DiGiacomo vs. CCRB – Appeal Filed and Being “Perfected”
When the CCRB published new rules in 2020 and early 2021, the DEA immediately filed a lawsuit in Supreme Court, NY County challenging the unreasonable and illegal expansion of its “FADO” jurisdiction, for example, giving CCRB jurisdiction over “false statement” allegations, and allegations of “failing to provide identifying information.” The Supreme Court denied our lawsuit. We therefore appealed that decision to the Appellate Division, First Department. Our memorandum of law and other documents have been submitted and we are awaiting a date for oral argument. The PBA also filed suit against the CCRB challenging some of these rules. The PBA lawsuit was likewise denied and they appealed to the First Department as well. Unfortunately, the Appellate Division has denied the City’s appeal. We are hoping the appeals court sees things differently in our appeal and finds these changes for what they are – an illegal power-grab by the CCRB – and strikes down some or all of the rules.
Here’s the backstory: On November 10, 2021, the Supreme Court, New York County (Justice Laurence Love) denied our Petition and lawsuit filed against the CCRB challenging the 2020 amendments to their rules which we maintain are illegal and a clear abuse of their discretion. At the same time the Court issued this order, it also denied similar challenges brought by the PBA, SBA, LBA and CEA. We submitted a motion to reargue the case in front of Judge Love as his decision failed to address several arguments in our papers, but regrettably the Court denied that motion in its entirety.
CCRB Issues
i). CCRB has recently recommended charges against several of our members stemming from the riots of May, June, and July of 2020. They are also bringing charges against more than 140 Officers of all other ranks. We are setting expedited trial dates for our members and asking the Police Commissioner to dismiss all charges related to the riots.
ii). In light of CCRB’s overreaching, members must be fully prepared when being interviewed by CCRB. If they are not, or don’t know what the interview pertains to, reschedule the interview. If a member was already “GOed” regarding the incident that is the subject of the CCRB interview, the member must listen to their “GO” prior to being interviewed. The GO can be obtained at the CCRB NYPD liaison office at 100 Church Street. Bring any issues to our attorney’s attention as soon as possible.
iii). The DEA continues to have members found “Not Guilty” of CCRB charges in the NYPD Trial Room and by the Police Commissioner. CCRB can overstep all they want; our attorneys will continue successfully to challenge these cases at trial.
iv). Going to CCRB while a Defendant’s Criminal Case is still active – When a member is notified to appear for an interview at CCRB regarding any criminal case that is still pending against a perpetrator, the member must notify the ADA assigned to that case. Particularly in regards to felony and “major crimes” prosecutions, ADAs will often contact CCRB and request a “hold” on the CCRB investigation so as not to jeopardize the outcome of the criminal prosecution. While there is nothing legally to prevent CCRB from conducting a simultaneous investigation, they often honor a DA’s hold request.
