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CCRB Public Hearing Jan. 13 on Expanding Agency’s Remit to Investigate Alleged NYPD Sexual Misconduct

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Photo by Gianandrea Villa on Unsplash

The New York City Civilian Complaint Review Board (CCRB) will hold a public comment hearing on Wednesday, Jan. 13, on its new rules which were proposed last year and which if put in place would restart investigations by the agency into allegations of sexual misconduct by NYPD officers. The new rules would also allow the CCRB to investigate allegations of false official statements made by NYPD officers against civilians in official proceedings, or on official police paperwork.

 

The proposed new rules can be found here. CCRB officials said all New Yorkers are welcome to attend and submit public comment at the public hearing. All participants, including members of the media, must register for this event through Webex.

 

Scheduled to speak at the event are Nick E. Smith, first deputy public advocate at the Office of the New York City Public Advocate, Alvin Bragg, visiting professor of law and co-director of the Racial Justice Project at New York Law School, Christopher Dunn, legal director at the New York Civil Liberties Union, and Quadira Coles, policy manager at Girls for Gender Equity. Additional speakers may be confirmed.

 

The virtual hearing will take place at 6:30 p.m. (Jan. 13). Register via Webex to receive a link and password for the event.

 

In February 2018, pursuant to the agency’s abuse of authority jurisdiction, the CCRB voted, by resolution, that it would begin investigating allegations of sexual misconduct that it had previously referred to the NYPD. In May 2020, following a lawsuit filed by an NYPD union, the Appellate Division, First Department Court determined that the CCRB could not proceed with the proposed changes to its process (to expand its remit to investigate sexual misconduct by police officers) by way of board resolution, and would, instead, have to go through a specific rule-making process specified in the City Administrative Procedure Act.

 

In a November 9th, 2020 press release, the CCRB published its new proposed rules for public comment, in accordance with the law. The proposed rules would empower the agency to proceed with the investigation of sexual misconduct, and allegations of untruthful statements made by police officers against civilians in official proceedings, or on official NYPD or court documents.

 

According to the press release, once the new rules are published, a minimum 30-day public comment period is required, followed by a public hearing on the new rules, which is now scheduled for Jan. 13. Once this is completed, the CCRB Board can, once again, vote on whether to investigate allegations of sexual misconduct made against an NYPD officer. CCRB chair, Fred Davie, wrote in the Nov. 9 press release, “The CCRB is prepared to do the work we set out to do in 2018 — to investigate allegations of sexual misconduct by members of the NYPD, and administratively prosecute them when necessary.”

 

He added, “There is no question sexual misconduct is a gross abuse of police authority and New Yorkers need an investigatory body outside of the police department that can receive and investigate these allegations. It is my hope that the Board swiftly adopts these new rules and restarts this work on behalf of all New Yorkers.”

 

It was also noted in the November 9th press release that New York City voters’ had decided to expand the CCRB’s remit to have the agency review alleged untruthful statements made by NYPD personnel. The CCRB has therefore proposed in its new operating rules that the agency’s abuse of authority jurisdiction will also include a review of alleged untruthful statements made by NYPD personnel regarding a civilian during sworn testimony, or on official documentation.

 

CCRB executive director, Jonathan Darche, wrote in the Nov. 9 press release, “These kinds of false statements are as much an abuse of police authority as any abuse of authority allegation currently investigated by the Agency.” He added, “When an officer makes a material false statement in a court proceeding, or on official police paperwork, they are directly harming a civilian, breaking the public trust, and betraying their oath. This misconduct directly implicates CCRB’s abuse of authority jurisdiction and should be investigated by the agency.”

 

CCRB officials said that speaking at the CCRB Board meeting is open to all, and anyone who has questions about speaking or requests regarding accessibility, or who may need language interpretation assistance, can email accessibility@ccrb.nyc.gov. Interpretation services are free upon request. For more information, visit nyc.gov/ccrb.

 

As reported previously by the Norwood News, the CCRB is a city agency empowered to investigate, mediate, prosecute, and recommend disciplinary action for complaints alleging misconduct by NYPD officers.

 

The agency’s jurisdiction includes excessive and unnecessary force, abuse of authority, discourtesy, and use of offensive language. To further this mission, CCRB issues monthly, biannual, and special statistical and qualitative reports analyzing trends and recurring issues arising from the many thousands of civilian complaints it receives each year.

 

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