Implementation of MOU regarding Prosecution of Substantiated Civilian Complaints

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 26, 2012
Download Copy of Proposed Rule (.pdf): 

  

 

Statement of Basis and Purpose

 

Chapter 15 of Title 38 of the Rules of the City of New York outlines the rules governing adjudication of disciplinary proceedings applicable to uniform and civilian members of the New York City Police Department. The Rules require amendment due to the execution in April, 2012 of a Memorandum of Understanding by the Civilian Complaint Review Board and the New York City Police Department, concerning the prosecution of substantiated civilian complaints.

 

Subchapter B of Chapter 15, entitled "Substantiated Civilian Complaints Against Uniform Members," was promulgated in 2001 in order to implement the terms of a similar memorandum, executed that year, which ultimately did not take effect. The proposed amendments to Subchapter B would update the rules to reflect the terms of the Memorandum of Understanding executed in 2012, which will take effect when these Rule amendments take effect.

 

The Memorandum of Understanding reflects an agreement between the two agencies that the Civilian Complaint Review Board, rather than the New York City Police Department, will conduct administrative prosecutions of substantiated civilian complaints in which the Board has recommended that Charges and Specifications be preferred against a subject officer. The Memorandum of Understanding outlines the responsibilities of the two agencies, including provisions regarding mutual assistance, information sharing, and the procedures to be followed by both agencies as the prosecutions proceed.

 

Conforming changes are also made to Subchapter A of Chapter 15, entitled "Disciplinary Proceedings Against Civilian and Uniform Members before the Deputy Commissioner of Trials," to incorporate the participation of attorneys of the Civilian Complaint Review Board in the disciplinary prosecution process, as well as to update the Rules to reflect current procedures.

 

 

 

 

 

Public Hearing
Subject: 

Opportunity to comment on proposed rule amendment pertaining to displinary proceedings against civilian and uniform members of the Police Department.

Public Hearing Date: 
Wednesday, November 28, 2012 -
11:00am to 1:00pm
Contact: 

Deputy Commissioner, Legal Matters,
One Police Plaza, Room 1406,
New York, New York 10038

Location: 
Brooklyn Borough Hall, The Community Room, 1st Floor
209 Joralemon Street
Brooklyn, NY 11209