
law creating this chapter, or of any amendments thereto, shall be held
invalid or ineffective in whole or in part or inapplicable to any person
or situation, such holding shall not affect, impair or invalidate the
remainder of this chapter or local law, and all other provisions thereof
shall nevertheless be separately and fully effective and the application
of any such provision to other persons or situations shall not be
affected.
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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