Bill Text: NY A00941 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the civilian summons review board for review of summonses issued by employees of the department of sanitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to cities [A00941 Detail]
Download: New_York-2019-A00941-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 941 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. M. G. MILLER -- read once and referred to the Committee on Cities AN ACT to amend the New York city charter, in relation to establishing the civilian summons review board The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The New York city charter is amended by adding a new chap- 2 ter 31-A to read as follows: 3 CHAPTER 31-A 4 CIVILIAN SUMMONS REVIEW BOARD 5 § 760. Civilian summons review board. a. An independent civilian 6 summons review board is hereby established as a body comprised solely of 7 members of the public with the authority to review summonses issued by 8 employees of the department of sanitation as provided in this section. 9 1. The civilian summons review board shall consist of one chairperson 10 and twelve additional members of the public appointed by the mayor, who 11 shall be residents of the city of New York. All members of the board 12 shall be appointed as follows: 13 (i) five members, one from each of the five boroughs, shall be desig- 14 nated by the city council; 15 (ii) three members with experience in public sanitation shall be 16 designated by the sanitation department; and 17 (iii) the remaining five members, including the chairperson, shall be 18 selected by the mayor. 19 No member of the board shall hold any other public office or employ- 20 ment. 21 2. The members shall be appointed for terms of three years, except 22 that of the members first appointed, four shall be appointed for terms 23 of one year, of whom one shall have been designated by the council and 24 two shall have been designated by the department of sanitation, four 25 shall be appointed for terms of two years, of whom two shall have been EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00081-01-9A. 941 2 1 designated by the council, and five shall be appointed for terms of 2 three years, of whom two shall have been designated by the council and 3 one shall have been designated by the department of sanitation. 4 3. In the event of a vacancy on the board during the term of office of 5 a member by reason of removal, death, resignation, or otherwise, a 6 successor shall be chosen in the same manner as the original appoint- 7 ment. A member appointed to fill a vacancy shall serve for the balance 8 of the unexpired term. 9 4. The chairperson may appoint an executive director who shall manage 10 day to day operations. 11 b. 1. The board shall have the power to receive, investigate, hear, 12 make findings and recommend action upon complaints by members of the 13 public against employees of the sanitation department concerning the 14 issuance of summonses by such employees. The findings and recommenda- 15 tions of the board, and the basis therefor, shall be submitted to the 16 department of sanitation. No finding or recommendation shall be based 17 solely upon an unsworn complaint or statement, nor shall prior unsub- 18 stantiated, unfounded or withdrawn complaints be the basis for any such 19 finding or recommendation. 20 2. The board shall promulgate rules of procedure in accordance with 21 the city administrative procedure act, including rules that prescribe 22 the manner in which investigations are to be conducted and recommenda- 23 tions made and the manner by which a member of the public is to be 24 informed of the status of his or her complaint. Such rules may provide 25 for the establishment of panels, which shall consist of not less than 26 three members of the board, which shall be empowered to supervise the 27 investigation of complaints, and to hear, make findings and recommend 28 action on such complaints. No such panel shall consist exclusively of 29 members designated by the council, or designated by the department of 30 sanitation, or selected by the mayor. 31 3. The board, by majority vote of its members, may compel the attend- 32 ance of witnesses and require the production of such records and other 33 materials as are necessary for the investigation of complaints submitted 34 pursuant to this section. 35 4. The board is authorized, within appropriations available therefor, 36 to appoint such employees as are necessary to exercise its powers and 37 fulfill its duties. The board shall employ civilian investigators to 38 investigate all complaints. 39 5. The board shall have the responsibility of informing the public 40 about the board and its duties, and shall develop and administer an 41 ongoing program for the education of the public regarding the provisions 42 of this chapter. 43 c. 1. It shall be the duty of the department of sanitation to provide 44 such assistance as the board may reasonably request, to cooperate fully 45 with investigations by the board, and to provide to the board upon 46 request records and other materials which are necessary for the investi- 47 gation of complaints submitted pursuant to this section. 48 2. The commissioner of sanitation shall ensure that officers and 49 employees of the department of sanitation appear before and respond to 50 inquiries of the board and its civilian investigators in connection with 51 the investigation of complaints submitted pursuant to this section, 52 provided that such inquiries are conducted in accordance with department 53 procedures for interrogation of members. 54 3. The commissioner of sanitation shall report to the board on any 55 action taken in cases in which the board submitted a finding or recom- 56 mendation to the department of sanitation with respect to a complaint.A. 941 3 1 d. The provisions of this section shall not be construed to limit or 2 impair the authority of the department of sanitation to discipline 3 members of the department. Nor shall the provisions of this section be 4 construed to limit the rights of employees of the department of sanita- 5 tion with respect to disciplinary action, including but not limited to 6 the right to notice and a hearing, which may be established by any 7 provision of law or otherwise. 8 e. The provisions of this section shall not be construed to prevent or 9 hinder the investigation or prosecution of employees of the department 10 of sanitation for violations of law by any court of competent jurisdic- 11 tion, a grand jury, district attorney, or other authorized officer, 12 agency or body. 13 § 2. This act shall take effect on the one hundred twentieth day after 14 it shall have become a law.
