Police Commissioner James O'Neill Appoints Outside Advisory Panel of Independent, Respected Experts to Review NYPD Discipline Policies

June 21, 2018

Police Commissioner James O'Neill today announced the appointment of an independent external panel of respected law enforcement experts to review the NYPD's internal disciplinary process, practices and policies. This Independent Panel will produce a report and make recommendations on how to improve the Department's internal disciplinary system. The NYPD will make that report and the recommendations public when the Independent Panel completes its work.

"The New York City Police Department is the greatest police department in the world, and over the past five years the NYPD has made important strides in how the Department administers discipline. Our mission is to always push ourselves to become even greater," said Police Commissioner James P. O'Neill. "As we build deeper trust with the people we are sworn to protect, we must ensure that our systems for confirming that our officers are doing their jobs justly, fairly and effectively are also working justly, fairly and effectively for our officers and for the people of our City. This respected Independent Panel is comprised of leaders with unassailable credibility and experience, and devout devotion to fair and effective policing. They will provide critical insight on how to strengthen further our discipline system. I thank the members of this panel for donating their time and energy to take on this important project."

The Independent Panel will have full access to all relevant NYPD information and personnel. It will also have a mandate to review exhaustively how internal discipline cases are initiated and prosecuted by the Department Advocate's Office, how they are tried in the trial room or otherwise resolved, and how final outcomes are determined and imposed to determine if they are appropriate, consistent and proportionate to the infraction.

The Independent Panel will review how the NYPD handles and responds to disciplinary cases brought by the CCRB. The objective is to not only guarantee that those officers who commit violations receive the appropriate punishment -- and in those necessary cases weed out any bad actor who does not meet the high standards of the NYPD -- but also to identify the most effective reforms and programs to make the system fairer for our officers, and give the public full confidence that the internal disciplinary system is working properly and robustly.

The group will consult with and seek input from a wide array of external stakeholders, including the advocate community. It will also be supported with budgetary and staff resources to complete its work. Commissioner O'Neill has asked the panel to complete its work in 120 days, and produce a final report to him by that date with its findings and recommendations.

Information on the members of the Commissioner's committee appears below:

• Mary Jo White, Chair – Mary Jo White served most recently for four years as Chair of the United States Securities and Exchange Commission, and previously served as the United States Attorney for the Southern District of New York (SDNY) for nine years. In that capacity, she oversaw major prosecutions of white collar crime, organized crime and international terrorism – including the successful prosecutions of those responsible for the1993 World Trade Center bombing, the Day of Terror Plot, the Manila Air Plot, and the indictment of Osama bin Laden for his role in the 1998 East African embassy bombings in Kenya and Tanzania. Ms. White has been recognized by the National Law Journal as one of "50 Most Influential Women Lawyers in America," and is a recipient of numerous honors. She is currently a litigation partner and Senior Chair at Debevoise & Plimpton LLP.
• Robert L. Capers – Robert L. Capers is the former United States Attorney for the Eastern District of New York (EDNY), where he served with distinction in that capacity from 2015-2017. He also served as a prosecutor for more than two decades, beginning his career in 1996 at the New York County District Attorney's Office under Robert M. Morgenthau. As United States Attorney, Mr. Capers oversaw high-profile cases such as the extradition of Joaquin "El Chapo" Guzman, the head of the Sinaloa Cartel; the indictments and extraditions of nearly 30 FIFA officials; and the agreement by a large German bank to pay a record fine for misleading investors in its sale of residential mortgage-backed securities, which contributed to the 2008 financial collapse in the US. He is currently a partner and co-chair of Arent Fox's Government Enforcement & White Collar practice.
• Barbara S. Jones – Barbara S. Jones is a former judge in the U.S. District Court for the Southern District of New York (SDNY) who also served as Chief Assistant to Robert M. Morgenthau, then-District Attorney of New York County. As Assistant U.S. Attorney for SDNY, Ms. Jones served as the chief of the Organized Crime Strike Force Unit. She also chaired the Response Systems to Adult Sexual Assault Crimes Panel, created by Congress in the National Defense Authorization Act for 2013, aimed at assessing the investigation, prosecution, and adjudication of sexual assaults in the military. The panel issued a report to Congress in June 2014 with 132 recommendations to the Department of Defense. Ms. Jones has also been selected at various turns by the Federal Communications Commission, the National Football League, and the Metropolitan Transportation Authority to perform advisory and review functions. Ms. Jones is currently a partner at Bracewell, and focuses her practice on corporate monitorships, compliance issues, internal investigations and arbitrations and mediations.