S T A T E   O F   N E W   Y O R K
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                                    941
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. M. G. 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
   §  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.
              

                                                            LBD00081-01-9

 A. 941                              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. 941                              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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.