Chapter 34 - DEPARTMENT OF INVESTIGATION

Section 801.

Section 801.

  §  801.  Department;  commissioner.  There  shall  be  a department of
investigation  the  head  of  which  shall  be   the   commissioner   of
investigation.  The  commissioner  shall  be  a member of the bar of the
state of New York in good standing and shall  have  had  at  least  five
years   of   law  enforcement  experience.  The  mayor  may  remove  the
commissioner upon filing in the office of the commissioner  of  citywide
administrative   services   and   serving   upon   the  commissioner  of
investigation  the  reasons  therefor  and  allowing  such  officer   an
opportunity of making a public explanation.

Section 802.

Section 802.

  §  802.   Deputies.  The commissioner may appoint two deputies, either
of whom may, subject to the direction of the  commissioner,  conduct  or
preside at any investigations authorized by this chapter.

Section 803.

Section 803.

  §  803.  Powers  and  duties.  a.  The  commissioner  shall  make  any
investigation directed by the mayor or the council.
  b. The commissioner is authorized and empowered to make any  study  or
investigation  which  in his opinion may be in the best interests of the
city, including but  not  limited  to  investigations  of  the  affairs,
functions, accounts, methods, personnel or efficiency of any agency.
  c.  1.  The  commissioner  shall,  on  an  ongoing basis, investigate,
review,  study,  audit  and  make  recommendations   relating   to   the
operations,   policies,   programs   and  practices,  including  ongoing
partnerships with other law enforcement agencies, of the New  York  city
police  department  with  the goal of enhancing the effectiveness of the
department, increasing public safety,  protecting  civil  liberties  and
civil  rights,  and  increasing  the  public's  confidence in the police
force, thus building stronger police-community relations.
  2. Not later than ninety days after the effective date  of  the  local
law  that  added  this subdivision, the commissioner shall report to the
council regarding the identity  and  qualifications  of  the  individual
responsible for overseeing the implementation of the duties described in
paragraph  1  of  this  subdivision, the number of personnel assigned to
assist that individual, and the  details  of  the  management  structure
covering them. Upon removal or replacement of the individual responsible
for overseeing the implementation of the duties described in paragraph 1
of  this  subdivision,  notification of that removal or replacement, and
the identity and qualifications of the new  individual  responsible  for
overseeing  the implementation of the duties described in paragraph 1 of
this subdivision, shall be provided to the council.
  3. The Mayor, in consultation with the department  and  the  New  York
city  police  department,  shall  have  the  discretion to determine how
sensitive information provided to the department in connection with  any
investigation,  review,  study,  or  audit  undertaken  pursuant to this
section shall be treated. The Mayor shall provide the Council  with  any
guidelines,  procedures,  protocols  or  similar measures related to the
treatment of sensitive  information  that  he  or  she  puts  in  place.
Sensitive  information  shall  mean  information  concerning (a) ongoing
civil  or  criminal  investigations  or  proceedings;   (b)   undercover
operations;   (c)   the  identity  of  confidential  sources,  including
protected witnesses; (d) intelligence or counterintelligence matters; or
(e) other matters the disclosure of which  would  constitute  a  serious
threat  to  national security or to the safety of the people of the city
of New York.
  4. The executive director of the civilian complaint review  board  and
the  chief  of  the  New  York city police department's internal affairs
bureau shall report to the commissioner any  problems  and  deficiencies
relating  to the New York city police department's operations, policies,
programs and practices that he  or  she  has  reason  to  believe  would
adversely affect the effectiveness of the department, public safety, the
exercise of civil liberties and civil rights, or the public's confidence
in  the  police  force,  and that would be relevant to the duties of the
commissioner as described in paragraph 1 of this subdivision.
  5. No officer or employee of an agency of  the  city  shall  take  any
adverse  personnel action with respect to another officer or employee in
retaliation for his or her making a complaint to, disclosing information
to,  or  responding  to  queries  from  the  commissioner  pursuant   to
activities  undertaken  under paragraph 1 of this subdivision unless the
complaint was made or the information was disclosed with  the  knowledge
that  it  was  false or with willful disregard for its truth or falsity.
Any officer or employee who believes  he  or  she  has  been  retaliated
against for making such complaint to, disclosing such information to, or

responding  to such queries from the commissioner may report such action
to the commissioner as provided for in subdivision c of  section  12-113
of the administrative code.
  6.  The  department's  website shall provide a link for individuals to
report any problems and deficiencies  relating  to  the  New  York  city
police   department's  operations,  policies,  programs  and  practices.
Individuals making  such  reports  shall  not  be  required  to  provide
personally identifying information.
  d.  1.  For  any  investigation made pursuant to subdivision a or b of
this section,  the  commissioner  shall  prepare  a  written  report  or
statement  of  findings  and  shall  forward  a  copy  of such report or
statement to the requesting party, if any. In the event that any  matter
investigated,  reviewed,  studied,  or  audited pursuant to this section
involves  or  may  involve  allegations   of   criminal   conduct,   the
commissioner,  upon  completion  of the investigation, review, study, or
audit, shall also forward a  copy  of  his  or  her  written  report  or
statement  of  findings  to the appropriate prosecuting attorney, or, in
the  event  the  matter  investigated,  reviewed,  studied,  or  audited
involves  or may involve a conflict of interest or unethical conduct, to
the conflicts of interest board.
  2. For any investigation, review, study, or  audit  made  pursuant  to
paragraph  one  of subdivision c of this section, the commissioner shall
prepare a written report or statement of findings and  shall  forward  a
copy  of  such  report  or  statement to the mayor, the council, and the
police commissioner upon completion. Within  ninety  days  of  receiving
such  report  or  statement,  the  police  commissioner  shall provide a
written response to the commissioner, the mayor, and the  council.  Each
such  written report or statement, along with a summary of its findings,
as well as the reports described in paragraph  3  of  this  subdivision,
shall  be  posted  on  the  department's  website  in  a  format that is
searchable and downloadable and that facilitates printing no later  than
ten days after it is delivered to the mayor, the council, and the police
department. All such reports, statements, and summaries so posted on the
department's  website shall be made easily accessible from a direct link
on the homepage of the website of the department.
  3. In addition to  the  reports  and  statements  of  findings  to  be
delivered  to  the  mayor,  the  council,  and  the  police commissioner
pursuant to paragraph 2 of this subdivision, there shall  be  an  annual
summary  report  on the activities undertaken pursuant to paragraph 1 of
subdivision c of this section containing the following information:  (a)
a  description  of  all  significant  findings  from the investigations,
reviews, studies, and audits conducted in  the  preceding  year;  (b)  a
description  of  the  recommendations  for corrective action made in the
preceding year; (c) an identification of each  recommendation  described
in  previous  annual  reports  on  which  corrective action has not been
implemented or completed; and (d) the  number  of  open  investigations,
reviews,  studies, or audits that have been open, as of the close of the
preceding calendar year, for a time period of 1) six months  up  to  and
including one year, 2) more than one year up to and including two years,
3) more than two years up to and including three years, and 4) more than
three  years. The annual summary report required by this paragraph shall
be completed and delivered to the mayor, the  council,  and  the  police
commissioner on April 1, 2015 and every April 1 thereafter.
  e.  The  jurisdiction  of the commissioner shall extend to any agency,
officer, or employee of the city, or any person or entity doing business
with the city, or any person or entity who is  paid  or  receives  money
from or through the city or any agency of the city.

  f.  The  commissioner  shall forward to the council and to the mayor a
copy of all reports and standards prepared by the corruption  prevention
and management review bureau, upon issuance by the commissioner.

Section 804.

Section 804.

  §  804.  Complaint  bureau.  There  shall be a complaint bureau in the
department which shall receive complaints from  the  public,  including,
but  not  limited  to,  complaints  about  any problems and deficiencies
relating to the New York city police department's operations,  policies,
programs and practices.

Section 805.

Section 805.

  §  805.    Conduct  of  investigations.    a.    For  the  purpose  of
ascertaining  facts  in  connection  with  any  study  or  investigation
authorized  by this chapter, the commissioner and each deputy shall have
full power to compel the attendance of witnesses,  to  administer  oaths
and to examine such persons as he may deem necessary.
  b.    The commissioner or any agent or employee of the department duly
designated in writing by him for such purposes may administer  oaths  or
affirmations,  examine  witnesses  in public or private hearing, receive
evidence and preside at or conduct any such study or investigation.

Section 807.

Section 807.

  §  807.  Inspectors general of agencies.  No person shall be appointed
as an inspector general of a city  agency  unless  such  appointment  is
approved  by  the  commissioner  of investigation.   The commissioner of
investigation shall promulgate standards of conduct  and  shall  monitor
and  evaluate  the  activities  of inspectors general in the agencies to
assure uniformity of activity by them.