S T A T E O F N E W Y O R K
________________________________________________________________________
3807
2021-2022 Regular Sessions
I N S E N A T E
January 30, 2021
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1
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:
Section 1. Paragraph 3 of subdivision (d) of section 440 of the New
York city charter, as amended by section 4 of question 2 of local law
number 215 of the city of New York for the year 2019, is amended to read
as follows:
3. The police commissioner shall report to the board in writing on any
action taken, including the level of discipline and any penalty imposed,
in all cases in which the board submitted a finding or recommendation to
the police commissioner with respect to a matter within its jurisdiction
pursuant to this section. In any case substantiated by the board in
which the police commissioner intends to impose or has imposed a differ-
ent penalty or level of discipline than that recommended by the board or
by the deputy commissioner responsible for making disciplinary recommen-
dations, the police commissioner shall provide such written report, with
notice to the subject officer, no later than 45 days after the imposi-
tion of such discipline or in such shorter time frame as may be required
pursuant to an agreement between the police commissioner and the board.
Such report shall include a detailed explanation of the reasons for
deviating from the board's recommendation or the recommendation of the
deputy commissioner responsible for making disciplinary recommendations
[and, in]. IN cases in which the police commissioner intends to impose
[or has imposed] a penalty or level of discipline that is lower than
that recommended by the board or such deputy commissioner, THE POLICE
COMMISSIONER shall also include an explanation of how [the final] SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03554-01-1
S. 3807 2
disciplinary outcome was determined, including each factor the police
commissioner considered in making his or her [decision] DETERMINATION,
AND SUCH DISCIPLINARY MATTER SHALL THEN BE IMMEDIATELY REFERRED TO A
NEUTRAL ARBITRATOR ASSIGNED FROM A PANEL OF NEUTRAL ARBITRATORS
APPOINTED BY THE MAYOR FOR A HEARING AND DECISION. THE ARBITRATOR'S
DECISION SHALL BE FINAL BUT DISCIPLINARY ARBITRATORS SHALL CONFINE THEM-
SELVES TO DETERMINATIONS OF GUILT OR INNOCENCE AND THE APPROPRIATENESS
OF THE PROPOSED PENALTIES, AND MAY NOT EXCEED THE PENALTY RECOMMENDED BY
THE BOARD.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.