L.L. 1995/013

Enactment date: 1/19/1995

Int. No. 402-A

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

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 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.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 180 days after its enactment into law.