File #: Res 1762-2021    Version: * Name: Allow access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers. (S.6760)
Type: Resolution Status: Filed (End of Session)
Committee: Committee on Public Safety
On agenda: 10/21/2021
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass, and the Governor to sign, S6760, legislation to allow access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers.
Sponsors: Adrienne E. Adams
Council Member Sponsors: 1
Attachments: 1. Res. No. 1762, 2. October 21, 2021 - Stated Meeting Agenda with Links to Files, 3. Hearing Transcript - Stated Meeting 10-21-21, 4. Minutes of the Stated Meeting - October 21, 2021, 5. Committee Report 12/6/21, 6. Hearing Testimony 12/6/21, 7. Hearing Transcript 12/6/21
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2021*Adrienne E. Adams City Council Filed (End of Session)  Action details Meeting details Not available
12/6/2021*Adrienne E. Adams Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
12/6/2021*Adrienne E. Adams Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
10/21/2021*Adrienne E. Adams City Council Referred to Comm by Council  Action details Meeting details Not available
10/21/2021*Adrienne E. Adams City Council Introduced by Council  Action details Meeting details Not available

Res. No. 1762

 

Resolution calling upon the New York State Legislature to pass, and the Governor to sign, S6760, legislation to allow access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers.

 

By Council Member Adams

 

Whereas, Civilian law enforcement oversight entities throughout New York State, including, but not limited to the Civilian Complaint Review Board (“CCRB”), are responsible for investigating and recommending action on complaints against police officers related to misconduct; and

Whereas, The CCRB, specifically, is empowered to receive, investigate, mediate, hear, make findings, and recommend action on complaints made against New York City police officers alleging the use of excessive or unnecessary force, abuse of authority, discourtesy, or the use of offensive language; and

Whereas, Legal barriers currently exist that prevent civilian law enforcement oversight entities, such as the CCRB, from meeting their essential goals, by precluding their ability to compel the release of sealed and protected records for investigative purposes; and

Whereas, CCRB Chairman Frederick Davie has petitioned state lawmakers for exemptions from state sealing statues, calling it a necessary action for the agency to achieve their legal mandate to probe racial profiling and patterns of bias policing within the New York City Police Department (“NYPD”), according to the New York Daily News; and

Whereas, Over 279,000 misconduct complaints filed against NYPD officers since the CCRB’s creation, fewer than 20,000, or just about 7 percent, have been substantiated, according to the New York Civil Liberties Union’s NYPD Misconduct Complaint Database; and

Whereas, Allowing civilian law enforcement entities access to sealed and protected records that may contain information pertinent to their misconduct investigations has the potential to improve the accuracy of substantiation rates; and

Whereas, S6760, originally introduced by former Senator Brian Benjamin, would, if passed, improve the ability of civilian law enforcement entities to thoroughly investigate police misconduct by amending the criminal procedure law, the civil rights law, and the family court law to allow them access to sealed and protected police records; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign, S6760, legislation to allow access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers.

 

 

LS #18058

10/20/2021 10:31 PM

M.T.