CCRB Proposed Rule Amendments
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule The purpose of these revised rules is to simplify the language in the rules to make them easier for the public to understand, to accelerate investigations and make them more transparent to the public, and to codify Board resolutions that were previously voted on and adopted. Specifically, the proposed rules: • Add definitions to clarify the meaning of “Full Board,” “Agency Staff,” “Personal Knowledge,” “Complainant,” “Reporting Non-Witness,” “Victim,” and “Case.” • Move all definitions to section §1-01. • In defining terms “Complainant,” “Reporting Non-Witness,” and “Victim,” differentiate between various types of individuals who report and are involved in incidences of force, abuse of authority, discourtesy, and offensive language investigated by the Civilian Complaint Review Board. • Delineate who must be kept informed of resolutions at various stages of a case. • Add sections §1-11 and §1-15 to explain how CCRB starts to investigate complaints, who may report such a complaint, and the time limitations which affect when a complaint can be filed with the agency. • Provide further detail regarding form statements and warnings read by investigators at the Civilian Complaint Review Board to both officers and civilians prior to a statement being taken. • To prevent unreasonable delays in CCRB’s operations, allow flexibility in panel composition and remove the requirement for voting by Board members to be in-person or by videoconference. • Update the types of case dispositions to reflect the current types of dispositions used by the Civilian Complaint Review Board. • Adjust the specific subsections of case disposition recommendations the Executive Director can review and close without Board approval to reflect a Board resolution made on April 8, 2015. • Codify Board resolutions made in 2014 allowing the Administrative Prosecution Unit to request Board reconsideration or dismissal of allegations pending prosecution. • Adjust the language of §1-46 to hold proposed pleas negotiated by the Administrative Prosecution Unit in abeyance until approved by the Police Commissioner. • Reword §1-54 to clarify a Reporting Non-Witness’s role in the mediation process and adjust language to clarify that parties are not required to sign an agreement after the mediation process is completed. • Move the reconsideration section from §1-55 to §1-36, and rewrite the section to more clearly explain the reconsideration process when various individuals and entities request reconsideration or the reopening of a case, the factors to be considered in whether to reopen a case for reconsideration, and the process by which a case is reconsidered. • Provide more autonomy to the Executive Director to refer complaints outside of the Civilian Complaint Review Board’s jurisdiction to other appropriate agencies. • Codify the Executive Director’s current role in managing the day-to-day operations of the Civilian Complaint Review Board. • Add a section allowing the Board Chair to have the authority to create committees and subcommittees to assist the Civilian Complaint Review Board. In proposing these rule revisions, the Civilian Complaint Review Board has ensured they comply with § 50-a of the New York Civil Rights Law. Civilian Complaint Review Board’s authority for these rules is found in Sections 1043 and 440 of the New York City Charter.