S 5084 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S05084 Summary: BILL NO S05084 &nbsp SAME AS SAME AS A10661

&nbsp SPONSOR SEPULVEDA &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §440, NYC Chart &nbsp Establishes a process for neutral arbitrators to review certain disciplinary decisions and penalties imposed on members of the New York city police department.

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STATE OF NEW YORK ________________________________________________________________________

5084

2025-2026 Regular Sessions

IN SENATE

February 18, 2025 ___________

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1

AN ACT to amend the New York city charter, in relation to establishing a process for neutral arbitrators to review certain disciplinary deci- sions and penalties imposed on members of the New York city police department

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Paragraph 3 of subdivision (d) of section 440 of the New 2 York city charter, as amended by section 4 of question 2 of local law 3 number 215 of the city of New York for the year 2019, is amended to read 4 as follows: 5 3. The police commissioner shall report to the board in writing on any 6 action taken, including the level of discipline and any penalty imposed, 7 in all cases in which the board submitted a finding or recommendation to 8 the police commissioner with respect to a matter within its jurisdiction 9 pursuant to this section. In any case substantiated by the board in 10 which the police commissioner intends to impose or has imposed a differ- 11 ent penalty or level of discipline than that recommended by the board or 12 by the deputy commissioner responsible for making disciplinary recommen- 13 dations, the police commissioner shall provide such written report, with 14 notice to the subject officer, no later than 45 days after the imposi- 15 tion of such discipline or in such shorter time frame as may be required 16 pursuant to an agreement between the police commissioner and the board. 17 Such report shall include a detailed explanation of the reasons for 18 deviating from the board's recommendation or the recommendation of the 19 deputy commissioner responsible for making disciplinary recommendations 20 [ and, in ] . In cases in which the police commissioner intends to impose 21 [ or has imposed ] a penalty or level of discipline that is lower than 22 that recommended by the board or such deputy commissioner, the police 23 commissioner shall also include an explanation of how [ the final ] such

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09738-01-5

S. 5084 2

1 disciplinary outcome was determined, including each factor the police 2 commissioner considered in making [ his or her decision ] their determi- 3 nation, and such disciplinary matter shall then be immediately referred 4 to a neutral arbitrator assigned from a panel of five neutral arbitra- 5 tors appointed by the public advocate for a hearing and decision. The 6 arbitrator's decision shall be final but disciplinary arbitrators shall 7 confine themselves to determinations of guilt or innocence and the 8 appropriateness of the proposed penalties, and may not exceed the penal- 9 ty recommended by the board . 10 § 2. This act shall take effect on the one hundred twentieth day after 11 it shall have become a law.

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