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New Developments
Board Chairman Daniel D. Chu announces the resignation of agency Executive Director Joan M. Thompson.
May 8, 2013:
Ms. Thompson is retiring after more than 30 years of government service. Her replacement will be announced shortly.
Read the news release.
Executive Director gives agency status report to the board at its monthly public meeting.
May 8, 2013:
Year-to-date the agency has substantiated 97 cases.
Read the ED's summary report.
Read the full monthly statistical report.
The Board votes to approve a change in the designation of certain truncated cases.
May 8, 2013:
Read the staff memo to the Board re: designation of "complaint withdrawn" cases as a separate reporting category.
Executive Director gives agency status report to the board at its monthly public meeting.
April 10, 2013:
The CCRB received 601 complaints in March, a 20% increase compared to March 2012.
Read the ED's summary.
Read the full monthly statistical report.
2012 Semi-Annual Status Report is Released.
April 5, 2013:
The Board substantiated 74 cases involving 141 allegations of misconduct.
One hundred seven allegations were abuse of authority, 20 were discourtesy,
12 were excessive force and two were offensive language.
Read the full report.
Read the news release.
Executive Director gives agency status report to the board at its monthly public meeting.
March 13, 2013:
For the month of February, complaint activity declined 34% compared to last year, substantiation rate was 19%.
Read the ED's summary.
Read the full monthly statistical report.
Testimony on Fiscal 2014 Preliminary Budget, NYC Council Public Safety Committee Hearing.
March 12, 2013:
Board Chair Daniel Chu discusses Hurricane Sandy's impact on agency operations
and the launch of the new Administrative Prosecution Unit.
Read the full testimony.
CCRB Rules Changes are published in the City Record.
March 12, 2013:
Changes to the rules mean that the CCRB's Administrative Prosecution Unit (APU) will become operational on April 11, 2013.
Read the rules changes.
Preliminary 2012 year-end complaint numbers are released at CCRB's monthly public board meeting.
January 9, 2013:
The Executive Director reported that loss of the agency's 800 telephone # due to Hurricane Sandy
caused a large drop in complaints filed in November and December.
Read the ED's summary.
Read the full monthly statistical report.
Important Notice of Changed Public Hearing Location.
November 28, 2012:
The joint CCRB and NYPD public hearing will NOT be held at 40 Rector St.
That building was damaged during the hurricane and is currently under repair.
The new hearing location is Brooklyn Borough Hall, 1st Floor Community Room,
209 Joralemon Street, Brooklyn, NY. Time: 11:00 am to 1:00 PM.
Notice of Public Hearing on Proposed Rules Changes.
October 26, 2012:
The CCRB issued a notice of a public hearing on proposed changes to agency rules relating
to the administrative prosecution of cases. The hearing is on November 28, 2012,
from 11 AM to 1 PM at the CCRB's office, 2nd floor, 40 Rector Street in Manhattan.
Read all the proposed rules changes.
At its monthly public meeting, the board discusses an agency analysis and report on case truncations.
September 12, 2012:
Read the 28-page report.
2011 Annual Status Report is released.
August 6, 2012:
Disciplinary action rate on substantiated complaints reaches an historical high in 2011.
Read the full report.
Read the news release.
Testimony on Fiscal 2013 Budget, NYC Council Public Safety and Finance Committees Hearing
May 17, 2012:
Board member Bishop Mitchell Taylor testifies on behalf of the board. Asks for full funding of APU and describes effects of high staff vacancies stemming from hiring restrictions.
Read the full testimony.
Wide Expansion of CCRB's Prosecutorial Authority Under Agreement with NYPD
March 28, 2012:
Read the CCRB's announcement.
Read the Cityhall news release.
Testimony on Fiscal 2013 Preliminary Budget, NYC Council Public Safety Committee Hearing
March 15, 2012:
CCRB Chair Daniel D. Chu, Esq. testifies concerning CCRB's budget needs.
Read the full testimony.
At its monthly public board meeting, CCRB's releases 2011 year-end analysis on the growth of its mediation program.
March 14, 2012:
Among other findings, the program achieved a 33% increase over 2010 in its case resolution rate.
Read the 2-page report.
Board Chair Daniel D. Chu gives update on Occupy Wall Street (OWS) complaints at the board's monthly public meeting.
January 11, 2012:
Chu said the CCRB has received 37 complaints within its jurisdiction stemming from the protest
and approximately 850 contacts from people who saw video of events on television or the internet.
Read the full summary of OWS cases.
2011 Semi-Annual Status Report is Released
November 18, 2011:
The Board substantiated 61 cases of police misconduct involving 70 officers and 113 victims in the first six months of 2011.
Go to Reports & Statistics to read full report.
Click here to read the news release.
2010 Annual Status Report is Released
June 28, 2011:
Go to Reports & Statistics to read full report.
Click here to read the news release.
First Lead Prosecution of a Misconduct Case by the CCRB in the Police Department’s Trial Room
May 24, 2011:
The prosecution was conducted by the head of the CCRB’s new Administrative Prosecution Unit (APU), Laura Edidin.
Click here to read the statement from CCRB Chair Daniel D. Chu on today’s trial.
Testimony on Fiscal 2012 Budget, NYC Council Public Safety Committee Hearing
May 18, 2011:
CCRB Chair Daniel Chu asks for restoration of crucial funding.
Click here to read full testimony.
Daniel D. Chu Appointed New Chair of the CCRB
March 30, 2011:
Mayor Michael R. Bloomberg today named Daniel D. Chu as Chair of the NYC Civilian complaint Review Board. Chu had been a member of the Board since 2008, and replaces Ernest F. Hart who served as Chair since 2009.
Click here to read full announcement.
Testimony on Fiscal 2012 Preliminary Budget, NYC Council Public Safety Committee Hearing
March 15, 2011:
CCRB Board Member Daniel Chu, Esq. testifies that loss of investigator positions could hurt agency productivity.
Click here to read full testimony.
Chairman Gives Year-End Report to Board
February 09, 2011:
Chairman Ernest Hart Highlighted Trends, Agency Performance, and Aspects of Agency Operations Needing Improvement.
Click here to read.
CCRB Releases Year-End 12 Month Stats
February 09, 2011:
The CCRB Today Released 12 Month Complaint and Productivity Numbers: Misconduct Complaint Intake Down 15%, Substantiation Rate Increased to 10.7%.
Click here to read full release.
CCRB Releases its 2010 Semi-Annual Report
February 02, 2011:
CCRB Releases its 2010 Semi-Annual Report, Detailing improved Productivity, increase in Mediated Complaints and More Police Department Prosecutions of Substantiated Cases.
Click here to read full release.
CCRB budget reductions will not affect the new prosecution unit.
November 26, 2010:
The CCRB budget reductions will not affect the new prosecution unit.
The lead attorney for the unit has been hired and is currently training
with the Department Advocate's Office. As originally planned, the unit will
be trying randomly selected cases for a total of approximately 4 or 5 cases per year.
CCRB Announces Police Retraining Stemming from its Recommendations
October 27, 2010:
The Chairman of the Civilian Complaint Review Board, Ernest F. Hart, announced today that as a result of the CCRB's recommendations, the New York City Police Department has revised its guidelines and retrained NYPD officers who patrol buildings that are owned and operated by the New York City Housing Authority.
Click here to read full release.
CCRB Staffers Win Technology Award for Excellence
October 22, 2010:
CCRB staff members Yuriy Gregorev and Alex Menkin have won the “2010 Excellence in Technology Award for Excellence in IT Support and Service.” Yuriy Gregorev is the CCRB’s Director of IT and Alex Menkin is the Supervising Computer Service Technician.
Gregorev received the award for conceptualizing and implementing an innovative system to share digital files from the CCRB’s Electronic Management System (EDMS), where the CCRB stores all documents associated with closed investigations. Up to 1000 closed cases a year, each averaging 300 pages are requested by the City’s Law Department from the CCRB. Gregorev installed inexpensive third party software that allows the Law Department to remotely access the EDMS via City intranet. This innovation has freed up 3-4 CCRB staff people who use to spend 2 to 3 weeks copying documents, per each request. Going forward, the CCRB expects to use the system to share its digital files with other City agencies in addition to the Law Department.
Menkin was honored for his outstanding “customer” service within the agency; for always having an expeditious answer to a question or the solution to a problem; and for responding to requests with unfailing cheer and courtesy. Menkin is also proactive in anticipating needs within the agency and innovative in devising quick and easy to use solutions.
CCRB Board Member Testifies at Council Hearing on Police Stops at NYCHA Buildings
September 28, 2010:
Board Member Bishop Mitchell G. Taylor testified on behalf of the Board at a City Council Hearing sponsored by the Committees on Civil Rights, Public Safety and Public Housing. The hearing examined policing practices in New York City Housing Authority buildings. Bishop Taylor testified about the increase in complaints received by the CCRB from people who alleged they had been improperly stopped and questioned by police as they were entering or leaving NYCHA or Clean Halls buildings.
Click here to read full testimony.
CCRB and NYPD Announce Pilot Prosecution Program
February 18, 2010:
CCRB Chair Ernest F. Hart and Police Commissioner Raymond W. Kelly announced a pilot program in which a CCRB attorney, for the first time ever, will act as lead prosecutor on certain substantiated cases that go to trial in the Police Department's trial room.
Click here to read full press release.
2009 Accomplishments Detailed.
January 13, 2010:
More cases are closed and Police Commissioner Raymond Kelly publicly
endorses CCRB's mediation program. Read the full news release.
Mayor Bloomberg Appoints Ernest F. Hart to Chair the CCRB
April 2, 2009:
Mayor Michael R. Bloomberg today announced the appointment of Ernest F. Hart to the New York City Civilian Complaint Review Board and designated him to serve as Board Chair. Chairman Hart replaces Franklin H. Stone, who has served as a Board member since 1998 and as Chair since 2006.
“Ernie Hart has ably served our City in a number of capacities in the public and private sector and we are lucky to have him serve on the CCRB,” said Mayor Bloomberg. “He has a broad range of experience and has proven to be an effective executive throughout his career. I want to thank Franklin Stone for more than a decade of dedicated service as a Board member and for her leadership as Chair.”
“I look forward to taking on this challenge and will continue to ensure that the CCRB operates with integrity and independence,” said Ernest F. Hart. “I would like to thank Mayor Bloomberg for giving me the opportunity to serve.”
“It has been a pleasure to serve the people of New York as a member and Chair of the Civilian Complaint Review Board,” said Ms. Stone. “I am happy to see that I will be succeeded by Ernie Hart, who I know will provide confident and capable leadership going forward.”
Mr. Hart currently serves as Associate Dean/Chief Operating Officer for the Columbia University Medical Center’s Affiliation with Harlem Hospital Center, where he is responsible for the overall management of a $70 million academic and clinical service organization. Mr. Hart previously served as Chief of Staff and Counsel to the New York City Deputy Mayor Dennis Walcott from 2002 to 2004, as an Adjunct Professor of Law at New York Law School, and as an executive for the City of Yonkers, the New York City Department of Citywide Administrative Services, New York City Department of Personnel, the New York State Public Employment Relations Board, New York City Department of Sanitation, and the New York Stock Exchange. He began his professional career as an Assistant District Attorney in the New York County District Attorney’s Office.
Before accepting this position on the CCRB, Mr. Hart served as the Chair of the New York City Equal Employment Practices Commission and on the New York City Board of Collective Bargaining. He currently serves on the Supreme Court Appellate Division, 1st Department’s Committee on Character and Fitness, on the Queens Borough Public Library Board of Trustees and as a Trustee of the Local 1199 SEIU Pension Fund.
Mr. Hart holds a Bachelor of Arts degree from Fordham University and a Juris Doctor degree from Villanova University. He lives in Little Neck, Queens.
CCRB Provides Notice of Hearing on Proposed Rules Change
March 2, 2009:
The CCRB issued notice of an upcoming hearing on certain proposed changes to the agency’s rules. The hearing will take place on April 8th, 2009, at 9:30 AM at the CCRB’s offices on the 2nd Floor of 40 Rector Street in Manhattan. The rules to be discussed govern the referral, disposition and closing of certain types of cases, membership of panels of the board, the referral of certain cases from panels to the full board, the definitions of certain case dispositions, participation in meetings by means of videoconferencing, and the re-opening of cases. A PDF copy of the full notice is available at the following link: Notice of CCRB Public Hearing
CCRB and NYPD Announce Pilot Prosecution Program
September 10, 2008:
The New York Police Department (NYPD) and the Civilian Complaint Review Board (CCRB) jointly announced a pilot project in which CCRB attorneys will second seat NYPD prosecutors in disciplinary trials of CCRB cases.
Previously, only civilian lawyers employed by the NYPD’s Department Advocate’s Office prosecuted department disciplinary cases. Under the pilot project, a CCRB attorney will act as supporting counsel to the assigned Department prosecutor.
This joint venture was undertaken to ensure that both agencies work cooperatively towards the successful adjudication of cases referred from the CCRB.
“We have launched this pilot project with the expectation of strengthening our mutual efforts by having CCRB and NYPD attorneys collaborate as cases go to trial,” said Police Commissioner Raymond W. Kelly.
CCRB Executive Director Joan Thompson stated: “This pilot project provides a great foundation for enhancing cooperation and dialogue between the CCRB and NYPD regarding the CCRB’s substantiated cases.”
CCRB Management Information Systems Staff Win Two NYC Excellence in Technology Awards
October 12, 2007:
The New York City Excellence in Technology Awards Program announced that Yuriy Gregorev, Director of the CCRB’s Management Information Systems Unit (MIS), had won the 2007 “Excellence in IT Support and Service” award for a manager. Sarah Ho, MIS’s Local Area Network administrator, won the “Excellence in IT Support and Service” award for a technical support staffer.
The awards recognized Mr. Gregorev and Mrs. Ho for their outstanding work in “providing superior operational and customer service” for the CCRB’s computer systems. Congratulations to them both!
CCRB Names Joan Thompson new Executive Director
September 18, 2007:
After conducting a nationwide search, the Civilian Complaint Review Board has named Joan Thompson, the Director of Equal Opportunity for the Department of Education, as its new Executive Director. Ms. Thompson, who will arrive at the CCRB on October 15, 2007, has worked for years fighting discrimination in housing, policing, and education. Ms. Thompson stated, "I will promote accountability and communication between our agency, the NYPD and all the diverse communities of New York."
Before joining the Department of Education, Ms. Thompson served as the Director of Equal Employment Opportunity at the Baltimore Police Department. Ms. Thompson's experience also extends to the New York City Commission on Human Rights, where her work on fair housing issues resulted in a revision to New York City Human Rights Law. In addition, she served as the Assistant Commissioner for Equal Employment Opportunity at the NYPD from 1988-1990, under Police Commissioners Benjamin Ward, Richard Condon, and Lee Brown, where she authored the department's first sexual harassment policy statement. Ms. Thompson is no stranger to the Civilian Complaint Review Board, as she served as a board member during her tenure at the NYPD.
Executive Director Florence L. Finkle Departs Civilian Complaint Review Board
May 25, 2007:
Florence L. Finkle, the executive director of the Civilian Complaint Review Board, left the agency to join the New York State Attorney General’s Office as the first assistant attorney general for operations of the Medicaid Fraud Control Unit.
Ms. Finkle joined the CCRB in June 1996 as the deputy executive director for investigations; she increased the competence of investigative staff by implementing rigorous hiring criteria, developed an investigator training program and manual, and reorganized the investigative process as a vertical system in which supervisors closely tracked investigations to increase quality and productivity. As a result of her efforts, the average number of days it took to complete a full investigation dropped by 41%, the proportion of the agency’s docket more than one year old dropped from 23% to 5%, and the rate at which the board reached findings on the merits of investigations rose from 30% to 65%.
Ms. Finkle was appointed executive director of the agency in 2002. As the executive director, she increased investigator productivity by 38%, reduced the per-case closing cost by 42%, and focused agency resources on the Investigations Division, enabling the agency to absorb a 66% rise in complaint filings without compromising timeliness or quality of investigations significantly. She also expanded and improved the agency’s mediation program and directed and supervised the redesign of the agency’s website and public materials. In addition, she conceived of and contributed to board recommendations that led to the creation of a search warrant database, along with the issuance of directives regarding proper strip search procedures and officers’ obligation to identify themselves to civilians.
In his State of the City Address on January 17, 2007, Mayor Michael R. Bloomberg announced:
"As we step up the fight against crime, we’re also going to make sure that the NYPD treats
every New Yorker equally and with dignity and that all complaints are taken seriously.
We call our police "New York's Finest." That's our term of respect for those who have sworn
to protect us. And we must always insist that such respect flows in both directions!
This year, we will expand the resources and staffing at the Civilian Complaint Review
Board to ensure that all complaints are dealt with swiftly and seriously."
The increase in funding, which reflects the importance of the CCRB’s
mission, will be used to hire additional staff members. Budgetary increases should enable
the agency to build upon the efficiency and productivity improvements it has already made
to its operations, permitting it to responsibly investigate and mediate the large number
of complaints it is receiving.
CCRB Releases January-June 2006 Status Report
December 11, 2006:
The CCRB’s January-June 2006 Status Report
details the agency’s successful effort to improve its productivity in response
to record complaint filings. From January through June 2006, the CCRB received 3,877
complaints falling within its jurisdiction, the most filed during any six-month
period in its history as an independent agency. The number of complaint filings
first began rising in 2001, and has risen significantly and steadily ever since;
compared to the first six months of 2003, for example, the number of complaints
filed with the CCRB increased 41%. However, in the first half of 2006, the CCRB
closed 4,142 cases, 39% more than the 2,977 it closed in the first half of 2005.
In addition, the 135 cases the Mediation Unit closed during the first half of 2006,
are the highest number of mediation closures in a six-month period of time, ever.
The report also reveals the New York City Police Department’s
decision to more frequently issue instructions rather than more serious discipline
against officers the board found committed misconduct. Although the NYPD imposed
discipline against 77% of the officers whose substantiated CCRB cases it resolved
from January through June 2006, an all-time high, the NYPD imposed instructions
against 75% of the officers it disciplined in non-force cases, more than double
the rate from 2003 and 2004.
CCRB Recommends that the NYPD Issue an Order Instructing Officers
Regarding the Proper Handling of Police Union Courtesy Cards
November 9, 2006: The CCRB recommended
that the New York City Police Department issue an order informing officers of the limited
circumstances under which they can seize police union courtesy cards.
The recommendation stems from a review of ten cases involving 11 officers
who improperly seized police union cards from civilians.
For many years, New York City police officers have bestowed union “courtesy” cards upon
their relatives and friends to identify them as having a special relationship to an officer.
The cards list the names of union executives and provide information on how to contact these
executives and the unions’ main offices. Although the cards convey no legal benefit, civilians
often present them to officers in the hope of receiving one.
When interviewed by CCRB investigators, the officers in these ten cases expressed the belief that
they were entitled to seize the cards, which they did not voucher as required by the Patrol Guide,
because in their view, the cards belonged to the union or the police department.
However, it is not unlawful to possess the cards—not one of the civilians was charged with a crime—and
in the absence of any evidence that the card was acquired illegally, officers have no legal basis to seize them.
Mayor Bloomberg Appoints Franklin H. Stone as Chair of the CCRB
September 12, 2006:
Mayor Bloomberg appointed
Franklin H. Stone
as chair of the CCRB.
The first woman to chair the CCRB, Ms. Stone replaced Hector Gonzalez,
who joined the CCRB in 2000 and served as chair from April 2002 to September 2006.
A board member since 1998, Ms. Stone is an attorney with decades of experience
in litigation and government. Since 2004, she has served as executive director of
Common Good, a legal advocacy group. Ms. Stone was previously a partner at
the law firm of Hunton & Williams, where she specialized in commercial litigation
and repeatedly was awarded the firm’s pro bono service award. From 1983 to 1987,
Ms. Stone served as an assistant United States attorney for the Southern
District of New York. Prior to that, she was an associate at Patterson,
Belknap, Webb & Tyler. Ms. Stone is deeply involved in the Cobble Hill community in
Brooklyn where she resides. She is a member of the board of directors of
the Downtown Brooklyn Waterfront Local Development Corporation and
a member of the Citizens Advisory Council at the Brooklyn Bridge Park Local
Development Corporation. Additionally, Ms. Stone is first vice president of
the Cobble Hill Association.
Investigation of Republican National Convention Complaints
Leads CCRB to Recommend that the NYPD Review Its Training
for Policing Demonstrations
May 9, 2006:
Based upon its investigation
of six complaints involving two separate incidents during
the August 2004 Republican National Convention, the CCRB recommended
that the department "review the training it provides
officers ... for policing demonstrations." In the incidents
at issue, two deputy chiefs ordered demonstrators to disperse
without the aid of a bullhorn or other amplifying device.
Video footage also revealed other problems with the deputy
chiefs' orders, including the use of ambiguous terminology
and the inability of demonstrators—given time and geographic
limitations—to actually comply with the orders to disperse.
While the board only substantiated an allegation
of misconduct against one of the deputy chiefs, it found that
if the chiefs "had employed different tactics, the police
department may possibly have avoided arresting a large number
of people." In its recommendation, the board expressed
the hope that "the department can improve and/or reinforce
its training to avoid similar situations in the future."
After Analysis of February 15, 2003 Anti-war
Protest Complaints, CCRB Recommends NYPD Take Measures to
Facilitate Identification of Subject Officers
June 8, 2004: Following a study
of the 59 complaints stemming from the February 15, 2003 anti-war
protest published in its January-December 2003 Status Report,
the CCRB issued three recommendations to the police department
that, if implemented, would allow the CCRB to more easily
identify officers in complaints arising from large-scale demonstrations:
1) require mounted officers to display identification clearly
visible from street level; 2) institute measures to track
the location of officers called to respond to a mobilization;
and 3) provide the CCRB with unedited video footage made by
the department at demonstrations. The recommendations resulted
from the unusually high number of subject officers the CCRB
could not identify in its investigation of these complaints.
In October 2004, the police commissioner
notified the CCRB that the department had begun to place unique
identifying numerals on each of the department's horses when
deployed. In addition, the CCRB received relevant, unedited
TARU film in connection with its investigation of complaints
related to the Republican National Convention.
CCRB Recommends that the NYPD Enhance Its
Training of Officers to Ensure Adherence to Patrol Guide Strip
Search Procedures
May 12, 2004:
The CCRB
recommended
that the New York City Police Department enhance its
training of officers, particularly supervisors, to ensure
that officers adhere to Patrol Guide strip-search procedures.
The CCRB made this recommendation based on a study of sixteen
complaints filed since January 2002 (and closed as of April
1, 2004) in which the board, following a full investigation,
substantiated one or more strip-search allegations. In 2003,
the CCRB substantiated allegations of improper strip-searches
in 19% of the instances it reviewed such allegations, nearly
double the 10% average.
Patrol Guide procedure
208-05 provides search guidelines for arrested persons and
describes three types of searches: 1) the frisk/field search;
2) the search at a police facility; and 3) the strip search.
The Patrol Guide authorizes a strip search only in situations
where the arresting officer has reasonable suspicion that
the arrested individual is concealing weapons, contraband
or evidence that may not be discovered through a normal search
at a police facility. Evidence uncovered by CCRB investigators,
however, indicates that officers may be conducting improper
strip searches more frequently than agency statistics suggest.
During interviews with investigators, officers did not recognize
the searches they conducted to be strip searches; described
strip searches as routine for arrestees brought to the police
facility; and/or justified strip searches based on the fact
that they chose to transport arrestees from the street to
the precinct with individuals whom they had arrested for drug
offenses. Though officers did not appear to have intentionally
violated the Patrol Guide, they clearly did not understand
the department's own search guidelines, specifically the difference
between a police facility search and a strip search.
On May 13, 2004,
the department issued a directive,
read ten times at every roll call and posted in every command,
reminding officers of when strip searches can be conducted.
The directive informed officers that a strip search "may not
be conducted routinely," that such a search "requires express
authorization from a supervisor," and that "any search in
which an individual's undergarments … and/or private areas
are exposed … is considered a strip search." When the CCRB
released its recommendation, the police department also issued
a statement that it was developing a training videotape for
officers on proper search procedures. To date, the department
has not completed the training video.
NYPD Adopts CCRB Recommendation that Officers
be Required to Show "No-knock" Search Warrants
February 13, 2004: The New York City
Police Department issued an interim
order requiring that officers show a copy of a search
warrant, when able to do so safely, to any of the occupants
of the premises. The order resulted from a
recommendation the board made to the police commissioner
on November 20, 2003. The New York Criminal Procedure Law
explicitly requires officers, if asked, to show a search warrant
when they must identify themselves to the occupant of premises
before entering. However, the procedure law does not apply
to "no-knock" search warrants-those that permit
police to enter premises without giving notice of their purpose
or authority. The board recommended that the department establish
guidelines to ensure that officers show all search warrants
to citizens to provide them with explanations when their homes
or businesses are searched.
NYPD Adopts CCRB Policy Recommendation to
Revise Patrol Guide Procedure Codifying an Officer's Obligation
to Provide Identifying Information Upon Request
June 27, 2003: At the recommendation
of the CCRB, the New York City Police Department issued an
interim
order revising Patrol Guide procedure 203-09 (Public Contact-General).
The revision clarifies an officer's affirmative obligation
to provide upon a civilian's request his or her name, badge
number, or other identifying information. The new interim
order stems from a study the CCRB conducted and included in
its January - December 2002 Status Report entitled, "Refusal
to Provide Name and/or Shield Number: An Analysis of an Allegation".
The study, based upon complaints raising this allegation which
were closed during the first six months of 2002, found that
the board substantiated this allegation 16% of the time, almost
three times the 6% rate the board substantiated other allegations
during this same six-month time period.
NYPD Adopts CCRB Policy Recommendation to
Create a Search Warrant Database
May 27, 2003: At the
recommendation of the CCRB, the New York City Police Department
announced that it planned to implement a database to track
information on search warrants from the time the warrant was
obtained through the warrant's execution. "Part of the
CCRB's mission is to report to the police commissioner relevant
issues and policy matters coming to the board's attention,"
said CCRB Chairman Hector Gonzalez. " We are excited
that the department agreed with our recommendation and is
implementing it so quickly." The CCRB made its recommendation
to the police department in January 2003, after investigation
of a specific CCRB complaint made clear that the department
maintained no centralized database to record information regarding
the issuance and execution of search warrants. The development
of such a database is important for two reasons. First, computerized
and centralized data will help police executives assess their
officers' and units' performance. Second, a comprehensive
database will significantly reduce the time it takes to identify
officers and access records, thereby speeding the CCRB investigative
process.
July 1, 2003: The New York City Police
Department issued an interim
order announcing that it had created the database.
The order requires officers to notify and provide relevant
information to the Intelligence Division upon receipt of a
search warrant and upon execution or expiration of the warrant.
The database, maintained by the Intelligence Division, tracks
key aspects of the search warrant process, including the name
of the supervising officer, the prosecutor assigned to the
case, the judge who issued the warrant, and the results of
the executed warrant.
Administrative Prosecution Unit Litigation
January 2001: Former Mayor Rudolph
Giuliani and former Police Commissioner Bernard Kerik proposed
that the CCRB be given the authority to prosecute its own
substantiated cases. Under the proposal, the disciplinary
hearings would be conducted by administrative judges employed
by the city's Office of Administrative Trials and Hearings
(OATH). While all cases would be prosecuted by the CCRB instead
of the NYPD's Advocate's Office, the police commissioner would
retain the ultimate authority to impose discipline.
April 2001: The New York City Law
Department rendered an opinion stating that the CCRB could
assume prosecutorial power by changing its rules. The CCRB
and the police department then entered into a memorandum of
understanding (MOU) and the CCRB changed its rules; the MOU
and rules would have transferred prosecutorial authority to
the CCRB beginning on June 25, 2001. Before the new rules
could take effect, however, the police unions sued the city,
the police department, and the CCRB to block the implementation
of the terms of the MOU and the amendments to the agency's
rules.
July 16, 2001: The New York Supreme
Court ruled that granting the CCRB the power to prosecute
"enhances its ability to make detailed findings and
informed recommendations, and thereby furthers its
mandate."* However,
the court ruled that only a member of the police department
could preside over hearings that might result in the officer's
termination.
January 7, 2003: The New York State
Appellate Division, First Department, ruled that all disciplinary
charges stemming from substantiated cases must be filed before
the NYPD's deputy commissioner of trials rather than with
OATH. However, the court stated, "We uphold that aspect of
the MOU and the amendments to the Rules of the City of New
York which grant the CCRB the revocable authority to administratively
prosecute police officers for certain enumerated offenses."
*
Lynch v. Giuliani, No. 1114361/01, slip op. at 7 (N.Y.Sup.Ct.
July 16, 2001) (emphasis in orginal).
68 at *7 (1st Dep't. Jan. 7, 2003).
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