THE LAW OFFICES OF
ANDREW C. LAUFER, PLLC
The Civilian Comlaint Review Board is a body that investigates allegations of police abuse against the NYPD.It is a true toothless tiger with no real power. The Board cannot fire police officers and its findings are only recommendations to the Commissioner. Here are some questions that are commonly asked from their website:
Q. How long has the CCRB been in existence? Are you part of the New York City Police Department?
A. The CCRB was established in 1993 as an agency independent of the police. Refer to the History of the CCRB page for further information.
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Q. How many complaints are filed each year?
A. The CCRB received 5,966 complaints within its jurisdiction in 2011.
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Q. What types of complaints do you investigate? Do you investigate corruption charges?
A. The CCRB investigates complaints of excessive or unnecessary use of force, abuse of authority, discourtesy, and offensive language. The CCRB refers complaints about corruption or neglect of duty to the New York City Police Department.
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Q. Of the complaints filed, how many allege the use of force?
A. In 2011, 49% of all complaints contained one or more force allegations.
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Q. Who conducts the investigations and what kind of training do they receive?
A. Investigations are conducted by civilian investigators. New investigators take part in an intensive three-week training course that focuses on the CCRB's jurisdiction and rules, interviewing techniques, methods for acquiring documentary evidence, structure of the police department, and patrol guide procedures. They also receive instruction on legal principles governing the use of force, search and seizure, and discourtesy. During this training, team managers lead seminars that include investigation simulations that offer opportunities for new investigators to critique and improve each other's investigative and interviewing skills. In addition to field training, investigators are also required to complete a two-day Police Academy training class, participate in the police department's "ride-along" program, and visit the NYPD's outdoor range, where tactical field actions are explained and demonstrated.
Following their three-week orientation training, investigators are assigned to work under the direction of managers, who have at least 8 years of investigative experience gained through work in organizations such as the Internal Revenue Service Criminal Investigative Division, the United States Postal Inspection Service, the Immigration and Naturalization Service, the New York City Transit Police Department, and the CCRB itself.
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Q. Who sits on the board?
A. The board is made up of thirteen members of the public. Five members, one from each of the five boroughs, are designated by the city council, three members with law enforcement experience are designated by the police commissioner, and the remaining five members are selected by the mayor. The mayor appoints all 13 members and selects the chair. The members must be residents of New York City and reflect the city's diversity. The board hires the executive director, holds monthly public meetings, oversees agency operations through numerous committees, and sets policy. The board reviews all investigations and makes findings on every allegation raised by every complaint. For more information about the board, please see our "About the Board Members" page.
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Q. What is the agency's budget?
A.The fiscal year 2013 budget is $12,048,652.
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Q. What are the possible outcomes of my allegations?
A. Dispositions are divided into two categories. The three dispositions "substantiated," "employee exonerated," and "unfounded" constitute "findings on the merits," because they reflect the CCRB's decision on the validity of the complaint. The dispositions "unsubstantiated," "officer unidentified," and "miscellaneous," by contrast, do not constitute "findings on the merits" since the allegations remain unresolved. For an explanation of each finding, please see the "Investigative Process" page.
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Q. What does it take to substantiate a case?
A. The CCRB uses the preponderance of evidence as the standard of proof to determine the outcome of an allegation. This means that the weight of credible evidence must demonstrate that the officer engaged in misconduct. Such evidence may include witness statements and/or medical records if injuries were sustained as a result of the incident.
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Q. What percentage of complaints are substantiated?
A. In 2011, the CCRB completed 1,926 full investigations and substantiated at least one allegation in 160 complaints, or 8%.
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Q. Does the CCRB discipline officers?
A. No. When the CCRB substantiates a complaint, it recommends disciplinary action to the police commissioner, who has the ultimate authority on whether or not to impose discipline. The disciplinary action can include verbal warnings, loss of vacation days, suspension and/or termination depending on the severity of the allegation.
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Q. How many officers has the police commissioner disciplined as a result of CCRB investigations?
A. In 2011, the Police Department disciplined 217 officers, a disciplinary action rate on substantiated CCRB complaints of 81%. During the five year period between 2007 -- 2011, 921 police officers were disciplined.
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Q. Do complaints remain on an officer's record?
A. Yes. All complaints, regardless of disposition, remain on an officer's CCRB history and are reported to the police department.
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Q. What if the police officer retaliates against me?
A. You should let the CCRB know immediately if an officer retaliates against you or threatens you after filing a CCRB complaint. Such conduct violates department regulations, and could subject an officer to disciplinary or criminal charges. However, anecdotal evidence suggests that "retaliation" rarely occurs.
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Q. What is the racial breakdown of victims? Of officers?
A. The percentage of alleged victims who are of a particular race has been consistent over time and has differed from the City's population. In 2011, 56% of the alleged victims in CCRB complaints were black, 27% were Latino, 12% were white and 2% were Asian. The officers who were the subjects of CCRB complaints reflected the racial makeup of the Police Department. Fifty percent were white, 27% were Latino, 17% were black and 5% were Asian.
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Q. If I am in custody, do I have the right to file a complaint?
A. Yes, civilians always have the right to file a complaint, whether or not they are presently incarcerated.
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Q. Can I file a complaint without the officer's name and badge number? What information do you need to file a complaint?
A. You can file a complaint with as little or as much information as you may have about an incident. More information is always helpful. The CCRB will ask for the date, time, location and a detailed description of the incident and of the officers involved. Other useful information includes: license plate numbers, an arrest number, a court docket number, and names and telephone numbers of witnesses. You do not need to know the name or badge number of the subject officer(s). The CCRB often receives complaints against unidentified officers and is usually able to identify them using police documents and other evidence. Keep in mind that in such cases, we will frequently have to reinterview you so that you can view officer photographs in order to assist with the identification process. But you do not need this information to file a complaint. Identifying the subject officer(s) is the investigator's job.
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Q. How long does it take to conduct an investigation?
A. The average time it takes to complete a full investigation is nine and one-half months. But this time varies according to the number of alleged victims, witnesses, and officers in your case. Throughout the investigation, your investigator will apprise you of the status of the case. Upon completion, the CCRB will notify you of its findings.
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Q. Are there civilian oversight agencies in other cities?
A. Yes, there are approximately 90 civilian oversight agencies around the country. These agencies take different forms and frequently have different jurisdictions and powers. The CCRB is the largest civilian oversight agency in the United States.
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