On January 18, 2022, the DEA met with new Police Commissioner Keechant Sewell. Topics discussed included promoting more P.O.s to third grade Detectives, and getting more grade. On January 10, 2022, DEA President Paul DiGiacomo met with First Deputy Police Commissioner Caban about various issues, including —
a). The Disciplinary Matrix, which is over-penalizing our members and destroying morale. We understand why the PC agreed to the Matrix, but the penalties are extremely high. In some cases, they have doubled the penalty, added dismissal probation, and mandated separation from the Department (either vested or service retirement). The Department Advocate is often unwilling to depart from the Matrix during negotiations with our attorneys for fear of the First Dep and the PC. It should not be applied retroactively to misconduct that occurred prior to January 2021, when the Matrix went into effect.
b). CCRB is using the Matrix in a punitive and unreasonable manner: They are recommending termination on cases involving abuse of authority and discourtesy. They are attempting to make routine abuse of authority cases into termination cases, because they missed the statute of limitations. Case in point – A Detective who has one charge of entering an apartment to arrest a perp without sufficient legal authority. CCRB brought the case three years too late, and charged him with “criminal trespass” and recommended termination. We will be trying the case on January 27, but made a motion to dismiss this ridiculous abuse of power. That motion is pending before the Deputy Commissioner of Trials. It would be appropriate if we received a decision dismissing the case so we don’t even have to go to trial.
c). CCRB is Out of Control The NYPD must consider either revoking or modifying the Memorandum of Understanding signed last year between the Department and CCRB. The PC, the First Dep, and Advocate must retain the ability to decline charges brought by CCRB in certain circumstances. For example, where the Department has cleared our member in a firearms discharge and decided it was a “good shoot,” CCRB ignores the ruling and then tries to bring charges on their own for “excessive force” and “wrongful death.” The Department must have the ability to stop that abuse of authority as the conduct has already been cleared.
d). Probationary and Performance Monitoring Units We discussed much-needed changes in these units. The Department needs to defer any demotion of Detectives until after the disciplinary case has been fully adjudicated. The DEA is also proposing raising the trigger for Level 2 Performance Monitoring to a disciplinary case involving the loss of at least 30 penalty days. Right now, loss of only 20 days in a case triggers Level 2 monitoring, which kills promotions, transfers, off-duty employment, etc.
