On August 25, 2020, leaders of the five police unions and their counsel met with Chief Pontillo from the First Deputy Commissioner’s Office, and NYPD Labor Commissioner John Beirne, to discuss the Department’s new “Disciplinary System Penalty Guidelines.” As you know, in accordance with the legislation put forth by the New York City Council which the Mayor signed into law earlier this year, the Department was mandated to develop and publish presumptive penalties in NYPD disciplinary cases.
Please be advised that this proposed “disciplinary matrix” has been placed on the Department’s website and is available for all to see, including members of the service and the general public. It lists, by category of infraction, the penalties to be imposed. For example, one can go to “Firearms Related Incidents,” “Failure to Safeguard Firearm” (resulting in its loss), where it lists “20 Penalty Days” as the “Presumptive Penalty.” There are literally hundreds of infractions listed, for every conceivable case of misconduct, and the presumptive penalty to be imposed for such misconduct.
Generally speaking, this proposed matrix will not change the way in which our attorneys negotiate and attempt to resolve cases with the Department Advocate’s Office. The vast majority of these presumptive penalties have already been in place for some time. What the matrix clearly shows is what we have always known: that members of the NYPD are some of the most highly scrutinized and disciplined public employees in the nation — contrary to the false narrative that the Department doesn’t “discipline its own.” What has changed is that the information contained in the matrix will now be public. Any deviation from the matrix will therefore require an explanation and a clear articulation of mitigating circumstances to justify the deviation; otherwise a negotiated plea agreement will not be approved by the Police Commissioner. Members with charges will continue to work with our attorneys to obtain the best possible disposition of their cases in light of these presumptive penalties, and where appropriate, we can proceed to trial, where we will vigorously contest the charges.
The matrix is currently still in draft form. But, per the newly enacted law, the matrix must be posted on the NYPD website and subject to a period of public commentary before this version of the matrix is made permanent. Members of the service, their friends, and family are all allowed and indeed encouraged to access the draft online and submit any comments they deem appropriate. All comments must, of course, remain professional at all times. You can find the matrix and the link for comments on the NYPD home page at https://www1.nyc.gov/site/nypd/index.page
Click the tab “Draft Policies” and you will be re-directed to the correct page. Please take a moment to weigh in on this very important issue. We will continue to keep you apprised of any changes regarding this disciplinary matrix and we will continue to monitor its effects on our members’ lives.
Paul DiGiacomo, President
The DEA Board of Officers
DEA Counsel, Karasyk & Moschella
