CCRB actually substantiated a “complaint” that a Detective was “discourteous” by asking an arrestee, who, unbeknownst to the Detective identified as non-binary, “are you male or female?” in order to put the arrestee on the appropriate transport. A year later, the perpetrator filed a complaint, thus tarnishing the stellar career of our Detective. CCRB incredibly substantiated the complaint. This is the kind of trivial nonsense members of the service are now up against when it comes to the CCRB. In the DEA’s continuing efforts to push back against their overzealous pursuit of our members and their anti-police agenda, the DEA gave the story to the New York Post, which published an article about the situation in their Sunday, January 21, 2024, edition. You can find the story at https://nypost.com/2024/01/20/metro/woke-gone-wild-decision-casts-shadow-on-homicide-detective/
When the member received notice of the substantiation, he contacted DEA attorney Jim Moschella, who instructed the Detective immediately to file a Request to Reopen/Reconsider with the CCRB. Upon further review, the CCRB re-opened the case, and removed the substantiation, changing it to “Unable to Determine” (their new version of “Unsubstantiated”). They admitted that the complaint should never have been substantiated and apologized to our Detective. We are left to wonder — how many other cases are there like this?
We are advising our members who receive notice from CCRB that a complaint against them has been Substantiated to immediately FOIL the CCRB records in the case and to contact the DEA attorneys to discuss the disposition. The following information is taken from the CCRB’s website regarding FOIL requests.
How to Submit a FOIL Request: Online — You can submit your FOIL request by completing the “Request a Record” form at NYC Open Records (https://a860-openrecords.nyc.gov/). Select the Civilian Complaint Review Board from the Agency dropdown menu. By Email — If you wish to submit your FOIL request by email, please send your FOIL request to [email protected] By mail — If you wish to submit your FOIL request by mail, please send your FOIL request to the following address: Records Access Officer, Civilian Complaint Review Board, 100 Church Street, 10th Floor, New York, NY 10007. In your letter or email requesting CCRB records via FOIL, please include your full name and address where records can be sent.