Bill Text: NY A03068 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Directs the borough president of each borough in the city of New York to establish a precinct commander appointment board in each police precinct in the city of New York for the purpose of evaluating and selecting the precinct commander for such police precinct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to cities [A03068 Detail]

Download: New_York-2021-A03068-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3068

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
          Committee on Cities

        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  the  establishment  of  a precinct commander appointment
          board in each police precinct in the city of New York for the  purpose
          of  evaluating  and  selecting  the precinct commander for such police
          precinct

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

     1    Section  1. The administrative code of the city of New York is amended
     2  by adding a new section 14-191 to read as follows:
     3    § 14-191 Precinct commander appointment board. 1. Notwithstanding  the
     4  provisions  of  section  seventy  of  the civil service law, the borough
     5  president of each borough in the city shall  establish  in  each  police
     6  precinct  of  the  city  a  precinct  commander  appointment board ("the
     7  board") for the purpose of evaluating and selecting the precinct comman-
     8  der for such police  precinct.  The  board  will  establish  appropriate
     9  procedures and policies for the conduct of its affairs.
    10    2. (a) Subject to the provisions of paragraph (b) of this subdivision,
    11  each  precinct  commander  appointment  board shall be composed of eight
    12  members as follows:
    13    (i) the chair of the community board for the  district  in  which  the
    14  respective police precinct is located;
    15    (ii)  the president of the community council for the district in which
    16  the respective police precinct is located;
    17    (iii) three police captains appointed by  the  commissioner,  none  of
    18  whom shall be stationed at the respective precinct;
    19    (iv)  one person appointed by the borough president for the borough in
    20  which the respective police precinct is located; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05549-01-1
        A. 3068                             2

     1    (v) two persons appointed by a majority of the  city  council  members
     2  representing  the  district  in  which the respective police precinct is
     3  located.
     4    (b)  In  areas  in which the New York City Housing Authority operates,
     5  the precinct commander appointment board shall include  a  ninth  member
     6  who  shall  be  the  chair of the New York City Housing Authority Tenant
     7  Association for the area in which  the  respective  police  precinct  is
     8  located.
     9    (c)  The  chair  of  the community board for the district in which the
    10  respective police precinct is  located  shall  serve  as  chair  of  the
    11  precinct commander appointment board.
    12    (d) A representative of the New York state department of civil service
    13  shall  serve  as  secretary to the precinct commander appointment board;
    14  provided that such secretary shall not vote in the proceedings.
    15    (e) All members of the precinct commander appointment board  shall  be
    16  residents of the borough in which the precinct is located.
    17    (f)  Any  vacancy in the membership of the precinct commander appoint-
    18  ment board shall be filled in the same  manner  in  which  the  original
    19  appointment was made.
    20    3. (a) Upon the occurrence of a vacancy in a police precinct commander
    21  position,  the  commissioner  shall notify the secretary of the precinct
    22  commander appointment board for the respective precinct of the  vacancy.
    23  The  commissioner  or his or her delegee shall supply the board with the
    24  names of prospective candidates for the position and with employment and
    25  background information regarding each such candidate, as  deemed  neces-
    26  sary  by  the  board.  The  board, in its discretion, may consider other
    27  candidates for the position. The board, through  the  secretary  of  the
    28  board,  shall  immediately  notify  the  commissioner of the name of any
    29  alternative candidate. Any person whose name is put forth by the commis-
    30  sioner or  by  the  precinct  commander  appointment  board  shall  have
    31  attained  a minimum rank of sergeant not less than one year prior to the
    32  selection process to fill the precinct commander vacancy.
    33    (b) In selecting the new precinct commander,  the  precinct  commander
    34  appointment  board will give consideration to the examination from which
    35  a candidate received permanent civil service status, the length of  time
    36  served  in  the  candidate's  present position and other related factors
    37  which will be established and promulgated by the board.
    38    (c) The precinct commander appointment  board  shall  select  the  new
    39  precinct  commander  by a majority vote of the entire board. A member of
    40  the board may cast his or her vote by video teleconference or conference
    41  call upon notice to the other members of the board by mail, email,  text
    42  or telephone call at least twelve hours before such meeting.
    43    (d)  Within thirty days of being notified of a vacancy in the precinct
    44  commander position,  the  precinct  commander  appointment  board  shall
    45  select  the  new  precinct  commander.  The secretary of the board shall
    46  immediately provide written notice to the commissioner  of  the  board's
    47  selection  to  fill  the position. Such notice may be provided electron-
    48  ically by email or facsimile.
    49    4. Meetings of  the  precinct  commander  appointment  board  will  be
    50  convened  by  the chair of the board, who will provide the other members
    51  of the board with not less than five days' notice of the date, time  and
    52  place  of  the  meeting. Meetings may be conducted in full or in part by
    53  video teleconference or conference call upon notice to  all  members  of
    54  the  board  and  to  the  secretary of the board by mail, email, text or
    55  telephone call at least twelve hours before such meeting.
        A. 3068                             3

     1    5. No member of the precinct commander appointment board shall receive
     2  any additional compensation from the state of New York  or  any  of  its
     3  political  subdivisions  for  any services rendered to the board nor any
     4  expenses incurred in attendance at board meetings.
     5    6.  No  member  of  a  precinct  commander  appointment board shall be
     6  disqualified from holding any other public  office  or  employment,  nor
     7  shall  he  or she forfeit any such office or employment by reason of his
     8  or her membership on a precinct commander  appointment  board,  notwith-
     9  standing the provisions of any general, special or local law, ordinance,
    10  or city charter.
    11    §  2.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law.