New York City Ballot Question 2, Civilian Complaint Review Board Charter Amendment (November 2019)
| Ballot Question 2, New York City Civilian Complaint Review Board Charter Amendment |
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| The basics |
| Election date: |
| November 5, 2019 |
| Status: |
 Approved
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| Topic: |
| Local law enforcement |
| Related articles |
| Local law enforcement on the ballot November 5, 2019 ballot measures in New York New York County, New York ballot measures Other counties City governance on the ballot |
| See also |
| New York, New York |
A charter amendment concerning the Civilian Complaint Review Board was on the ballot for New York City voters on November 5, 2019. It was approved.
A yes vote was a vote in favor of amending the city charter to do the following:
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A no vote was a vote against amending the city charter regarding the CCRB, thereby
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Election results
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New York Ballot Question 2 |
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| Result | Votes | Percentage | ||
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510,949 | 74.67% | ||
| No | 173,368 | 25.33% | ||
Overview
What did this measure do?
Question 2 made changes to the Civilian Complaint Review Board (CCRB) in New York City, including the following:
(1) Question 2 added two additional members to the Civilian Complaint Review Board (CCRB)—one appointed by the Public Advocate and one jointly by the mayor and speaker of the council— thereby increasing the number of CCRB members from 13 to 15.
(2) Going into the election, members of the board that were appointed by the city council required final approval from the mayor. Question 2 allowed the city council to appoint members directly without the mayor having final appointing authority.
(3) Going into the election, the CCRB did not require the budget to be based on a ratio to police officers. Question 2 was designed to require the CCRB annual budget to be enough to hire employees for at least one CCRB for every 154 police officers (0.65% of the city's police force) unless the mayor determines that fiscal necessity prevents it.
(4) According to a 2012 agreement, the city police commissioner was required to provide a report to the CCRB when disciplinary recommendations aren't followed. Question 2 added this requirement to the city charter.
(5) Going into the election, the CCRB could forward evidence of false statements during investigations to the NYPD for investigation. Question 2 authorized the CCRB to investigate the truthfulness of statements made during its investigation of complaints.
(6) Going into the election, the CCRB, but not certain CCRB staff such as the CCRB executive director, had the authority to issue and enforce subpoenas. Question 2 allowed the CCRB to delegate its authority to issue and enforce subpoenas.
What is the Civilian Complaint Review Board?
As of 2019, the New York City Civilian Complaint Review Board (CCRB) was an independent agency made of 13 civilian members that receives, investigates, and mediates complaints against New York City police officers regarding alleged (1) use of excessive or unnecessary force, (2) discourtesy, (3) abuse of authority, or (4) the use of offensive language.[1] The board was empowered to make recommendations for actions to be taken resulting from complaints. The board was originally established within the New York City Police Department (NYPD) in 1953 and was comprised at that time of three deputy police commissioners. From 1993 following legislative action by the city council through at least 2019, the CCRB was independent of the NYPD.[2]
How did this measure get on the ballot?
This measure was one of five measures that were put on the ballot through a vote of the New York City 2019 Charter Revision Commission.
Text of measure
Ballot question
The ballot question was as follows:[3]
| “ | This proposal would amend the City Charter to:
Increase the size of the Civilian Complaint Review Board (CCRB) from 13 to 15 members by adding one member appointed by the Public Advocate and adding one member jointly appointed by the Mayor and Speaker of the Council who would serve as chair, and to provide that the Council directly appoint its CCRB members rather than designate them for the Mayor’s consideration and appointment; Require that the CCRB’s annual personnel budget be high enough to fund a CCRB employee headcount equal to 0.65% of the Police Department’s uniformed officer headcount, unless the Mayor makes a written determination that fiscal necessity requires a lower budget amount; Require that the Police Commissioner provide the CCRB with a written explanation when the Police Commissioner intends to depart or has departed from discipline recommended by the CCRB or by the Police Department Deputy (or Assistant Deputy) Commissioner for Trials; Allow the CCRB to investigate the truthfulness of any material statement that is made within the course of the CCRB’s investigation or resolution of a complaint by a police officer who is the subject of that complaint, and recommend discipline against the police officer where appropriate; and Allow the CCRB members, by a majority vote, to delegate the board’s power to issue and seek enforcement of subpoenas to compel the attendance of witnesses and the production of records for its investigations to the CCRB Executive Director. Shall this proposal be adopted?[4] |
” |
Full text
The full text of the measure is available here.
Support
Supporters
Arguments
- Brian Corr, president of the National Association for Civilian Oversight of Law Enforcement, submitted arguments in support of Question 2 for the New York City Official Voter Guide. He argued:[5]
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New York City has the largest civilian oversight system in the nation and Question 2 will increase its effectiveness and legitimacy. It enhances the accountability and transparency of the NYPD and aligns with principles of effective oversight including: independence; adequate jurisdictional authority; unfettered access to records; adequate funding & operational resources; public reporting & transparency; and procedural justice & legitimacy.[4] |
” |
Opposition
NYC Police Benevolent Association, a New York City law enforcement union, led the campaign in opposition to Question 2.[6]
Arguments
- The NYC Police Benevolent Association submitted arguments against Question 2 for the New York City Official Voter Guide. They argued:[5]
| “ |
Ballot Question #2 would give CCRB sweeping new powers and drastically increase its budget. It should not be adopted. CCRB is a dysfunctional, ineffective agency, and increasing its authority would harm police officers and have serious ramifications for public safety.[4] |
” |
Background
Civilian Complaint Review Board (CCRB)
The New York City Civilian Complaint Review Board (CCRB) is an agency that receives, investigates, and mediates complaints against New York City police officers regarding alleged (1) use of excessive or unnecessary force, (2) discourtesy, (3) abuse of authority, or (4) the use of offensive language.[7] The board can make recommendations for actions to be taken resulting from complaints. The board was originally established within the New York City Police Department (NYPD) in 1953 and was comprised of three deputy police commissioners. From 1993 following legislative action by the city council through at least 2019, the CCRB was independent of the NYPD.[2]
Composition
Going into the November 2019 election, the CCRB was made of 13 civilian members serving terms of three years. Of the 13 members, five were designated by the city council (and confirmed by the mayor) and five were chosen by the mayor. These ten members were required to not have experience working in law enforcement. Three members with law enforcement experience were chosen by the police commissioner. No member of the board was allowed to be a public employee or hold public office.[8]
Complaints
Once the CCRB investigates a complaint, the board determines whether the complaint is substantiated, unsubstantiated, or unfounded. In substantiated cases, the board sends disciplinary recommendations to the NYPD. The police commissioner has sole authority to decide the level of punishment and impose disciplinary action against an officer. When disciplinary recommendations aren't followed, the police commissioner must provide a report explaining why to the CCRB. The CCRB tracks how often the police commissioner imposes the same punishments as recommended by the board as a concurrence rate. The concurrence rate was 65% in 2016 and 42% in 2017.[9] The police commissioner disciplined 525 officers in 2016.[2][10] From 2013 to 2017, the CCRB received 4,680 complaints annually on average.[11]
When the CCRB recommends charges and specifications, (one of the most severe levels of discipline), the case is prosecuted by CCRB attorneys before the NYPD’s Deputy Commissioner of Trials. This is known as the APU or the Administrative Prosecution Unit. The APU was created by a memorandum of understanding (MOU) in 2012. In such cases, the police commissioner is still responsible for imposing disciplinary action.[12][11]
When there are cases alleging that a police officer made false statements, the CCRB forwards them to the NYPD for investigation. The CCRB forwarded 139 such cases to the NYPD from 2013 through 2017, two of which resulted in disciplinary action imposed on officers.[11]
Budget
The board's 2016 budget was $15.08 million, which was $2.3 million more than the 2015 budget. The board had 167 full-time employees in 2015 and 180 in 2016.[2][13] In 2015, the NYPD had about 34,440 police officers.[14] In 2016, the NYPD had more than 36,000 police officers.[15] In 2015, the CCRB staff was 0.48% of the number NYPD police officers. In 2016, the CCRB staff was about 0.5% of the number of NYPD police officers.
Inspector General of the NYPD
The Office of the Inspector General for the NYPD is an independent office within the New York City Department of Investigation which reviews, investigates, audits, studies, and makes recommendations on matters relating to the policies and practices of the NYPD.[16]
Police oversight agencies in other cities
The National Association for Civilian Oversight of Law Enforcement (NACOLE) has identified about 150 oversight agencies in cities across the U.S. Fifty-one of the 100 largest cities in the U.S. by population have a law enforcement oversight agency included in the list. The list, which is not comprehensive, can be accessed here.[17]
Path to the ballot
This measure was one of five measures that were put on the ballot through a vote of the New York City 2019 Charter Revision Commission.
See also
External links
- Search Google News for this topic
- New York City Elections Office website
- New York City 2019 Charter Revision Commission website
Footnotes
- ↑ New York City CCRB, "About," accessed July 30, 2019
- ↑ 2.0 2.1 2.2 2.3 New York City CCRB, "FAQ," accessed July 30, 2019
- ↑ New York City 2019 Charter Revision Commission, "Ballot Questions," accessed July 24, 2019
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 5.0 5.1 5.2 5.3 New York City Campaign Finance Board, "Voter Guide," accessed October 25, 2019
- ↑ NYC Police Benevolent Association, "Home," accessed October 25, 2019
- ↑ New York City CCRB, "About," accessed July 30, 2019
- ↑ New York City CCRB, "The Board," accessed July 30, 2019
- ↑ New York City CCRB, "Case Outcomes," accessed July 30, 2019
- ↑ The 2016 figures were the most recent figures on the board's website as of July 2019.
- ↑ 11.0 11.1 11.2 Final Report of the NYC Charter Revision Commission, accessed August 7, 2019
- ↑ NYC.gov, "Memorandum of Understanding," accessed August 9, 2019
- ↑ The 2016 figures were the most recent figures on the board's website as of July 2019
- ↑ City Limits, "The NYPD has More Police Officers Than 45 States," accessed August 7, 2019
- ↑ NYC.gov, "Police Commissioner's Report January 2016," accessed August 7, 2019
- ↑ NYC Department of Investigation, "Inspector General for the NYPD," accessed July 30, 2019
- ↑ National Association for Civilian Oversight of Law Enforcement, "Police Oversight by Jurisdiction (USA)," accessed July 30, 2019
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