The CCRB approved an amendment to their rules expanding their definition of “abuse of authority” to include false statements, false testimony, intentionally inaccurate paperwork, and sexual misconduct. CCRB will now add these categories of allegation to the cases it investigates, expanding their authority. The DEA believes these actions are illegal and will challenge them in court.
Here’s the backstory: On January 11, 2021, the coalition of the five police unions sent a letter to the CCRB regarding the CCRB’s proposed rule changes. The letter outlines our coalition’s opposition to these proposed changes by presenting a number of arguments regarding the following: the Board’s flawed process of submitting the changes; our opposition to their specific definitions of various concepts, such as “Abuse of Authority;” their failure to offer any rational basis for the policy changes; the inclusion of sexual misconduct complaints; the inclusion of “Intentionally Untruthful Testimony and Written Statements;” the proposed changes are overbroad and improper; the proposed change to obtaining records from the NYPD; the proposed decrease to the number of Board meetings, which will delay the CCRB process; the proposal allowing for “secret” meetings of the Board; and several other objections to their proposed changes.
Here’s More Backstory:
A Message from the President
On January 11, 2021, the DEA, together with the coalition of the five police unions, sent a letter to Assistant General Counsel of the CCRB, Heather Cook, opposing several rules changes recently proposed by the CCRB. The letter outlines our coalition’s opposition to these proposed changes by presenting a number of arguments regarding the following: the Board’s flawed process of submitting the changes; our opposition to their specific definitions of various concepts, such as “Abuse of Authority;” their failure to offer any rational basis for the policy changes; the inclusion of sexual misconduct complaints; the inclusion of “Intentionally Untruthful Testimony and Written Statements;” the proposed changes are overbroad and improper; the proposed change to obtaining records from the NYPD; the proposed decrease to the number of Board meetings, which will delay the CCRB process; the proposal allowing for “secret” meetings of the Board; and several other objections to their proposed changes. You can click on the following pdf file to read the letter in its entirety.
Coalition CCRB Letter of January 11, 2021
There is a public meeting of the CCRB scheduled for Wednesday, January 13, 2021, at 6:00 p.m. to discuss their proposed rules changes. Be assured that the DEA will continue vigorously to oppose CCRB’s attempt to expand their authority. Here is the CCRB Board schedule of meetings:
https://www1.nyc.gov/site/ccrb/about/news/board-meeting-schedule.page?
Here’s more backstory:
On November 9, 2020, the CCRB issued a press release announcing its proposal of several new “Rules” which directly impact our members. They are expanding the definition of “abuse of authority” to include “sexual misconduct” by an Officer, as well as “false statements” involving civilians by Officers. By expanding the definition, it would give CCRB the authority to investigate these types of allegations against members, as well as bring charges if the allegations are substantiated.
The public hearing on these proposed changes has been postponed until January 13, 2021 at 6:30 p.m., at which time there will be a virtual, online hearing. Anyone is welcome to attend. People may also comment online over the next 30 days. You can find the link on the home page of CCRB, which can be found at — https://www1.nyc.gov/site/ccrb/index.page We encourage everyone to do so. The DEA will publicly oppose these proposals and, if necessary, file a suit against the CCRB seeking an injunction against them.
These proposed rules are yet another example of the CCRB’s consistent attempts to act outside its statutory authority. The 2019 City Charter Amendments allowed the CCRB to administratively prosecute Officers for intentionally lying during the CCRB investigative process (i.e., in an interview conducted by CCRB). It expanded their authority to “allow the CCRB to investigate the truthfulness of any material statement that is made within the course of the CCRB’s investigation or resolution of a complaint by a police officer who is the subject of that complaint, and recommend discipline against the police officer where appropriate.” In a press release, however, the CCRB noted its proposed new rules “also include untruthful statements made by NYPD personnel regarding a civilian during sworn testimony or on official documentation.” It proposes expanding the definition of “abuse of authority” to include “intentionally untruthful testimony and written statements made against members of the public in the performance of official police functions.” (See RCNY, Title 38-A, section -01.) Their proposed investigative power would therefore go well beyond statements made during the course of the CCRB’s investigation (as specified in the Charter revision) and would apply to any statements made “regarding a civilian.” That would include in 61s, “onlines,” in court hearings, and in any other report.
This is a blatant twisting of the Charter amendment, and a clear abuse of authority by the CCRB. The CCRB Executive Director is quoted as saying that the Charter amendments – which are so clearly limited to “statements made within the course of a CCRB investigation” – include power to investigate and prosecute a “false statement in a court proceeding, or on official police paperwork[.]” This would be laughable it wasn’t such a dangerous power grab.
Likewise, their proposal to expand the scope of their authority to include this broad, seemingly limitless list of “sexual misconduct” by an Officer is well beyond their statutory authority. This unilateral expansion of their power was shot down by the Appellate Division in May.
