NYPD Announces 60-Day Update on Disciplinary System Reforms

Improvements to Disciplinary System Include Stronger Penalties for Domestic Violence

Commissioner James P. O'Neill today announced an update to reforms of the NYPD disciplinary system. In June 2018, Commissioner O'Neill convened an Independent Panel comprised of former Chair of the U.S. Securities and Exchange Commission Mary Jo White, U.S. Attorney Robert Capers, and former federal judge Barbara Jones. The panel performed an autonomous, exhaustive review of NYPD discipline policies and made recommendations to improve it. On February 1, Commissioner O'Neill accepted the panel's 13 recommendations and pledged to implement five of the recommendations within 60 days. He also appointed an Implementation Group comprised of NYPD executives and chaired by First Deputy Commissioner Benjamin B. Tucker to lead this critical work.

The five short-term recommendations include:

• Recommendation #1: Support amendments to 50-a
• Recommendation #2: Guard against expansion of the scope of 50-a
• Recommendation #3: Enhance public reporting in line with other agencies
• Recommendation #4: Publish trial room calendars
• Recommendation #6: Enhance variance reporting when penalty differs from recommendation

"Sixty days out from the panel's report, the NYPD continues to make significant progress in all areas. It's vital that we keep making our way forward, while always balancing it with the privacy and the safety of our police officers. All of this is an important step toward even greater transparency, and it is a crucial way to continue building trust and strengthening relationships across the city,” said Police Commissioner James P. O'Neill.

In addition to the five recommendations that the Commissioner pledged to implement within 60-days, starting April 1st, the Department is adopting the recommendations from the Commission to Combat Police Corruption and the Independent Panel for discipline regarding domestic violence, which includes stronger penalties for offenders. Now, the first time, presumptive penalties have been established for members of service found guilty by the department of committing an act of physical domestic violence.

The strengthened domestic violence penalties include:

• Addition of the presumptive penalty of dismissal probation for first-time offenders, in which violators lose civil service rights and now have one year to demonstrate commitment to rehabilitation by attending counseling, submitting to monthly evaluations, and following all department policies, or face outright dismissal.
• The presumptive penalty for second-time offenders and/or members of service that have been legally convicted of a domestic violence crime is now termination.
• Increase in potential penalty days that an offender can receive for acts of domestic violence based on the aggravating circumstances, like the presence of children during the incident.

The NYPD takes every instance of alleged domestic violence seriously, and the adoption of these recommendations will guide the Police Commissioner, who, as endorsed by the Panel, retains final disciplinary decision-making.

The domestic violence policy is currently being finalized, and will be made public when it is complete.

Below is a status update of the recommendations:

#	Recommendation	Update
1	The Department should support amendments to 50-a to increase transparency and enhance accountability.	NYPD leadership has voiced unequivocal support for 50-a reform in a number of forums. Read an op-ed from the Police Commissioner here. The Department will continue to engage members of the legislature in Albany.
2	The NYPD must guard against unwarranted expansion of the scope of 50-a.	For FOIL requests since March, the Legal Bureau no longer asserts 50-a as a basis for non-disclosure of body-camera footage, arrest reports, and other routine police reports completed in connection with an arrest.
3	The NYPD should also enhance its public reporting in line with that of other agencies.	NYPD newly created and published 2016 and 2017 reports as of April 1. These reports include never-before-published aggregate discipline information, within the limitations of 50-a. The 2018 report will be posted in May 2019 and on an annual basis thereafter.
4	Publish trial room calendars.	As of March 4th, the Trial Room Calendar is posted online the first Monday of every month.
5	The Department should appoint a Civilian Liaison.	The Department is establishing the Civilian Liaison position and will appoint by Fall 2019.
6	The Police Commissioner should enhance the documentation of variances from disciplinary recommendations.	Beginning in mid-March, enhanced variance memoranda are now prepared for any discipline decision that deviates from DAO, DCT, or CCRB recommendation.
7	The NYPD should adopt protocols to insulate decision makers from external pressures and minimize the appearance of inappropriate influence over the disciplinary process.	NYPD is developing a protocol and recusal policy and is on track to publish this new policy publically and train relevant members of service by Fall 2019.
8	The Department should study and consider adopting a disciplinary matrix.	The Department should study and consider adopting a disciplinary matrix
9	The Department should take measures to expedite disciplinary adjudications.	The NYPD is increasing personnel to handle case-load and identified fast-tracks for lower-level offenses, saving as much as three months in those cases.
10	The Department should strengthen enforcement of false statement disciplinary policies.	New false statement enforcement policy will be in place by Summer 2019.
11	The Department should adopt presumptive penalties in domestic violence cases as recommended by CCPC.	The NYPD is adopting presumptive penalties for physical acts of domestic violence as of April 1st, 2019 and is launching new mandatory training and an employee awareness campaign for all members of service in May 2019.
12	The Department should upgrade and integrate its Case Management System.	The NYPD is developing technology solutions to ensure the successful implementation of all recommendations and efficient cross-sharing with other internal divisions.
13	Identify an external organization to audit the NYPD's reformed disciplinary system.	NYPD is reviewing models for an independent audit of discipline process, and will establish a proposal by the end of summer.

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The NYPD Implementation Group members include:

• John K. Donohue, Chief of Strategic Initiatives
• Vincent D. Grippo, Deputy Commissioner for Management and Budget
• Rosemarie Maldonado, Deputy Commissioner Trials
• Matthew Pontillo, Assistant Chief and Commanding Officer in the Office of the First Deputy Commissioner
• Ann Prunty, Assistant Deputy Commissioner Legal Matters
• Joseph Reznick, Deputy Commissioner Internal Affairs
• Jessica Tisch, Deputy Commissioner Information Technology
• Cecil Wade, Deputy Chief and Commanding Officer in the Office of the Police Commissioner
• Ashley Waters, Counsel to the Police Commissioner

Attorney General James And Coalition Files Brief In Census Case Challenging Trump Administration's Attempt To Add Citizenship Question To The 2020 Census

  Attorney General Letitia James, leading a coalition of 18 states, 16 local governments, and the U.S. Conference of Mayors filed a merits brief in the United States Supreme Court in the case challenging the Trump Administration’s attempt to add a question about citizenship to the 2020 Census. Attorney General James released the following statement: 

“The federal government is legally required to perform an accurate count of the people in this country every ten years. The thoroughness and accuracy of this count is paramount: it determines the allocation of Congressional seats and federal funding for localities and municipalities. Any deviation in this count – especially one that affects some states and localities more than others – would have far-reaching and long-last implications for states, communities, and our ability to best support Americans. The federal government’s attempt to add a question about citizenship to this Census is antithetical to its basic responsibility to protect and serve our country – this question would incite widespread fear in immigrant communities and greatly impair the accuracy of the Census. Simply put, we cannot afford for anyone to be left out. We look forward to presenting our position to the Supreme Court.” 

In January 2019, the U.S. District Court for the Southern District of New York, ruled in favor of the New York Attorney General’s Office in a lawsuit to block the Trump Administration from demanding citizenship information in the 2020 Census. The United States Supreme Court will be hearing the case in April 2019. The initial lawsuit was filed in April 2018. New York is leading a coalition of 18 states, 16 local governments, and the U.S. Conference of Mayors in this case. The multistate and local government suit was consolidated with a case brought by multiple non-profit groups. 

Van Naes Neighborhood Alliance Meeting April 1, 2019

   The April Monthly Meeting of the Van Nest Neighborhood Alliance was held Monday night with Guest Speaker Deputy Chief Inspector Chuck Holzinger talking about fire safety in your home. Pictured above (L - R) are VNNA Treasurer John Messenger, VNNA President Bernadette Ferrara, Deputy Chief Inspector Chuck Holzinger, VNNA Senior Advisor Bob Nolan, VNNA Secretary Marion Manfredi, and VNNA Vice-President Sharlene Jackson-Mendez.

  Deputy Chief Inspector Holzinger spoke about changing the batteries in your smoke and carbon monoxide alarms every year, and that new alarms are hitting the market where when the alarm goes off a person will not be able to just take out the battery to turn off the alarm, but the alarm will be sealed and have a battery life of ten years.

  He spoke about buying new hair dryers and irons every few years, because the filament wears out and can become a fire hazard. Electric extension should not be overloaded especially in the hot weather months when the electricity level drops as demand increases. A surge in power when the demand drops can be a cause of fire if these extension cords are not able to handle the surge of electricity. He warned about cheap wire strip plug in electric extenders, and said make sure that what you buy has the UL tag for safety. 

  Representatives of local elected officials gave community reports, and the NCO officers went over a few calls in the area that were handled by the 49th Precinct including a mentally disturbed person police had to take care of. 

  The next VNNA meeting will be on Monday May 6th with Postal branch managers from 10460, 61, and 62 in attendance to answer questions about local mail service. Friday May 10th is the Annual VNNA Dinner for more information call Bernadette Farrara at 917-498-5786 or Marie Santillana at 646-305-4913 for more information. 

  Monday May 27th the Annual Memorial Day Parade and services begin at noon in front of the Van Nest Memorial at White Plains Road and Van Nest Avenue. 

One Book One Bronx on Soundcloud

One Book One Bronx returns on Tuesday, April 2, 6:30pm. We'll discuss Chapters 17-22 of Freshwater by Akwaeke Emezi. We hope to see everyone back at BronxArtSpace, 305 E. 140th St. at 6:30pm. This is the final discussion of Freshwater Click here for details.

On Tuesday, April 16, 6:30pm, One Book One Bronx will start Training School for Negro Girls by Camille Acker. 

In her debut short story collection, Camille Acker 

In her debut short story collection, Camille Acker unleashes the irony and tragic comedy of respectability onto a wide-ranging cast of characters, all of whom call Washington, DC, home. A “woke” millennial tries to fight gentrification, only to learn she’s part of the problem; a grade school teacher dreams of a better DC, only to take out her frustrations on her students; and a young piano player wins a competition, only to learn the prize is worthless. Click here to RSVP

From our friends at Kweli Journal  Kweli Color of Children's Literature Conference  Join Kweli on April 6 for an incredible day with top editors, agents, authors & illustrators in the children's/YA publishing world. This annual spring conference is an excellent opportunity for IPOC writers & illustrators to learn, get inspired and network with others in the industry. The conference will be held at 365 Fifth Avenue @ 34th St., New York, NY. Click here to register.

Literary Freedom Project is a Bronx-based 501c3 tax-exempt nonprofit arts organization that seeks to restore the importance of social and cultural identity through reading. Towards this goal, LFP publishes Mosaic Literary Magazine; develops literature-based lesson plans and workshops; and presents One Book One Bronx and Mosaic iterary Conference.

New Podcast! One Book One Bronx on Soundcloud Can't make it to the Bronx? Listen to discussions and get inspired by the conversation. Each week, we'll present a new podcast to reach a broader audience and increase our mission to build engagement around books and culture. Click here and start listening.

One Book One Bronx in the News Thank you, News12 for covering one of our meetings. It was a full house, and the Literary Freedom Project's Executive Director Ron Kavanaugh got a chance to say a few coherent words. Click here to watch. ©1998 - 2019 Literary Freedom Project | 557 Grand Concourse PMB 143, Bronx, NY 10454

The Negligenace of the School Construction Authority

WHAT YOU SHOULD KNOW

By Councilman, Rubén Díaz Sr.

Bronx County, New York

  You should know that there is nothing more important for our future than our children. You hear politicians, families, and every day people talk about how much they love the children in their communities and how we must offer them every resource possible as they grow up.

Our schools are run by the Department of Education, but whenever a school must undergo construction they deal with the School Construction Authority (SCA). The School Construction Authority is not as well-known as the Department of Education, and until my time here at the City Council I wasn’t much aware of their existence either.

You should also know that the School Construction Authority single handedly limits and prevents the environment our children learn in from being safe and structurally sound.

PS 36 is a school in my district located in a 100 year old building with many facets of it falling apart. The Principal graciously requested my assistance in funding some of the much needed projects in the school, to which I was honored to do so.

You should know that I allocated $800,000 last year to help replace the beaten down auditorium seats at PS 36. That’s right, $800,000. It’s an astronomical figure, but it is the amount estimated by the School Construction Authority. My dear reader, you should know that a construction project headed by the School Construction Authority costs more per square foot than a high rise luxury apartment in Manhattan.

While the amount is something to awe at, I want to draw the attention on the timeline the Principal, families and children must wait for a project like this to complete. It has been nearly one year since I allocated those $800,000 and there has not been so much as a design update offered to the Principal. This project cannot stall any longer.

My dear reader, these chairs are in absolute dire need of removal. They are all loose, many broken, and some just completely missing. Many children have literally fallen due to a seat breaking from underneath them. When do we step in and decide to move swiftly? When a child is seriously injured? When a teacher or parent falls and sues the City for millions? I have proposed the solution, but the School Construction Authority is dragging their feet.

You should know this is not atypical. I have spoken to my colleagues in government and many other school principals and they all shared their frustrations about the School Construction Authority with me. Three, four, even five years are some of the time estimates I have heard for projects sometimes as simple as chairs in an auditorium. We simply cannot accept this as the norm, there must be change within the School Construction Authority and their process for school construction.

So Mr. Mayor Bill de Blasio & City Council Speaker Corey Johnson, the ball is in your court, if we really love the children as much as we say.

I implore any of you to pay a visit to PS 36 in the Bronx and see for yourself the conditions poor students must endure as a result of the School Construction Authority’s sky high pricing and negligent operations.

This is Councilman Rev. Ruben Diaz and this is what you should know. 

WILLIAMS TO EXPLORE 2021 MAYORAL RUN - April 1, 2019

  Public Advocate Jumaane D. Williams today announced he would explore a run for Mayor in the 2021. Williams assumed office as the Public Advocate for New York City two weeks ago after winning a February 26th special election for the seat. He joins a crowded field of current and former elected officials vying to succeed Mayor Bill de Blasio, who is term limited.

Williams, who ran for Speaker in 2017, Lieutenant Governor in 2018, and Public Advocate in 2019, looks to pursue a robust campaign schedule through 2020 and 2021.

"When I stepped into my new office in the David N. Dinkins Municipal Building, I looked down at City Hall and thought 'I wonder what the view's like from there?'" said Williams in announcing his decision. "I like running, and I've gotten pretty good at it. I'll have my hands full running in this year's Public Advocate primary in June and general election in November, but after that I'm ready to dive in."

Council Member Brad Lander announced his support for Williams' candidacy, saying "He's running for what? Mayor? Sure, count me in."

The role of Public Advocate is seen as a natural stepping stone to becoming Mayor despite that occurring exactly once in history. Williams has sought to change that flawed perception, and believes he can do so by 2021.

Williams is not expected to immediately begin campaign events, first taking a trip to Iowa to discuss the prevalence of corn products in vegan cafes.

Should the Public Advocate ever leave his post to run for Mayor, a special election would be called to fill the position of Public Advocate, the winner of which would then need to run in a primary and general election the following year. If the winner of that race is a current elected official, there would be a special election to replace them, and that victor would then join the Public Advocate on the primary and general ballot, thus ensuring New York City has plenty of opportunity to realize the need for electoral reform.

"I want to be the voice of the people, and despite my constant assertions that I will not be running for Mayor in 2021, the voices of the people continue to ask the question. So I've changed my answer," said Williams. 

He added, "I look forward to continuing to serve as your Public Advocate through 2021 and wish everyone a happy April Fool's Day."

STATEMENT FROM STATE SENATOR GUSTAVO RIVERA ON THE 2019-2020 NEW YORK STATE BUDGET

2019-2020 BUDGET OVERVIEW

"In our first, on-time budget as the Senate Majority Conference, my colleagues and I worked diligently to deliver a progressive, forward-thinking, and fiscally responsible budget for all New Yorkers. This was not an easy process and the Senate faced steep fiscal challenges and unrelenting opposition from the Executive at every turn. In spite of these obstacles, the final result is a step in the right direction, but our work is certainly not done.

Under the leadership of Majority Leader Andrea Stewart-Cousins, this $175.5 billion Budget, which holds our state's spending growth at 2 percent, makes historical progress by implementing critical policies that will transform our state into a more just and inclusive state for all New Yorkers regardless of their wealth or immigration status."

HEALTH

"As Chair of the Health Committee, I strongly believe that quality health care is a basic human right that all New Yorkers must have access to. We worked to reflect those values in this budget by protecting essential funds for New Yorkers healthcare needs and our medical care providers. We prevented a $1.1 billion cut in Medicaid funding that could have devastated our state's healthcare system, codified the Affordable Care Act and NY State of Health Marketplace, required insurance providers to cover in-vitro fertilization and fertility preservation, and invested $16 million to enhance safety net hospitals to provide care to those New Yorkers who are under insured and uninsured.

While there were a number of funding challenges in this year's health Budget, the Senate Democratic Conference worked to identify creative solutions to protect critical programs. We pushed to create a work group that will determine the best way forward for our state to restructure the Consumer Directed Personal Assistance Program (CDPAP), while protecting the population this program serves. The budget also mitigates a $122 million cut to nursing homes by creating a work group to ensure that the rates nursing homes receive accurately reflect their patient's needs.

The Budget also invests in improving public health initiatives, including allocating $4 million for the newly created maternity mortality review board to reduce the alarming rates of maternal deaths during childbirth, and by lowering the threshold for elevated blood lead level from 10 to 5 micrograms to protect children from dangers of lead exposure."

CRIMINAL JUSTICE REFORM

"For years, the Senate Democratic Conference has fought to reform our state's broken criminal justice system, which has caused countless of New Yorkers to lose their livelihoods, dignity, and tragically their lives, in favor of perpetuating the criminalization of black and brown people. With this Budget, we are taking historical steps to ensure our criminal justice system is just for all New Yorkers by reforming our bail system, ensuring a speedy trial, and updating our discovery laws. Together, these measures will ensure New Yorkers going through our criminal justice system have the ability to adequately defend themselves in court and don't have to wither away in jail waiting for their trial because they are too poor or their court dates is endlessly delayed."

TRANSPORTATION

"This Budget is finally making a real commitment to address the chronic infrastructure issues facing our crumbling public transit system, including the New York City subways, the Long Island Railroad and Metro North. New York will be the first state in the nation to implement congestion pricing to reduce traffic, and protect our environment, all while generating an estimated $15 billion for MTA improvements. We will also increase accountability and transparency of the MTA by requiring it to undergo an independent audit and efficiency review."

EDUCATION

"We fought to increase education aid by over $1 billion, with over 70 percent of the increased funding going to neediest districts. However, this is one of the areas where I strongly believe that we should have done more, including fulfilling our responsibility to comply with the Campaign for Fiscal Equity settlement our state owes to our historically underfunded schools, several of which are located in my district."  

ELECTION AND CAMPAIGN FINANCE REFORM

"We are finally working to increase voter turnout in New York State, which is why I am glad we are investing $10 million to implement electronic voter registration. However, one of the most disappointing items in this budget was the creation of a bogus "fair election commission". If we are truly serious about getting money out of government, we must pass a clean bill that will implement campaign finance reform once and for all as New Yorkers are vehemently demanding."

BRONX

"I am elated that this Budget secured funding for several initiatives that will have a direct and positive impact in the Bronx. For example, we provided funding for school-based health clinics, like the one at Community School 55. We also secured $24 million for home health care providers, many that serve and are based in the Bronx, that had been left with significant liabilities after the ICS/VNS merger."

EDITOR'S NOTE:

It is a sorry day for the Bronx when a Bronx State Senator leaves the Bronx for last in a statement about the New York State budget that he and his Senate Democratic Conference members have passed.

It is that same thinking that makes Senator Gustavo Rivera and any of his fellow elected officials from the Bronx who voted for Congestion Pricing traitors to the Bronx by allowing drivers from New Jersey to not pay Congestion Pricing should they decide to use the Lincoln or Holland Tunnels, while Bronx residents who use toll bridges that connect the Bronx and Manhattan will have to pay Congestion Pricing.

We only hope that each and every Democratic Bronx elected official who voted for the Congestion Pricing Tax face a primary with only one real challenger. That way the anti Congestion Pricing vote will not get split.

Petitioning begins in February 2020 for State Senate and State Assembly seats.

STATEMENT FROM MAYOR DE BLASIO ON THE FISCAL YEAR 2020 STATE BUDGET

  “This year’s State budget represents very real progress in addressing some of the most pressing needs of New Yorkers.

“Mayoral accountability of our school system has led to record-high graduation rates and record-low dropout rates, the creation of Pre-K and 3-K for All, and the ability to provide all of our 1.1 million school children with access to an excellent education regardless of their zip code. The buck stops with me, and I vow to continue fighting on behalf of our children and to continue working with all of our parents whose voices help improve our school system every day. 

“I endorsed congestion pricing because I knew – 'if done right' – it was our best hope at getting the trains moving and ending the suffering our riders face every day. This budget represents a giant step in the right direction. With a guaranteed lockbox for New York City riders, fairness for the outer boroughs, and exemptions for people experiencing hardships, I am confident this dedicated revenue stream will go a long way toward fixing the MTA's broken subway system.

“For too long too many people have been unnecessarily and unfairly incarcerated based entirely on their ability to buy their freedom. By eliminating cash bail for those charged with most misdemeanors and non-violent felonies, we’re helping more people remain with their families and support networks rather than behind bars. Together with speedy trial and discovery reform, I am confident we are moving toward a future without mass incarceration. However, there’s much more we need to do to meet that reality.

“This budget does something I have long advocated for: banning single-use plastic bags. These bags litter our streets and threaten our planet. It is our job to lead the fight against climate change and fossil fuels so that our kids aren't forced to deal with the irreparable consequences.

“The news from Albany wasn’t all good. Once again, the State is cutting critical funding New Yorkers rely on. This year, we’ll be forced to go without $125 million in State funding that assists low-income families. The State also is cutting $59 million for public health services, such as newborn home visiting services, clinics that treat STDs, HIV and tuberculosis, and public health response services that have been used for legionnaires, West Nile, and Zika. This funding also is critical for helping with the fight against opioids and testing updated vaccines for diseases like Measles and Hepatitis A.

“I want to thank Governor Cuomo, Senate Majority Leader Stewart-Cousins and Assembly Speaker Heastie for their leadership and for prioritizing subway riders, students and their parents, and our environment. I look forward to helping build upon this progress throughout the legislative session.”