Comptroller Stringer Op-Ed: Create Real Accountability for NYPD Misconduct by Strengthening Oversight Authority of the Civilian Complaint Review Board

(New York, NY) ⁠— The New York Daily News published an op-ed by New York City Comptroller Scott M. Stringer calling for greater transparency and accountability for police misconduct and meaningful police disciplinary reform by strengthening the oversight authority of the Civilian Complaint Review Board (CCRB). To improve effectiveness of the CCRB, Comptroller Stringer proposed ending the police commissioner’s authority to treat CCRB investigations and recommendations as advisory and granting the CCRB power to make final disciplinary decisions. Comptroller Stringer also proposed removing the NYPD Office of Trials, which currently reviews the most serious CCRB cases, from Police Department jurisdiction while expanding the CCRB’s jurisdiction and powers.

Text of the op-ed is available below and can be viewed online here.

This summer, in neighborhoods all across the city, we saw police officers, ostensibly charged with protecting the peace, using extreme force against peaceful protestors. While violence at the hands of law enforcement has been an undeniable reality for New Yorkers of color for decades, these images — on the heels of the police killings of George Floyd, Breonna Taylor and Ahmaud Arbery — sparked a citywide reckoning on police misconduct and the mechanisms by which we hold law enforcement accountable. To the surprise of almost no one, these mechanisms are in need of serious reform in New York City.

Each year, New York City’s Civilian Complaint Review Board is responsible for investigating thousands of complaints of misconduct by the NYPD related to excessive force, abuse of authority, discourtesy and offensive language. Though the CCRB is purportedly an independent agency, it does not have the authority to even conduct a thorough investigation. Officers skip interviews with CCRB investigators, body-worn camera footage is slow-walked or withheld, and access to additional case evidence is often denied.

Most critically, the CCRB cannot impose discipline on its own, making it all but toothless in recent years. That power lies with the police commissioner, who has full discretion to overturn CCRB disciplinary recommendations — which is exactly what has happened in more than 70% of serious infractions in the last two decades. Under this system, only one CCRB investigation has resulted in the termination of an officer between January 2014 and May 2020. And unless the CCRB is given greater disciplinary authority going forward, this system will continue to deny police accountability and thwart justice.

It’s time for a fundamentally new direction. We need real, independent oversight and real accountability. The city should end the police commissioner’s authority to treat CCRB investigations and recommendations as advisory — and instead grant the CCRB power to make final disciplinary decisions.

This one change would go a long way toward creating real accountability for police misconduct and ending a status quo where wrongdoing is swept aside.

Meanwhile, the NYPD Office of Trials, which currently reviews the most serious CCRB cases, should be removed from Police Department jurisdiction. Its judges should no longer be appointed by the commissioner. To back up this critically-needed reform, the powers of the CCRB’s Administrative Prosecution Unit, which is responsible for trying the most serious cases, should be codified into law and the findings of all investigations should be fully transparent to the public.

To make the CCRB more effective, its jurisdiction and powers should be expanded beyond today’s limited range. Allegations of biased policing and racial profiling should be investigated and prosecuted by the CCRB, as well as cases currently referred to the department’s Internal Affairs Bureau — including failure to provide aid and failure to comply with body-worn camera guidance. The CCRB shouldn’t have to rely on the NYPD to hand over evidence; it should have direct and unfettered access to body camera footage in order to carry out their investigations. And there must be real consequences for officers who skip interviews with CCRB investigators.

The CCRB should also have access to the full disciplinary history of any officer under active investigation. If an officer has been flagged by the NYPD due to complaints, lawsuits, or below-standard performance evaluations, this information should factor into disciplinary decisions. Officers with a history of misconduct cannot continue to operate with impunity.

And it’s time for robust public review of the NYPD Patrol Guide, which contains the rules that officers must follow in the course of their work.

As it stands, agencies like the CCRB are only allowed to investigate and discipline police officers based on the internal procedures set by the department. Where these rules and regulations are inadequate, so too are any CCRB investigations. Moving forward, the Patrol Guide must be thoroughly reviewed and reformed, with all changes subject to the New York City’s Administrative Procedure Act requiring public review and input.

Our commitment to justice cannot be situational; meaningful police disciplinary reform must apply the same standards of conduct across the board to everyone. That means making sure the system can’t be gamed and the rules can’t be rigged to hide the truth from the light of day. It means strengthening the oversight authority of the CCRB so it can root out misconduct and serve New Yorkers first. Ultimately, it means rebuilding the trust between police and communities that is central to public safety — and honoring the service of police officers by ensuring their service is worthy of honor.

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