Mayor Michael R. Bloomberg, City Council Speaker Christine C. Quinn, Police Commissioner Raymond W. Kelly and Civilian Complaint Review Board Chair Daniel D. Chu today announced an agreement to provide the Civilian Complaint Review Board with prosecutorial authority for all substantiated police misconduct cases. Civilian Complaint Review Board prosecutions will provide independence in prosecution of misconduct cases and increase overall transparency in the process. The agreement expands on a successful pilot program introduced by Commissioner Kelly in early 2010 that, for the first time, gave Civilian Complaint Review Board attorneys prosecutorial authority. Currently, police misconduct complaints made to the Civilian Complaint Review Board are investigated by the Board and, if substantiated , the case is referred to the NYPD for prosecution. Under the agreement, the Police Commissioner retains the authority and discretion to make final disciplinary determinations under the new process, but if the Commissioner imposes discipline different than that recommended through the trial process, the reasons for the change must be documented.

“We have no tolerance for corruption or misconduct, and over the last decade the NYPD has aggressively investigated cases developed internally, and through the CCRB,” said Mayor Bloomberg. “Today’s agreement expands on our pilot program empowering CCRB prosecutors, strengthening our strong monitoring and regulation of police conduct. We expect members of the NYPD to live up to their name – New York’s Finest – and I know they will continue to do so.”

“This delegation of authority to CCRB will provide significant improvement in police accountability and transparency in the civilian complaint review process. I am certain it will also increase public confidence in the system,” said Speaker Quinn. “The public needs to know that when they file a legitimate, serious complaint it will undergo an appropriate process of review and – if substantiated – prosecution.”

“Today’s agreement builds on the cooperative relationship between the NYPD and CCRB that began with a successful pilot program in the prosecution of substantiated cases,” Police Commissioner Kelly.

“This agreement is a milestone in the history of civilian police oversight in New York City,” said CCRB Chair Chu. “Public confidence in the disciplinary process will be strengthened by having the CCRB, an independent agency, prosecuting these cases.”

With Civilian Complaint Review Board attorneys handling prosecutions, it will ensure prosecutions are conducted by the investigating entity that initially developed the case and has an established relationship with the civilian who made the compliant.

Under the agreement, the Civilian Complaint Review Board will establish a unit of qualified and experienced attorneys and support staff to undertake in a timely and effective manner the responsibility for administrative prosecution of substantiated civilian complaints. Attorneys and support staff will be trained in all aspects of NYPD procedures and policies relevant to administrative prosecutions. The Civilian Complaint Review Board will make hires as necessary for the board to carry out its new authority.

If the Civilian Complaint Review Board believes an officer should be suspended or placed on modified assignment during the course of the Board’s investigation, the Board will make recommendations to the Police Commissioner.

The Police Commissioner can determine if a Civilian Complaint Review Board prosecution would be detrimental to the disciplinary process and should not proceed. This will only occur in cases where there is an ongoing parallel or related criminal investigation or when the officer in question has no disciplinary record.

(YWN Desk – NYC)