Administrative Prosecution Unit
When the Board recommends Charges and Specifications, the highest level of discipline, for a subject officer, the CCRB’s Administrative Prosecution Unit (APU) prosecutes the case. The trials are usually held at NYPD headquarters before the Deputy Commissioner for Trials or an Assistant Deputy Commissioner of Trials. If the officer is found guilty, penalties range from loss of vacation days, suspension without pay, dismissal probation, to termination from the NYPD. After the Trial Commissioner reaches a decision on the case, the Police Commissioner has the authority to decide the nature of discipline and if it is imposed.
- Prosecutor Receives Case: Upon receiving a new case file, the assigned APU Prosecutor drafts the charges and specifications that correspond with the Board Panel’s disposition and discipline recommendations
- Charges filed: APU files Charges to the Department Advocate’s Office.
- Charges served: Department Advocates Office serves the Member of Service(s) the charges.
- The APU cannot proceed until DAO serves the respondents. DAO typically will not serve the officer charges until it has reviewed the case.
- The 18-month statute of limitation timer ends when charges are served.
- Penalty determination: Once a prosecutor receives updated disciplinary history for the member of service, the prosecutor applies the facts of the case to the disciplinary matrix for each allegation to determine the appropriate penalty.
- Discovery: The APU prosecutor sends relevant documents, audio, and video to the attorney representing the Member of Service.
- Disciplinary cover sheet: The APU prosecutor drafts a document that contains their disciplinary recommendation and plea offer, if there is one, and sends it to the Department Advocate’s Office. This letter suggests a date for the initial conference to begin the trial proceedings.
- Initial conference: The APU Prosecutor meets with the Member of Service’s attorney to discuss any pleas offered and draw out plea paperwork. Pleas can range from Training to the forfeiture of vacation days. If no plea was offered or the Member of Service rejects the plea, then the trial is scheduled. At this time, the Member of Service’s attorney can file any motions they deem relevant to the case.
- Trials are supposed to begin within 30 days of the initial conference but can be delayed as a result of any motions filed within the case or scheduling conflicts.
- Provision Two: Provision Two of the 2012 MOU allows the Police Commissioner to retain a case when: (1) the MOS has no disciplinary or CCRB history; or (2) there is a related criminal or civil proceeding. The Police Commissioner can use Provision Two on their own or the member of service's attorney can ask for the Commissioner to use their power under the 2012 MOU. After the Police Commissioner informs the CCRB about their intention to use Provision Two, the CCRB has 5 business days to respond in writing.
Post Plea Process
When the CCRB and the member of service agree on a plea, the member of service takes responsibility for their conduct in a hearing and in writing. That plea is then forwarded to the Department Advocate and First Deputy Commissioner for review, before finally going to the Police Commissioner. The Police Commissioner retains final authority to reject or modify any plea. Before the Police Commissioner modifies a plea in any way, they must notify the CCRB in writing and allow five business days for the CCRB to respond in writing.
The Deputy Commissioner of Trials or the Assistant Deputy Commissioner of Trials writes a draft decision with their recommendation to the Police Commissioner. The CCRB and the Member of Service’s attorney have a two-week window to draft a letter, referred to as a fogel letter, that details each side’s argument and responds to the draft decision. This letter is sent to the Police Commissioner who has the ultimate authority over disciplinary matters. There is no timeline for the Commissioner to make a decision.
APU Trial Calendar
The Administrative trials are held at 1 Police Plaza and open to the public. Trial dates are published three weeks in advance of the scheduled date but are subject to change. Access the APU Trial Calendar here.
The CCRB gained the power to prosecute cases on April 2, 2012. Read the APU Memorandum of Understanding to learn more.
The Administrative Prosecution prepares a report every quarter. Read the APU quarterly reports here.