S T A T E O F N E W Y O R K
________________________________________________________________________
4284
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Cities
AN ACT to amend the New York city charter, in relation to establishing
the civilian summons review board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The New York city charter is amended by adding a new chap-
ter 31-A to read as follows:
CHAPTER 31-A
CIVILIAN SUMMONS REVIEW BOARD
S 760. CIVILIAN SUMMONS REVIEW BOARD. A. AN INDEPENDENT CIVILIAN
SUMMONS REVIEW BOARD IS HEREBY ESTABLISHED AS A BODY COMPRISED SOLELY OF
MEMBERS OF THE PUBLIC WITH THE AUTHORITY TO REVIEW SUMMONSES ISSUED BY
EMPLOYEES OF THE DEPARTMENT OF SANITATION AS PROVIDED IN THIS SECTION.
1. THE CIVILIAN SUMMONS REVIEW BOARD SHALL CONSIST OF ONE CHAIRPERSON
AND TWELVE ADDITIONAL MEMBERS OF THE PUBLIC APPOINTED BY THE MAYOR, WHO
SHALL BE RESIDENTS OF THE CITY OF NEW YORK. ALL MEMBERS OF THE BOARD
SHALL BE APPOINTED AS FOLLOWS:
(I) FIVE MEMBERS, ONE FROM EACH OF THE FIVE BOROUGHS, SHALL BE DESIG-
NATED BY THE CITY COUNCIL;
(II) THREE MEMBERS WITH EXPERIENCE IN PUBLIC SANITATION SHALL BE
DESIGNATED BY THE SANITATION DEPARTMENT; AND
(III) THE REMAINING FIVE MEMBERS, INCLUDING THE CHAIRPERSON, SHALL BE
SELECTED BY THE MAYOR.
NO MEMBER OF THE BOARD SHALL HOLD ANY OTHER PUBLIC OFFICE OR EMPLOY-
MENT.
2. THE MEMBERS SHALL BE APPOINTED FOR TERMS OF THREE YEARS, EXCEPT
THAT OF THE MEMBERS FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR TERMS
OF ONE YEAR, OF WHOM ONE SHALL HAVE BEEN DESIGNATED BY THE COUNCIL AND
TWO SHALL HAVE BEEN DESIGNATED BY THE DEPARTMENT OF SANITATION, FOUR
SHALL BE APPOINTED FOR TERMS OF TWO YEARS, OF WHOM TWO SHALL HAVE BEEN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06940-01-5
A. 4284 2
DESIGNATED BY THE COUNCIL, AND FIVE SHALL BE APPOINTED FOR TERMS OF
THREE YEARS, OF WHOM TWO SHALL HAVE BEEN DESIGNATED BY THE COUNCIL AND
ONE SHALL HAVE BEEN DESIGNATED BY THE DEPARTMENT OF SANITATION.
3. IN THE EVENT OF A VACANCY ON THE BOARD DURING THE TERM OF OFFICE OF
A MEMBER BY REASON OF REMOVAL, DEATH, RESIGNATION, OR OTHERWISE, A
SUCCESSOR SHALL BE CHOSEN IN THE SAME MANNER AS THE ORIGINAL APPOINT-
MENT. A MEMBER APPOINTED TO FILL A VACANCY SHALL SERVE FOR THE BALANCE
OF THE UNEXPIRED TERM.
4. THE CHAIRPERSON MAY APPOINT AN EXECUTIVE DIRECTOR WHO SHALL MANAGE
DAY TO DAY OPERATIONS.
B. 1. THE BOARD SHALL HAVE THE POWER TO RECEIVE, INVESTIGATE, HEAR,
MAKE FINDINGS AND RECOMMEND ACTION UPON COMPLAINTS BY MEMBERS OF THE
PUBLIC AGAINST EMPLOYEES OF THE SANITATION DEPARTMENT CONCERNING THE
ISSUANCE OF SUMMONSES BY SUCH EMPLOYEES. THE FINDINGS AND RECOMMENDA-
TIONS OF THE BOARD, AND THE BASIS THEREFOR, SHALL BE SUBMITTED TO THE
DEPARTMENT OF SANITATION. NO FINDING OR RECOMMENDATION SHALL BE BASED
SOLELY UPON AN UNSWORN COMPLAINT OR STATEMENT, NOR SHALL PRIOR UNSUB-
STANTIATED, UNFOUNDED OR WITHDRAWN COMPLAINTS BE THE BASIS FOR ANY SUCH
FINDING OR RECOMMENDATION.
2. THE BOARD SHALL PROMULGATE RULES OF PROCEDURE IN ACCORDANCE WITH
THE CITY ADMINISTRATIVE PROCEDURE ACT, INCLUDING RULES THAT PRESCRIBE
THE MANNER IN WHICH INVESTIGATIONS ARE TO BE CONDUCTED AND RECOMMENDA-
TIONS MADE AND THE MANNER BY WHICH A MEMBER OF THE PUBLIC IS TO BE
INFORMED OF THE STATUS OF HIS OR HER COMPLAINT. SUCH RULES MAY PROVIDE
FOR THE ESTABLISHMENT OF PANELS, WHICH SHALL CONSIST OF NOT LESS THAN
THREE MEMBERS OF THE BOARD, WHICH SHALL BE EMPOWERED TO SUPERVISE THE
INVESTIGATION OF COMPLAINTS, AND TO HEAR, MAKE FINDINGS AND RECOMMEND
ACTION ON SUCH COMPLAINTS. NO SUCH PANEL SHALL CONSIST EXCLUSIVELY OF
MEMBERS DESIGNATED BY THE COUNCIL, OR DESIGNATED BY THE DEPARTMENT OF
SANITATION, OR SELECTED BY THE MAYOR.
3. THE BOARD, BY MAJORITY VOTE OF ITS MEMBERS, MAY COMPEL THE ATTEND-
ANCE OF WITNESSES AND REQUIRE THE PRODUCTION OF SUCH RECORDS AND OTHER
MATERIALS AS ARE NECESSARY FOR THE INVESTIGATION OF COMPLAINTS SUBMITTED
PURSUANT TO THIS SECTION.
4. THE BOARD IS AUTHORIZED, WITHIN APPROPRIATIONS AVAILABLE THEREFOR,
TO APPOINT SUCH EMPLOYEES AS ARE NECESSARY TO EXERCISE ITS POWERS AND
FULFILL ITS DUTIES. THE BOARD SHALL EMPLOY CIVILIAN INVESTIGATORS TO
INVESTIGATE ALL COMPLAINTS.
5. THE BOARD SHALL HAVE THE RESPONSIBILITY OF INFORMING THE PUBLIC
ABOUT THE BOARD AND ITS DUTIES, AND SHALL DEVELOP AND ADMINISTER AN
ONGOING PROGRAM FOR THE EDUCATION OF THE PUBLIC REGARDING THE PROVISIONS
OF THIS CHAPTER.
C. 1. IT SHALL BE THE DUTY OF THE DEPARTMENT OF SANITATION TO PROVIDE
SUCH ASSISTANCE AS THE BOARD MAY REASONABLY REQUEST, TO COOPERATE FULLY
WITH INVESTIGATIONS BY THE BOARD, AND TO PROVIDE TO THE BOARD UPON
REQUEST RECORDS AND OTHER MATERIALS WHICH ARE NECESSARY FOR THE INVESTI-
GATION OF COMPLAINTS SUBMITTED PURSUANT TO THIS SECTION.
2. THE COMMISSIONER OF SANITATION SHALL ENSURE THAT OFFICERS AND
EMPLOYEES OF THE DEPARTMENT OF SANITATION APPEAR BEFORE AND RESPOND TO
INQUIRIES OF THE BOARD AND ITS CIVILIAN INVESTIGATORS IN CONNECTION WITH
THE INVESTIGATION OF COMPLAINTS SUBMITTED PURSUANT TO THIS SECTION,
PROVIDED THAT SUCH INQUIRIES ARE CONDUCTED IN ACCORDANCE WITH DEPARTMENT
PROCEDURES FOR INTERROGATION OF MEMBERS.
3. THE COMMISSIONER OF SANITATION SHALL REPORT TO THE BOARD ON ANY
ACTION TAKEN IN CASES IN WHICH THE BOARD SUBMITTED A FINDING OR RECOM-
MENDATION TO THE DEPARTMENT OF SANITATION WITH RESPECT TO A COMPLAINT.
A. 4284 3
D. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT OR
IMPAIR THE AUTHORITY OF THE DEPARTMENT OF SANITATION TO DISCIPLINE
MEMBERS OF THE DEPARTMENT. NOR SHALL THE PROVISIONS OF THIS SECTION BE
CONSTRUED TO LIMIT THE RIGHTS OF EMPLOYEES OF THE DEPARTMENT OF SANITA-
TION WITH RESPECT TO DISCIPLINARY ACTION, INCLUDING BUT NOT LIMITED TO
THE RIGHT TO NOTICE AND A HEARING, WHICH MAY BE ESTABLISHED BY ANY
PROVISION OF LAW OR OTHERWISE.
E. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT OR
HINDER THE INVESTIGATION OR PROSECUTION OF EMPLOYEES OF THE DEPARTMENT
OF SANITATION FOR VIOLATIONS OF LAW BY ANY COURT OF COMPETENT JURISDIC-
TION, A GRAND JURY, DISTRICT ATTORNEY, OR OTHER AUTHORIZED OFFICER,
AGENCY OR BODY.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.