After a CCRB board panel substantiates one or more allegations in a CCRB complaint, it forwards the case to the police commissioner for his review. The CCRB can make disciplinary recommendations when forwarding such complaints. There are three types of penalties that the police commissioner can impose: instructions, command discipline and charges and specifications. Under New York State Civil Service Law, officers who are the subjects of substantiated CCRB complaints must be disciplined or served with disciplinary charges within 18 months of the date of incident. The only exception to the statute of limitations occurs when the alleged misconduct committed by the officer constitutes a crime.
Instructions
"Instructions"
involve a subject officer's commanding officer instructing him or her on the proper procedures that should have been followed under the circumstances. They can also involve an officer being sent for in-service training or Police Academy presentations. Instructions are considered the least punitive measure because they do not result in formal proceedings.
Command Discipline
A "command discipline"
is imposed directly by the subject officer's commanding officer and may vary based on the seriousness of the misconduct, the officer's disciplinary history, and the officer's performance records. The penalties range from an oral warning and admonishment to a forfeiture of up to 10 days of vacation or accrued time.
Charges and Specifications
The most serious disciplinary measure is "charges and specifications." This involves the lodging of formal administrative charges against the subject officer who, as a result, may face loss of vacation time, suspension, or termination from the police department.
Types of Misconduct Substantiated
From 2003 through 2007, the board substantiated the allegation that officers used discourteous words the largest number of times. This allegation is among the most frequently lodged. The allegations with the highest substantiation rates tend to be in the abuse of authority category. As the rate at which the board substantiated all allegations fell to 4% in 2007, the board substantiated 7% of abuse of authority allegations, down from a high of 16% in 2004. Within this category, allegations that the board substantiated at a higher-than-average rate include vehicle searched, frisk and /or search, and refusal to give name and/or shield number.
