Twelve-item legislative package includes reforms to discipline and reducing the role of police
The City Council announced it will introduce a legislative package of 11 bills and one resolution aimed at reforming the New York City Police Department, that will be considered at a series of hearings in February.
This package is in response to Gov. Andrew Cuomo’s Executive Order in June directing New York City to adopt a policing reform plan by April 1. The Council action comes despite months of delays from the de Blasio Administration to comply with the order. As the Council works to engage stakeholders and address the many issues raised by advocates and impacted communities, additional hearings and reform measures will be announced.
“This legislative package will be just one of the steps the City Council is taking toward reforming policing,” said Speaker Corey Johnson. “It is critical that we redefine public safety and reduce the NYPD’s footprint. From mandating that the Council confirm incoming police commissioners to ensuring non-carceral interventions to community safety, this legislation will bring much-needed transparency and accountability to New Yorkers.”
The initial proposals, most of which will be introduced at the Feb. 11 Stated meeting, would reduce the NYPD’s footprint in the City and improve police discipline and increase accountability. Hearings will begin on February 8th.
Reforming police discipline and increasing accountability
Remove the Police Commissioner’s final disciplinary authority
Sponsored by Majority LeaderLaurie Cumbo and Council Member Stephen Levin, this resolution would call on the State to enact legislation that would remove the New York City Police Commissioner’s exclusive authority over police discipline, allowing the CCRB to impose discipline in cases involving use of force, abuse of authority, discourtesy, and offensive language. This resolution will be heard in the Committee on Public Safety on February 16 at 10:00am.
Ending qualified immunity for police officers
Sponsored by Council Member Stephen Levin, this bill would end qualified immunity for police officers in New York City. The bill would create a new local civil right protecting New Yorkers against unreasonable searches and seizures, including the use of excessive force. The private right of action associated with that right would prohibit qualified immunity as a defense. This bill will be heard in the Committee on Public Safety on February 16 at 10:00am.
Requiring confirmation of the Police Commissioner
Sponsored by Council Members Adrienne Adams, Ben Kallos, Public Advocate Jumaane D. Williams, and Speaker Corey Johnson this bill would subject the Police Commissioner to the advice and consent of the Council. This introduction will be heard in the Committee on Public Safety on February 16 at 10:00am.
Investigating police officers with a history of bias
Sponsored by Council Member Vanessa L. Gibson, this bill would allow a greater level of scrutiny of past activity by NYPD employees found to have exhibited bias, prejudice, intolerance or bigotry. The bill would require the City Commission on Human Rights (CCHR) to investigate that employee’s work history to determine if it was influenced by bias or prejudice. The CCHR would then turn over its findings and recommendations to the NYPD for potential further action, including any discipline, as well as to District Attorneys. Also, in light of the recent findings by the Council’s Oversight and Investigations Division regarding the conduct of the now former commanding officer of the NYPD Equal Employment Opportunity Division, James Kobel, the bill would require the CCHR to review the cases handled by the NYPD’s EEO Division during his tenure. The bill will be heard in the Committee on Civil and Human Rights on February 8 at 1:00pm.
Reporting on vehicle stops
Int. 1671, sponsored by Council Member Adrienne Adams, would require the NYPD to issue a quarterly report on all traffic stops and vehicles stopped at roadblocks or checkpoints. This bill will be heard in the Committee on Public Safety on February 16 at 10:00am.
Preserving freedom of the press
Int. 2118, sponsored by Council Member Keith Powers, would give the Department of Citywide Administrative Services (DCAS) sole authority to issue, suspend and revoke press credentials. DCAS would be required to establish rules setting forth the procedures and criteria for applications for press credential and suspension and revocation of press credentials, including procedures for appealing a suspension, revocation or denial of application. This bill will be heard in the Committee on Governmental Operations on February 9 at 10:00am.
Creating a non-police emergency response for mental health emergencies
Sponsored by Council Members Diana Ayala, Speaker Corey Johnson, Public Advocate Jumaane D. Williams, Alicka Ampry-Samuel, Robert Cornegy, Helen Rosenthal, Adrienne Adams, Farah Louis, and Majority Leader Laurie Cumbo, this bill would create an Office of Community Mental Health within the Department of Health and Mental Hygiene to develop a Citywide Mental Health Emergency Response Protocol, wherein mental health emergencies are responded to by a Mental Health Emergency Response Unit, rather than the police. The Office would train relevant City employees regarding the protocol, including the NYPD officers, 911 call operators, and new academy recruits. This bill will be heard in the Committee on Mental Health on February 22 at 10:00am.
Creating safe, welcoming schools
Reforming the role of school safety agents
Sponsored by Council MembersCosta Constantinides, Helen Rosenthal, Mark Treyger, Adrienne Adams, and Speaker Corey Johnson, this bill will ensure that NYPD will be fully removed from school safety after June 2022. The bill will require significant reforms to the program and the role of school safety agents by August 2021, so that agents no longer make arrests, carry weapons or mechanical restraints, or wear law enforcement uniforms. School safety personnel would also be retrained, with a focus on areas such as restorative justice, child and youth development, and de-escalation. This bill will be heard in the Committee on Education on February 18 at 10:00am.
Protecting students in emotional crisis
Int. 2188, sponsored by Council Member Diana Ayala, would regulate the NYPD’s response to children in emotional crisis within public schools. The bill establishes procedures responding to children in emotional crisis and limits the use of mechanical restraints on children in emotional crisis. Additionally, school safety personnel would be required to receive training on identifying and responding to children in emotional crisis. This bill will be heard in the Committee on Education on February 18 at 10:00am.
Increasing transparency on school safety agent turnovers
Sponsored by Council Member MarkTreyger, this bill would require reporting on the employment turnover of school safety agents, including information on transfers, terminations, and resignations. This bill will be heard in the Committee on Education on February 18 at 10:00am.
Giving principals a larger role in the school safety program
Sponsored by Council Member MarkTreyger,this bill would requiring reporting on the input principals have provided on the performance of school safety agents assigned to their school. This bill will be heard in the Committee on Education on February 18 at 10:00am.
Improving traffic safety
Moving traffic crash investigations to the Department of Transportation
Sponsored by Council Members Ydanis Rodriguez, Brad Lander, Speaker Corey Johnson, and Stephen Levin, this bill would transfer the primary responsibility for investigating serious vehicular crashes from the police department to the Department of Transportation (DOT). The bill would require the DOT to create a crash investigation and analysis unit tasked with investigating all vehicle crashes involving significant injury. This bill will be heard in the Committee on Transporation on February 24 at 10:00am.
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