US Laws, Codes, Statutes & Cases

 
    § 440. Public complaints against members of the police department. (a)
  It  is in the interest of the people of the city of New York and the New
  York  city  police  department  that  the  investigation  of  complaints
  concerning  misconduct  by officers of the department towards members of
  the public be complete, thorough and impartial. These inquires  must  be
  conducted  fairly and independently, and in a manner in which the public
  and the police  department  have  confidence.  An  independent  civilian
  complaint  review board is hereby established as a body comprised solely
  of members of the public with the authority to  investigate  allegations
  of police misconduct as provided in this section.
    (b) Civilian complaint review board.
    1.  The  civilian  complaint  review  board  shall consist of thirteen
  members of the public appointed by the mayor, who shall be residents  of
  the  city  of  New  York  and  shall reflect the diversity of the city's
  population.  The members of the board shall be appointed as follows: (i)
  five members, one from each of the five boroughs, shall be designated by
  the city council; (ii) three members with experience as law  enforcement
  professionals  shall be designated by the police commissioner; and (iii)
  the remaining five members shall be selected by  the  mayor.  The  mayor
  shall select one of the members to be chair.
    2.  No  member  of  the  board  shall  hold any other public office or
  employment.  No  members,  except  those  designated   by   the   police
  commissioner, shall have experience as law enforcement professionals, or
  be  former  employees  of  the  New York city police department. For the
  purposes of this section, experience as a law  enforcement  professional
  shall  include  experience  as  a police officer, criminal investigator,
  special agent, or a managerial or  supervisory  employee  who  exercised
  substantial  policy discretion on law enforcement matters, in a federal,
  state, or local law enforcement agency,  other  than  experience  as  an
  attorney in a prosecutorial agency.
    3.  The  members  shall  be appointed for terms of three years, except
  that of the members first appointed, four shall be appointed  for  terms
  of  one  year, of whom one shall have been designated by the council and
  two shall have been designated by the police commissioner, four shall be
  appointed for terms of two years, of whom two shall have been designated
  by the council, and five shall be appointed for terms of three years, of
  whom two shall have been designated by the council and  one  shall  have
  been designated by the police commissioner.
    4. In the event of a vacancy on the board during the term of office of
  a  member  by  reason  of  removal,  death, resignation, or otherwise, a
  successor  shall  be  chosen  in  the  same  manner  as   the   original
  appointment.  A  member  appointed to fill a vacancy shall serve for the
  balance of the unexpired term.
    (c) Powers and duties of the board.
    1. The board shall have the power to receive, investigate, hear,  make
  findings  and  recommend action upon complaints by members of the public
  against  members  of  the  police  department  that  allege   misconduct
  involving  excessive  use  of force, abuse of authority, discourtesy, or
  use of offensive language, including, but not limited to, slurs relating
  to race, ethnicity, religion, gender, sexual orientation and disability.
  The findings and recommendations of the board, and the  basis  therefor,
  shall   be   submitted   to  the  police  commissioner.  No  finding  or
  recommendation shall be  based  solely  upon  an  unsworn  complaint  or
  statement,  nor  shall  prior  unsubstantiated,  unfounded  or withdrawn
  complaints be the basis for any such finding or recommendation.
    2. The board shall promulgate rules of procedure  in  accordance  with
  the  city  administrative  procedure act, including rules that prescribe
  the  manner  in  which  investigations   are   to   be   conducted   and

  recommendations  made  and the manner by which a member of the public is
  to be informed of the status of his or her  complaint.  Such  rules  may
  provide for the establishment of panels, which shall consist of not less
  than  three  members of the board, which shall be empowered to supervise
  the  investigation  of  complaints,  and  to  hear,  make  findings  and
  recommend  action  on  such  complaints.  No  such  panel  shall consist
  exclusively of members designated by the council, or designated  by  the
  police commissioner, or selected by the mayor.
    3.  The  board,  by  majority  vote  of  its  members,  may compel the
  attendance of witnesses and require the production of such  records  and
  other  materials  as  are  necessary for the investigation of complaints
  submitted pursuant to this section.
    4. The board shall establish a mediation program pursuant to  which  a
  complainant  may  voluntarily  choose to resolve a complaint by means of
  informal conciliation.
    5. The board is authorized, within appropriations available  therefor,
  to  appoint  such  employees as are necessary to exercise its powers and
  fulfill its duties. The board shall  employ  civilian  investigators  to
  investigate all complaints.
    6.  The  board  shall  issue  to  the  mayor  and  the  city council a
  semi-annual report which shall describe its activities and summarize its
  actions.
    7. The board shall have the responsibility  of  informing  the  public
  about  the  board  and  its  duties, and shall develop and administer an
  on-going  program  for  the  education  of  the  public  regarding   the
  provisions of this chapter.
    (d) Cooperation of police department.
    1.  It  shall  be  the  duty  of the police department to provide such
  assistance as the board may reasonably request, to cooperate fully  with
  investigations  by  the  board, and to provide to the board upon request
  records and other materials which are necessary for the investigation of
  complaints submitted pursuant to this section, except  such  records  or
  materials that cannot be disclosed by law.
    2. The police commissioner shall ensure that officers and employees of
  the  police  department  appear  before  and respond to inquiries of the
  board  and  its  civilian   investigators   in   connection   with   the
  investigation of complaints submitted pursuant to this section, provided
  that   such  inquiries  are  conducted  in  accordance  with  department
  procedures for interrogation of members.
    3. The police commissioner shall report to the  board  on  any  action
  taken  in cases in which the board submitted a finding or recommendation
  to the police commissioner with respect to a complaint.
    (e) The provisions of this section shall not be construed to limit  or
  impair the authority of the police commissioner to discipline members of
  the department. Nor shall the provisions of this section be construed to
  limit   the  rights  of  members  of  the  department  with  respect  to
  disciplinary action, including but not limited to the  right  to  notice
  and  a  hearing,  which  may  be  established by any provision of law or
  otherwise.
    (f) The provisions of this section shall not be construed  to  prevent
  or  hinder the investigation or prosecution of members of the department
  for violations of law by any court of competent  jurisdiction,  a  grand
  jury, district attorney, or other authorized officer, agency or body.