§ 75 — Law enforcement misconduct investigative office

New York § 75

• Jurisdiction: New York
• Law EXC: Executive
• Art. 5: Department of Law

Text

§ 75. Law enforcement misconduct investigative office. 1.\nJurisdiction. This section shall, subject to the limitations contained\nin this section, confer upon the law enforcement misconduct\ninvestigative office jurisdiction over all covered agencies. For the\npurposes of this section "covered agency" means an agency of any\npolitical subdivision within the state maintaining a police force or\npolice forces of individuals defined as police officers in section 1.20\nof the criminal procedure law, provided however, covered agency does not\ninclude any agency, public authority, or other entity under the\njurisdiction of the state inspector general pursuant to article four-A\nof the executive law, the metropolitan transportation authority\ninspector general pursuant to section one thousand two hundred\nseventy-nine of the public authorities law, or the port authority\ninspector general pursuant to chapter one hundred fifty-four of the laws\nof nineteen twenty-one.\n 2. Establishment and organization. (a) There is hereby established the\nlaw enforcement misconduct investigative office in the department of\nlaw. The head of the office shall be a deputy attorney general who shall\nbe appointed by the attorney general.\n (b) Such deputy attorney general may appoint one or more assistants to\nserve at his or her pleasure.\n (c) The salary for the head of such office shall be established within\nthe limit of funds available therefore; provided, however, such salary\nshall be no less than the salaries of certain state officers holding the\npositions indicated in paragraph (a) of subdivision one of section one\nhundred sixty-nine of this chapter.\n (d) The mission of the law enforcement misconduct investigative office\nshall be to review, study, audit and make recommendations relating to\nthe operations, policies, programs and practices, including ongoing\npartnerships with other law enforcement agencies, of state and local law\nenforcement agencies with the goal of enhancing the effectiveness of law\nenforcement, increasing public safety, protecting civil liberties and\ncivil rights, ensuring compliance with constitutional protections and\nlocal, state and federal laws, and increasing the public's confidence in\nlaw enforcement.\n 3. Functions and duties. The deputy attorney general shall have the\nfollowing duties and responsibilities:\n (a) receive and investigate complaints from any source, or upon his or\nher own initiative, concerning allegations of corruption, fraud, use of\nexcessive force, criminal activity, conflicts of interest or abuse in\nany covered agency;\n (b) inform the heads of covered agencies of such allegations and the\nprogress of investigations related thereto, unless special circumstances\nrequire confidentiality;\n (b-1) promptly inform the division of criminal justice services, in\nthe form and manner prescribed by the division, of such allegations and\nthe progress of investigations related thereto unless special\ncircumstances require confidentiality. Nothing in this paragraph shall\nrequire the division of criminal justice services to participate in the\ninvestigation of such allegations or take action or prevent the division\nof criminal justice services from taking action authorized pursuant to\nsubdivision three of section eight hundred forty-five of this chapter in\nthe time and manner determined by the commissioner of the division of\ncriminal justice services;\n (c) determine with respect to such allegations whether disciplinary\naction, civil or criminal prosecution, or further investigation by an\nappropriate federal, state or local agency is warranted, and to assist\nin such investigations, if requested by such federal, state, or local\nagency;\n (d) prepare and release to the public written reports of\ninvestigations, as appropriate and to the extent permitted by law,\nsubject to redaction to protect the confidentiality of witnesses and\nother information that would be exempt from disclosure under article six\nof the public officers law. The release of all or portions of such\nreports may be temporarily deferred to protect the confidentiality of\nongoing investigations;\n (e) review and examine periodically the policies and procedures of\ncovered agencies with regard to the prevention and detection of\ncorruption, fraud, use of excessive force, criminal activity, conflicts\nof interest and abuse;\n (f) recommend remedial action to prevent or eliminate corruption,\nfraud, use of excessive force, criminal activity, conflicts of interest\nand abuse in covered agencies; and\n (g) investigate patterns, practices, systemic issues, or trends\nidentified by analyzing actions, claims, complaints, and investigations,\nincluding, but not limited to, any patterns or trends regarding\ndepartments, precincts, and commands; and\n (h) on an annual basis, submit to the governor, the attorney general,\nthe temporary president of the senate, the speaker of the assembly, the\nminority leader of the senate and the minority leader of the assembly,\nno later than December thirty-first, a report summarizing the activities\nof the office and recommending specific changes to state law to further\nthe mission of the law enforcement misconduct investigative office.\n 4. Powers. The deputy attorney general shall have the power to:\n (a) subpoena and enforce the attendance of witnesses;\n (b) administer oaths or affirmations and examine witnesses under oath;\n (c) require the production of any books and papers deemed relevant or\nmaterial to any investigation, examination or review;\n (d) notwithstanding any law to the contrary, examine and copy or\nremove documents or records of any kind prepared, maintained or held by\nany covered agency;\n (e) require any officer or employee in a covered agency to answer\nquestions concerning any matter related to the performance of his or her\nofficial duties. No statement or other evidence derived therefrom may be\nused against such officer or employee in any subsequent criminal\nprosecution other than for perjury or contempt arising from such\ntestimony. The refusal of any officer or employee to answer questions\nshall be cause for removal from office or employment or other\nappropriate penalty;\n (f) monitor the implementation by covered agencies of any\nrecommendations made by the law enforcement misconduct investigative\noffice; and\n (g) perform any other functions that are necessary or appropriate to\nfulfill the duties and responsibilities of office.\n 5. Responsibilities of covered agencies, officers and employees. (a)\nEvery officer or employee in a covered agency shall report promptly to\nthe law enforcement misconduct investigative office any information\nconcerning corruption, fraud, use of excessive force, criminal activity,\nconflicts of interest or abuse by another officer or employee relating\nto his or her office or employment, or by a person having business\ndealings with a covered agency relating to those dealings. The knowing\nfailure of any officer or employee to so report shall be cause for\nremoval from office or employment or other appropriate penalty. Any\nofficer or employee who acts pursuant to this subdivision by reporting\nto the law enforcement misconduct investigative office shall not be\nsubject to dismissal, discipline or other adverse personnel action.\n (b) Upon receiving at least five complaints from five or more\nindividuals relating to at least five separate incidents involving a\ncertain officer or employee within two years, the head of any covered\nagency shall refer such complaints to the law enforcement misconduct\ninvestigative office for review. The law enforcement misconduct\ninvestigative office shall investigate such complaints to determine\nwhether the subject officer or employee has engaged in a pattern or\npractice of misconduct, use of excessive force, or acts of dishonesty.\nThe referral and investigation pursuant to this subdivision shall be in\naddition to and shall not supersede any civil, criminal, administrative\nor other action or proceeding relating to such complaints or the subject\nofficer or employee.\n (c) The head of any covered agency shall advise the governor, the\ntemporary president of the senate, the speaker of the assembly, the\nminority leader of the senate, the minority leader of the assembly and\nthe division of criminal justice services within ninety days of the\nissuance of a report by the law enforcement misconduct investigative\noffice as to the remedial action that the agency has taken in response\nto any recommendation for such action contained in such report.\n (d) Nothing in this section shall be construed to impede, infringe, or\ndiminish the rights, privileges, benefits or remedies that accrue to any\nemployee pursuant to any agreement entered into pursuant to article\nfourteen of the civil service law.\n