The NYPD has long been considered one of the best-trained and most professional law enforcement agencies in the country. Recently, mayoral candidate Zohran Mamdani proposed transferring the authority to impose discipline in the Police Commissioner’s Department to the Civilian Complaints Review Board (CCRB).
Not only would such action undermine the authority of the Police Commissioner and his ability to lead the department, but the need for such action is not supported by any factual evidence. Those who advocate defunding or abolishing the police department would have you believe that the department is filled with rogue officers who routinely violate people’s rights with impunity. Nothing could be further from the truth.
Let’s look at the facts. During the first six months of this year, NYPD officers responded to nearly 3.5 million calls for service, made 143,487 arrests and recovered 24,219 weapons. Force was used in 6,317 of these encounters, or less than 4% of all arrests.. During this same period and millions of interactions between police and the public, the CCRB filed 2,778 complaints against officers. Historically, the majority of complaints fall into the category of “abuse of power,” which includes behavior such as not offering someone a business card.
Who makes up the CCRB and what is its expertise in judging the actions of officers in these complaints? Pursuant to the city charter, the CCRB is governed by a 15-member board of directors. Five seats are appointed by the mayor, five are appointed by the city council, three are appointed by the police commissioner, and one is appointed by the public advocate.
The president of the board of directors is appointed jointly by the mayor and the president of the municipal council. No member of the council may have training in law enforcement, except those designated by the police commissioner. Simply put, the council is made up of political appointees, a vast majority of whom have no experience in local policing.
Complaints against doctors are examined by a committee made up of other doctors, lawyers by other lawyers, and the same for other professions. How can the final decision makers on a police officer’s actions be people with no police experience? Police officers are often called upon to make quick decisions in such complex areas of law that the most learned jurists on the state Supreme Court and Court of Appeals cannot unanimously agree on.
Do police officers make mistakes? Is there always room for improvement? Absolutely. But not every mistake constitutes a fault that requires punishment. Currently, the police commissioner agrees with the CCRB’s disciplinary recommendations in 77% of cases. When it differs from an opinion, it is required to explain the reason, in writing, to the council.
This new attempt to strip the commissioner’s power stems from a recent case in which it overturned the CCRB’s decision. What was left unmentioned in this report was the independent investigation by real experts from the state attorney general’s office that concluded the officer was justified, as were the CCRB’s own investigators.
The political nominating committee overturned its investigators’ decision and called for the officer’s dismissal six years after the incident, without any new evidence or explanation. In refusing to accept their recommendation, Commissioner Jessica Tisch, herself an attorney, submitted a lengthy letter explaining her decision based on the facts and the law.
Unfortunately, the CCRB functions more as an activist organization than as an impartial arbiter of police conduct. Rather than seeking justice, truth, and improved policing, they opt for harsh punishments for the most minor transgressions, often years after the incident.
All complaints are made public, even if it has been determined that the officer acted appropriately or the entire complaint was fabricated and never occurred. Complaints are never erased, even when officers challenge the CCRB’s decision and opt for an administrative trial, pursued by the CCRB. Even when the police officer is found not guilty. Agents know that these complaints follow them throughout their careers and even until they retire.
Over the past five years, the New York Police Department has experienced a hemorrhage of officers, most recently at the rate of 300 per month. This policy will only exacerbate the exodus. The power to discipline officers must remain in the hands of the commissioner.
The NYPD’s disciplinary process must be fair to all New Yorkers, including the best. They deserve nothing less.
Corey retired from the NYPD in 2022 as department chief after a 34-year career. He currently works with police agencies nationally and internationally to improve policing.
