a. Definitions. For purposes of this section, the following terms shall have the following meanings:
Data. The term "data" means final versions of statistical or factual information in alphanumeric form that can be digitally transmitted or processed.
Department personnel. The term "department personnel" means police officers and school safety agents employed by the department.
Force. The term "force" includes but is not limited to the use of (i) a firearm; (ii) physical force; (iii) a chemical agent; (iv) a baton; (v) mechanical restraints, except when used in the course of making an arrest; or (vi) a conducted energy device.
Mechanical restraints. The term "mechanical restraints" means any device or material attached or adjacent to the body that restricts freedom of movement or normal access to any portion of the body and that the individual cannot easily remove, including handcuffs and nylon/Velcro restraining devices.
Violation. The term "violation" means alleged student misbehavior occurring within a New York city public school or on school grounds that does not constitute a felony or misdemeanor and that, if committed by an adult, would constitute an offense defined by a section of the penal law.
b. Report of activity relating to schools. The department shall submit to the council on a quarterly basis, a report based on data reflecting criminal summons, civil summons, arrest, and non-criminal incident activity from the preceding quarter. Such report shall be disaggregated by patrol borough and include, at a minimum:
1. the number of individuals arrested and/or issued a criminal summons by school safety agents or police officers assigned to the school safety division of the department;
2. in those cases where arrests were made or criminal summonses were issued: (i) the charges (including penal law section or other section of law), and (ii) whether the charge was a felony, misdemeanor or violation;
3. the number of individuals issued a civil summons by school safety agents or police officers assigned to the school safety division of the department; and
4. the number and type of non-criminal incidents that occurred.
c. For the data provided pursuant to paragraphs one and two of subdivision b, such report shall include: (i) the charges (including applicable section of law); (ii) whether the incident occurred in connection with metal detector or magnetometer scanning; and (iii) whether department personnel used force and the type of force used. The data provided pursuant to paragraph one of subdivision b shall also specify whether the charge was a felony, misdemeanor or violation and whether the incident with respect to which the arrest or issuance of a summons occurred was school related, in that it occurred within a New York public school or on school grounds or was otherwise related to the public school community.
d. The data provided pursuant to paragraphs one through three of subdivision b shall, for each such paragraph, where practicable based upon the manner in which the applicable records are maintained, be disaggregated by race/ethnicity, year of birth, gender, and, where the individual is a student, whether the individual is receiving special education services and whether the individual is an English Language Learner, provided that such disaggregated data reported pursuant to this subdivision shall not be reported for each school building but rather shall be reported by patrol precinct.
e. Use of permanent and temporary metal detectors. The department shall submit to the council on a quarterly basis a report including: (i) a list of school buildings with permanent metal detectors; (ii) a list of school buildings subjected to random scanning; (iii) a list of schools that have requested the removal of metal detectors; and (iv) a list of schools for which a requested removal of metal detectors has been honored. In addition, the department shall on an annual basis report on the amounts and types of contraband seized as a result of metal detector scanning, disaggregated by school building. Such types shall include but not be limited to firearms, knives, boxcutters and laser pointers.
f. Report of complaints against school safety agents. The department shall submit to the council on a quarterly basis a report of complaints against school safety agents from the preceding quarter. Such report shall include, at a minimum, disaggregated by patrol precinct:
1. The total number of complaints originating at or relating to public schools, alleging excessive use of force, abuse of authority, discourtesy or use of offensive language, with abuse of authority complaints disaggregated by specific allegations of disputed arrest and confiscation of student property;
2. The number of open complaints at the end of the preceding quarter and the number of days each complaint has been pending and the result of the complaint;
3. The number of school safety agents with open complaints who have been the subject of a prior complaint; and
4. The number of injuries sustained by department personnel resulting from student misconduct, including the number of times that department personnel have as a result of such misconduct been transferred by emergency medical services, whether provided by the fire department or another authorized ambulance service, for medical evaluation or treatment.
g. Public education. Operators of the 311 system shall inform any caller seeking to make a complaint against a school safety agent that the complaint will be electronically transferred to the internal affairs bureau of the New York city police department.
h. Disclosure limitations. The information, data, and reports required by this section shall be subject to the disclosure limitations of section 14-150 of this chapter.
i. Reports due at end of reporting period. The information, data, and reports required by this section shall be provided to the council and posted to the department's website within thirty days of the end of the reporting period to which the reports correspond or for which the relevant data may be collected, whichever is later. Where necessary, the department may use preliminary data to prepare the required reports and may include an acknowledgment that such preliminary data is non-final and subject to change.
(Am. L.L. 2015/093, 10/13/2015, eff. 1/1/2016; Am. L.L. 2016/071, 6/13/2016 and 6/13/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/006, L.L. 2015/093 and L.L. 2016/071.