Establishes a process for neutral arbitrators to review certain disciplinary decisions and penalties imposed on members of the New York city police department.
STATE OF NEW YORK
________________________________________________________________________
4336--A
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1 -- reported
favorably from said committee and committed to the Committee on
Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the New York city charter, in relation to establishing a
process for neutral arbitrators to review certain disciplinary deci-
sions and penalties imposed on members of the New York city police
department
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 3 of subdivision (d) of section 440 of the New
2 York city charter, as amended by section 4 of question 2 of local law
3 number 215 of the city of New York for the year 2019, is amended to read
4 as follows:
5 3. The police commissioner shall report to the board in writing on any
6 action taken, including the level of discipline and any penalty imposed,
7 in all cases in which the board submitted a finding or recommendation to
8 the police commissioner with respect to a matter within its jurisdiction
9 pursuant to this section. In any case substantiated by the board in
10 which the police commissioner intends to impose or has imposed a differ-
11 ent penalty or level of discipline than that recommended by the board or
12 by the deputy commissioner responsible for making disciplinary recommen-
13 dations, the police commissioner shall provide such written report, with
14 notice to the subject officer, no later than 45 days after the imposi-
15 tion of such discipline or in such shorter time frame as may be required
16 pursuant to an agreement between the police commissioner and the board.
17 Such report shall include a detailed explanation of the reasons for
18 deviating from the board's recommendation or the recommendation of the
19 deputy commissioner responsible for making disciplinary recommendations
20 [and, in]. In cases in which the police commissioner intends to impose
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08793-02-3
S. 4336--A 2
1 [or has imposed] a penalty or level of discipline that is lower than
2 that recommended by the board or such deputy commissioner, the police
3 commissioner shall also include an explanation of how [the final] such
4 disciplinary outcome was determined, including each factor the police
5 commissioner considered in making his or her [decision] determination,
6 and such disciplinary matter shall then be immediately referred to a
7 neutral arbitrator assigned from a panel of five neutral arbitrators
8 appointed by the public advocate for a hearing and decision. The
9 arbitrator's decision shall be final but disciplinary arbitrators shall
10 confine themselves to determinations of guilt or innocence and the
11 appropriateness of the proposed penalties, and may not exceed the penal-
12 ty recommended by the board.
13 § 2. This act shall take effect on the one hundred twentieth day after
14 it shall have become a law.
