Bill Text: NY S04354 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2025-02-04 - REFERRED TO CITIES 1 [S04354 Detail]

Download: New_York-2025-S04354-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4354

                               2025-2026 Regular Sessions

                    IN SENATE

                                    February 4, 2025
                                       ___________

        Introduced  by  Sens. BAILEY, BRISPORT, COMRIE, JACKSON, RIVERA, SALAZAR
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Cities 1

        AN ACT to amend the New York city charter and the administrative code of
          the city of New  York,  in  relation  to  providing  final  discipline
          authority  over  civilian  complaints to the civilian complaint review
          board

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision a of section 434 of the New York city charter
     2  is amended to read as follows:
     3    a. The commissioner shall have cognizance and control of  the  govern-
     4  ment,  administration, disposition and discipline of the department, and
     5  of the police force of the department, with the exception  of  discipli-
     6  nary  determinations  and  adjudications  made by the civilian complaint
     7  review board, which shall not be within the  discretion  of  the  police
     8  commissioner.
     9    §  2.  Section 440 of the New York city charter, as added by local law
    10  number 1 of the city of New York for the year 1993, paragraphs 1, 3  and
    11  4 of subdivision (b) as amended by section 1, paragraph 3 of subdivision
    12  (d) as amended by section 4 and subdivision (g) as added by section 5 of
    13  question  2 of local law number 215 of the city of New York for the year
    14  2019, paragraphs 1, 2 and 5 of subdivision (c) as amended by  local  law
    15  number  24 of the city of New York for the year 2022, paragraphs 3 and 6
    16  of subdivision (c) and paragraphs 1 and 2 of subdivision (d) as  amended
    17  by local law 47 of the city of New York for the year 2021, is amended to
    18  read as follows:
    19    § 440. Public complaints against members of the police department. (a)
    20  It  is in the interest of the people of the city of New York and the New
    21  York city police department that the investigation  and  prosecution  of
    22  complaints  concerning  misconduct by officers of the department towards

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00204-01-5
        S. 4354                             2

     1  members of  the  public  be  complete,  thorough  and  impartial.  These
     2  inquires  must be conducted fairly and independently, and in a manner in
     3  which the public and the police department have confidence. An independ-
     4  ent  civilian  complaint  review  board  is hereby established as a body
     5  comprised solely of members of the public with the authority to investi-
     6  gate and prosecute allegations of police misconduct as provided in  this
     7  section.
     8    (b) Civilian complaint review board.
     9    1.  The civilian complaint review board shall consist of 15 members of
    10  the public. Members shall be residents of the city of New York and shall
    11  reflect the diversity of the city's population. The members of the board
    12  shall be appointed as follows: (i) five members, one from  each  of  the
    13  five  boroughs,  shall be appointed by the city council; (ii) one member
    14  shall be appointed by the public  advocate;  (iii)  three  members  with
    15  experience  as  law enforcement professionals shall be designated by the
    16  police commissioner and appointed by the mayor; (iv) five members  shall
    17  be appointed by the mayor; and (v) one member shall be appointed jointly
    18  by  the  mayor  and  the speaker of the council to serve as chair of the
    19  board.
    20    2. No member of the board  shall  hold  any  other  public  office  or
    21  employment.  No  members,  except those designated by the police commis-
    22  sioner, shall have experience as law enforcement  professionals,  or  be
    23  former  employees  of  the  New  York  city  police  department. For the
    24  purposes of this section, experience as a law  enforcement  professional
    25  shall  include  experience  as  a police officer, criminal investigator,
    26  special agent, or a managerial or  supervisory  employee  who  exercised
    27  substantial  policy discretion on law enforcement matters, in a federal,
    28  state, or local law enforcement agency,  other  than  experience  as  an
    29  attorney in a prosecutorial agency.
    30    3. The members shall be appointed for terms of three years. The public
    31  advocate shall make the public advocate's first appointment to the board
    32  on  or  before  May  6, 2020. The board member so appointed shall assume
    33  office on July 6, 2020. The mayor and the speaker of the  council  shall
    34  make  their  initial  joint appointment to the board on or before May 6,
    35  2020. The member so appointed shall serve as the board's chair and shall
    36  assume office on July 6, 2020.
    37    4. Members of the board shall serve until their successors  have  been
    38  appointed  and  qualified. In the event of a vacancy on the board during
    39  the term of office of a member by reason of removal, death, resignation,
    40  or otherwise, a successor shall be chosen in  the  same  manner  as  the
    41  original appointment within 60 days from the date such vacancy occurred.
    42  A  member appointed to fill a vacancy shall serve for the balance of the
    43  unexpired term. During any period in which the office of  the  chair  is
    44  vacant, the mayor shall select a member of the board to serve as interim
    45  chair until such vacancy has been filled.
    46    (c) Powers and duties of the board.
    47    1.  The board shall have the power to receive, investigate, hear, make
    48  findings and recommend action upon complaints filed by  members  of  the
    49  public,  or information received by the board or complaints initiated by
    50  the board against members of the police department that  allege  miscon-
    51  duct  involving  excessive  use  of  force, abuse of authority including
    52  bias-based policing and racial profiling, discourtesy, or use of  offen-
    53  sive  language,  including,  but not limited to, slurs relating to race,
    54  ethnicity, religion, gender,  sexual  orientation  and  disability.  The
    55  board  shall also have the power to investigate, hear, make findings and
    56  recommend action regarding the truthfulness  of  any  material  official
        S. 4354                             3

     1  statement  made  by a member of the police department who is the subject
     2  of a complaint received or initiated by the board, if such statement was
     3  made during the course of and in relation to the board's  resolution  of
     4  such  complaint.  The findings and recommendations of the board, and the
     5  basis therefor, shall be submitted to the police commissioner, who shall
     6  have no discretion in whether  to  impose  the  recommended  discipline.
     7  Where the board substantiates  one  or more allegations against a member
     8  of  the  police department and   recommends  a  level of discipline that
     9  would subject the member of the department  to  being fined,  reprimand-
    10  ed,  removed,  suspended  or dismissed   from the force,  the  complaint
    11  shall be adjudicated by a hearing officer pursuant to subdivision (d) of
    12  this  section.   No finding or recommendation shall be based solely upon
    13  an unsworn complaint or  statement,  nor  shall  prior  unsubstantiated,
    14  unfounded  or  withdrawn complaints be the basis for any such finding or
    15  recommendation.
    16    2. The board shall promulgate rules of procedure  in  accordance  with
    17  the  city  administrative  procedure act, including rules that prescribe
    18  the manner in which investigations and prosecutions are to be  conducted
    19  and  recommendations  made and the manner by which, when a member of the
    20  public is the complainant, such member of the public is to  be  informed
    21  of  the  status  of [his or her] their complaint. Such rules may provide
    22  for the establishment of panels, which shall consist of  not  less  than
    23  three  members  of  the board, which shall be empowered to supervise the
    24  investigation of matters within the  board's  jurisdiction  pursuant  to
    25  this  section,  and  to hear, make findings and recommend action on such
    26  matters. No such panel shall consist exclusively of members appointed by
    27  the council, or designated by the police commissioner, or  appointed  by
    28  the mayor.
    29    3.  The board, by majority vote of its members, may compel the attend-
    30  ance of witnesses and require the production of such records  and  other
    31  materials  as  are  necessary  for  the investigation and prosecution of
    32  matters within its jurisdiction pursuant to this chapter. The board  may
    33  request  the  corporation counsel to institute proceedings in a court of
    34  appropriate jurisdiction to enforce the subpoena power exercised  pursu-
    35  ant  to this chapter, and the board itself may, subject to chapter 17 of
    36  the charter, institute such proceedings. The board may, subject  to  any
    37  conditions  it deems appropriate, delegate to and revoke from its execu-
    38  tive  director  such  subpoena  authority  and  authority  to  institute
    39  proceedings.
    40    4.  The  board shall establish a mediation program pursuant to which a
    41  complainant may voluntarily choose to resolve a complaint  by  means  of
    42  informal conciliation.
    43    5.  The board is authorized, within appropriations available therefor,
    44  to appoint such employees as  are  necessary  to  exercise  its  powers,
    45  including but not limited to the power to initiate complaints in accord-
    46  ance  with paragraph 1 of this subdivision, and fulfill its duties.  The
    47  board shall employ civilian investigators  to  investigate  all  matters
    48  within its jurisdiction. The board shall create an administrative prose-
    49  cution  unit, staffed by attorneys and the necessary support staff, that
    50  shall handle the prosecution of substantiated  cases  before  a  hearing
    51  officer.
    52    6.  The board shall issue to the mayor and the city council a semi-an-
    53  nual report which  shall  describe  its  activities  and  summarize  its
    54  actions.  Such  report  shall  include, for each investigation initiated
    55  pursuant to  section  441,  such  investigation's  date  of  initiation,
    56  current  status and any date of completion or termination, a description
        S. 4354                             4

     1  of any investigative findings and recommendations set forth in a written
     2  statement of final  determination  and  a  description  of  any  written
     3  reports  from the police commissioner in response to a written statement
     4  of final determination.
     5    7.  The  board  shall  have the responsibility of informing the public
     6  about the board and its duties, and  shall  develop  and  administer  an
     7  on-going   program  for  the  education  of  the  public  regarding  the
     8  provisions of this chapter.
     9    (d) Hearings.
    10    1. The executive director shall appoint at least one hearing  officer,
    11  who  shall  be a civilian with no law enforcement background, to preside
    12  over and adjudicate disciplinary proceedings  and  make  final  determi-
    13  nations  in  cases where the board has substantiated one or more allega-
    14  tions against a police officer and  recommended  command  discipline  or
    15  charges and specifications.
    16    2.  The  hearing officer, upon approval of the board chair, shall have
    17  the power to punish an officer, upon a plea of guilty or  a  finding  of
    18  guilty after an administrative trial, by reprimand, forfeiting and with-
    19  holding pay for a specified time, suspension, suspension without pay, or
    20  by  dismissal  from the force. No more than thirty days' salary shall be
    21  forfeited or deducted for any offense. Members of the police  department
    22  may  be  fined,  reprimanded,  removed,  suspended or dismissed from the
    23  force only on written charges made and  preferred  against  them,  after
    24  such  charges  have been examined, heard and investigated by the hearing
    25  officer, by a preponderance of the evidence, upon such reasonable notice
    26  to the member of service charged, and in such manner or procedure, prac-
    27  tice, examination and investigation as prescribed, to the extent  appli-
    28  cable  under  sections  15-03  and 15-04 of the Rules of the City of New
    29  York.
    30    3. The conduct of such hearings shall follow, to the  extent  applica-
    31  ble,  the  parameters specified in sections 15-03 and 15-04 of the Rules
    32  of the City of New York.
    33    4. Attorneys from the board's administrative prosecution unit shall be
    34  responsible for the prosecution of cases before the hearing officer.
    35    (e) Cooperation of police department.
    36    1. It shall be the duty of  the  police  department  to  provide  such
    37  assistance  as the board may reasonably request, to cooperate fully with
    38  investigations by the board, and to provide to the  board  upon  request
    39  records  and  other  materials  which  are  necessary for investigations
    40  undertaken pursuant to this chapter, except such  records  or  materials
    41  that cannot be disclosed by law.
    42    2. The police commissioner shall ensure that officers and employees of
    43  the  police  department  appear  before  and respond to inquiries of the
    44  board and its civilian investigators in connection  with  investigations
    45  and prosecutions undertaken pursuant to this chapter, provided that such
    46  inquiries  are  conducted  in  accordance with department procedures for
    47  interrogation of members.
    48    [3. The police commissioner shall report to the board  in  writing  on
    49  any  action  taken,  including  the  level of discipline and any penalty
    50  imposed, in all cases in which the board submitted a finding  or  recom-
    51  mendation to the police commissioner with respect to a matter within its
    52  jurisdiction  pursuant to this section. In any case substantiated by the
    53  board in which the police commissioner intends to impose or has  imposed
    54  a  different penalty or level of discipline than that recommended by the
    55  board or by the deputy commissioner responsible for making  disciplinary
    56  recommendations,  the  police  commissioner  shall  provide such written
        S. 4354                             5

     1  report, with notice to the subject officer, no later than 45 days  after
     2  the  imposition  of such discipline or in such shorter time frame as may
     3  be required pursuant to an agreement between the police commissioner and
     4  the  board.  Such  report  shall  include  a detailed explanation of the
     5  reasons for deviating from the board's recommendation or the recommenda-
     6  tion of the deputy  commissioner  responsible  for  making  disciplinary
     7  recommendations  and,  in cases in which the police commissioner intends
     8  to impose or has imposed a penalty or level of discipline that is  lower
     9  than  that  recommended  by the board or such deputy commissioner, shall
    10  also include an explanation of how the final  disciplinary  outcome  was
    11  determined,  including each factor the police commissioner considered in
    12  making his or her decision.
    13    (e)] (f) The provisions of this section  shall  not  be  construed  to
    14  limit  [or impair the authority of the police commissioner to discipline
    15  members of the department. Nor shall the provisions of this  section  be
    16  construed to limit] the rights of members of the department with respect
    17  to disciplinary action, including but not limited to the right to notice
    18  and  a  hearing,  which  may  be  established by any provision of law or
    19  otherwise.
    20    [(f)] (g) The provisions of this section shall  not  be  construed  to
    21  prevent  or  hinder  the  investigation or prosecution of members of the
    22  department for violations of law by any court of competent jurisdiction,
    23  a grand jury, district attorney, or other authorized officer, agency  or
    24  body.
    25    [(g)]  (h)  1.  Beginning in fiscal year 2021 and for each fiscal year
    26  thereafter,  the  appropriations  available  to  pay  for  the  personal
    27  services  expenses  of  the  civilian complaint review board during each
    28  fiscal year shall not be less than an amount sufficient to fund personal
    29  services costs for the number  of  full-time  personnel  plus  part-time
    30  personnel,  calculated  based  on  full-time equivalency rates, equal to
    31  0.65 percent of the number of uniform budgeted headcount of  the  police
    32  department for that fiscal year, as determined consistent with published
    33  budgeted headcount documents of the office of management and budget. The
    34  calculation  to  determine  the  minimum appropriations for the personal
    35  services expenses of the civilian complaint  review  board  pursuant  to
    36  this paragraph shall be set forth in the preliminary expense budget, the
    37  executive expense budget, and the adopted budget.
    38    2.  Notwithstanding paragraph 1 and in addition to any action that may
    39  be undertaken pursuant to section 106, the appropriations  available  to
    40  pay  for the personal services expenses of the civilian complaint review
    41  board may be less than the minimum appropriations required by  paragraph
    42  1 provided that, prior to adoption of the budget pursuant to section 254
    43  or  prior  to  the adoption of a budget modification pursuant to section
    44  107, the mayor determines that such reduction is fiscally necessary  and
    45  that such reduction is part of a plan to decrease overall appropriations
    46  or  is  due  to  unforeseen  financial circumstances, and the mayor sets
    47  forth the basis for such determinations in writing to  the  council  and
    48  the  civilian  complaint  review  board  at  the  time  of submission or
    49  adoption, as applicable, of any budget or budget modification containing
    50  such reduction.
    51    § 3. Section 14-115 of the administrative code of the city of New York
    52  is amended to read as follows:
    53    § 14-115 Discipline of members. a. The commissioner shall have  power,
    54  in  [his  or  her]  the discretion of such commissioner, except civilian
    55  complaints determined by the civilian complaint review board,  in  which
    56  the  commissioner shall have no discretion, on conviction by the commis-
        S. 4354                             6

     1  sioner, or by any court or  officer  of  competent  jurisdiction,  of  a
     2  member  of  the  force  of  any  criminal  offense,  or neglect of duty,
     3  violation of rules, or neglect or disobedience  of  orders,  or  absence
     4  without  leave, or any conduct injurious to the public peace or welfare,
     5  or immoral conduct or conduct unbecoming an officer, or  any  breach  of
     6  discipline,  to  punish the offending party by reprimand, forfeiting and
     7  withholding pay for a specified time,  suspension,  without  pay  during
     8  such suspension, or by dismissal from the force; but no more than thirty
     9  days'  salary  shall  be forfeited or deducted for any offense. All such
    10  forfeitures shall be paid forthwith into the police pension fund.
    11    b. Members of the force, except as elsewhere provided herein, shall be
    12  fined, reprimanded, removed, suspended or dismissed from the force  only
    13  on  written  charges  made or preferred against them, after such charges
    14  have been examined, heard and investigated by the commissioner or one of
    15  [his or her] the deputies of  such  commissioner  upon  such  reasonable
    16  notice  to  the  member or members charged, and in such manner or proce-
    17  dure, practice, examination and investigation as such commissioner  may,
    18  by  rules and regulations, from time to time prescribe. Where the member
    19  of the force is subject to being fined, reprimanded, removed, suspended,
    20  or dismissed from the force as a result of a complaint substantiated  by
    21  the  civilian  complaint  review  board,  the  written  charges  made or
    22  preferred against the member of the force shall be examined, heard,  and
    23  investigated by a hearing officer of the civilian complaint review board
    24  upon  such  reasonable notice to the member charged, and in such manner,
    25  or procedure, practice, examination and investigation as prescribed,  to
    26  the extent applicable under sections 15-03 and 15-04 of the Rules of the
    27  City of New York.
    28    c.  The  commissioner is also authorized and empowered in [his or her]
    29  the discretion of such commissioner, except civilian  complaints  deter-
    30  mined  by the civilian complaint review board, in which the commissioner
    31  shall have no discretion, to deduct and withhold salary from any  member
    32  or  members  of  the  force,  for or on account of absence for any cause
    33  without leave, lost time, sickness  or  other  disability,  physical  or
    34  mental;  provided,  however,  that  the  salary so deducted and withheld
    35  shall not, except in case of  absence  without  leave,  exceed  one-half
    36  thereof  for the period of such absence; and provided, further, that not
    37  more than one-half pay for three days shall be deducted  on  account  of
    38  absence caused by sickness.
    39    d.  Upon  having  found  a  member  of the force guilty of the charges
    40  preferred against [him or her] such member, either  upon  such  member's
    41  plea of guilty or after trial, the commissioner or the deputy examining,
    42  hearing and investigating the charges, in [his or her] the discretion of
    43  such commissioner, except civilian complaints determined by the civilian
    44  complaint  review  board,  in  which  the  commissioner  shall  have  no
    45  discretion, may suspend judgment and place the member of  the  force  so
    46  found  guilty  upon  probation, for a period not exceeding one year; and
    47  the commissioner may impose punishment at any time during such period.
    48    § 4. Nothing in this act shall make the discipline of police  officers
    49  of  the  police department of the city of New York subject to collective
    50  bargaining or arbitration or remove police discipline from local  gover-
    51  nance.
    52    §  5.  This  act shall take effect on the thirtieth day after it shall
    53  have become a law.