Chapter 18-B: Independent Police Investigation and Audit Board

Section 450.

Section 450. Independent police investigation and audit board; membership.

1. There shall be an independent police investigation and audit board, which shall consist of five members of the public, appointed by the mayor, who shall be residents of the city of New York. The members of the board shall be appointed as follows: (i) two members shall be appointed by the mayor; (ii) two members shall be designated by the city council; and (iii) the chair shall be appointed by the mayor after consultation with the speaker of the council. No member of the board shall hold any other public office or employment.
2. The members of the board shall be appointed for terms of three years, except that of the members first appointed, two shall be appointed for terms of one year, of whom one shall have been designated by the council and one shall have been appointed by the mayor, two shall be appointed for terms of two years, of whom one shall have been designated by the council and one shall have been appointed by the mayor, and the chair shall be appointed for a term of three years.
3. In the event of a vacancy on the board during the term of office of a member by reason of removal, death, resignation, or otherwise, a successor shall be chosen in the same manner as the original appointment. A member appointed to fill a vacancy shall serve for the balance of the unexpired term.

Section 451.

Section 451. Powers and duties of the board.

1. The board shall have the power to:

   1. perform assessments and audits of the police department’s internal systems for detecting, investigating and preventing corruption among uniformed and civilian members of the police department, and make recommendations for the improvement of those systems;

   2. make recommendations to the police department in relation to the formulation and implementation of policies and programs to detect and eliminate corruption;

   3. undertake independent investigations of possible corruption within the police department; and

   4. undertake investigations of possible corruption within the police department at the request of the mayor or the police commissioner.

2. If during the course of any assessment, audit or investigation undertaken pursuant to subdivision a of this section, the board forms a reasonable belief that criminal activity or other wrongdoing has occurred or is occurring, the board shall, as soon as practicable, report the facts that support such belief to the police commissioner and the appropriate prosecuting attorney.

Section 452.

Section 452. Subpoenas.

The board, by majority vote of its members, may compel the attendance of witnesses and require the production of such records and other materials as are necessary for the investigation of any matter within its jurisdiction pursuant to this chapter. The board may designate those of its employees it deems necessary to administer oaths and to examine persons in connection with any such matter.

Section 453.

Section 453. Board staff.

The board is authorized, within appropriations available therefor, to appoint such employees as are necessary to exercise its powers and fulfill its duties.

Section 454.

Section 454. Annual report.

The Board shall issue to the mayor and the city council an annual report which shall describe its activities and summarize its actions.

Section 455.

Section 455. Cooperation of the police department.

1. It shall be the duty of the police department to provide such assistance as the board may reasonably request, to cooperate fully with investigations by the board, and to provide to the board upon request records and other materials which are necessary for the investigation of any matter within its jurisdiction pursuant to this chapter, except such records or materials that cannot be disclosed by law.
2. The police commissioner shall ensure that officers and employees of the police department appear before and respond to inquiries of the board in connection with the investigation of any matter within the board’s jurisdiction pursuant to this chapter, provided that such inquiries are conducted in accordance with department procedures for interrogation of members.

Section 456.

Section 456. Authority of the police commissioner to investigate corruption to remain unimpaired; law enforcement agencies.

The provisions of this chapter shall not be construed to limit or impair the authority of the police commissioner to investigate corruption within the department, or to discipline members of the department. Nor shall the provisions of this chapter be construed to prevent or hinder the investigation or prosecution of members of the department for violations of law or rules and regulations of the department by any court of competent jurisdiction, a grand jury, district attorney, or other authorized officer, agency or body.

Section 457.

Section 457. Protocols.

1. Police Department. Within ninety days after the appointment of the last member of the board pursuant to section four hundred and fifty, the board and the police commissioner shall establish a protocol pursuant to which information shall be exchanged and cooperation between the board and the department facilitated in accordance with the provisions of this chapter. Such protocol shall also provide for means of avoiding and resolving potential disputes arising out of investigations independently undertaken by both the board and the department.
2. District Attorneys. Within ninety days after the appointment of the last member of the board pursuant to section four hundred and fifty, the board shall enter into a protocol with each of the city’s district attorneys pursuant to which information shall be exchanged, cooperation between the board and the district attorneys facilitated, and potential disputes arising out of investigations independently undertaken by the board and a district attorney’s office shall be avoided and resolved. Any investigation undertaken by the board pursuant to paragraphs three or four of subdivision a of section four hundred and fifty-one shall be conducted in accordance with the provisions of the applicable protocol, if any, entered into pursuant to this subdivision. Provided, however, that the lack of a protocol pursuant to this subdivision shall not prohibit the board from undertaking any investigation authorized by this chapter.
3. Civilian Complaint Review Board. Within ninety days after the appointment of the last member of the board pursuant to section four hundred and fifty, the board and the civilian complaint review board established pursuant to chapter eighteen-a of this charter shall establish a protocol pursuant to which (i) the board, if in the course of any assessment, audit or investigation undertaken pursuant to subdivision a of section four hundred and fifty-one, forms a reasonable belief that any act of misconduct, as defined in paragraph one of subdivision c of section four hundred and forty of this charter, has occurred or is occurring, shall as soon as practicable, report the facts that support such belief to the civilian complaint review board; (ii) the civilian complaint review board, if in the course of an investigation authorized pursuant to chapter eighteen-a of the charter, forms a reasonable belief that any act of corruption has occurred or is occurring, shall as soon as practicable, report the facts that support such belief to the board; and (iii) information shall be exchanged and cooperation between the boards facilitated.

Section 458.

Section 458. Severability.

If any provision of this chapter, or the local law creating this chapter, or of any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate the remainder of this chapter or local law, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.