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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
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.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.