L.L. 1997/089

Enactment date: 11/17/1997

Int. No. 1039-A

By Council Members Dear and Linares; also Council Members O'Donovan, Robles, Williams and Abel

A Local Law in relation to a playground name, Lt. Federico Narvaez Tot-Lot, Borough of Brooklyn

Be it enacted by the Council as follows:

Section 1. The following playground name is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Lt. Federico Narvaez Tot-Lot	Argyle Road Tot Lot	an existing playground located at Cortelyou Road and Argyle Road

 

§ 2. This local law shall take effect immediately.

L.L. 1997/091

Enactment date: 11/25/1997

Int. No. 961

By the Speaker (Council Member Vallone) and Council Members Pinkett, Leffler, Clarke, Fisher, White, Robles, Henry, Marshall, Michels and the Public Advocate (Mr. Green); also Council Members Cruz, Eisland, Foster, Harrison, O'Donovan, Povman, Watkins, Williams, Spigner, Koslowitz, Linares and Robinson

A Local Law to amend the New York city charter, in relation to the establishment of an independent police investigation and audit board

Be it enacted by the Council as follows:

Section 1. Legislative Findings of Fact and Declaration of Policy. The Council hereby finds that it is essential to the safety and well-being of the residents of the City of New York that members of the New York City Police Department be held to the highest standard of conduct and integrity in the performance of their professional responsibilities. As a society, we confer upon police officers the power to make arrests and, where necessary, use force, in order to protect public order, prevent crime and apprehend criminals. If the trust and confidence of the public is to be maintained, members of the police force must conduct themselves honestly, in a manner commensurate with the high degree of trust placed in them.

The Council finds that the vast majority of police officers discharge their duties honestly and with integrity. A relatively small number of police officers, however, have been found to engage in serious criminal activities, particularly in connection with the illegal drug trade. This was the finding of the Commission to Investigate Allegations of Police Corruption and the Anti-Corruption Procedures of the Police Department, better known as the "Mollen Commission." In July 1994, after an extensive investigation lasting almost two years, the Mollen Commission issued its final report. Among its key findings, the Commission concluded that the Police Department's internal anti-corruption systems had been allowed to deteriorate to the point where they "minimized, ignored and at times concealed corruption, rather than root it out."

The Commission concluded that the Department must retain primary responsibility for policing itself and maintaining integrity within its ranks. To that end, the Commission recommended a "dual track approach" calling for reform of the Department's internal anti-corruption structure and the creation of an independent police monitor to insure that the structure is working effectively.

The Council finds, as did the Mollen Commission, that once the glare of publicity has dimmed, the Police Department's commitment to zealously root out corruption will eventually diminish unless an independent entity continues to closely monitor the Department's anti-corruption efforts as well as independently investigate allegations of illegal activities. The purpose of this legislation is to create such an independent mechanism based upon the model proposed by the Mollen Commission.

The Independent Police Investigation and Audit Board created herein will have both the power to audit and examine the Police Department's own anti-corruption efforts and the ability to conduct independent corruption investigations backed by the power to issue subpoenas. It is, however, the Council's intention that the Police Department continue to have the primary responsibility for detecting and preventing internal corruption. The Council is also aware of the vital role played by other offices, such as the City's District Attorneys, in exposing and prosecuting acts of official corruption. The Council recognizes the need for cooperation and coordination among the responsible agencies in order to avoid duplication of efforts and interference with ongoing investigations and other legitimate law enforcement activities. For these reasons, the legislation requires the Board to enter into protocols with the Police Commissioner, the District Attorneys and the Civilian Complaint Review Board in order to create a structure in which such cooperation and coordination will be facilitated.

On November 23, 1994, after extensive public debate and consideration, the Council adopted Int. No. 402-A, which created an Independent Police Investigation and Audit Board. The legislation was vetoed by Mayor Giuliani on December 23, 1994. On January 19, 1995, the Council overrode the Mayor's veto, and Int. No. 402-A became Local Law 13 of 1995. Subsequently, Mayor Giuliani instituted a judicial proceeding against the City Council seeking to declare Local Law 13 invalid.

On June 28, 1995, Justice Beatrice Shainswit of the New York State Supreme Court, New York County, held Local Law 13 to be invalid on the ground that, absent a referendum, the Council's power to appoint members of the Independent Police Investigation and Audit Board unlawfully interfered with the Mayor's authority to appoint "officers of the City" pursuant to § 6(a) of the Charter. The court found that the Board's authority pursuant to Local Law 13 to "assist the police department to formulate and implement policies to detect and eliminate corruption" was sufficient to confer the status of "officers of the City" upon Board members, for the purposes of Charter § 6(a).

On January 9, 1997, the First Department of the Supreme Court Appellate Division affirmed the Supreme Court's ruling that Local Law 13 was invalid. The Appellate Division's sole basis for this ruling was that the law interfered with the Mayor's appointment powers under the Charter. The Appellate Division declined to sever the Council's appointment power from Local Law 13, pointing to the fact that the law was adopted without a severability clause. The Court failed to give effect to § 1153 of the Charter, which expressly provides that "[i]f any provision of this charter ... shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, it is the purpose and intent of this charter that all other provisions thereof shall nevertheless be separately and fully effective and that the application of any such provision to other persons or situations shall not be affected."

The New York State Court of Appeals has refused to grant the Council leave to appeal the decision of the Appellate Division. It is therefore the intention of the Council to amend and re-adopt the disputed legislation, curing those purported legal defects found by the two lower courts.

The Council hereby reaffirms its conviction that the creation of an Independent Police Investigation and Audit Board would benefit the police force and enhance the public's trust and confidence in the Police Department. In order to address the issues raised by the courts, the five members of the Board created by this legislation shall be appointed by the Mayor; two of those members shall be designated by the City Council. The chair shall be appointed by the Mayor after consultation with the Speaker of the Council. This appointment structure is based on that of the Civilian Complaint Review Board (Charter § 440(b)(1)) and the Campaign Finance Board (Charter § 1052(a)(1)).

Contrary to the finding of the lower court, it was not the Council's intention to vest the Board with policy-making authority by allowing it to "assist" the Police Department to formulate and implement policies to detect and eliminate corruption. The plain language of the bill, and the statement of legislative intent, made clear that the legislation was not intended to interfere with the Police Commissioner's primary role in investigating corruption and disciplining members, nor the executive authority to manage the Police Department. In order to clarify the Council's intention in this regard, the language of the bill has been amended to permit the Board to make non-binding recommendations to the Police Department regarding the formulation and implementation of anti-corruption policies and programs, similar to its authority to make recommendations for the improvement of the Department's anti-corruption systems.

Finally, an express severability clause is contained in the law, making clear the Council's intention that should any portion of the law be held invalid, the court should use its power to strike only the invalid portion of the law, leaving the rest intact.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 90 days after its enactment into law.

L.L. 1997/093

Enactment date: 12/1/1997

Int. No. 1028

By Council Members Foster and Robinson; also Council Members O'Donovan and Williams

A Local Law in relation to a corner name, Kudirat Abiola Corner, Borough of Manhattan

Be it enacted by the Council as follows:

Section 1. The following corner name is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Kudirat Abiola Corner	(none)	the northeast corner at the intersection of Second Avenue and East 44th Street

 

§ 2. This local law shall take effect immediately.

L.L. 1997/094

Enactment date: 12/30/1997

Int. No. 1074-A

By Council Members Koslowitz and Dear (in conjunction with the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the towing of vehicles and the removal of accident vehicles

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

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§ 9. Section 28 of local law number 112 for the year 1993, as amended by section one of local law number 20 for the year 1997, is amended to read as follows:

§ 28. This local law shall take effect one hundred and twenty days after it shall have been enacted into law, provided, however, that sections six, [ten,] thirteen, fifteen, [seventeen,] twenty, twenty-one and twenty-four shall expire and shall be of no further force and effect on December 31, 1997, and, provided further, that the commissioner of consumer affairs may promulgate any necessary rules and take any actions necessary for the timely implementation of this local law prior to such effective date.

§ 10. If any clause, sentence, paragraph, section or part of the administrative code of the city of New York added by this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly invoked in the controversy in which such judgment shall have been rendered.

§ 11. Section nine of this local law shall take effect immediately and shall be retroactive to and shall be deemed to have been in full force and effect on December 31, 1997. Sections one, two, five, six and seven of this local law shall take effect immediately. Sections three, four and eight of this local law shall take effect six months after the date of enactment of this local law, provided, however, that persons who have been approved by the commissioner of the department of consumer affairs for participation in the directed accident response program on or before the effective date of this local law shall certify to such commissioner that they meet the requirements imposed by sections three, four and eight of this local law on or before the effective date of such sections, and provided, further, that such commissioner may promulgate any necessary rules and take any other actions necessary for the timely implementation of this local law prior to such effective date. It is further provided that if a person who has been approved by the commissioner of the department of consumer affairs for participation in the directed accident response program on or before the effective date of this local law fails to certify that he or she meets the requirements imposed by sections three, four and eight of this local law on or before the effective date of such sections, such person shall be removed from continued participation in such program unless and until such person reapplies and is determined to meet the requirements in effect at the time of such application for participation in the directed accident response program. Nothing in this local law shall affect the expiration of sections six, thirteen, fifteen, twenty, twenty-one and twenty-four of local law number 112 for the year 1993 as provided for in section nine of this local law.