Dear New Yorker,
We've turned an important corner in our efforts to improve and strengthen the City's police disciplinary process.
On Wednesday, the City Council, together with Mayor Bloomberg, Police Commissioner Kelly and Civilian Complaint Review Board (CCRB) Chair Daniel D. Chu, announced an agreement that will bring increased transparency and independence to the review of alleged police misconduct by giving prosecutorial authority to the CCRB.
Right now, civilian complaints of police misconduct that are made to the CCRB are investigated by the board and, if substantiated, referred to the NYPD for prosecution - a process that many residents and advocates feel is opaque and secretive.
This announcement follows extensive deliberations between the City Council, the NYPD and the Bloomberg Administration. It also follows the introduction of legislation by Council Member Garodnick in 2010 calling for giving the CCRB prosecutorial authority.
With so many important questions and concerns about policing and public safety making headlines these days, it's important that the public know that when they file a legitimate and serious complaint against the police, it will undergo an appropriate process of review and - if substantiated - prosecution.
Under this agreement, the NYPD and the CCRB will enter into a Memorandum of Understanding (MOU) under which the CCRB will be granted authority to prosecute most substantiated cases of misconduct by police officers. These will include cases of excessive or unnecessary force, abuse of authority, discourtesy or the use of offensive language.
The MOU further provides that, in all cases substantiated by CCRB in which charges and specifications are recommended, the CCRB's Administrative Prosecution Unit is empowered both to prosecute and plea bargain the case.
In very limited circumstances (such as when there is an ongoing parallel or criminal case or where the officer has neither a disciplinary record nor any substantiated CCRB complaints), the Police Commissioner would be able to exercise discretion and stop a case from moving forward, but only with a detailed explanation as to why. Additionally, in any substantiated CCRB case where the Police Commissioner intends to impose a lower level of discipline than that recommended by CCRB or a Deputy Commissioner of Trials, the Police Commissioner will be required to provide a detailed explanation of his reasons for doing so.
I want to thank Mayor Bloomberg, Police Commissioner Kelly, CCRB Chair Chu, and Council Member Garodnick and our Council colleagues for coming to the table to help make this important agreement happen.
Special thanks as well to all of the advocates who lent their voice to these discussions.
With this agreement - and with continued outreach and relationship building between the NYPD and all of our communities - we can help bring greater transparency, accountability and fairness to the way the City handles and prosecutes allegations of police misconduct.
If you have any questions or comments about this agreement, please don't hesitate to get in touch with me directly. I can be reached by telephone at (212) 788-7210 or by email at speakerquinn@council.nyc.gov .
Thank you.
Sincerely,
Christine C. Quinn
Speaker
NYC Council