MAYOR GIULIANI VETOES CITY COUNCIL INTRO NO. 961 DISAPPROVING AN INDEPENDENT POLICE INVESTIGATION AND AUDIT BOARD
Mayor Rudolph W. Giuliani today vetoed City Council Introductory Number 961, a bill that seeks to establish an Independent Police Investigation and Audit Board. The Corporation Counsel has advised the Mayor that this legislation fails to correct defects in the previous legislation that was found by the New York Supreme Court to violate the City Charter. The Court's decision was later affirmed by the Appellate Division.
"Intro. 961, like Local Law 13 which was deemed invalid by the Courts, seeks to establish an independent police investigation and audit board," Mayor Giuliani said. "This bill is substantially identical to the prior legislation, with minor differences. The bill takes appointment power away from the Mayor which the Court found to be in violation of the City Charter. Conceptually, this is no different from our challenge to the line item veto. The Congress, there, has attempted to readjust the constitutional powers of the Executive and Legislative branches -- something that can only be accomplished through an amendment to the Constitution."
"My commitment to combating corruption is strong, but I believe that the Police Department is, and should continue to be, the first line of defense against police corruption. Efforts to combat this problem must be taken seriously and allegations of dishonest cops must be dealt with quickly and strictly. It is the responsibility of the executive branch to guard against police corruption. As Mayor, I welcome this accountability."
According to the Corporation Counsel, the broad changes in the structure of City government that the Council is attempting in this legislation can only be accomplished by a referendum amending the City Charter. In 1995, the Courts struck down Local Law 13 which made a similar attempt to circumvent a referendum to change the City Charter.
In February 1995, Mayor Giuliani signed an Executive Order establishing a five-person independent Police Commission to combat police corruption. This Commission was modeled closely on the recommendations of the Mollen Commission.
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