S T A T E   O F   N E W   Y O R K
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                                  4284

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Cities

AN  ACT  to amend the New York city charter, in relation to establishing
  the civilian summons review board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The New York city charter is amended by adding a new chap-
ter 31-A to read as follows:
                              CHAPTER 31-A
                      CIVILIAN SUMMONS REVIEW BOARD
  S 760. CIVILIAN SUMMONS REVIEW BOARD.  A.    AN  INDEPENDENT  CIVILIAN
SUMMONS REVIEW BOARD IS HEREBY ESTABLISHED AS A BODY COMPRISED SOLELY OF
MEMBERS  OF  THE PUBLIC WITH THE AUTHORITY TO REVIEW SUMMONSES ISSUED BY
EMPLOYEES OF THE DEPARTMENT OF SANITATION AS PROVIDED IN THIS SECTION.
  1. THE CIVILIAN SUMMONS REVIEW BOARD SHALL CONSIST OF ONE  CHAIRPERSON
AND  TWELVE ADDITIONAL MEMBERS OF THE PUBLIC APPOINTED BY THE MAYOR, WHO
SHALL BE RESIDENTS OF THE CITY OF NEW YORK. ALL  MEMBERS  OF  THE  BOARD
SHALL BE APPOINTED AS FOLLOWS:
  (I)  FIVE MEMBERS, ONE FROM EACH OF THE FIVE BOROUGHS, SHALL BE DESIG-
NATED BY THE CITY COUNCIL;
  (II) THREE MEMBERS WITH  EXPERIENCE  IN  PUBLIC  SANITATION  SHALL  BE
DESIGNATED BY THE SANITATION DEPARTMENT; AND
  (III)  THE REMAINING FIVE MEMBERS, INCLUDING THE CHAIRPERSON, SHALL BE
SELECTED BY THE MAYOR.
  NO MEMBER OF THE BOARD SHALL HOLD ANY OTHER PUBLIC OFFICE  OR  EMPLOY-
MENT.
  2.  THE  MEMBERS  SHALL  BE APPOINTED FOR TERMS OF THREE YEARS, EXCEPT
THAT OF THE MEMBERS FIRST APPOINTED, FOUR SHALL BE APPOINTED  FOR  TERMS
OF  ONE  YEAR, OF WHOM ONE SHALL HAVE BEEN DESIGNATED BY THE COUNCIL AND
TWO SHALL HAVE BEEN DESIGNATED BY THE  DEPARTMENT  OF  SANITATION,  FOUR
SHALL  BE  APPOINTED FOR TERMS OF TWO YEARS, OF WHOM TWO SHALL HAVE BEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06940-01-5
              

A. 4284                             2

DESIGNATED BY THE COUNCIL, AND FIVE SHALL  BE  APPOINTED  FOR  TERMS  OF
THREE  YEARS,  OF WHOM TWO SHALL HAVE BEEN DESIGNATED BY THE COUNCIL AND
ONE SHALL HAVE BEEN DESIGNATED BY THE DEPARTMENT OF SANITATION.
  3. IN THE EVENT OF A VACANCY ON THE BOARD DURING THE TERM OF OFFICE OF
A  MEMBER  BY  REASON  OF  REMOVAL,  DEATH, RESIGNATION, OR OTHERWISE, A
SUCCESSOR SHALL BE CHOSEN IN THE SAME MANNER AS  THE  ORIGINAL  APPOINT-
MENT.   A MEMBER APPOINTED TO FILL A VACANCY SHALL SERVE FOR THE BALANCE
OF THE UNEXPIRED TERM.
  4. THE CHAIRPERSON MAY APPOINT AN EXECUTIVE DIRECTOR WHO SHALL  MANAGE
DAY TO DAY OPERATIONS.
  B.  1.  THE  BOARD SHALL HAVE THE POWER TO RECEIVE, INVESTIGATE, HEAR,
MAKE FINDINGS AND RECOMMEND ACTION UPON COMPLAINTS  BY  MEMBERS  OF  THE
PUBLIC  AGAINST  EMPLOYEES  OF  THE SANITATION DEPARTMENT CONCERNING THE
ISSUANCE OF SUMMONSES BY SUCH EMPLOYEES. THE  FINDINGS  AND  RECOMMENDA-
TIONS  OF  THE  BOARD, AND THE BASIS THEREFOR, SHALL BE SUBMITTED TO THE
DEPARTMENT OF SANITATION. NO FINDING OR RECOMMENDATION  SHALL  BE  BASED
SOLELY  UPON  AN  UNSWORN COMPLAINT OR STATEMENT, NOR SHALL PRIOR UNSUB-
STANTIATED, UNFOUNDED OR WITHDRAWN COMPLAINTS BE THE BASIS FOR ANY  SUCH
FINDING OR RECOMMENDATION.
  2.  THE  BOARD  SHALL PROMULGATE RULES OF PROCEDURE IN ACCORDANCE WITH
THE CITY ADMINISTRATIVE PROCEDURE ACT, INCLUDING  RULES  THAT  PRESCRIBE
THE  MANNER  IN WHICH INVESTIGATIONS ARE TO BE CONDUCTED AND RECOMMENDA-
TIONS MADE AND THE MANNER BY WHICH A MEMBER  OF  THE  PUBLIC  IS  TO  BE
INFORMED  OF  THE STATUS OF HIS OR HER COMPLAINT. SUCH RULES MAY PROVIDE
FOR THE ESTABLISHMENT OF PANELS, WHICH SHALL CONSIST OF  NOT  LESS  THAN
THREE  MEMBERS  OF  THE BOARD, WHICH SHALL BE EMPOWERED TO SUPERVISE THE
INVESTIGATION OF COMPLAINTS, AND TO HEAR, MAKE  FINDINGS  AND  RECOMMEND
ACTION  ON  SUCH  COMPLAINTS. NO SUCH PANEL SHALL CONSIST EXCLUSIVELY OF
MEMBERS DESIGNATED BY THE COUNCIL, OR DESIGNATED BY  THE  DEPARTMENT  OF
SANITATION, OR SELECTED BY THE MAYOR.
  3.  THE BOARD, BY MAJORITY VOTE OF ITS MEMBERS, MAY COMPEL THE ATTEND-
ANCE OF WITNESSES AND REQUIRE THE PRODUCTION OF SUCH RECORDS  AND  OTHER
MATERIALS AS ARE NECESSARY FOR THE INVESTIGATION OF COMPLAINTS SUBMITTED
PURSUANT TO THIS SECTION.
  4.  THE BOARD IS AUTHORIZED, WITHIN APPROPRIATIONS AVAILABLE THEREFOR,
TO APPOINT SUCH EMPLOYEES AS ARE NECESSARY TO EXERCISE  ITS  POWERS  AND
FULFILL  ITS  DUTIES.  THE  BOARD SHALL EMPLOY CIVILIAN INVESTIGATORS TO
INVESTIGATE ALL COMPLAINTS.
  5. THE BOARD SHALL HAVE THE RESPONSIBILITY  OF  INFORMING  THE  PUBLIC
ABOUT  THE  BOARD  AND  ITS  DUTIES, AND SHALL DEVELOP AND ADMINISTER AN
ONGOING PROGRAM FOR THE EDUCATION OF THE PUBLIC REGARDING THE PROVISIONS
OF THIS CHAPTER.
  C. 1. IT SHALL BE THE DUTY OF THE DEPARTMENT OF SANITATION TO  PROVIDE
SUCH  ASSISTANCE AS THE BOARD MAY REASONABLY REQUEST, TO COOPERATE FULLY
WITH INVESTIGATIONS BY THE BOARD, AND  TO  PROVIDE  TO  THE  BOARD  UPON
REQUEST RECORDS AND OTHER MATERIALS WHICH ARE NECESSARY FOR THE INVESTI-
GATION OF COMPLAINTS SUBMITTED PURSUANT TO THIS SECTION.
  2.  THE  COMMISSIONER  OF  SANITATION  SHALL  ENSURE THAT OFFICERS AND
EMPLOYEES OF THE DEPARTMENT OF SANITATION APPEAR BEFORE AND  RESPOND  TO
INQUIRIES OF THE BOARD AND ITS CIVILIAN INVESTIGATORS IN CONNECTION WITH
THE  INVESTIGATION  OF  COMPLAINTS  SUBMITTED  PURSUANT TO THIS SECTION,
PROVIDED THAT SUCH INQUIRIES ARE CONDUCTED IN ACCORDANCE WITH DEPARTMENT
PROCEDURES FOR INTERROGATION OF MEMBERS.
  3. THE COMMISSIONER OF SANITATION SHALL REPORT TO  THE  BOARD  ON  ANY
ACTION  TAKEN  IN CASES IN WHICH THE BOARD SUBMITTED A FINDING OR RECOM-
MENDATION TO THE DEPARTMENT OF SANITATION WITH RESPECT TO A COMPLAINT.

A. 4284                             3

  D. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO  LIMIT  OR
IMPAIR  THE  AUTHORITY  OF  THE  DEPARTMENT  OF SANITATION TO DISCIPLINE
MEMBERS OF THE DEPARTMENT. NOR SHALL THE PROVISIONS OF THIS  SECTION  BE
CONSTRUED  TO LIMIT THE RIGHTS OF EMPLOYEES OF THE DEPARTMENT OF SANITA-
TION  WITH  RESPECT TO DISCIPLINARY ACTION, INCLUDING BUT NOT LIMITED TO
THE RIGHT TO NOTICE AND A HEARING,  WHICH  MAY  BE  ESTABLISHED  BY  ANY
PROVISION OF LAW OR OTHERWISE.
  E. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT OR
HINDER  THE  INVESTIGATION OR PROSECUTION OF EMPLOYEES OF THE DEPARTMENT
OF SANITATION FOR VIOLATIONS OF LAW BY ANY COURT OF COMPETENT  JURISDIC-
TION,  A  GRAND  JURY,  DISTRICT  ATTORNEY, OR OTHER AUTHORIZED OFFICER,
AGENCY OR BODY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.