On February 17, 2021, a meeting was held with the Police Commissioner, the Deputy Commissioner of Legal Matters, and representatives of the five police unions to discuss, among other things, the Department’s plans to publish members’ disciplinary history in light of the recent court decision lifting the injunction on such disclosure. Implementation of the Disciplinary Matrix was also discussed. The Police Commissioner informed the unions that the only disciplinary records that will be published are charges and specifications that resulted in either a guilty plea or a guilty finding after trial. Exonerations, unfounded and unsubstantiated allegations of misconduct will not be disclosed by the Department.
Here’s the backstory: On Thursday, February 4, 2021, the Police Commissioner and the Civilian Complaint Review Board entered into a Memorandum of Understanding (“MOU”) which governs the use of the newly promulgated NYPD Disciplinary Matrix in cases where the CCRB has substantiated allegations of misconduct against members. In short, both the CCRB and the Department are agreeing to use the presumptive penalties set forth in the Matrix when recommending penalties in substantiated cases. The Police Commissioner retains the authority to depart from the penalty set forth in the Matrix where mitigating factors warrant such departure. Under this MOU, however, the Police Commissioner must set forth, in writing, the reasons for such departure. Similarly, if for whatever reason the CCRB is seeking a penalty outside the guidelines, it, too, must set forth, in writing, reasons for such departure.
Be advised that we are still examining the details of the MOU and are considering legal challenges to some of its provisions.
Meanwhile, our record in challenging CCRB remains strong. Overall, CCRB complaints against Detectives are down significantly because of our aggressive representation. Substantiations against members are down. However, shootings across the five Boroughs are up more than 100%. Maybe the Mayor and CCRB should get their priorities in order.
In those cases where CCRB brings charges against members, we will continue to fight vigorously those charges in the Trial Room on behalf of our members.
It is no time for complacency, however. Continue to be vigilant. Protect your partners and yourselves, and we will be here to protect you.
