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§ 457. Protocols. a. Police Department. Within ninety days after the
appointment of the last member of the board pursuant to section four
hundred and fifty, the board and the police commissioner shall establish
a protocol pursuant to which information shall be exchanged and
cooperation between the board and the department facilitated in
accordance with the provisions of this chapter. Such protocol shall also
provide for means of avoiding and resolving potential disputes arising
out of investigations independently undertaken by both the board and the
department.
b. District Attorneys. Within ninety days after the appointment of the
last member of the board pursuant to section four hundred and fifty, the
board shall enter into a protocol with each of the city's district
attorneys pursuant to which information shall be exchanged, cooperation
between the board and the district attorneys facilitated, and potential
disputes arising out of investigations independently undertaken by the
board and a district attorney's office shall be avoided and resolved.
Any investigation undertaken by the board pursuant to paragraphs three
or four of subdivision a of section four hundred and fifty-one shall be
conducted in accordance with the provisions of the applicable protocol,
if any, entered into pursuant to this subdivision. Provided, however,
that the lack of a protocol pursuant to this subdivision shall not
prohibit the board from undertaking any investigation authorized by this
chapter.
c. Civilian Complaint Review Board. Within ninety days after the
appointment of the last member of the board pursuant to section four
hundred and fifty, the board and the civilian complaint review board
established pursuant to chapter eighteen-a of this charter shall
establish a protocol pursuant to which (i) the board, if in the course
of any assessment, audit or investigation undertaken pursuant to
subdivision a of section four hundred and fifty-one, forms a reasonable
belief that any act of misconduct, as defined in paragraph one of
subdivision c of section four hundred and forty of this charter, has
occurred or is occurring, shall as soon as practicable, report the facts
that support such belief to the civilian complaint review board; (ii)
the civilian complaint review board, if in the course of an
investigation authorized pursuant to chapter eighteen-a of the charter,
forms a reasonable belief that any act of corruption has occurred or is
occurring, shall as soon as practicable, report the facts that support
such belief to the board; and (iii) information shall be exchanged and
cooperation between the boards facilitated.