Amd §18, Pub Off L; rpld Title 8 Chap 8, amd §7-114, NYC Ad Cd
Requires defense and indemnification of public officers and employees in certain cities; repeals provisions relating to the right of security against unreasonable search and seizure.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9647
SPONSOR: Chang TITLE OF BILL:
An act to amend the public officers law and the administrative code of
the city of New York, in relation to defense and indemnification of
officers and employees of public entities; and to repeal chapter 8 of
title 8 of the administrative code of the city of New York relating to
the right of security against unreasonable search and seizure
PURPOSE OR GENERAL IDEA OF BILL:
To repeal a provision of the New York City Administrative Code as it
relates to individual civil liability of law enforcement officers and to
ensure that the provisions of Section 18 of the Public Officers Law
apply to cities with a population of one million or more.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Provides that Section 18 of the Public Officers Law applies
to a city with a population of one million or more and any other public
entity that meets certain qualifications.
Section 2: Repeals Chapter 8 of Title 8 of the New York City Administra-
tive Code.
Section 3: Makes conforming changes to the New York City Administrative
Code in relation to the repeal of Chapter 8 of Title 8 of such Code.
Section 4: Establishes an immediate effective date.
JUSTIFICATION:
Qualified immunity is a legal doctrine that protects a public employee
or officer from frivolous civil lawsuits. The doctrine balances two
important concepts: the need to hold a public official accountable when
he or she acts irresponsibly and the need to shield an official from
harassment, distraction, and liability when he or she reasonably
performs his or her duties.
Opening Pandora's box by subjecting public employees, especially law
enforcement officers, to being civilly liable for reasonable actions
diminishes morale and presents a difficult choice for such officers on
how to react in volatile circumstances, making it less safe for parties
involved.
To support law enforcement and first responders it is imperative that we
return to established precedent and procedure to hold faithless actors
accountable while protecting those who protect us.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9647
IN ASSEMBLY
March 27, 2024
___________
Introduced by M. of A. CHANG -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law and the administrative code of
the city of New York, in relation to defense and indemnification of
officers and employees of public entities; and to repeal chapter 8 of
title 8 of the administrative code of the city of New York relating to
the right of security against unreasonable search and seizure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 18 of the public officers law, as
2 added by chapter 277 of the laws of 1981, is amended to read as follows:
3 2. The provisions of this section shall apply to [any public entity]:
4 (a) a city with a population of one million or more; and
5 (b) any other public entity:
6 (i) whose governing body has agreed by the adoption of local law,
7 by-law, resolution, rule or regulation [(i)] (1) to confer the benefits
8 of this section upon its employees, and [(ii)] (2) to be held liable for
9 the costs incurred under these provisions; or
10 [(b)] (ii) where the governing body of a municipality, for whose bene-
11 fit the public entity has been established, has agreed by the adoption
12 of local law or resolution [(i)] (1) to confer the benefits of this
13 section upon the employees of such public entity, and [(ii)] (2) to be
14 held liable for the costs incurred under these provisions.
15 § 2. Chapter 8 of title 8 of the administrative code of the city of
16 New York is REPEALED.
17 § 3. Section 7-114 of the administrative code of the city of New York,
18 as amended by local law number 48 of the city of New York for the year
19 2021, is amended to read as follows:
20 § 7-114 Civil actions regarding the police department [and covered
21 individuals]. [a. For purposes of this section, the term "covered indi-
22 vidual" has the meaning ascribed to such term in section 8-801.
23 b.] No later than January 31, 2018 and no later than each July 31 and
24 January 31 thereafter, the law department shall post on its website, and
25 provide notice of such posting to the individual responsible for imple-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14419-02-4
A. 9647 2
1 menting the duties set forth in paragraph one of subdivision c of
2 section 803 of the charter, the comptroller, the police department, the
3 civilian complaint review board, and the commission to combat police
4 corruption the following information regarding civil actions filed in
5 local, state or federal court against the police department [or a
6 covered individual, or both,] resulting from allegations of improper
7 police conduct[, including, but not limited to, claims involving the use
8 of force, assault and battery, malicious prosecution, false arrest or
9 imprisonment, or deprivation of a right pursuant to chapter 8 of title
10 8]:
11 1. a list of civil actions filed against the police department or a
12 covered individual, or both, during the five-year period preceding each
13 January 1 or July 1 immediately preceding each report;
14 2. for each such action: (i) the identities of the plaintiffs and
15 defendants; (ii) the court in which the action was filed; (iii) the name
16 of the law firm representing the plaintiff; (iv) the name of the law
17 firm or agency representing each defendant; (v) the date the action was
18 filed; and (vi) whether the plaintiff alleged improper police conduct[,
19 including, but not limited to, claims involving use of force, assault
20 and battery, malicious prosecution, false arrest or imprisonment, or
21 deprivation of a right pursuant to chapter 8 of title 8]; and
22 3. if an action has been resolved: (i) the date on which it was
23 resolved; (ii) the manner in which it was resolved; and (iii) whether
24 the resolution included a payment to the plaintiff by the city, or by a
25 covered individual or an employer or other person paying on behalf of a
26 covered individual, and, if so, the amount of such payment.
27 § 4. This act shall take effect immediately.
