Bill Text: NY A00941 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the civilian summons review board for review of summonses issued by employees of the department of sanitation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-14 - referred to cities [A00941 Detail]

Download: New_York-2019-A00941-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           941
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
          Committee on Cities
        AN ACT to amend the New York city charter, in relation  to  establishing
          the civilian summons review board
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The New York city charter is amended by adding a new  chap-
     2  ter 31-A to read as follows:
     3                                CHAPTER 31-A
     4                        CIVILIAN SUMMONS REVIEW BOARD
     5    §  760.  Civilian  summons  review board. a.   An independent civilian
     6  summons review board is hereby established as a body comprised solely of
     7  members of the public with the authority to review summonses  issued  by
     8  employees of the department of sanitation as provided in this section.
     9    1.  The civilian summons review board shall consist of one chairperson
    10  and twelve additional members of the public appointed by the mayor,  who
    11  shall  be  residents  of  the city of New York. All members of the board
    12  shall be appointed as follows:
    13    (i) five members, one from each of the five boroughs, shall be  desig-
    14  nated by the city council;
    15    (ii)  three  members  with  experience  in  public sanitation shall be
    16  designated by the sanitation department; and
    17    (iii) the remaining five members, including the chairperson, shall  be
    18  selected by the mayor.
    19    No  member  of the board shall hold any other public office or employ-
    20  ment.
    21    2. The members shall be appointed for terms  of  three  years,  except
    22  that  of  the members first appointed, four shall be appointed for terms
    23  of one year, of whom one shall have been designated by the  council  and
    24  two  shall  have  been  designated by the department of sanitation, four
    25  shall be appointed for terms of two years, of whom two shall  have  been
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00081-01-9

        A. 941                              2
     1  designated  by  the  council,  and  five shall be appointed for terms of
     2  three years, of whom two shall have been designated by the  council  and
     3  one shall have been designated by the department of sanitation.
     4    3. In the event of a vacancy on the board during the term of office of
     5  a  member  by  reason  of  removal,  death, resignation, or otherwise, a
     6  successor shall be chosen in the same manner as  the  original  appoint-
     7  ment.   A member appointed to fill a vacancy shall serve for the balance
     8  of the unexpired term.
     9    4. The chairperson may appoint an executive director who shall  manage
    10  day to day operations.
    11    b.  1.  The  board shall have the power to receive, investigate, hear,
    12  make findings and recommend action upon complaints  by  members  of  the
    13  public  against  employees  of  the sanitation department concerning the
    14  issuance of summonses by such employees. The  findings  and  recommenda-
    15  tions  of  the  board, and the basis therefor, shall be submitted to the
    16  department of sanitation. No finding or recommendation  shall  be  based
    17  solely  upon  an  unsworn complaint or statement, nor shall prior unsub-
    18  stantiated, unfounded or withdrawn complaints be the basis for any  such
    19  finding or recommendation.
    20    2.  The  board  shall promulgate rules of procedure in accordance with
    21  the city administrative procedure act, including  rules  that  prescribe
    22  the  manner  in which investigations are to be conducted and recommenda-
    23  tions made and the manner by which a member  of  the  public  is  to  be
    24  informed  of  the status of his or her complaint. Such rules may provide
    25  for the establishment of panels, which shall consist of  not  less  than
    26  three  members  of  the board, which shall be empowered to supervise the
    27  investigation of complaints, and to hear, make  findings  and  recommend
    28  action  on  such  complaints. No such panel shall consist exclusively of
    29  members designated by the council, or designated by  the  department  of
    30  sanitation, or selected by the mayor.
    31    3.  The board, by majority vote of its members, may compel the attend-
    32  ance of witnesses and require the production of such records  and  other
    33  materials as are necessary for the investigation of complaints submitted
    34  pursuant to this section.
    35    4.  The board is authorized, within appropriations available therefor,
    36  to appoint such employees as are necessary to exercise  its  powers  and
    37  fulfill  its  duties.  The  board shall employ civilian investigators to
    38  investigate all complaints.
    39    5. The board shall have the responsibility  of  informing  the  public
    40  about  the  board  and  its  duties, and shall develop and administer an
    41  ongoing program for the education of the public regarding the provisions
    42  of this chapter.
    43    c. 1. It shall be the duty of the department of sanitation to  provide
    44  such  assistance as the board may reasonably request, to cooperate fully
    45  with investigations by the board, and  to  provide  to  the  board  upon
    46  request records and other materials which are necessary for the investi-
    47  gation of complaints submitted pursuant to this section.
    48    2.  The  commissioner  of  sanitation  shall  ensure that officers and
    49  employees of the department of sanitation appear before and  respond  to
    50  inquiries of the board and its civilian investigators in connection with
    51  the  investigation  of  complaints  submitted  pursuant to this section,
    52  provided that such inquiries are conducted in accordance with department
    53  procedures for interrogation of members.
    54    3. The commissioner of sanitation shall report to  the  board  on  any
    55  action  taken  in cases in which the board submitted a finding or recom-
    56  mendation to the department of sanitation with respect to a complaint.

        A. 941                              3
     1    d. The provisions of this section shall not be construed to  limit  or
     2  impair  the  authority  of  the  department  of sanitation to discipline
     3  members of the department. Nor shall the provisions of this  section  be
     4  construed  to limit the rights of employees of the department of sanita-
     5  tion  with  respect to disciplinary action, including but not limited to
     6  the right to notice and a hearing,  which  may  be  established  by  any
     7  provision of law or otherwise.
     8    e. The provisions of this section shall not be construed to prevent or
     9  hinder  the  investigation or prosecution of employees of the department
    10  of sanitation for violations of law by any court of competent  jurisdic-
    11  tion,  a  grand  jury,  district  attorney, or other authorized officer,
    12  agency or body.
    13    § 2. This act shall take effect on the one hundred twentieth day after
    14  it shall have become a law.
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