Frequently Asked Questions
How long has the CCRB been
in existence? Are you part of the New York City Police Department?
How many complaints are filed
each year?
What types of complaints do
you investigate? Do you investigate corruption charges?
Of the complaints filed, how
many allege the use of force?
Who conducts the investigations
and what kind of training do they receive?
Who sits on the board?
What is the agency's budget?
What are the possible outcomes
of my allegations?
What does it take to substantiate
a case?
What percentage of complaints
are substantiated?
Does the CCRB discipline
officers?
How many officers has the
police commissioner disciplined as a result of CCRB investigations?
Do complaints remain on an
officer's record?
What if the police officer
retaliates against me?
What is the racial breakdown
of complainants? Of officers?
If I am in custody, do I
have the right to file a complaint?
Can I file a complaint without
the officer's name and badge number? What information do you
need to file a complaint?
How long does it take to
conduct an investigation?
Are there civilian oversight
agencies in other cities?
Q. How long
has the CCRB been in existence? Are you part of the New York City Police
Department?
A. The CCRB was established in 1993 as an agency independent of the police.
Refer to the History of
the CCRB page for further information.
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Q. How many complaints are filed each
year?
A. In 2008, 7,405 complaints were filed with the CCRB -- a slight decrease from the 7,559 complaints received in 2007. Prior to 2007, the complaint rate had been steadily increasing since 2001, when the agency received only 4,251 complaints.
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Q. What types of complaints do you
investigate? Do you investigate corruption charges?
A. The CCRB investigates complaints of excessive or unnecessary use of force,
abuse of authority, discourtesy, and offensive language. The CCRB refers
complaints about corruption or neglect of duty to the New York City Police
Department.
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Q. Of the complaints filed, how many
allege the use of force?
A. In 2008, 57% of the 7,405 complaints filed with the CCRB contained one or more allegations that officers used unnecessary or excessive force. Force allegations constituted 30% of all allegations filed last year, abuse of authority allegations constituted 52%, discourtesy allegations made up 15%, and offensive language 3%.
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Q. Who conducts the investigations and
what kind of training do they receive?
A. Investigations are conducted by civilian investigators. New investigators
take part in an intensive three-week training course that focuses on the CCRB's
jurisdiction and rules, interviewing techniques, methods for acquiring
documentary evidence, structure of the police department, and patrol guide
procedures. They also receive instruction on legal principles governing the use
of force, search and seizure, and discourtesy. During this training, team
managers lead seminars that include investigation simulations that offer
opportunities for new investigators to critique and improve each other's
investigative and interviewing skills. In addition to field training,
investigators are also required to complete a two-day Police Academy training class, participate in the police department's "ride-along" program,
and visit the NYPD's outdoor range, where tactical field actions are explained
and demonstrated. In 2006, eight investigators also took part in a two-week
training course for recent IAB recruits offered by the Internal Affairs
Bureau's Office of Professional Development.
Following their three-week orientation training, investigators are assigned
to work under the direction of managers, who have at least 10 years of
investigative experience gained through work in organizations such as the
Internal Revenue Service Criminal Investigative Division, the United States
Postal Inspection Service, the Immigration and Naturalization Service, the New
York City Transit Police Department, and the CCRB itself. The CCRB currently
has on staff more than 140 investigators.
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Q. Who sits on the board?
A. The board is made up of thirteen members of the public. Five members, one
from each of the five boroughs, are designated by the city council, three
members with law enforcement experience are designated by the police
commissioner, and the remaining five members are selected by the mayor. The
mayor appoints all 13 members and selects the chair. The members must be
residents of New York City and reflect the city's diversity. The board hires
the executive director, holds monthly public meetings, oversees agency
operations through numerous committees, and sets policy. The board reviews all
investigations and makes findings on every allegation raised by every
complaint. For more information about the board, please see our "About the Board Members"
page.
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Q. What is the agency's budget?
A.The CCRB’s adopted fiscal year 2010 budget is $10,271,047.
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Q. What are the possible outcomes of my
allegations?
A. Dispositions are divided into two categories. The three dispositions
"substantiated," "employee exonerated," and
"unfounded" constitute "findings on the merits," because
they reflect the CCRB's decision on the validity of the complaint. The
dispositions "unsubstantiated," "officer unidentified," and
"miscellaneous," by contrast, do not constitute "findings on the
merits" since the allegations remain unresolved. For an explanation of
each finding, please see the "Investigative Process"
page.
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Q. What does it take to substantiate a
case?
A. The CCRB uses the preponderance of evidence as the standard of proof to
determine the outcome of an allegation. This means that the weight of credible
evidence must demonstrate that the officer engaged in misconduct. Such evidence
may include witness statements and/or medical records if injuries were
sustained as a result of the incident.
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Q. What percentage of complaints are
substantiated?
A. From 2004 through the end of 2008, the CCRB substantiated at least one allegation in 10% of its fully investigated complaints.
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Q. Does the CCRB discipline officers?
A. No. When the CCRB substantiates a complaint, it recommends disciplinary
action to the police commissioner, who has the ultimate authority on whether or
not to impose discipline. The disciplinary action can include verbal warnings,
loss of vacation days, suspension and/or termination depending on the severity
of the allegation.
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Q. How many officers has the police
commissioner disciplined as a result of CCRB investigations?
A. From 2002 onward, the department had imposed some discipline in more than 70% of the substantiated cases forwarded by the CCRB; however, this rate has dropped to 61% and 58% for 2007 and 2008, respectively.
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Q. Do complaints remain on an officer's
record?
A. Yes. All complaints, regardless of disposition, remain on an officer's CCRB
history and are reported to the police department.
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Q. What if the police officer retaliates
against me?
A. You should let the CCRB know immediately if an officer retaliates against
you or threatens you after filing a CCRB complaint. Such conduct violates
department regulations, and could subject an officer to disciplinary or
criminal charges. However, anecdotal evidence suggests that "retaliation"
rarely occurs.
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Q. What is the racial breakdown of
victims? Of officers?
A. In 2008, the race of victims whose allegations the CCRB substantiated were as follows: 15% white, 56% black, 24% Latino, 2% Asian, and 3% "other." In comparison, the New York City population is 35% white, 25% black, 27% Latino, 10% Asian, and 4% "other." At the same time, 51% of police officers who had complaints substantiated against them were white, 16% black, 28% Latino, and 5% Asian. This is consistent with the overall demographics of the NYPD in 2008, which was 54% white, 16% black, 26% Latino, and 4% Asian.
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Q. If I am in custody, do I have the
right to file a complaint?
A. Yes, civilians always have the right to file a complaint, whether or not
they are presently incarcerated.
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Q. Can I file a complaint without the
officer's name and badge number? What information do you need to file a
complaint?
A. You can file a complaint with as little or as much information as you may
have about an incident. More information is always helpful. The CCRB will ask
for the date, time, location and a detailed description of the incident and of
the officers involved. Other useful information includes: license plate
numbers, an arrest number, a court docket number, and names and telephone numbers
of witnesses. You do not need to know the name or badge number of the subject
officer(s). The CCRB often receives complaints against unidentified officers
and is usually able to identify them using police documents and other evidence.
Keep in mind that in such cases, we will frequently have to reinterview you so
that you can view officer photographs in order to assist with the
identification process. But you do not need this information to file a
complaint. Identifying the subject officer(s) is the investigator's job.
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Q. How long does it take to conduct an
investigation?
A. The average time it takes to complete a full investigation is nine and
one-half months. But this time varies according to the number of alleged
victims, witnesses, and officers in your case. Throughout the investigation,
your investigator will apprise you of the status of the case. Upon completion,
the CCRB will notify you of its findings.
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Q. Are there civilian oversight agencies
in other cities?
A. Yes, there are approximately 90 civilian oversight agencies around the country. These agencies take different forms and frequently have different jurisdictions and powers. The CCRB is the largest civilian oversight agency in the United States.
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