Senate Bill S6407A

2011-2012 Legislative Session

Relates to establishing an independent inspector general of the city of New York police department

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Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2012	print number 6407a
Feb 23, 2012	amend (t) and recommit to cities
Feb 06, 2012	referred to cities

Bill Amendments

co-Sponsors

2011-S6407 - Details

See Assembly Version of this Bill:: A9304
Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Amd §§801, 803, 805 & 807, NYC Chart
Versions Introduced in 2013-2014 Legislative Session:: S711, A4211

2011-S6407 - Summary

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

2011-S6407 - Sponsor Memo

                                BILL NUMBER:S6407

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.

2011-S6407 - Bill Text download pdf

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

                                  6407

                            I N  S E N A T E

                            February 6, 2012
                               ___________

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 laws of 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-
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14354-03-2

S. 6407                             2

  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.

co-Sponsors

2011-S6407A (ACTIVE) - Details

See Assembly Version of this Bill:: A9304
Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Amd §§801, 803, 805 & 807, NYC Chart
Versions Introduced in 2013-2014 Legislative Session:: S711, A4211

2011-S6407A (ACTIVE) - Summary

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

2011-S6407A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6407A

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 depart-
ment

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 investi-
gates fraud, corruption, and unethical activities. The  Commissioner  of
the  Department of Investigations also approves and oversees the inspec-
tors 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 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:
This is a new bill.

FISCAL IMPLICATION:
To be determined.

EFFECTIVE DATE:
Immediately.

2011-S6407A (ACTIVE) - Bill Text download pdf

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

                                 6407--A

                            I N  S E N A T E

                            February 6, 2012
                               ___________

Introduced  by  Sens.  PARKER,  ADAMS, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Cities
  --  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
  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-
ETH OF EACH YEAR. SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC UPON
REQUEST AND AT A REASONABLE COST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14354-05-2

S. 6407--A                          2

  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.

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Senate Bill S6407A

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

Bill Amendments

co-Sponsors

2011-S6407 - Details

2011-S6407 - Summary

2011-S6407 - Sponsor Memo

2011-S6407 - Bill Text download pdf

co-Sponsors

2011-S6407A (ACTIVE) - Details

2011-S6407A (ACTIVE) - Summary

2011-S6407A (ACTIVE) - Sponsor Memo

2011-S6407A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

Bill Amendments

co-Sponsors

Eric Adams

Bill Perkins

2011-S6407 - Details

2011-S6407 - Summary

2011-S6407 - Sponsor Memo

2011-S6407 - Bill Text download pdf

co-Sponsors

Eric Adams

Bill Perkins

Gustavo Rivera

Jose M. Serrano

2011-S6407A (ACTIVE) - Details

2011-S6407A (ACTIVE) - Summary

2011-S6407A (ACTIVE) - Sponsor Memo

2011-S6407A (ACTIVE) - Bill Text download pdf

Comments