As used in this chapter:
Abuse of Authority. The term "Abuse of Authority" refers to misusing police powers. This conduct includes, but is not limited to, bias-based policing and racial profiling, improper use of body worn cameras, improper searches, entries, seizures, property damage, refusals to provide identifying information, intentionally untruthful testimony and written statements made against members of the public in the performance of official police functions, and sexual misconduct.
Act of Bias. The term "act of bias" means an act by a member of the Police Department stemming from a specific incident: (i) that is motivated by or based on animus against any person on the basis of race, ethnicity, religion, gender, sexual orientation or disability, and (ii) that the Board is empowered to investigate pursuant to paragraph 1 of subdivision c of Section 440 of Chapter 18-A of the Charter.
Agency. The term "agency" has the meaning set forth in Title 1, § 1-112(1) of the New York City Administrative Code.
Agency Staff. The term "Agency Staff" means employees of the Civilian Complaint Review Board, including Board investigators.
Alleged Victim. The term "Alleged Victim" refers to the person alleging harm by the alleged police misconduct.
Bias-Based Policing. Bias-based policing means an act of a member of service of the Police Department that relies on actual or perceived, creed, age, immigration or citizenship status, gender, sexual orientation, disability, or housing status as the determinative factor in initiating law enforcement action against an individual, rather than an individual's behavior or other information or circumstances that links a person or persons to suspected unlawful activity.
Case. The term "Case" refers to an investigation undertaken by the Civilian Complaint Review Board.
Chair. The term "Chair" means the Chair of the Civilian Complaint Review Board, jointly appointed by the Mayor and the Speaker of the City Council pursuant to New York City Charter Chapter 18-A Section 440(b)(1)(v).
Charges. The term "Charges" means charges and specifications brought by the Board against an officer with respect to an allegation falling within the jurisdiction of the Board and substantiated by the Board with the recommendation of charges and specifications.
City Council Appointee. The term "City Council Appointee" refers to a member of the Board appointed by the City Council to represent one of each of the five boroughs pursuant to New York City Charter Chapter 18-A Section 440(b)(1)(i).
Civilian Complaint Review Board. The term "Civilian Complaint Review Board" or "Board" means the entity established by Local Law No. 1 for the year 1993, codified as Chapter 18-A Section 440 of the Charter.
Complainant. The term "Complainant" refers to a person with Personal Knowledge of alleged police misconduct who is filing a complaint on behalf of themselves or another person regarding the alleged misconduct.
Complaint. The term "Complaint" refers to a report of alleged police misconduct received by the Board.
Covered Entity. The term "covered entity" is used pursuant to its definition in Chapter 18-A Section 441 of the Charter. It means the Police Department, the Board, the Commission on Human Rights, the Department of Investigation, a court of competent jurisdiction, the New York State Division of Human Rights, the New York State Office of the Attorney General, the United States Equal Employment Opportunity Commission, the United States Department of Justice, or any other officer or body designated by the Board.
Executive Director. The term "Executive Director" means the chief executive officer of the Civilian Complaint Review Board, appointed pursuant to Chapter 18-A Section 440(c)(5) of the Charter.
Final Determination. For the purposes of initiating investigations pursuant to Chapter 18-A Section 441 of the Charter, the Board shall define, in consultation with each covered entity, what constitutes a covered entity's final determination that a member of the Police Department engaged in an act of bias or severe act of bias. A "final determination" must have been reached after the member of the Police Department about whom the final determination was made was afforded an opportunity to respond to the relevant allegations of bias.
Full Board. The term "Full Board" refers to all current members of the Board who have been appointed, pursuant to Chapter 18-A Section 440(b)(1) of the Charter.
Improper Use of BWC. The term "Improper Use of BWC" means when a member of service fails to turn it on, turns it off prematurely, or fails to record an incident in violation of the NYPD Patrol Guide.
Mayoral Appointee. The term "Mayoral Appointee" means one of the five members of the Board appointed by the Mayor pursuant to New York City Charter Chapter 18-A Section 440(b)(1)(iv).
Mediation. The term "Mediation" means an informal process, voluntarily agreed to by a Complainant and/or Alleged Victim and the subject officer and conducted with the assistance of a neutral third party, engaged in for the purpose of fully and frankly discussing alleged misconduct and attempting to arrive at a mutually agreeable resolution of a complaint.
Personal Knowledge. The term "Personal Knowledge" means knowledge of a circumstance or fact gained through firsthand observation or experience.
Police Commissioner. The term "Police Commissioner" means the Police Commissioner of the New York City Police Department, and where appropriate, his or her designee.
Police Commissioner Designee. The term "Police Commissioner Designee" means one of the three members of the Board with a law enforcement background designated by the Police Commissioner and appointed by the Mayor pursuant to New York City Charter Chapter 18-A Section 440(b)(1)(iii).
Police Department. The term "Police Department" means the New York City Police Department.
Police Department Advocate. The term "Police Department Advocate" means the Department Advocate, and includes any Assistant Department Advocate of the Police Department.
Prosecution. The term "Prosecution" means the administrative prosecution of department Charges before a Trial Commissioner and includes all matters undertaken pursuant to such prosecution.
Public Advocate Appointee. The term "Public Advocate Appointee" means the member of the Board appointed by the Public Advocate pursuant to New York City Charter Chapter 18-A Section 440(b)(1)(ii).
Racial Profiling. The term "Racial Profiling" means a law enforcement action initiated by a member of the Police Department against a civilian that is motivated, at least in part, by the civilian's actual or perceived race, color, ethnicity or national origin, unless the decision to initiate the law enforcement action is based on a specific and reliable description of a suspect in a recently reported crime or series of crimes that includes not just race, age, and gender, but other identifying characteristics or information. Racial profiling includes, but is not limited to, targeting a civilian for any law enforcement action because the civilian is a member of a racial or ethnic group that appears more frequently in the Police Department's local crime suspect data.
Reporting Non-Witness. The term "Reporting Non-Witness" refers to a person(s) without personal knowledge of the alleged police misconduct filing a complaint on behalf of another person.
Severe Act of Bias. A "severe act of bias" is an act of bias by a member of the Police Department that (i) causes death, physical injury, or serious psychological or economic injury to the victim(s) of the act, (ii) subjects the victim(s) of the act to demeaning, degrading, or humiliating treatment, or (iii) involves criminal conduct, sexual misconduct, threat of violence, or conduct that otherwise shocks the conscience.
Sexual Misconduct. The term "Sexual Misconduct" encompasses misconduct of a sexual nature alleged by a civilian against a member of the Police Department. It includes, but is not limited to, the following examples of misconduct: verbal sexual harassment; sexual harassment using physical gestures; sexual humiliation; sexually motivated police actions such as stops, summonses, searches, or arrests; sexual or romantic propositions; and any intentional bodily contact of a sexual nature, including but not limited to, inappropriate touching, sexual assault, rape, and on-duty sexual activity.
Sexual Humiliation. The term "Sexual Humiliation" refers to incidents in which an officer gratuitously shames or degrades a civilian in relation to their sexual organs or sexual behavior.
Trial Commissioner. The term "Trial Commissioner" refers to the Deputy Commissioner of Trials or the Assistant Deputy Commissioner of Trials of the Police Department.
Victim. The term "Victim" refers to the person harmed by at least one or more substantiated allegation(s) of police misconduct.
(Amended City Record 1/2/2018, eff. 2/1/2018; amended City Record 2/24/2021, eff. 3/26/2021; amended City Record 9/22/2022, eff. 10/22/2022)