N.Y. Executive Law § 75: Law enforcement misconduct investigative office

§ 75. Law enforcement misconduct investigative office. 1.

Jurisdiction. This section shall, subject to the limitations contained

in this section, confer upon the law enforcement misconduct

investigative office jurisdiction over all covered agencies. For the

purposes of this section "covered agency" means an agency of any

political subdivision within the state maintaining a police force or

police forces of individuals defined as police officers in section 1.20

of the criminal procedure law, provided however, covered agency does not

include any agency, public authority, or other entity under the

jurisdiction of the state inspector general pursuant to article four-A

of the executive law, the metropolitan transportation authority

inspector general pursuant to section one thousand two hundred

seventy-nine of the public authorities law, or the port authority

inspector general pursuant to chapter one hundred fifty-four of the laws

of nineteen twenty-one.

2. Establishment and organization. (a) There is hereby established the

law enforcement misconduct investigative office in the department of

law. The head of the office shall be a deputy attorney general who shall

be appointed by the attorney general.

(b) Such deputy attorney general may appoint one or more assistants to

serve at his or her pleasure.

(c) The salary for the head of such office shall be established within

the limit of funds available therefore; provided, however, such salary

shall be no less than the salaries of certain state officers holding the

positions indicated in paragraph (a) of subdivision one of section one

hundred sixty-nine of this chapter.

(d) The mission of the law enforcement misconduct investigative office

shall be to review, study, audit and make recommendations relating to

the operations, policies, programs and practices, including ongoing

partnerships with other law enforcement agencies, of state and local law

enforcement agencies with the goal of enhancing the effectiveness of law

enforcement, increasing public safety, protecting civil liberties and

civil rights, ensuring compliance with constitutional protections and

local, state and federal laws, and increasing the public's confidence in

law enforcement.

3. Functions and duties. The deputy attorney general shall have the

following duties and responsibilities:

(a) receive and investigate complaints from any source, or upon his or

her own initiative, concerning allegations of corruption, fraud, use of

excessive force, criminal activity, conflicts of interest or abuse in

any covered agency;

(b) inform the heads of covered agencies of such allegations and the

progress of investigations related thereto, unless special circumstances

require confidentiality;

(b-1) promptly inform the division of criminal justice services, in

the form and manner prescribed by the division, of such allegations and

the progress of investigations related thereto unless special

circumstances require confidentiality. Nothing in this paragraph shall

require the division of criminal justice services to participate in the

investigation of such allegations or take action or prevent the division

of criminal justice services from taking action authorized pursuant to

subdivision three of section eight hundred forty-five of this chapter in

the time and manner determined by the commissioner of the division of

criminal justice services;

(c) determine with respect to such allegations whether disciplinary

action, civil or criminal prosecution, or further investigation by an

appropriate federal, state or local agency is warranted, and to assist

in such investigations, if requested by such federal, state, or local

agency;

(d) prepare and release to the public written reports of

investigations, as appropriate and to the extent permitted by law,

subject to redaction to protect the confidentiality of witnesses and

other information that would be exempt from disclosure under article six

of the public officers law. The release of all or portions of such

reports may be temporarily deferred to protect the confidentiality of

ongoing investigations;

(e) review and examine periodically the policies and procedures of

covered agencies with regard to the prevention and detection of

corruption, fraud, use of excessive force, criminal activity, conflicts

of interest and abuse;

(f) recommend remedial action to prevent or eliminate corruption,

fraud, use of excessive force, criminal activity, conflicts of interest

and abuse in covered agencies; and

(g) investigate patterns, practices, systemic issues, or trends

identified by analyzing actions, claims, complaints, and investigations,

including, but not limited to, any patterns or trends regarding

departments, precincts, and commands; and

(h) on an annual basis, submit to the governor, the attorney general,

the temporary president of the senate, the speaker of the assembly, the

minority leader of the senate and the minority leader of the assembly,

no later than December thirty-first, a report summarizing the activities

of the office and recommending specific changes to state law to further

the mission of the law enforcement misconduct investigative office.

4. Powers. The deputy attorney general shall have the power to:

(a) subpoena and enforce the attendance of witnesses;

(b) administer oaths or affirmations and examine witnesses under oath;

(c) require the production of any books and papers deemed relevant or

material to any investigation, examination or review;

(d) notwithstanding any law to the contrary, examine and copy or

remove documents or records of any kind prepared, maintained or held by

any covered agency;

(e) require any officer or employee in a covered agency to answer

questions concerning any matter related to the performance of his or her

official duties. No statement or other evidence derived therefrom may be

used against such officer or employee in any subsequent criminal

prosecution other than for perjury or contempt arising from such

testimony. The refusal of any officer or employee to answer questions

shall be cause for removal from office or employment or other

appropriate penalty;

(f) monitor the implementation by covered agencies of any

recommendations made by the law enforcement misconduct investigative

office; and

(g) perform any other functions that are necessary or appropriate to

fulfill the duties and responsibilities of office.

5. Responsibilities of covered agencies, officers and employees. (a)

Every officer or employee in a covered agency shall report promptly to

the law enforcement misconduct investigative office any information

concerning corruption, fraud, use of excessive force, criminal activity,

conflicts of interest or abuse by another officer or employee relating

to his or her office or employment, or by a person having business

dealings with a covered agency relating to those dealings. The knowing

failure of any officer or employee to so report shall be cause for

removal from office or employment or other appropriate penalty. Any

officer or employee who acts pursuant to this subdivision by reporting

to the law enforcement misconduct investigative office shall not be

subject to dismissal, discipline or other adverse personnel action.

(b) Upon receiving at least five complaints from five or more

individuals relating to at least five separate incidents involving a

certain officer or employee within two years, the head of any covered

agency shall refer such complaints to the law enforcement misconduct

investigative office for review. The law enforcement misconduct

investigative office shall investigate such complaints to determine

whether the subject officer or employee has engaged in a pattern or

practice of misconduct, use of excessive force, or acts of dishonesty.

The referral and investigation pursuant to this subdivision shall be in

addition to and shall not supersede any civil, criminal, administrative

or other action or proceeding relating to such complaints or the subject

officer or employee.

(c) The head of any covered agency shall advise the governor, the

temporary president of the senate, the speaker of the assembly, the

minority leader of the senate, the minority leader of the assembly and

the division of criminal justice services within ninety days of the

issuance of a report by the law enforcement misconduct investigative

office as to the remedial action that the agency has taken in response

to any recommendation for such action contained in such report.

(d) Nothing in this section shall be construed to impede, infringe, or

diminish the rights, privileges, benefits or remedies that accrue to any

employee pursuant to any agreement entered into pursuant to article

fourteen of the civil service law.