Implementation of MOU regarding Prosecution of Substantiated Civilian Complaints

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Thursday, April 11, 2013

 

STATEMENT OF BASIS AND PURPOSE OF RULES CHANGES

 

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 required 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 amendments to Subchapter B 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 were 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.