The PD has announced that it will be applying “the Matrix” to incidents that occurred prior to the implementation of the Matrix on January 15, 2021. The DEA has argued strongly against this retroactive application. We plan to challenge the issue of retroactivity in court, but are waiting for a decision from the Police Commissioner on a matter which will be a good test case.
Here’s the backstory: A meeting was held February 23, 2021, between the union and the NYPD about the Matrix, 50-a and other issues. On March 11, the Union held training for DEA Board Officers on this matter with DEA Attorney James Moschella. We will be conducting similar training for DEA Delegates on May 11, 2021 at 11:00 a.m. In the interim, the Matrix is available for viewing on the NYPD website, as well as on the Department Intranet. We encourage all Delegates to become familiar with the Matrix. Here’s more backstory: On February 4, 2021, the Police Commissioner and the Civilian Complaint Review Board entered into a Memorandum of Understanding (“MOU”) which governs the use of the newly promulgated NYPD Disciplinary Matrix in cases where the CCRB has substantiated allegations of misconduct against members. In short, both the CCRB and the Department are agreeing to use the presumptive penalties set forth in the Matrix when recommending penalties in substantiated cases. The Police Commissioner retains the authority to depart from the penalty set forth in the Matrix where mitigating factors warrant such departure. Under this MOU, however, the Police Commissioner must set forth, in writing, the reasons for such departure. Similarly, if for whatever reason the CCRB is seeking a penalty outside the guidelines, it, too, must set forth, in writing, reasons for such departure. Meanwhile, our record in challenging CCRB remains strong. Overall, CCRB complaints against Detectives are down significantly because of our aggressive representation. Substantiations against members are down. However, shootings across the five Boroughs are up more than 100%. Maybe the Mayor and CCRB should get their priorities in order. In those cases where CCRB brings charges against members, we will continue to fight vigorously those charges in the Trial Room on behalf of our members. It is no time for complacency, however. Continue to be vigilant. Protect your partners and yourselves, and we will be here to protect you.
