Prosecution

Prosecution


Historically, when the board substantiated a complaint and found that an officer committed misconduct, it forwarded the case to the New York City Police Department (NYPD), in most cases with a disciplinary recommendation.

While the CCRB has the authority to investigate complaints and to determine if misconduct occurred, under the law only the police commissioner has the authority to impose discipline and decide the appropriate penalty.

However, on April 2, 2012, the NYPD and the CCRB signed a Memorandum of Understanding (MOU) which conferred on the CCRB the power to prosecute substantiated cases where the board recommended "charges and specifications," the most serious discipline.

As a result, the CCRB's Administrative Prosecution Unit (APU) now prosecutes nearly all the cases where the Board recommended the subject officer receive charges and specifications, with limited exceptions. The trials are almost always held at the police department, before an administrative law judge, either the Deputy Commissioner for Trials or an Assistant Deputy Commissioner of Trials. If an officer is found guilty, the penalty can be a warning and admonishment, loss of vacation days, suspension without pay, dismissal probation, or termination from the NYPD. The police commissioner retains the authority to decide the whether discipline is imposed, what level of discipline is imposed, and the penalty imposed.

Read the MOU announcement