STATE OF NEW YORK ________________________________________________________________________ 8749 IN SENATE July 13, 2020 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 14-185 to read as follows: 3 § 14-185 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 21 (v) two persons appointed by a majority of the city council members 22 representing the district in which the respective police precinct is 23 located. 24 (b) In areas in which the New York City Housing Authority operates, 25 the precinct commander appointment board shall include a ninth member EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16934-01-0S. 8749 2 1 who shall be the chair of the New York City Housing Authority Tenant 2 Association for the area in which the respective police precinct is 3 located. 4 (c) The chair of the community board for the district in which the 5 respective police precinct is located shall serve as chair of the 6 precinct commander appointment board. 7 (d) A representative of the New York state department of civil service 8 shall serve as secretary to the precinct commander appointment board; 9 provided that such secretary shall not vote in the proceedings. 10 (e) All members of the precinct commander appointment board shall be 11 residents of the borough in which the precinct is located. 12 (f) Any vacancy in the membership of the precinct commander appoint- 13 ment board shall be filled in the same manner in which the original 14 appointment was made. 15 3. (a) Upon the occurrence of a vacancy in a police precinct commander 16 position, the commissioner shall notify the secretary of the precinct 17 commander appointment board for the respective precinct of the vacancy. 18 The commissioner or his or her delegee shall supply the board with the 19 names of prospective candidates for the position and with employment and 20 background information regarding each such candidate, as deemed neces- 21 sary by the board. The board, in its discretion, may consider other 22 candidates for the position. The board, through the secretary of the 23 board, shall immediately notify the commissioner of the name of any 24 alternative candidate. Any person whose name is put forth by the commis- 25 sioner or by the precinct commander appointment board shall have 26 attained a minimum rank of sergeant not less than one year prior to the 27 selection process to fill the precinct commander vacancy. 28 (b) In selecting the new precinct commander, the precinct commander 29 appointment board will give consideration to the examination from which 30 a candidate received permanent civil service status, the length of time 31 served in the candidate's present position and other related factors 32 which will be established and promulgated by the board. 33 (c) The precinct commander appointment board shall select the new 34 precinct commander by a majority vote of the entire board. A member of 35 the board may cast his or her vote by video teleconference or conference 36 call upon notice to the other members of the board by mail, email, text 37 or telephone call at least twelve hours before such meeting. 38 (d) Within thirty days of being notified of a vacancy in the precinct 39 commander position, the precinct commander appointment board shall 40 select the new precinct commander. The secretary of the board shall 41 immediately provide written notice to the commissioner of the board's 42 selection to fill the position. Such notice may be provided electron- 43 ically by email or facsimile. 44 4. Meetings of the precinct commander appointment board will be 45 convened by the chair of the board, who will provide the other members 46 of the board with not less than five days' notice of the date, time and 47 place of the meeting. Meetings may be conducted in full or in part by 48 video teleconference or conference call upon notice to all members of 49 the board and to the secretary of the board by mail, email, text or 50 telephone call at least twelve hours before such meeting. 51 5. No member of the precinct commander appointment board shall receive 52 any additional compensation from the state of New York or any of its 53 political subdivisions for any services rendered to the board nor any 54 expenses incurred in attendance at board meetings. 55 6. No member of a precinct commander appointment board shall be 56 disqualified from holding any other public office or employment, norS. 8749 3 1 shall he or she forfeit any such office or employment by reason of his 2 or her membership on a precinct commander appointment board, notwith- 3 standing the provisions of any general, special or local law, ordinance, 4 or city charter. 5 § 2. This act shall take effect on the ninetieth day after it shall 6 have become a law.