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NY S05252
Bill
Status
2/26/2021
Primary Sponsor
Jamaal Bailey
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AI Summary
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Removes police commissioner discretion over discipline in civilian complaint cases by establishing that the Civilian Complaint Review Board's disciplinary determinations are final and binding, not subject to commissioner override.
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Creates a hearing officer position appointed by the board's executive director to preside over and adjudicate disciplinary proceedings for cases where the board substantiates allegations and recommends discipline.
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Establishes an administrative prosecution unit within the board staffed by attorneys to prosecute substantiated cases before the hearing officer, replacing the current police department role in discipline decisions.
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Authorizes the hearing officer to impose discipline including reprimand, salary forfeiture (up to 30 days), suspension, or dismissal based on preponderance of evidence and following applicable Rules of the City of New York sections 15-03 and 15-04.
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Removes language allowing the police commissioner to deviate from board discipline recommendations and requires the board to investigate and prosecute civilian complaints involving excessive force, abuse of authority, discourtesy, and offensive language.
Legislative Description
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.
Last Action
REFERRED TO CITIES 1
1/5/2022