A04211 Summary:

BILL NO    A04211 

SAME AS    SAME AS S00711

SPONSOR    Camara (MS)

COSPNSR    Jacobs, Crespo, Gottfried, Wright, Roberts, Rosenthal, Robinson

MLTSPNSR   Clark

Amd SS801, 803, 805 & 807, NYC Chart

Relates to establishing an independent inspector general of the city of New
York police department.
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A04211 Actions:

BILL NO    A04211 

02/01/2013 referred to cities
01/08/2014 referred to cities
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A04211 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4211
 
SPONSOR: Camara (MS)
  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 Investi- gations investigates fraud, corruption, and unethical activities. The Commissioner of the Department of Investigations also approves and over- sees 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 investi- gations. In recent years a growing pattern of behavior has emerged from the New York police Department that inhibits public accountability and transpar- ency. 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 legis- lation establishes an independent inspector general for the New York Police Department to achieve that goal.   LEGISLATIVE HISTORY: 02/15/2012 referred to cities   FISCAL IMPLICATION: To be determined.   EFFECTIVE DATE: Immediately.
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A04211 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4211
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2013
                                       ___________
 
        Introduced by M. of A. CAMARA, STEVENSON, JACOBS, ESPINAL, CRESPO, GOTT-
          FRIED, WRIGHT, CASTRO, ROBERTS, ROSENTHAL, ROBINSON -- Multi-Sponsored
          by  -- M. of A. CLARK, GIBSON -- read once and referred to the Commit-
          tee 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:
 
     1    Section  1.  Section  801  of the New York city charter, as amended by
     2  local law number 59 of the city of  New  York  for  the  year  1996,  is
     3  amended to read as follows:
     4    § 801. Department; commissioner. There shall be a department of inves-
     5  tigation  the  head of which shall be the commissioner of investigation.
     6  The commissioner shall be appointed by the mayor and  by  and  with  the
     7  advice  and  consent  of  the  city council. The commissioner shall be a
     8  member of the bar of the state of New York in good standing [and], shall

     9  have had at least five years of law enforcement experience and shall  be
    10  subject  to  a  security  clearance  investigation by a state or federal
    11  agency authorized to perform such investigations. The mayor  may  remove
    12  the  commissioner upon filing in the office of the commissioner of city-
    13  wide administrative services and serving upon the commissioner of inves-
    14  tigation the reasons therefor and allowing such officer  an  opportunity
    15  of making a public explanation.
    16    §  2.  Subdivision  e  of section 803 of the New York city charter, as
    17  added by local law number 79 of the city of New York for the year  1990,
    18  is amended to read as follows:
    19    e.  The  commissioner  shall forward to the council and to the mayor a
    20  copy of all reports and standards prepared by the corruption  prevention

    21  and  management  review  bureau,  upon issuance by the commissioner. The
    22  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

        A. 4211                             2
 
     1  eth of each year. Such report shall be made available to the public upon
     2  request and at a reasonable cost.
     3    §  3.  Subdivision  a  of  section 805 of the New York city charter is
     4  amended to read as follows:
     5    a.  For the purpose of ascertaining facts in connection with any study
     6  or investigation authorized by  this  chapter,  the  commissioner,  each

     7  inspector  general,  and each deputy shall have full power to compel the
     8  attendance of witnesses, to administer oaths, affirmations,  or  affida-
     9  vits and to examine such persons as he or she may deem necessary.
    10    §  4.  Section 807 of the New York city charter, as added by a vote of
    11  the people of the city of New York  at  the  general  election  held  in
    12  November of 1975, is amended to read as follows:
    13    § 807.  Inspectors general of agencies.  [No person shall be appointed
    14  as  an  inspector  general  of  a city agency unless such appointment is
    15  approved by the commissioner of investigation]  The  commissioner  shall
    16  appoint  an inspector general for each city agency, including the police

    17  department. Such inspector general shall be subject to a security clear-
    18  ance investigation by a state or federal agency  authorized  to  perform
    19  such investigations.  The commissioner of investigation shall promulgate
    20  standards  of  conduct  and shall monitor and evaluate the activities of
    21  inspectors general in the agencies to assure uniformity of  activity  by
    22  them.
    23    § 5. This act shall take effect immediately.
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