Police Commissioner Dermot Shea, Chief of Patrol Juanita Holmes, who was promoted to the role on Oct. 29, and other senior police officials took questions on issues ranging from how to report police misconduct to how to deal with noise complaints, to reassuring commuters of their safety on the City’s subways.

 

It was not the first session to address such themes. Similar issues were raised at more local “Build the Block” community sessions held over the last six months, as well as at previous citywide and borough wide listening sessions held in line with the NYPD Community Partnership Initiative which launched in October.

 

During the Oct. 21 Bronx listening session, which can be viewed on the NYPD’s Facebook page, Holmes set the tone for the NYPD’s aim saying, “We’re truly here to hear you, and your concerns. We want to know how can we restore your trust and your faith in your police department because we are your police department.” Of course, police misconduct was one of the main reasons why participants joined the various sessions. As reported by Norwood News, Black Lives Matter Greater NY released a statement in October voicing their objection to their exclusion from the NYPD’s approach to addressing the topic.

 

Though not referenced during the Dec. 9 session, Norwood News also reported that in early November, a report by the City Council Ethics and Oversight committee contained substantial evidence pointing to the identity of an anonymous online persona responsible for “numerous and repeated unacceptable and disgusting online posts.”

 

The evidence revealed that the anonymous poster, who went by the name “Clouseau,” on what was described as a vitriolic public online message board known as “Law Enforcement Rant,” appeared to be Deputy Inspector James Francis Kobel, and that Kobel was the commanding officer of the NYPD’s Office of Equal Employment Opportunity (EEO).

Deputy Commissioner for Public Information, Richard Esposito, provided the following statement to Norwood News in November after the committee’s findings were shared with the NYPD. “Deputy Inspector James Kobel, assigned to the Equal Employment Opportunity Division, has been relieved of his command, and placed on modified assignment, pending the outcome of an internal investigation,” Esposito said. Norwood News followed up with the NYPD on Dec. 9 to see if there was any update on the status of the investigation. We did not receive an immediate response.

 

Some participants at the Dec. 9 virtual NYPD session asked how to report police misconduct and how it was being addressed generally. Holmes outlined the process for submitting complaints to the Civilian Complaints Review Board (CCRB), an independent agency empowered to receive, investigate, prosecute, mediate, hear, make findings, and recommend action upon receipt of complaints filed against members of the NYPD that allege the use of excessive or unnecessary force, abuse of authority, discourtesy, or the use of offensive language.

 

The Board has been in existence since 1993, originally implemented by former Mayor of New York City, David Dinkins, who died last month. Residents wishing to file a complaint to the CCRB can do so through the agency’s website by completing a complaint form online, or by calling the CCRB Hotline on 1-800-341-2272.

 

Despite producing annual reports on its findings, the CCRB has been criticized for not holding offending police officers sufficiently accountable for prior misconduct. During a Nov. 12 Bronx CB7 public safety and quality of life committee meeting, Esmerelda Simmons, the CCRB public advocate, gave a presentation on the Board and talked about enhancements to its existing processes and procedures to improve police accountability and transparency.

 

She referenced the Right to Know Act which stipulates that during certain frisk searches, officers must identify themselves by providing their name and shield, explain the purpose of the interaction (with some exceptions), and inform the person of their right to say “no” when asked by an officer for their consent to search them or their property. Officers must also offer a business card with the officer’s information that explains how the person can complain or comment about the interaction, if required.

 

Simmons said that if members of the public witnessed police misconduct or saw social media footage of police misconduct, even if it did not involve them personally, they could also file a complaint with the CCRB. She also outlined the typical lifecycle of a CCRB case, explaining that the intake unit speaks with the complainant about the case, and the matter is either mediated or investigated further.

 

Mediation is a voluntary process and gives complainants the chance to meet the officer and discuss the incident. The meeting is facilitated by a trained, third-party mediator. It is a confidential, non-disciplinary process, and as such, sessions do not appear on an officer’s disciplinary record. Simmons said that typically, civilians report a high degree of satisfaction with the mediation process.

If a case leads to an investigation, Simmons said evidence is gathered and investigators will typically obtain witness statements, video footage, photographs of the scene, review injuries, obtain police documentation, interview the subject and witness officers. The investigator will then provide a written recommendation to the Board with a recommended disposition.

 

Simmons said there are typically four potential outcomes to a disposition. If the complaint is substantiated, and there is sufficient credible evidence, this constitutes police misconduct. If unsubstantiated, and there is insufficient credible evidence, it means it is unclear if the alleged misconduct occurred or not.

 

If the complaint is unfounded, Simmons said it means there was sufficient evidence to prove that the officer did not commit any wrongdoing i.e. the alleged incident did not occur. If exonerated, it means there was sufficient credible evidence to prove an officer engaged in an alleged act, but the officer was justified in doing so, and the conduct was lawful.

 

Simmons went on to explain that a panel reviews the findings and makes a final recommendation. If the panel substantiates one or more allegations against an officer and recommends charges, the matter goes to the Administration Prosecution Unit (APU). Established in 2013, this is an independent unit that tries officers for the most serious allegations of misconduct. Simmons said that prior to its establishment, no officers had stood trial, but in the year and half following its creation, 187 officers did.

 

The APU prepares the cases for trial, and they are heard at NYPD Headquarters. Simmons said CCRB prosecutions are not linked to any civil or criminal actions involving the NYPD or its officers.

 

She said at the end of the process the complainant is formally informed of the outcome of each case via a disposition letter, detailing the disciplinary or other action taken. If the complainant disagrees with the determination, they still have the possibility to follow-up with with the CCRB via a reconsideration request.

 

Simmons said another aspect of the CCRB is the youth advisory council, which is a working committee made up of young leaders, aged 10 to 18, who are committed to criminal justice issues and to improving police-community relations. Members advise the CCRB staff about its efforts to engage young New Yorkers, serve as agency ambassadors to their communities and join team-building events.

 

Naqi Cruz is the outreach coordinator for the CCRB in the Bronx and he can be reached via email at ncruz@ccrb.nyc.gov or by calling (646) 923-1205. In order to improve transparency, among other datasets, the NYPD also discloses details on the racial and gender composition of the department, along with various charts and data on the number of officers who have had complaints filed against them.

 

During the Dec. 9 listening session, some members of the public asked what punishments were administered to police officers who were found to have committed misconduct. An NYPD official said that depending on the misconduct, punishments range from retraining, change of assignment, instruction and disciplinary action to suspension, separation or termination from the NYPD. The police official said that a new disciplinary matrix of accountability is available online which describes the presumptive penalty for the different categories of misconduct.

 

In addition to the CCRB, the Internal Affairs Bureau (IAB) was referenced during the Dec. 9 session as being another avenue open to the public to submit complaints. According to its website, the IAB is dedicated to preserving integrity, critical to the functioning of the police department, and to fighting corruption within the NYPD. It detects, investigates, and brings to justice NYPD officers and civilians who engage in misconduct and corruption.

 

The IAB operates its command center 24 hours a day, seven days a week, and can receive complaints from the public and NYPD service members by telephone on (212) 741-8401, by email to iab@nypd.org, or by mail to PO Box 10001, New York, NY 10014. Allegations of corruption can also be reported in person at any NYPD facility or at 315 Hudson Street, New York, NY 10014. Individuals who file a complaint can check on the status by contacting the bureau. The department also maintains a non-recorded anonymous tip-line. Further information is available on the agency’s website.

 

Another question asked during the Dec. 9 session was whether mediation agencies get involved to help New Yorkers experiencing chronic residential noise problems e.g. approaching landlords and management companies who don’t take responsibility for partying residents who make life difficult for other residents. The participant said this kind of chronic situation needed more than just a visit from the police.

The response provided was that yes, there are community dispute resolution centers (CDRCs) in each borough that provide free mediation services for noise problems. The New York State Unified Court System partners with the CDRCs to provide mediation, arbitration and other dispute resolution options as an alternative to court. Every year, the CDRCs help resolve a wide range of disputes involving landlords and tenants, neighbors, consumers and merchants, parents and children, families and schools, elder adult decisions, victim-offender dialogue, and child custody and visitation issues.

 

These centers also produce an Annual Report. In the Bronx, the designated CDRC is the Institute for Mediation Conflict Resolution (IMCR), and it can be reached by calling (718) 585-1190. The website is www.imcr.org.

 

Additionally, Holmes said that customer service units within each precinct are also being rolled out across the city and a survey is also available for the public to complete and provide feedback on their experiences with the NYPD. Holmes said all New Yorkers deserved to have their complaints responded to in a courteous and prompt manner.

 

The 311 service was also discussed, with Shea saying that even if residents were frustrated with the service, it was important to continue to log the calls which are centralized with 311 and then allocated to the appropriate City agency for follow-up. He said the police department was data-driven, and therefore it was important to continue to receive the data in order to allocate police resources efficiently around the city. He later added that more cops were needed to address ongoing issues as they were overworked.

 

Indeed, on the same day, New York City Public Advocate Jumaane Williams said that according to NYPD data, there was a 95 percent increase in shootings from Jan. 1 to Nov. 15, 2020, compared to the same period in 2019. He called on elected leaders to reimagine public safety with a holistic approach to gun violence in partnership with the affected communities. “We need strategies to prevent and interrupt gun violence and community members need to have a seat at the table,” he said.

 

Another question raised at the session related to whether or not there were NYPD initiatives in place for youth groups. Holmes said this was one of the initiatives that Shea had brought in when he was appointed as commissioner in December 2019 but that the programs had been stalled due to the pandemic. As reported by Norwood News, some are progressing once again and include the Summer Youth Police Academy, Law Enforcement Explorers, Police Athletic League, Options Program as well as various Presentations and Mentoring programs.

 

Anyone wishing to obtain additional information about these programs can contact the Community Affairs Bureau (communityaffairs@nypd.org), visit the Community Affairs officer at their local police precinct, or call 646-610-5323.

Questions were also raised around communication, diversity and representation. Shea said the NYPD’s data was not perfect but that it was the agency’s aim to be reflective of the make-up of average New Yorkers, including the LGBTQ community, saying, “It’s our policy. It’s our procedure.” He added that the NYPD was the most diverse police department in the country, 54,000-strong and including members who spoke 70 languages between them.

 

In the context of the diversity theme, Shea said that it was something he took very seriously, referencing a comment from one of his colleagues who said of the agency, “Just because you’re diverse doesn’t mean you’re inclusive.” Shea referenced his abhorrence of hate crimes, saying, “Shame on anyone who discriminates against people because of what they look like or who they are.” Both Holmes and Shea also encouraged all New Yorkers, irrespective of immigration status, to come forward and contact the police, when needed.

 

On the issue of communication, they also encouraged the public to refer to the NYPD’s website where direct contact numbers are available for people to call their local precincts and said local precinct block meetings were being held regularly within each community also. Shea acknowledged the system was not perfect but committed to improving the process. Summing up the session, he thanked everyone for participating and said, “Here’s to a better 2021. Happy Holidays Everyone.”

 

Anyone wishing to participate in similar listening sessions should send an email to PolicingCollab@cityhall.nyc.gov to reach out to the City’s Reform and Reinvention Collaborative team
. The website can also be accessed here.