Civilian Complaint Review Board For Roosevelt Island and New York State Police Proposed By Assembly Member Micah Kellner

Logo of New York City Civilian Complaint Review Board from nyc.gov

Over the last several years, there has been a desire by some Roosevelt Island residents to establish a Civilian Review Board to investigate misconduct complaints brought against the Roosevelt Island Operating Corp's (RIOC) Public Safety Department. A 2008 referendum, sponsored by the Roosevelt Island Residents Association (RIRA), on the question of a Civilian Review Board presented the issue to residents as follows:

Question #2: Citizens review board for Public Safety Department
WHILE CITIZENS OF NEW YORK CITY HAVE ACCESS TO A CITIZENS REVIEW BOARD FOR THE NYPD, ROOSEVELT ISLAND RESIDENTS HAVE NO SUCH EQUIVALENT FOR THE PUBLIC SAFETY DEPARTMENT. SHOULD ROOSEVELT ISLAND RESIDENTS HAVE A CITIZENS REVIEW BOARD TO HEAR COMPLAINTS ABOUT THE PERFORMANCE OF THE PUBLIC SAFETY DEPARTMENT AND THEIR OFFICERS?
Background: RIOC provides State peace offices in their Public Safety Department. Residents have expressed a desire for a formal process that can hear and act on their concerns.

The resolution in favor of a Civilian Complaint Review Board to investigate allegations against the Public Safety Department passed 1038 to 67.

What currently happens when there is a complaint against an officer of RIOC's Public Safety Department? In an earlier post I asked Roosevelt Island Public Safety Department Director Keith Guerra who answered:

Some folks choose to make complaints to me verbally, and can do so by calling me or coming in to see me in person. Others choose to lodge their complaints in writing, and can do so by filling out a Complaint Form and submitting it. That complaint will be investigated by the Integrity Control Officer (ICO). The last option is to lodge their complaint with the CCRB. A paid investigator will receive the complaint and forward it to the appropriate body.

This situation may change soon if a bill introduced by Assembly Member Micah Kellner, whose district includes Roosevelt Island and Manhattan's Upper East Side, becomes law. Mr. Kellner's bill, (A 10618), will create a New York State Civilian Review Board. According to Mr. Kellner:

When a civilian makes an allegation of misconduct against an officer of the New York City Police Department, both the officer and the civilian know that the complaint will be investigated by a fair and impartial body — the New York City Civilian Complaint Review Board (NYC CCRB). But when there is a dispute over the conduct of an officer employed by one of the many police forces operated by the State of New York, there is no such recourse.

Our state government has created dozens of different police forces, of all shapes and sizes. They do important work, but when there’s a complaint, officers and civilians alike are thrown to the mercy of dozens of different internal review processes—which are often murky and inconsistent. I have introduced legislation to replace this Kafkaesque system with a single, fair and independent civilian review body — the New York State Civilian Complaint Review Board.

With this legislation, our state’s bewildering array of state police forces will be brought together under a new independent watchdog, which will monitor police and peace officers employed by the State of New York—from state troopers and Port Authority Police to parks police, animal control officers, and tax enforcers.

The board, modeled after the NYC CCRB, will be empowered to investigate complaints about misconduct by officers employed by New York State agencies, public authorities, and public benefit corporations, and to recommend disciplinary action as appropriate—including forwarding cases to district attorneys where necessary.

This is critical to improving trust between New Yorkers and law enforcement. We have seen controversies ranging from allegations that state troopers attempted to influence a witness for political reasons, to complaints about excessive force by the Public Safety Department on Roosevelt Island. When there’s a claim that an officer acted abusively, we need a review process that everyone can have faith in.

The board will have subpoena power, and will employ experienced investigators to examine allegations of abuse of authority or excessive force. Any member of the public will be able to initiate an investigation, as will the board itself. In cases where misconduct allegations are substantiated, the board will recommend appropriate disciplinary action—and if no action is taken by an officer’s employer, the case will be forwarded to the local district attorney.

The New York City CCRB was controversial at first, but you can’t argue with the fact that relations between the NYPD and the community are the best they’ve ever been. This is no coincidence: when you have fair and consistent oversight, you get better policing and more public trust in officers. Everyone wins.

The board will consist of nine members, three chosen by the Governor and six appointed upon the recommendations of, respectively, the Attorney General, the State Comptroller, the Temporary President and Minority Leader of the Senate, and the Speaker and Minority Leader of the Assembly. The legislation authorizes the board to hire an executive director and an investigative staff.