Earlier this year, the CCRB unilaterally passed several amendments to its rules and procedures which we maintain are outside of their statutory jurisdiction and a clear abuse of their authority. Among these amendments was the passage of an expansion of the definition of an “abuse of authority” — one of the bases of their FADO jurisdiction —to include sexual misconduct by an Officer, false testimony and false official documents by an Officer, and failure to provide identifying information to a member of the public. The DEA filed a lawsuit against the CCRB, its Chairman, and its Executive Director to invalidate these rules changes and enjoin CCRB from moving forward on any such cases.
Be advised that Justice Laurence Love, Supreme Court, New York County, has denied our Petition in its entirety and has dismissed our lawsuit. We are extremely disappointed in the decision and believe that the Court misinterpreted and/or misapprehended several key points in our papers. In short, we believe the Court got it wrong. CCRB’s new rules, like many of its actions, are an abuse of their authority and solidify our belief that their investigations are anything but fair and impartial. Our attorneys are presently reviewing all of our legal options, including making a motion to reargue, and appealing the decision directly to the Appellate Division, First Department. We will not accept this decision, but will continue fighting for our members. We will keep you advised of all developments.
Paul DiGiacomo
& the DEA Board of Officers
