S711-2013 Actions

• Jan 9, 2013: REFERRED TO CITIES

S711-2013 Memo

BILL NUMBER:S711

TITLE OF BILL:
An act
to amend the New York city charter, in relation to establishing an
independent inspector general for the city of New York police department

PURPOSE:
To establish an independent inspector general for the New York Police
Department.

SUMMARY OF PROVISIONS:
Section 1 Establishes that the commissioner of investigations shall
be appointed by the mayor and confirmed by the city council. Requires
the commissioner to obtain a security clearance.

Section 2 Requires the commissioner of investigations to produce an
annual report that will be available to the public.

Section 3 Extends authority of the commissioner and each inspector
general to compel witnesses to give affirmations or affidavits.

Section 4 Authorizes the commissioner of investigations to appoint an
inspector general for each agency, including the police department.
Requires the police inspector general to obtain a security clearance.

EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER:
None.

JUSTIFICATION:
In 1873 the Legislature established the Office of Commissioner of
Accounts in response to the corruption of the Boss Tweed and Tammany
Hall era. Today the New York City Department of Investigations
investigates fraud, corruption, and unethical activities. The
Commissioner of the Department of Investigations also approves and
oversees the inspectors general for every city agency. The
Commissioner has oversight over every agency inspector general with
the exception of the New York police Department. Currently, police
department has a chief of internal affairs who receives complaints
but reports to the commissioner of the police department, not the
independent commissioner of investigations.

In recent years a growing pattern of behavior has emerged from the New
York police Department that inhibits public accountability and
transparency. We are witness to an increase in abuses whether by
individual
officers or in broader policies such as stop and frisk, the treatment
of the Occupy Wall Street protesters, and the wholesale surveillance
of the Muslim community in New York City and other jurisdictions. On
numerous occasions the public has been given misinformation or misled
by the police department.

The bill seeks to restore public confidence in the New York Police
Department. The people and the police department will be better
served by a department that is more transparent and accountable. This


legislation establishes an independent inspector general for the New
York Police Department to achieve that goal.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATION:
To be determined.

EFFECTIVE DATE:
Immediately.

S711-2013 Text

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

                                     711

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Cities

  AN ACT to amend the New York city charter, in relation  to  establishing
    an  independent  inspector  general  for  the  city of New York police
    department

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


    Section  1.  Section  801  of the New York city charter, as amended by
  local law number 59 of the city of  New  York  for  the  year  1996,  is
  amended to read as follows:

    S 801. Department; commissioner. There shall be a department of inves-
  tigation  the  head of which shall be the commissioner of investigation.
  THE COMMISSIONER SHALL BE APPOINTED BY THE MAYOR AND  BY  AND  WITH  THE
  ADVICE  AND  CONSENT  OF  THE  CITY COUNCIL. The commissioner shall be a
  member of the bar of the state of New York in good standing [and], shall
  have had at least five years of law enforcement experience AND SHALL  BE
  SUBJECT  TO  A  SECURITY  CLEARANCE  INVESTIGATION BY A STATE OR FEDERAL
  AGENCY AUTHORIZED TO PERFORM SUCH INVESTIGATIONS. The mayor  may  remove
  the  commissioner upon filing in the office of the commissioner of city-
  wide administrative services and serving upon the commissioner of inves-
  tigation the reasons therefor and allowing such officer  an  opportunity
  of making a public explanation.
    S  2.  Subdivision  e  of section 803 of the New York city charter, as
  added by local law number 79 of the city of New York for the year  1990,
  is amended to read as follows:

    e.  The  commissioner  shall forward to the council and to the mayor a
  copy of all reports and standards prepared by the corruption  prevention
  and  management  review  bureau,  upon issuance by the commissioner. THE
  COMMISSIONER SHALL PRODUCE AN ANNUAL REPORT NO LATER THAN APRIL  THIRTI-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02780-01-3

 S. 711                              2

  ETH OF EACH YEAR. SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC UPON
  REQUEST AND AT A REASONABLE COST.
    S  3.  Subdivision  a  of  section 805 of the New York city charter is
  amended to read as follows:

    a.  For the purpose of ascertaining facts in connection with any study
  or investigation authorized by  this  chapter,  the  commissioner,  EACH
  INSPECTOR  GENERAL,  and each deputy shall have full power to compel the
  attendance of witnesses, to administer oaths, AFFIRMATIONS,  OR  AFFIDA-
  VITS and to examine such persons as he OR SHE may deem necessary.
    S  4.  Section 807 of the New York city charter, as added by a vote of
  the people of the city of New York  at  the  general  election  held  in
  November of 1975, is amended to read as follows:

    S 807.  Inspectors general of agencies.  [No person shall be appointed
  as  an  inspector  general  of  a city agency unless such appointment is
  approved by the commissioner of investigation]  THE  COMMISSIONER  SHALL
  APPOINT  AN INSPECTOR GENERAL FOR EACH CITY AGENCY, INCLUDING THE POLICE
  DEPARTMENT. SUCH INSPECTOR GENERAL SHALL BE SUBJECT TO A SECURITY CLEAR-
  ANCE INVESTIGATION BY A STATE OR FEDERAL AGENCY  AUTHORIZED  TO  PERFORM
  SUCH INVESTIGATIONS.  The commissioner of investigation shall promulgate
  standards  of  conduct  and shall monitor and evaluate the activities of
  inspectors general in the agencies to assure uniformity of  activity  by
  them.
    S 5. This act shall take effect immediately.