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**PolicePractices and Civil Rights in New York City**

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**Chapter2**

**Recruitment,Selection, and Training**

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The effectiveness of the New York City Police Department can beevaluated by looking at several factors, including the quality of the officersrecruited into the force, its ethnic and gender composition, and the type ofinstruction provided to allow good recruits to become good police officers.Although the NYPD dedicates substantial time and resources to recruiting andtraining people of color, especially those who reside within the NYPD�sjurisdiction, they are still dramatically underrepresented in the force comparedwith the overall population of New York City. Moreover, the many flaws in therecruitment and training processes may contribute to race-related problems inthe NYPD.

This section of the report discusses NYPD recruitment and trainingprograms. It begins with a description of the department�s recruitmentefforts, focusing on the NYPD�s efforts to increase diversity. Next, itreviews the several training programs currently used by the NYPD. This sectionconcludes with recommendations addressing existing shortcomings in the NYPD�srecruitment and training programs as they relateto diversity and race issues.

**Recruitment**

An ideal recruitment policy would allow the NYPD to attractcandidates capable of effectively policing all of New York City�s diversecommunities. Such a policy should consider factors including the educationallevel and psychological makeup of individual recruits and the diversity of theforce as a whole, including adequate representation of people of color and womenin ranking positions.[1]

The U.S. Commission on Civil Rights emphasized these factors in areport published more than 20 years ago concerning the desirability of a diversepolice force representing the ethnic makeup of the policed community.[2]The report notes the importance of �developing a [police] force thatreflects the racial and ethnic composition of the community it serves. . . . Itis axiomatic that a police force representative of its community will enjoyimproved relations with the community and will, consequently, function moreeffectively.�[3]This remains true today.

New York City�s mayor, Rudolph Giuliani, agreed. In hisstatement to the Commission, he wrote that officers need to understand and berepresentative of the communities they patrol.[4]However, he testified that the NYPD actually �does not represent the diversepopulation of the city. It never has.�[5]

Several witnesses agreed that diversity must be a goal for theNYPD. For example, Rev. Al Sharpton said that the lack of diversity is shameful.[6]He went so far as to recommend that a federal monitor be placed to �takeover� the New York Police Department �until there is a plan in place aroundthe issues of diversity and police misconduct.�[7]

*** *Ethnicand Gender Representation on the Force**

Census statistics indicate that approximately 31.6 percent of thepopulation in New York City is African American, 20.3 percent Hispanic, 9.7percent Asian Pacific American, and 53 percent female.[8]The NYPD minority population stands in stark contrast. Only 18 percent of theNYPD is Hispanic, 13 percent African American, 1.5 percent Asian PacificAmerican, and 13.8 percent female.[9]

This disproportionate representation does not appear to beappreciably improving. Exacerbating the problem, as of April 5, 2000, onlyone-half the number of persons who applied in 1996 had signed up for the April 7police examination.[10]In fact, only 37.4 percent of all hires from 1994 through 1998 were people ofcolor, and only 14.9 percent were women (9.4 percent minority women).[11]This time period also witnessed a substantial *decrease* in African American hires, from a high of 18.5 percent ofall hires in 1995 to only 11.2 percent in 1998.[12]These statistics were cited as inadequate by the Task Force on Police/CommunityRelations, appointed by Mayor Giuliani, which observed that the �currentrepresentation of African Americans, Latinos, Asian-Americans and women is notimpressive, especially when viewed in relation to the City�s racial, ethnic,and gender composition.�[13]

The disparity is even greater among ranking officers.[14]Of the 472 captains, the NYPD has only promoted 10 African Americans (2.1percent), 13 Hispanics (2.8 percent), 2 Asian Americans (0.4 percent), and 22women (4.7 percent) to the rank of captain.[15]Only 12.9 percent of lieutenants and 18.1 percent of sergeants are peopleof color.[16]

Although the exact causes of the present disparity are unclear,the underrepresentation of people of color and women can be traced to theearliest stages of the recruitment process: NYPD officer applications. In 1997and 1998, only 18.9 percent of applicants to the NYPD were African American, andonly 23.3 percent were female.[17]This represents a *decrease* inapplications by individuals of color. According to a statement issued earlierthis year by Police Commissioner Howard Safir, from 1994 to 1999, AfricanAmericans accounted for 24.4 percent and Hispanics accounted for 26.4 percent ofapplicants taking the police entrance exam�higher numbers than for 1997 and1998 alone.[18]

Moreover, a significant disparity exists in the exam pass rateamong racial and ethnic groups. From 1994 to 1999, the pass rate for whiteapplicants was 85 percent, compared with 72.2 percent for Asian PacificAmericans, 65.7 percent for Hispanics, and 60.6 percent for African Americans.[19]Statistics for the January 1999 exam are even more troublesome�only 43.7percent of minority candidates passed the exam, compared with 69 percent ofwhite applicants.[20]

**Requirements for Becoming a Police Officer**

Mayor Giuliani testified that the standards for recruitment haveincreased over the past 10 years.[21]Changes include requiring candidates to have at least 60 college credits,[22]making the exams more difficult, increasing the number of hours and intensity oftraining at the Police Academy, and instituting a field component for real-lifesituations.[23] Yet the requirements tobecome a police officer, although superficially neutral, may operate to furtherlimit the number of people of color in the NYPD.

To become a police officer, an applicant must be a U.S. citizen,[24]between the ages of 22 and 35, living in New York City or the Counties ofNassau, Suffolk, Westchester, Rockland, Orange, or Putnam.[25]As stated earlier, applicants must also have accumulated at least 60 collegecredits with at least a 2.0 GPA, or have 2 years of active military experience.[26]

After satisfying these prerequisites, applicants must pass a written civil service examination administered bythe Department of Citywide Administrative Services.[27]Applicants passing the written examination must also pass a medicalexamination, written and oral psychological examinations,[28]physical examination, and clear a background and character investigation.[29]Grounds for disqualification include conviction for a felony or domesticviolence, or for an offense indicating lack of good moral character or adisposition toward violence or disorder, repeated convictions of an offenseindicating �disrespect for the law,� discharge from employment as a resultof poor behavior or inability to adjust to discipline, or a dishonorabledischarge from the U.S. military.[30]

Police Commissioner Howard Safir testified that based on thesestringent recruitment requirements, he dismisses the characterization of policeofficers as badly trained and insufficiently monitored.[31]In fact, he believes that candidates are carefully screened and selected.[32]

Critics have argued that the examinations and other requirementsfor becoming a police officer are arbitrary and unrelated to performance as apolice officer. For example, Sergeant Anthony Miranda testified that althoughmany qualified African American and Latino candidates apply, �the majority areeliminated through the psychological services,� partly because of the lack ofAfrican American and Hispanic psychologists.[33]With regard to background checks, investigations for those living outside thecity are usually completed within 12 months while those living within the cityoften must wait longer than 12 months for their background checks to becompleted.[34] Therefore, according toSergeant Miranda, if a candidate living in the city scored higher than a personliving outside the city, the noncity candidate would get hired before the cityresident because the former would be cleared first.[35]Sergeant Miranda stated in harsh terms that the recruitment and applicationprocess �is already prostituted and it�s already corrupted.�[36]Miranda opined that although there may be an increase in the number ofapplicants, it will likely not affect the number of candidates who actuallybecome officers� because of the biases built into the process.[37]The Reverend Calvin Butts stated that education and the psychological evaluationof candidates are two areas worth changing.[38]

 The Commission didnot review the civil service examination or the standards applied in connectionwith the character and psychological screenings. Therefore, it is unable toevaluate these assertions. The information the NYPD did provide to theCommission, however, suggests that people of color were not disproportionatelydisqualified for appointment to police officer on the basis of psychological andcharacter screening in 1997. In that year, the only year for which statisticswere made available, 218 of the 336 candidates (65 percent) disqualified on thebasis of psychological screening were white, compared with 47 (14 percent)African Americans and 67 (20 percent) Hispanics.[39]On the basis of the character review, 329 (56.3 percent) of the 584 candidatesdisqualified were white, compared with 109 (18.7 percent) African Americans and130 Hispanics (22.3 percent).[40]

**College EducationRequirement**

The NYPD instituted acollege education requirement presumably to attract candidates who are betterable to respond to difficult situations, especially in an increasingly complexcity such as New York. The 60-credit requirement, however, may not be enough toprofessionalize the NYPD. Moreover, it may not restore public confidence in thepolice. A common thread among officers involved in inappropriate behavior was alow level of education and experience before entering the Police Academy.[41]One observer noted that the common scenario in police recruitment and traininginvolved selecting young adults �right out of high school, rush them through afive-month, police-operated training academy, give them a gun, the authority touse deadly force and tell them to hit the streets.�[42]With the enormous amount of responsibility and public expectations placed onpolice officers, this college education requirement and the subsequent PoliceAcademy training are inadequate.

Good officers possessnot only physical courage but also sound judgment, the ability to reason,knowledge of the law, and maturity.[43]Adopting a college degree requirement, as opposed to requiring only 60 collegecredits without earning the degree, would allow the NYPD to hire well-educated,broad-minded officers who possess the maturity to deal effectively and in aneven-handed manner with the public. Being a police officer means being part of aprofession. Every major profession today educates its members throughuniversity-based education, except for the police.[44]A completed college education would expose officers to humanities, socialsciences, modern technologies, ethical issues, and the knowledge of themultidimensional aspects of crime and its impact on society.[45]Additionally, a college degree requirement would help restore public confidencein the police by producing smarter and more mature police professional withproper training and who are less likely to succumb to the temptations of deviantbehavior.[46]With the many colleges in the City of New York providing a criminal justiceeducation and degree, including the John Jay College of Criminal Justice of theCity University of New York, city residents and the NYPD have ampleopportunities to fulfill this requirement.[47]

**Minority-directedRecruitment Efforts**

Few disagree that the underrepresentation of people of color andwomen on the NYPD must be rectified. This sentiment was echoed in the first pageof Commissioner Safir�s Report on Recruitment for 1997�1998, which notedthat a primary goal of the recruitment campaign was to �attract qualifiedapplicants who more adequately represent the racial and ethnic diversity of thecommunities [the NYPD] serve[s].�[48]

Many aspects of the NYPD�s recruitment efforts appear directedto some extent toward increasing minority representation. However, the efficacyof these programs is questionable. Many have been in place for some time buthave failed to correct the lack of diversity on the force. The NYPD shouldcritically evaluate its recruitment programs and the substance of itsrecruitment message to determine whether its approach to recruiting minoritycandidates and women should be revised.[49]This process should recognize that the lack of minority officers might be duenot only to the inadequacy of recruitment efforts, but also to the largerproblem that both actual and alleged NYPD misconduct (including sexualharassment) has resulted in an adversarial posture between the NYPD and minoritycommunities, discouraging many candidates of color (and women) from enteringwhat they perceive to bean inhospitable institution.

***Affirmative Action***

Many groups, including the mayor�s Task Force onPolice/Community Relations, advocate the introduction of an aggressiveaffirmative action program for the NYPD.[50]**These groups argue that underrepresentation of people of color on the forceimpairs the ability of the police to function effectively, particularly inpredominately nonwhite neighborhoods, where an overwhelmingly white police forcemay be resented.[51]They suggest that only a substantial increase in minority representation can beexpected to improve public confidence in the police force, thereby improvingpolice-community relations and increasing the effectiveness of the police.

***Recruitment Drives***

To increase the number of resident officers, Police CommissionerSafir instituted a comprehensive plan to attract more city residents viaadvertisement and projects.[52]Among these projects included community outreach, youth career development,career enhancements and incentives, and training.[53]

The NYPD�s recruitment efforts also instituted severaladvertising initiatives that used a variety of media and were designed, in part,to target minority residents of the city. The 1998 recruitment drive focused onfour separate initiatives:[54]

-  *College Initiative.*Recruitment teams visited all CUNY, community, and private colleges at careerfairs, classes, clubs, basketball games, and student events. �To attractqualified applicants from diverse populations,� special emphasis was placed onrecruiting at colleges with predominantly African American, Hispanic, or femalestudent bodies, including John Jay College of Criminal Justice, York College,Medger Evers College, Borough of Manhattan Community College, and BronxCommunity College.[55]*Advertising Initiative.*Advertising to attract candidates included (a) 5,000 posters inside buses and1,200 subway car illuminated transparency posters; (b) recruitmentadvertisements run at Madison Square Garden, Yankee Stadium, and Javits Center;(c) advertisements in local media, including the *Amsterdam News*, *Daily News*,*WLIB Newsletter*, *New York Post*, and *El Puente*;(d) advertisements and articles in the *JohnJay College Alumni Newsletter*, *ChiefNewspaper, Chinese American Association Newspaper, DEA Newsletter, HousingAuthority Journal*, *Irish Voice*,and *The**StatenIsland Advance*; (e) radio and television advertisements on KYS�FM, WBLS,and Crosswalks Cable Television; (f) poster distribution to community-basedorganizations and 1,000 neighborhood storefronts in all five boroughs; and (g)Internet Web page advertising. The multimedia advertising campaign wasprofessionally developed and included, among other things, advertisements on theradio, television, print, billboards, subways, jumbo TV on Times Square, andmailing inserts in utility bills.[56]*Community-based Initiative.*Recruitment efforts targeted directly at minority community institutionsincluded (a) recruitment outreach at the Kwanza Festival 1997 at Javits Center;(b) mailings to 400 clergy advertising upcoming police examinations; (c) presentationsmade at Rev. Flake�s A.M.E. Church and Westside Baptist Church; (d)direct mailings of applications to qualified and interested individuals; and (e)outreach to Multi-Service Center directors to assist in reaching applicants fromtheir communities.*Subway Ridership Initiative.*Recruiting in designated subway stations. Recent recruitment campaigns have alsoincluded a �City Resident Recruitment Drive� designed specifically toencourage more city residents to join the force. This drive has includedstaffing recruitment stations throughout the city at libraries, police stations,and recreation centers; addressing meetings of local fraternal organizations,including the Urban League and NAACP; extensive advertising; and using localclergy to serve as liaisons between the community and police department.[57]In fact, Rev.Calvin Butts appeared on posters to recruit police officers from the AfricanAmerican and Latino communities.[58]At the hearing, Rev. Butts testified that there was a need to �get moreAfrican Americans and Latinos on the force.�[59]The campaign also established recruiting stations in libraries, recreationcenters, and police precincts so residents can obtain information on joining theNYPD and applications for the police examination.[60]
Although impressive on paper, the 1998 drive does not appear tohave been particularly successful, at least in the short term. As indicatedabove, applications by African Americans and women in 1997 and 1998 were low.These disappointing results may partly be due to the meager $37,718 budgetallotted for the 1997�1998 drive.[61]In addition, the message communicated by the recruiters may not have beeneffective or appropriate for the target communities.[62]One measure currently being considered to remedy this problem is to establish apermanent minority recruitment unit with a budget of $1.7 million by 2001.[63]

The NYPD reported thatit had better success with the 1999 recruitment drive. The drive resulted in the�largest percentage of City residents and people of color ever applying totake the Police Officer exams, 67% City residents, 61% minorities, and 29.5%women.�[64]It included initiatives in four key areas: community outreach, youth careerdevelopment, career enhancement and incentives, and training.[65]

***Large-scale AdvertisingCampaign***

The NYPD initiated a $10 million advertising campaign to increaseminority recruiting.[66]Commissioner Safir believed that the $10 million spent was appropriate anddeemed the recruitment efforts and other measures �successful.�[67]Commissioner Safir received �a great response from young people in college toour new cadet program.�[68]He estimated that the department would add 1,200 cadets to the academy.[69]

Many others do not believe the program succeeded. It receivedconsiderable criticism because the NYPD used a Soho-based advertising agency[70]to run the campaign rather than consulting with minority community groups oradvertisers.[71] Rev. Al Sharptondenounced the mayor�s and commissioner�s recruitment efforts. He testifiedthat Commissioner Safir�s announcement of a multimillion dollar recruitmentdrive came only when Rev. Sharpton organized sit-ins.[72]

Moreover, Sharpton argued that the City Council approved of theexpenditure based on Safir�s request to recruit more people of color.[73]However, when Sharpton criticized Safir for not contacting communities of colorto help in the planning or execution of the drive, Safir responded that themoney was for a �city resident drive� rather than a �minority recruitmentdrive,� apparently contradicting Safir�s own statement to the City Council.[74]

***Residency Requirement***

NYPD officers must be residents of New York City or the Countiesof Nassau, Suffolk, Westchester, Rockland, Orange, or Putnam.[75]Mayor Giuliani estimated that approximately 60 percent of NYPD officerscurrently reside in the city.[76]Approximately 70 percent of the last Police Academy graduating class were NewYork City residents.[77]

The mayor testified that stereotypes about police officers andprejudice against them have been factors in the low numbers of city residentsbecoming police officers.[78]�[B]reaking down some of the stereotypes and some of the prejudices� willhelp recruitment.[79] In their testimonies,Mayor Giuliani and Commissioner Safir made some proposals to encourage cityresidents to apply and be selected to become police officers.[80]

Mark Green, public advocate for the City of New York, similarlycriticized the fact that half of all officers lived outside the city.[81]He testified that the need for officers to be city residents stems from the needto achieve better policing: �Ideally, more would live in the city so they�reliving in the communities they�re policing or in boroughs near the communitiesthey are policing so they understand the texture of the city better, andfrankly, they�re available to the civilian [off- duty] to spot and deter crime.�[82]

Lorraine Cortes-Vazquez, president of the Hispanic Federation,believes that policemen should live in the city because �there is somethingabout familiarity and knowing the environment in which you�re working thatwill add to the familiarity between . . . the residents of this city� and theofficers.[83]Rev. AlSharpton, president and chief executive officer, National Action Network, added,�We need residency laws . . . people tend to respect where they live, peopletend to have better knowledge where they live.�[84]However, Public Advocate Green did not believe that a residency requirement willbe imposed in the near future.[85]Howard Katz, acting director, New York Region of the Anti-Defamation League ofB�nai B�rith, felt that since most officers did not live in the city and didnot live in integrated communities, these facts hampered officers� abilitiesto deal effectively with individuals from differing groups.[86]In other words, police officers reflected the values of communities in whichthey lived, not the ones they were hired to serve and protect.[87]

Broad support exists for some form of a residency requirement orpreference. Advocates argue that a residency requirement or preference will helpto achieve a more diverse and racially representative police force.[88]It will also result in police officers who are knowledgeable about thecommunities they police and have a greater personal stake in safe neighborhoods.[89] The NYPD has emphasizedrecruiting city residents for these reasons.[90]

Since 1993, applicants to the police department received afive-point bonus on their exam scores if they resided in one of the fiveboroughs.[91]Officers are also encouraged to live in the city through eligibility forparticipation in the Federal Housing Administration�s Officer Next Door andResident Police programs, which allow officers to live in designated federallyforeclosed properties or public housing within New York at a significantdiscount.[92]

Many groups argue that these measures do not suffice.[93]Others propose providing a mortgage incentive for resident officers andproviding residency bonuses on promotional exams.[94]Still other groups take an even stronger position, supporting an absoluteresidency requirement whereby all police officers hired in the future would haveto reside in the five boroughs of New York City, in effect making residency a�non-negotiable condition of employment.�[95]

The most compelling reason advanced for instituting a strictresidency requirement centers on enhancing public perception of the NYPD throughthe creation of a more diverse police force.[96]Improved perception would lead to improved relations between the police and thecommunity, in turn improving the effectiveness of the NYPD. Additionally, aresidency requirement �might have the added benefit of stemming white flightfrom the city� and thus �improving the racial diversity in the city�smiddle income neighborhoods.�[97]Police officers would have a �personal stake in safe, stable neighborhoods.�[98]

This speculative improvement in community perception of the policeshould be balanced, however, against several shortcomings and possible negativeconsequences of adopting a strict residency requirement.[99]First, a residency requirement is poorly tailored to achieve a racially diversepolice force. There is no evidence that the cause of minorityunderrepresentation is the ability of the NYPD to draw officers from outside thecity. An affirmative action program (see above) would be a more direct, andpresumably a more effective, mechanism for increasing minority representation.

Second, as the mayor�s Task Force on Police/Community Relationsreport notes, a strict residency requirement could weaken the force by, forexample, narrowing the field of qualified candidates.[100]Another possibility is that a residency requirement would cause the NYPD to losegood officers who want to move out of the city into the suburbs.[101]

Third, there is no evidence that city residents make better policeofficers. In fact, resident officers have been slightly *more* likely to be suspended or dismissed from the police force formisconduct and are disproportionately the subjects of civilian complaints.[102]

Despite these reservations, a residency requirement that is partof a larger scheme tied to an affirmative action plan may positively affectpolice-community relations and increase effective policing.[103]

***Cadet Corps andExplorers Programs***

In his statement to the Commission, Mayor Giuliani proposedseveral ideas to help the NYPD�s recruitment efforts. He suggested that a lawenforcement high school be created that focused on specialized instruction aboutlaw enforcement.[104]At present, the NYPD has programs in place that are geared toward youth andyoung adults. The NYPD Cadet Corps and Explorers programs encourage communitymembers to consider careers as NYPD officers by placing them in policefacilities and exposing them to police work. Mayor Giuliani wanted to see theseprograms expanded from 200 to 1,200 people.[105]

The NYPD Cadet Corps program functions as an apprenticeship forcollege students interested in joining the NYPD after graduation.[106]The mission statement of the Corps includes the goal of increasing diversity inthe NYPD by actively recruiting people of color and women to the Corps andgraduating them into the police force. Cadets work with the police, performingprimarily administrative tasks full time during the summer and part time duringthe school year. Cadets are given approximately 1,800 hours of training andactual work time over a 2-year period.[107]Much of the cadet training is similar to that received by officers at the PoliceAcademy, including training regarding cultural diversity issues.[108]

Cadets can earn up to $20,000, including $4,000 in tuition loansthat are forgiven after 2 years of service as police officers.[109]Applicants to the Cadet Corps must
-  be enrolled full time in an accredited college within New YorkCity, Nassau, or Westchester;have between 45 and 80 credits toward a bachelor�s degree by thetime of hiring;reside in New York City at the time of appointment; andbe a U.S. citizen or permanent resident who will become a citizenwithin 2 years from being hired.[110]
Admission criteria include a good academic record, character,employment history, number of college credits earned, and the potential tograduate within 2 years.[111]The applicant must also meet minimal physical standards.[112]

The Corps has historically been fairly successful in recruitingminority and women candidates. This stems, in part, from the program requirementthat all participants be city residents.[113]From 1985 to 1995, graduates from the program were 48 percent white, 20 percentAfrican American, 27 percent Latino, 5 percent Asian Pacific American or other,and 31 percent female.[114]For this reason, the mayor�s task force and others have advocated reversingthe NYPD�s reduction in the Cadet Corps budget and enrollment, in support ofexpansion of the program.[115]Indeed, the fiscal year 2000 executive budget includes a substantial increase offunding in an effort to expand the Cadet Corps program by 1,200 students.[116]

The Cadet Corps program has the added benefit of providing theNYPD with an opportunity for long-term observation of cadets in academic andwork settings.[117] Cadets deemed not suitedfor police work can resign or be screened out before they are appointed to thedepartment.[118]Not only does this professionalize the ranks of police officers through thehiring of broadly educated men and women, it also emphasizes the serviceresponsibilities of police officers who have direct ties to the communities theyserve thus maintaining appreciation for the civilian perspective and reducingacculturation into the �blue wall of silence.�[119]

A similar program for younger prospective officers has also beenimplemented by the NYPD in an attempt to encourage young New York City residentsto become interested in becoming members of the NYPD.[120]The Explorers program, conducted in conjunction with the Boy Scouts of America,provides instruction in areas of law enforcement, including criminal law andcriminal investigation, to young men and women aged 14 to 21.[121]Explorers also participate in community service projects, dealing one on onewith NYPD officers.[122]The Explorers have an even greater proportion of minority and female membersthan the Cadet Corps. As of 1996, 47 percent of Explorers were Hispanic, 36percent were African American, and 38 percent were female.[123]

**Promotion**

The promotion of officers to the ranks of sergeant, lieutenant,and captain is based primarily on a written exam.[124]The Mayor Giuliani testified that promotions in the management ranks did notoccur by discretion, but rather by exam scores.[125]To be eligible to sit for the examination, applicants must have served for adesignated time period at the next lower rank, passed a drug test,[126]and satisfied an education requirement (a bachelor�s degree for captains, 96college credits for lieutenants, and 64 college credits for sergeants).[127]

An officer may be promoted based on scores attained in a writtenexam. The names of eligible applicants meeting all �requirements andconditions�[128] are placed on a list inorder of exam score,[129]and individuals are considered for appointment when their name is reached on thelist.[130]

The multiple-choice exams test the abilities and technicalknowledge believed by the NYPD to be important to perform the tasks of eachrank: sergeant, lieutenant, or captain.[131]Topics tested include technical knowledge of police procedures and policies,personnel management skills, writing ability, organizational skills, andjudgment.[132] Applicants receiveadditional credit based on seniority and departmental awards.[133]

Although the promotion protocol appears objective on paper, theradical underrepresentation of women and people of color in the ranks ofsergeant described earlier in this chapter suggests an element of bias in thepromotion system.[134]This bias may be introduced through the types of examinations administered, theeducational requirements for each position, the emphasis on the discretionarygranting of departmental awards,[135]or the �requirements and conditions� that each applicant must satisfy.

It is unclear to what extent performance concerning equalemployment opportunity issues is considered.[136]Consideration, or lack thereof, of this factor might also contribute to theoverrepresentation of nonminority officers in ranking positions. Some witnessestestified that the evaluation process may even penalize officers who sacrificearrests in favor of observing individual�s rights.[137]James Savage, president, Patrolmen�s Benevolent Association, testified thatofficers feel a significant amount of pressure to produce summonses and arrests.[138] He noted that the NYPDplaces quotas on these productions.[139]He stated that �cops never get a favorable evaluation from their superiors forprotecting someone�s civil rights, but they do get them for making largenumbers of arrests, seizing large numbers of guns, and seizing large amounts ofnarcotics, or issuing a large number of summonses.�[140]These incentives, which have been widely criticized for putting undue pressureon police officers, may also lead to strained relationships between police andthe communities they serve.[141]

Officer Noel Leader testified about this pressure in relation tothe Street Crime Unit. He stated that where pressure is applied to thecommanding officers of the Street Crime Unit, officers will engage in unlawfuland illegal practices.[142]They are pressured to produce numbers since the management has a �numberfixation of percentage gained, a fixation on coming up with numbers andstatistics and not deal with people and human beings and emotions andfeelings.�[143]

Other officers testified that not only were officers notencouraged to protect someone�s civil rights, as mentioned by Mr. Savage, butwere actually retaliated against by other officers for reporting incidents ofpolice misconduct.[144] Hiram Monserrate, apolice officer for over 11 years and a member of the NYPD Latino Officers�Association, testified that he knows of several examples of officers whoreported brutality and were rewarded with retaliation.[145]Indeed, he believed a �blue wall of silence exists in racial profiling.�[146]Eric Adams, lieutenant and a member of 100 Blacks in Law Enforcement Who Care,identified some of the officer victims of retaliation and described certainallegations made against the NYPD: Sergeant Anthony Miranda who apparently had aheart attack after being harassed by fellow officers and Officer Yvette Waltonwho was terminated 30 minutes after testifying about another officer�smisconduct.[147]

Many officers have discussed other reasons for the low number ofcaptains of color. Officer Monserrate stated that three issues relate to the lownumber of captains of color.[148]First, �minority representation� in the force is low. Second, the civilservice exam process should be revamped.[149]Third, there is little or no diversity among deputy commissioners who haveauthority over budgeting, recruitment, and community affairs.[150]

Lieutenant Adams went further and accused the police department ofdeliberately not promoting officers of color to the rank of captain.[151]He testified: �The primary task in the police department has always been toassure that people of color do not reach the rank of captain because once youreach the rank of captain, you reach a level where you are now appointed topositions. So you prevent [officers of color] from reaching the rank ofcaptain.�[152] Moreover, he testifiedthat he personally had �hard data� showing that although people of colorpass the promotional exams, the department curves them out of promotionalopportunities, especially at the rank of captain.[153]

Lieutenant Adams believed that increasing the number of captainswould help alleviate the tense police-community relationship.[154]This stems from the fact that �captains run precincts and set policies.That�s crucial. When you have an Asian captain in Chinatown, you�d betterbelieve you won�t have abuses in Chinatown.�[155]

Hyun Lee, program director with the Committee Against Anti-AsianViolence, believed that drastic measures must be taken. She commented that�community policing must be realized in the true sense, not merely in the formof more sensitivity training and hiring of minority officers, but by putting thepower to hire and fire officers in the hands of the community.�[156]

**Equal EmploymentPractices**

It may be difficult to assess the severity of employmentdiscrimination and sexual harassment in the NYPD. Although some statistics existregarding the number of cases brought before the Office of Equal EmploymentOpportunity (OEEO) by NYPD employees (discussed below), little detail wasavailable on the nature and disposition of those complaints.[157]Even if such data were available, the reluctance of officers to lodge complaintsfor fear of retaliation may play a role.[158]Some police departments have conducted surveys to determine whether theirofficers have been discriminated against or sexually harassed.[159]It appears from the information provided to the Commission that the NYPD haselected not to conduct such surveys.[160]

The scope and gravity of discrimination and harassment in the NYPDshould be determined for several reasons. First, discrimination and harassmentare, in themselves, illegal and harmful to victims. Furthermore, acceptance ofsystemic discrimination will affect the treatment by police officers of thecommunity members they serve. Healthy attitudes of officers toward one anothercan increase officers� respect of people of color outside the force, andreduce prejudice. Widespread discrimination will also contribute to theunderrepresentation of people of color and women on the force. These groups willbe less likely to become officers (and more likely to leave), if the NYPD is, oris perceived to be, a racist or misogynistic institution.[161]

**EmploymentDiscrimination**

In September 1998, the NYPD issued Interim Order Patrol Guide120-12 focusing on employment discrimination.[162]The order defines employment discrimination as 

[the] disparate treatment of employees regarding any terms,conditions or privileges of employment including hiring, assignments, workingconditions, salary and benefits, evaluations, promotions, training, transfers,discipline and termination, based on a person�s age, race, creed, color,national origin, gender, disability, marital status, sexual orientation oralienage or citizenship status. Sexual harassment is a form of genderdiscrimination.[163]

The order also states that supervisory personnel who become awareof any discrimination problem or complaint *must*report the problem to the OEEO orally no later than the next business day, andin writing within 5 business days.[164]Nonsupervisory personnel are *stronglyencouraged* to take the same actions, or report the problems to a supervisor.[165]

**Sexual Harassment**

Sexual harassment is defined under the NYPD Interim Order 120-12as �unwelcome sexual advances, requests for sexual favors and other verbal orphysical conduct of a sexual nature� which (1) are made a term or condition ofemployment, (2) are the basis of employment decisions, or (3) unreasonablyinterfere with an individual�s work performance.[166]Like other forms of employment discrimination, sexual harassment is prohibitedwithin the NYPD and, like other forms of employment discrimination, victims ofsexual harassment can bring complaints to the OEEO, or take other action bothwithin and outside the NYPD.[167]

Overhaul of the NYPD�s sexual harassment policies and proceduresshould result from the June 18, 1998, settlement between the NYPD and UnitedStates. This settlement resolved a civil complaint brought by the United Statesalleging that the NYPD violated Title VII of the Civil Rights Act by engaging inand permitting acts of sexual harassment against an individual during heremployment with the NYPD and by failing to take �appropriate action� to stopthe harassment or remedy the effects of the discriminatory treatment.[168]The settlement�s stated purpose is to �ensure that the NYPD takes suchaffirmative steps as are reasonably necessary to effectively address and preventdiscrimination in the NYPD.�[169]Specific measures mandated by the agreement include:[170]
-  Enhancement of existing EEO training, including annual training onsexual harassment for every employee.Adding a 2-hour program to the executive development curriculumdealing with managing diversity and EEO issues.Granting the OEEO a greater role in training at the    PoliceAcademy, and participation in the training of Police Academy instructors.Reserving a portion of the Police Academy exam for EEO issues,including sexual harassment.Distributing annually to all employees an EEO policy bookincluding information regarding the EEO and sexual harassment policy statements,the OEEO complaint procedure, and a sexual harassment pamphlet.Amending the procedures for handling OEEO complaints.[171]Increasing staffing of the OEEO from 20 to 30 employees.Compiling and maintaining computer records of all OEEO complaintsand the entire case history of EEO cases.Conducting a survey of OEEO complainants to determine how the OEEOis perceived by employees of the NYPD.
The settlement appears to establish a framework for substantiallyreducing discrimination in the NYPD.[172]Because of the lack of information provided to the U.S. Commission on CivilRights, however, the progress made by NYPD in implementing these measures andthe degree of their effectiveness cannotbe presently determined.

**The OEEO**

The Office of Equal Employment Opportunity, headed by the deputycommissioner for equal employment opportunity, was established as a separateunit within the NYPD in 1978 to ensure compliance with Title VII of the CivilRights Act of 1964. Its purpose is to promote a workplace free of discriminationand sexual harassment, and to conduct �fair and thorough investigations intoall complaints� of employment discrimination.[173]

Officers who believe that they have been subjected todiscrimination or sexual harassment may file a complaint with a supervisor,commanding officer, or the OEEO.[174]Upon receiving the complaint, the OEEO notifies the commanding officer orsupervisory head of the complainant�s unit as appropriate, to emphasize thatreprisal or retaliation against complainants or witnesses is illegal and canlead to disciplinary action.[175]The OEEO then contacts and interviews the complainant, and counsels thecomplainant regarding options for handling the complaint. Options includemeeting with an OEEO investigator or liaison counselor (whose duties involveadvising complainants),[176]investigation by the OEEO or commanding officer, �conciliation� by the OEEOor commanding officer (a form of voluntary mediation), or filing a complaintwith an outside agency.[177]Communications between the OEEO and the complainant remain confidential.[178]

If the OEEO initiates an investigation, as required upon adetermination �that the allegations in the complaint are sufficient toestablish a case of unlawful discrimination,�[179]the OEEO must notify the respondent in writing.[180]The respondent has the right to respond to the allegations in writing.[181]If the matter is not conciliated, the OEEO must prepare and send to the policecommissioner a confidential written report of the results of the investigation,with recommendations for specific corrective action, if corrective action isdeemed appropriate.[182]The commissioner will make a final determination regarding the OEEO report andany corrective action or discipline.[183]The complainant and respondent will also be notified of the outcome of theinvestigation and any corrective or disciplinary action taken.[184]According to the OEEO, cases are generally completed within 90 days; however,this does not include the time taken by the commissioner to issue his finalrecommendations and findings.[185]

In 1996, the most recent date for which the NYPD providedinformation, OEEO investigators received 5 days of training provided by the NewYork City Department of Citywide Administrative Services, plus 9 days oftraining at Cornell University�s New York State School of Industrial and LaborRelations.[186] Investigators alsoattended the Basic Methods of Internal Investigations course offered by theInternal Affairs Bureau, and received case management training from experiencedranking officers.[187]

Investigators� ability to properly utilize this substantialtraining is questionable given the severe understaffing of the OEEO. The OEEOhas complained of a lack of resources and short staffing at least since 1993.[188]With only 11 investigators on staff in 1996, it is difficult to believe that theOEEO could properly investigate all claims filed by NYPD personnel. Indeed, thesettlement agreement, discussed above, required the NYPD to increase staffing ofthe OEEO by 50 percent.[189]

In 1996, the most recent year for which figures were madeavailable to the Commission, only 20 percent of all OEEO complaints weredetermined to involve a prima facie basis for investigation.[190]In that year, 81 cases were brought to the OEEO, including 21 allegations ofsexual harassment and 83 allegations of discrimination.[191]These numbers are down 33 percent, 63 percent, and 16 percent, respectively,from 1995, the first year for which figures are available since the merger ofthe NYPD with the Housing Authority. Because of the absence of relevant dataexcept for 1995 and 1996, it is impossible to determine whether this decline isthe result of an improved work environment or due to other factors. Furthermore,although complaints to the OEEO decreased, formal complaints to outside agenciesincreased in 1996,[192]possibly indicating that NYPD employees lack confidence in the OEEO and preferto take their complaints to independent external agencies.[193]

Determining the effectiveness of the OEEO complaint process isimpossible without far more information than was provided to the Commission bythe NYPD. First, although the OEEO reports that only 20 percent of thecomplaints filed were determined to require investigation,[194]there is no information regarding the standards used by the OEEO for making thisdetermination. Because of the confidentiality of the findings sent by the OEEOto the police commissioner, no information is available that discusses thefactual settings in which the OEEO does or does not initiate an investigation,or the recommendations made by OEEO for various offenses.[195]

Second, no statistics have been provided on the dispositions ofOEEO complaints. The Commission does not know what percentage of claims resultedin corrective action or discipline, or what types of corrective action ordiscipline were imposed. Further, no statistics were provided regarding theconsistency between the recommendations of the OEEO and the final resolutionsdecided by the police commissioner, or the amount of time taken by thecommissioner to issue a decision after receiving the OEEO�s report.

The OEEO has the potential to be an important tool to discourageemployment discrimination and sexual harassment. Given the relatively fewcomplaints received by the OEEO and the concomitant increase in complaints tooutside agencies, however, it appears that the OEEO has not fulfilled this role.Without far more information regarding the investigatory process,[196]the actual conduct of investigations in specific cases, and the finaldispositions of complaints, no concrete conclusions or recommendationscan be made at this time.

**Training**

Officer training is widely recognized as a critical element indeveloping effective policing. Consequently, the NYPD devotes significant timeand resources to training its officers. Officers must complete 26 weeks of training before being assigned to active duty, including thePolice Academy, in-service training, and other training discussed below.[197]This training is intended to provide each officer with the necessary knowledgeand skills to carry out his or her duties effectively and to meet the challengesfaced by NYPD officers on a day-to-day basis�challenges intensified by thevast assortment of racial and ethnic groups, religions, and cultures thatcompose New York City, each with its own history, values, and (often) language.[198]

Community leaders echoed these sentiments, particularly the notionthat training was essential in developing good officers. Dennis Walcott,president of the New York Urban League, testified that the department must focuson four primary areas: leadership, training, community outreach, andaccountability.[199]Howard Katz, acting director of the Anti-Defamation League, testified that hadhe the authority to decide what to do with the approximately millions of dollarsused to fund the Courtesy, Professionalism and Respect (CPR) program, he wouldhave put all of it into training.[200]

Police Commissioner Howard Safir testified that the policedepartment devotes a considerable amount of time and energy to training ofpolice officers.[201]In fact, as stated by Katherine Lapp, commissioner of the Criminal JusticeServices for the State of New York, NYPD officers are �better trained, moreeducated, and more restrained at any time in the department�s 150-year historywhen compared to other urban police forces.�[202]

Applicants selected to become NYPD recruits undergo an extensive7-month training at the department�s Police Academy.[203]Recruits spend 6 months in classroom and tactics training at the academy itself.Later, they spend 1 month in the field and are given �field experience�assignments, after which they return to the classroom for a debriefing periodwith teachers.[204]Academy training covers four basic disciplines: law, behavioral science, policescience, and physical training and tactics.[205]

All new recruits receive 5 days of firearms qualification trainingand 7 days of tactics training in the Police Academy.[206]After graduation, all officers receive annual firearms training and must qualifyin each 6-month cycle.[207]Firearms training focused on developing sound judgment and tactical proficiencyis stressed each day.[208]The police commissioner testified that the �goal is to train officers toemploy deadly physical force only as a last resort and to utilize the minimumnumber of shots necessary to achieve the goal of removing a threat of deadlyphysical force.�[209] In his judgment, thisgoal indicates that the NYPD �is one of the most restrained large policeforces in the country with an average of 1 fatal shooing for every 2,000officers in 1998.�[210]He also noted that over the past 6 years, 468 officers who were fired upon didnot return fire, resulting in 7 officer deaths and 50 injuries.[211]He also stated that the department disciplines those acting improperly and triesto prevent misconduct.[212]

In the classroom, recruits engage in 156 hours of instruction onlegal principles, use of force, physical training and tactics, communications,and cultural awareness.[213]All operational commands conduct regular roll call in-service training for 1.5hours a week using instruction cycles provided by the Police Academy.[214]Legal issues are frequent topics.[215]The cycle that began in June of 1998 provided specific legal training on stop,question and frisk, probable cause, and courtroom testimony to all patrolofficers.[216] The Legal Bureaudeveloped the curriculum, which focused much attention on handling complexquestions of law that officers face when deciding when and how to conduct astop.[217]Patrol officers also attend a 2-day course each year presented by the PoliceAcademy that concentrates on diverse topics such as car stops, gangs, search andseizure, handling emotionally disturbed persons with weapons, use of lethalforce, crime scene preservation, CPR, verbal judo, and Civilian Compliant ReviewBoard issues.[218]More specialized training includes a plainclothes course, criminalinvestigations, domestic violence,leadership, executive development, and management courses.[219]

**Diversity Training**

As the department�s training materials emphasize, competentpolicing requires each officer to learn effective methods for dealing with allthe diverse residents of New York City.[220]To achieve this goal, the NYPD has instituted cultural diversity trainingalongside the more �traditional� forms of police training such as firearmstraining and self-defense. Diversity training for each recruit includes 100hours of this cultural competence training�10 percent of their totaltraining�plus 2-day precinct-based cultural awareness training for all newlyassigned staff, designed to educate each arriving officer about the communitiesthat she or he will be serving.[221]This training has led Mayor Giuliani to boast that �not only does thedepartment already have [diversity] training, its training is the best thereis.�[222]

In his written statement to the Commission, Mayor Giuliani praisedthe NYPD as the �most professional� and �best trained� police departmentin the country.[223] Although the trainingencompasses a wide variety of areas and subjects, it is �unified by a commontheme: respect for human life and respect for the dignity of the citizens of NewYork.�[224]The mayor called these priorities �paramount in all NYPD training andgoals.�[225]According to the mayor, from firearms training to training on proper use offorce to training in applicable and relevant laws, officers are taught toprotect life and to respect citizens.[226]They are given the best possible tools with which to make what are oftendifficult and split-second decisions.[227]And their judgment and discretion are refined and honed so that the decisionsthey make will be the correct ones.[228]He believed that as a result of this rigorous training, �the men and women ofthe NYPD are overwhelmingly committed to doing their jobs fairly,professionally, and lawfully. They are overwhelmingly committed to offering thepublic the very highest level of service.�[229]

Unfortunately, Mayor Giuliani�s representations may not beentirely accurate. Cultural diversity training and related materials designed toimprove relations between police and their communities and reduce bias andstereotypes are themselves often laced with negative and potentially offensivestereotypes of minority ethnic and religious groups, and women.[230]In addition, some question whether the diversity training is taken seriously byofficers who are part of an institution that is often perceived to holdprejudices against people of color and women.[231]

The NYPD�s cultural sensitivity training class and instructorsapproach cultural diversity issues from the premise that clear communicationdevoid of prejudice is essential to effective policing.[232]The training materials reinforce this belief that understanding the cultures,values, and histories of each major ethnic and religious group is important toachieve clear communication, an essential element in effective policing.[233]

The training begins with sophisticated discussions of the nature,forms, and barriers to effective communication.[234]Racial epithets and jokes are discussed, noting that using such language will�result in anything but friends.�[235]The �insidious[ness]� of �stereotyping,� defined as �a one-sided,exaggerated and normally prejudicial view of a group, or class of people . . .normally associated with racism and sexism,� is highlighted.[236]

Later lessons directly address the development of personality,attitudes, and beliefs, the process of socialization, and the effect ofheredity,[237]attitudes, prejudice, stereotypes, and myths.[238]These materials, geared toward helping officers consciously address andunderstand the origins of any negative stereotypes they might hold, are asignificant step toward deconstructing the prejudice resulting from stereotypes.

Other lessons discuss racism, sexism, and homophobia, noting thatthese are all forms of oppression and exertions of power over less privilegedgroups.[239] The curriculum thencontains a series of lessons on specific minority communities in an effort toenhance officers� understanding of the communities and break down stereotypesand prejudices, and to improve communication and understanding.[240]

**Police Academy TrainingMaterials**

The foundation of officer training is the Police Academy. Includedin the academy curriculum is a series of in-class lessons dealing with culturaldiversity, including lessons about attitudes and prejudice, sexual harassment,diversity, and specific ethnic groups.[241]Although these materials clearly reflect a meaningful effort by the NYPD toaddress diversity issues, they are not without problems. For example, althoughthey emphasize that �an officer�s private attitudes should not be permittedto influence his/her official decisions� and instruct officers to �try toshow an attitude of neutrality and objectivity,� the materials fail to trainan officer regarding how to avoid acting on prejudice.[242]

Furthermore, although the materials often explicitly discuss theevils of stereotypes, prejudice, and bias, they also contain many prejudicialstereotypes themselves.[243] Even if the stereotypes contained in the materials were generallyaccurate, and many feel strongly that they are not, their incompatibility withthe morality and values of mainstream American culture (see examples below) maycause officers to hold the referenced groups in disdain, which can aggravate,reinforce, or result in additional prejudice. This is compounded by the explicitassumption that all groups should and do want to �assimilate� into Americanculture.[244]A few examples among many are listed:
-  Mexicans �[l]ive in cramped quarters with people sleeping inshifts.�[245]In the Latino community, �*Machismo*is an integral part of every family. . . . While the degree of male dominancevaries . . . , men are viewed as virile, aggressive and answerable only tothemselves.�[246]One of three �other facts about the Dominicans� is that�[m]en sometimes have more than one wife.�[247]A description of the Chinese community: �old woman in loosecotton shirts and baggy trousers carry silk clad baby grandsons in backslings asthey shop for squid . . . every other storefront is a tea parlor, a noodle shop,or a restaurant . . . the strokes and daggers of Chinese characters cover movietheater billboards and march across the fronts of banks and everywhere you hearthe chutes and ladder glides and glottal stops of spoken Cantonese.�[248]Describing African American communities: �On a quiet summernight in the outskirts of Mobile, Alabama, everyone may be found sitting on aporch or stoop persistently conversing while the sweet sound of Gospel musicsoftly floats past the hum of voices. On the south side of Chicago, Illinois,there is the sprawling sounds from the honkey-tonks that blends in with thedrone of car engines and sirens racing along the streets beneath the linetenements. In Denver, Colorado, the only thing that identifies the �Black�area of the city is the color of the residents. Then there is Harlem! It is thecapital of African America, much as New York is the unofficial capital ofAmerica. . . . It was the center of New York�s nightly festival of jazz, souland rhythm at such hot spots as the Cotton Club and the Apollo Theater. And onthe hard pavement outside the Polo grounds, youngsters played stickball with alocal hero, Willie Mays of the New York Giants.�[249]
The training materials also deliberately and explicitly highlightcertain negative stereotypes, presumably in an attempt to allow for opendiscussion of any prejudices that the officers may hold, and to educate officersabout attitudes and terminology that certain groups find offensive. Althoughtheoretically a sound approach, in practice it is not clear whether thesediscussions serve to alleviate or to exacerbate prejudices. At the very least,the NYPD should be extremely careful about including these discussions in thetraining materials. Examples include:
-  Description of a survey showing that a group of military veteransbelieved that Jews were �clannish, money hungry, industrially powerful,underhanded in business and tight fisted.�[250]Description of a survey showing that a group of students believedthat African Americans were �mentally inferior, morally primitive, emotionallyunstable, over assertive, lazy and boisterous, religiously fanatic,occupationally unstable, gaudy dressers, given to crimes of violence with knivesand razors.�[251]Stereotypes include that �women are deemed weaker and incapablebecause they are naturally submissive, gay men and lesbians are said to beperverts and immoral, blacks are viewed as unmotivated and lazy.�[252]A list of derogatory terms of various groups: �the Irish asdonkeys, paddies, or micks; to Italians as dagos, guineas, or wops; toSpanish-speaking Americans as spics or wetbacks; to Protestants as WASPS; toCatholics as papists; to Jews as kikes or sheenies; to African Americans ascoons, darkies, niggers, or spades; to Caucasians as anglos, hillbillies,honkies, oakies or rednecks; and to Asians as chinks or gooks. . . .�[253]
Norman Siegel, executive director of the New York Civil LibertiesUnion, noted that the training materials contained culturally insensitiveinformation.[254] He documented some ofthose examples in the dissenting report of the mayor�s Task Force onPolice/Community Relations.[255]He argued that instead of confronting and undoing stereotypes, the readingmaterial reinforced disparaging stereotypes about immigrants and their impact onthe city.[256] Hyun Lee, programdirector of the Committee Against Anti-Asian Violence, similarly characterizedthe training materials as �really ludicrous [because] they reinforcestereotypes of immigrant communities, as foreign, as really different.�[257]

Mr. Siegel also criticized the material for being unbalanced.[258]Some of the materials focused too often on certain communities while givingshort shrift to others.[259]For example, he noted that there are 11 pages about Jewish people but only threeparagraphs about Dominicans, the fastest growing immigrant community in thecity.[260] In trying to findsolutions for these problems, Mr. Siegel volunteered to start a class to undostereotypes and present them at local police precincts.[261]Unfortunately, he reported that he was prevented from doing so because of�administration and . . . management� politics.[262]

Some may feel discussing prejudice and racism would be difficultin any context. In the context of training police officers to deal with a myriadof different ethnic and religious communities on a day-to-day basis in intensesituations, this discussion would be extremely difficult. The training materialsstruggle to address these concerns. The NYPD has decided that instruction gearedtoward improving understanding of all the major cultures and religions of NewYork�s residents will assist officers in policing different communities.Because fully understanding each culture and religion could take years ofinstruction�years which the NYPD does not have to train its officers�thisapproach quickly becomes problematic. The materials are forced to oversimplifyand generalize when discussing New York�s communities of color.[263]The oversimplifications and generalizations are likely to be stereotypes. Totheir credit, the materials themselves acknowledge this.[264]Some of the stereotypes used, like those listed above, however, are negative andof questionable relevance to the goal of training able police officers, andshould, therefore, be removed.

In recognition of this problem, the materials caution officersagainst stereotyping individuals based on their identification with a givencommunity. The materials candidly note that �[n]o one should rely onculture-specific �guidebooks� or simplistic do�s and don�ts lists. Whilesuch approaches to cultural awareness are tempting, they do not providesufficient insight and are often counterproductive. . . . It is more useful tohave a broad framework from which to operate when analyzing and interpreting anysituation.�[265]This concept has been echoed by leading community members.[266]Although recognizing these limitations may be commendable, the materials areinternally inconsistent because they send a confusing message: Should officerstreat each individual differently according to the training he or she hasreceived about the individual�s ethnicity, or should the officer treateveryone the same? Clarity on this point is crucial. The confusion generated bythe present materials is, at the very least, counterproductive.

The NYPD should reconsider its approach to diversity training andshould eliminate negative stereotypes embedded within the materials. This couldimprove consistency of the message delivered to trainees, while leaving noquestion in the minds of officers regarding how they should interact with allNew York residents.

Many in the New York community feel that the current trainingprogram needs improvement. The dissenters in the mayor�s Task Force onPolice/Community Relations advocated lengthening the training program to 1 year.[267] James Savage, presidentof the Patrolmen�s Benevolent Association, testified that the departmentshould improve its stop and frisk policy, including �how we engage anddisengage a stop and frisk of somebody who has not committed a crime where wehave, in fact, made a mistake.�[268]Dennis Walcott of the New York Urban League testified that the department mustconstantly reinforce the cultural sensitivity training on officers servingcommunities of color.[269]They must know the nuances, culture, and issues regarding immigrant populationsand involve communities at local levels in the dialogue and discussion.[270]

Lorraine Cortes-Vazquez, president of the Hispanic Federation anda member of the NYPD�s Board of Visitors, said that NYPD training shouldinclude �cultural and language sensitivity training for officers.�[271]Further, she advocated doing a �massive training and a total turnaround aroundthe way this police department deals with Latino youth, deals with youth ofcolor as a whole.�[272]Young people �feel as if their lives are in danger . . . [especially when]they�re stopped unnecessarily.�[273]Ms. Cortes-Vazquez thought that there �needs to be an organizational shakedownin terms of respect, discourteous behavior, and abusive language.�[274]Trainers should be closely evaluated and reviewed.[275]Some trainers only get a day�s worth of training before they begininstructing.[276]Training of trainers should be �totally modified� and expanded to ensurethat quality is maintained.[277]She recommended modifying the �substance of the training,� includingeliminating use of offensive training materials.[278]In addition, she believed that �the way that information was communicated isquite scary in the sense that it is alarming.�[279]

Ms. Cortes-Vazquez argued that since most abuses involve veteranofficers, not new recruits, the former should be required to participate inthese training sessions.[280]In addition, such training should include language preparation, especially inthose languages spoken where the officers are assigned.[281]Howard Katz, acting director of the Anti-Defamation League, agreed and stated,�When any officer reaches another level, gets promoted, whether it becomes asergeant or detective or a commanding officer, they need to be retrained.�[282]Further, he wanted this retraining requirement to be �systemic� through�outthe NYPD.[283]

The NYPD should consult with community leaders from each ethnicand religious group discussed in the materials to help ensure that negativestereotypes and inflammatory language are removed.[284]As discussed earlier, Norman Siegel of the New York Civil Liberties Union andRev. Calvin Butts volunteered to assist in teaching diversity and culturalsensitivity directly to cadets and officers. Although the concepts of culturalunderstanding and rejection of stereotypes are far from mutually exclusive, thematerials must be sensitive to the tension inherent in these concepts. They musttake steps to ensure that officers understand how good officers aresupposed to behave and what the differences among cultures may bethat are relevant to policing.

**Other Diversity Training**

Other examples of the continuing diversity training received byofficers include �streetwise� languageand culture training (African/Caribbean American, Spanish,Haitian/Creole, Russian, and Chinese);[285]in-service training;[286]OEEO orientation, describing key discrimination concepts and terminology andoutlining the OEEO process;[287]8 hours of in-service reinstatement training dealing with employmentdiscrimination and sexual harassment issues;[288]precinct orientation; and the Precinct/Community Partnership program, whichhelps introduce new officers to the communities that they will be serving.[289]

Police Commissioner Safir particularly touted the NYPD�sStreetwise Language, Culture and Police Work in NYC course.[290]It is aimed at new graduates and lasts a full day.[291]This course provides in-depth information on language and culture for fivegroups: Hispanic, Chinese, African/Caribbean, Russian, and Haitian.[292]The course uses media, role plays, case studies, presentations by seasonedpolice officers, problem-solving exercises, and interactive languageinstruction.[293]More than 3,100 newly graduated police officers received this training in 1999.[294]

Commissioner Safir also stated that cultural diversity trainingwas done in collaboration with CUNY, St. Johns University, and ColumbiaUniversity.[295]Dr. Manning Marable, director of the African Studies Institute at Columbia,advises on the curriculum.[296]Issues explored included relationships between the community and the policedepartment, officer attitudes and their effect on how officers perform theirduties, stereotypes, how to avoid stereotypical language, and dialogue betweencommunity leaders and the officers to discuss community concerns in a meaningfulway.[297]

Ranking officers also receive training on diversity issues. TheLeader Seminar Series, attended twice annually by sergeants and lieutenants,includes a 1-day lecture covering Courtesy, Professionalism and Respect strategyin the workplace and hostile work environment issues.[298]All new precinct commanders are required to attend seven, 3-hour trainingsessions, including one session about CPR.[299]Newly promoted sergeants and lieutenants attend a 4-hour Cultural AwarenessSeminar defining and discussing culture, stereotypes, ethnicity, race,prejudice, and diversity.[300]The Executive Development program offers graduate-level seminars at the John JayCollege of Criminal Justice, including mandatory courses on managing diversity,and the OEEO, and optional courses on new immigrants, gays and lesbians, Africanand Caribbean Americans, Hasidics, Asians, and Hispanics.[301]

Community leaders criticized these efforts as inadequate. MargaretFung questioned the value of �1-day sensitivity training sessions which onlytouch the surface or public relations campaigns designed to promote therecruitment of minority police officers but fails to involve minority media inthat process.�[302]Rev. Calvin Butts insisted that there must be �substantial changes in thetraining of police officers that serve New York City.�[303]The dissenters on the mayor�s Task Force on Police/Community Relationsdescribed the Executive Development program as �equally deficient as thecadet-training program.�[304]Programs relating to communities of color receive little or no attention,especially considering the dearth of programs focusing on handling policemisconduct or excessive force.[305]

**SexualHarassment Training**

Sexual harassment generally subjects offenders to the samepenalties and complaint procedures as other types of discrimination. Officersreceive sexual harassment training in several forms. One lesson in the PoliceAcademy curriculum specifically addresses sexual harassment.[306]As discussed above, a 1998 settlement agreement between the NYPD and UnitedStates required the NYPD to revise its sexual harassment training at the academyusing input from the OEEO.[307]The academy�s current sexual harassment materials define sexual harassment as�any *repeated,* or *unwantedverbal* or*physical* advance, sexually explicit derogatory statement, orsexually discriminatory remarks made by someone in the work place which isoffensive or objectionable to the recipient or causes the recipient discomfortor humiliation that interferes with the recipient�s job performance.�[308]A few specific examples of sexual harassment are listed, and the materials notethat �[f]rankly, the recipient decides whether or not an act is consideredsexual harassment.�[309]A case study is also included.[310]

The lesson focuses on the concepts of �adverse impact� offacially neutral policies, and �disparate treatment� of women because oftheir gender.[311]The materials go on to describe the OEEO complaint process, including InterimOrder PG120-12.[312]The NYPD Sexual Harassment Policy Statement, stating that harassment is aprohibited form of discrimination and urging victims of harassment to contactthe OEEO, is also included, as is a second interim order relating specificallyto the display of offensive material in the workplace.[313]Other sexual harassment training includes:
-  Two short videos outlining the OEEO complaint procedure anddescribing types of conduct constituting sexual harassment, shown to all NYPDemployees.[314] One of the videoscontains a brief introduction by Commissioner Safir asking for an end to allemployment discrimination and sexual harassment, and cautioning that suchbehavior will not be tolerated.[315]Management training, including instruction regarding sexualharassment issues such as the definition of sexual harassment, supervisors�responsibilities under OEEO procedures, and displays of sexually explicitmaterials.[316]Eight hours of in-service training for all members of servicediscussing the definition and examples of sexual harassment (including roleplays), the concept of a hostile work environment, and the OEEO complaintprocess.[317]An 8-hour Equal Employment Opportunity/Sexual Harassment Workshop,discussing key concepts and terminology, including examples of harassment; CPRrequirements as they relate to harassment, and a discussion of sexual harassmentlaws.[318]
**Instruction**

The quality of the materials used in training is irrelevant if theinstructors are not qualified and if the training is delivered in an environmentnot conducive to learning. Based on review of the materials submitted, itappears that the quality of instructors of diversity and sexual harassmenttraining is spotty.[319]This is particularly troubling because, when dealing with sensitive, complex,and nuanced issues like racism and prejudice, poor instruction can lead toharmful misunderstandings among trainees.

Low quality instruction also contributes to the apparentunreceptiveness of many officers to diversity training. This unreceptiveness isexemplified by the experience of a congressional caseworker sent to the NYPD asa diversity trainer. She described her experience as �abus[ive].�[320]Officers slept, ate, carried on personal conversations, openly groaned, andthrew things at her.[321]The absence of a ranking officer in the room to even introduce the instructorcontributed to these problems.[322]Others had similar experiences. Even when members of the clergy, like Rev.Butts, went into police precincts to give sensitivity training, they had toendure the �abuse of the police officers sitting in front of us who would goto sleep, who would throw things at us, who would laugh, who would say, �Yeah,you need to come on patrol with us,� who would just dismiss it altogether.�[323]This behavior might be attributable to the general sense that diversity trainingis given with �a nod and a wink� and that ranking officers and instructorsoften convey the impression that the diversity training is less important thanother training.[324]

Effective training requires that officers must take the trainingseriously or risk facing disciplinary action. This commitment to diversitytraining should come from ranking officers, and incentives and discipline shouldbe tailored accordingly. Alternatively, each officer should be tested on his orher knowledge of the material.

The ethnic and gender makeup of the instructors may alsocontribute to the deficiencies noted earlier. As in the NYPD generally, PoliceAcademy instructors are not representative of New York City. Of 127 instructors,85 are white, 30 are black, 7 are Hispanic, and 30 are women.[325]Improving the diversity of academy instructors is an important step towardincreasing the effectivenessof NYPD�s diversity training.[326]

**Stop, Question and FriskTraining**

The NYPD equips its officers with training materials and providesa number of instructional opportunities relating to the department�s stop andfrisk policies and procedures. While most of these materials capably instructofficers on the appropriate legal standards for conducting stop and friskencounters, a handful of other materials take a more cavalier approach towardconstitutional requirements, exalt officer safety over other importantobjectives or, worse still, provide officers with incomplete information. Inparticular, the NYPD�s in-service stop and frisk training may fail to instillrespect for adherence to constitutional procedures. The following is a generaloverview of the NYPD�s principal stop and frisk trainingmaterials and mechanisms.

***Recruit Training Manual***

Chapter 5 of the Recruit Training Manual introduces new recruitsto the legal circumstances that may justify stopping and frisking a suspectduring a street encounter. The manual illustrates the *De Bour*[327]sliding scale of police conduct by analogy to a thermometer:

The levels of proof are like a thermometer in that the more factsyou have supporting your belief of criminal activity, the higher your level ofproof . . . As your level of proof increases, your authority also increases. Inother words, the more an officer knows�the more the officer can do.[328]

The manual instructs that �[r]easonable suspicion means morethan a hunch . . . [It] requires facts (valid reasons) which officers mustarticulate to show why they were suspicious, otherwise their suspicions will notbe considered reasonable.�[329]

Chapter 5 generally provides accurate descriptions ofconstitutional stop and frisk procedures and requirements through narratives andpractice cases. In addition to the basic legal requirements for initiating astop and frisk, the manual instructs recruits that �[h]aving valid grounds fora stop does not allow unreasonable police conduct. . . . Every part of [the]investigation must be reasonable.�[330]That being said, portions of the Recruit Training Manual are inconsistentregarding the importance of respecting and protecting individual rights:

[I]n passing the Stop, Question and Frisk law . . . [p]olicesafety was balanced against the individual�s right to be free fromgovernmental abuse and harassment. A policeofficer should always remember that personal safety is paramount in allthese situations.[331]

These instructions correctly indicate that the law balances policesafety and individual rights�and then suggest that officers may strike adifferent balance that resolves all issuesin favor of personal safety.

***Patrol Guide Manual***

The New York City Police Department Patrol Guide Manual alsoprovides guidance to police officers on appropriate stop and frisk procedures.In particular, the guide features a nine-page section entitled �Practical Tipsfor New York Law Enforcement,� which provides succinct, practical advice on *Terry*and *De Bour* procedures.[332]Practical Tips emphasizes the importance of officer credibility, restraint, andadherence to established constitutional standards. The guide instructs officerson the complex four-tiered approach of *DeBour*:

Initially, the officer must remember that he can only takeofficial action which is reasonably related to the amount of information hepossesses. . . . [T]he most minimal intrusion he can make is a request forinformation. This can be done as a �public service� function in situationswhere people are in distress.[333]

Moreover, the guide stresses that officers must be forthrightregarding any and all events surrounding an arrest or other intrusion. Forexample, the guide warns that

there are many police officers who feel that they are fighting awar against the criminal and that it is a fight between the �good guy� andthe �bad guy.� . . . [A]s a result they feel that it is permissible to takewhatever �steps� are necessary to win the war.

If winning the war means changing a few facts in a police reportor during courtroom testimony . . . the officer believes the end justifies themeans. Obviously, this line of reasoning has no place in . . . law enforcement.[334]

Section 116-33 in the main body of the Patrol Guide Manual details*Terry* stop and frisk procedures. Inoutlining relevant procedures, this section of the guide may also emphasizeofficer safety to the exclusion of other important law enforcement objectives.For example, the stated purpose of the section is to �protect uniformedmembers of the service from injury while conducting investigations involvingstop and frisk situations.�[335]This mission statement fails to account for the other purposes of articulatingdepartmentwide stop and frisk procedures, including the prevention of crime, theapprehension of criminals, and the protection of individuals� civil liberties.In addition, Section 116-33 provides a list of �reasonably suspicious�factors that may be cited in support of a stop, including demeanor of thesuspect; gait and manner of the suspect; any knowledge of the suspect�sbackground and character; whether the suspect is carrying anything and what heis carrying; manner of dress of suspect, including bulges in clothing; time ofday or night; any overheard conversation of the suspect; particular streets andareas involved; any information from third parties; and proximity to scene ofthe crime. The guide should make clear that not all of these factors, standingalone, would suffice to establish reasonable suspicion of criminal activity. Themere fact that an individual is observed in a high crime area, for example,would generally not justify a stop under New York law, absent other evidence ofcriminal activity. Indeed, in *People v.Cornelius,*[336]the Appellate Division concluded that �[t]he Constitutional protectionsagainst unwarranted intrusion by an agent of the State are not to be relaxedwhen an individual goes for a walk, or engages in otherwise innocent behavior,in a public area statistically known for a high incidence of crime.�[337]

***Legal Bureau Bulletins***

The NYPD�s Office of Deputy Commissioner publishes a series ofLegal Bureau Bulletins on stop, question and frisk policies and procedures.Volumes 17 and 25 of that series, entitled �Stop, Question and Frisk� and�Street Encounters,� instruct officers on basic *Terry* stop procedures. Volume 25, for example, instructs that

if the officer has a basis for suspicion that a person is engaged,has engaged or is about to engage in crime, and that belief would be shared byother prudent men given the same facts and circumstances known to the officer,then the officer has reasonable suspicion. At this level of suspicion, theofficer may approach, question and forcibly detain the person.[338]

The bulletin further instructs officers that �investigativesteps . . . must be reasonably related to the circumstances which justified thestop,� and that officers must be able to articulate reasons for fear of safetyin order to conduct a frisk of the person stopped.[339] 

***In-Service Training***

The NYPD�s in-service training consists of Police Academy�In-Tac� training, borough- and precinct-based training, and reinstatementtraining. The academy�s In-Tac training consists of two 6-hour modules. Thefirst module primarily consists of interactive role-playing sessions that covera variety of topics, including stop and frisk. The second module concentrates ontactical issues, review of legal precepts, and NYPD policy.[340]The NYPD mandates such training for all officers and detectives under designatedcommands.[341]The NYPD also supports a borough-based training program and precinct-leveltraining initiatives; however, from the materials provided by the NYPD, it isunclear whether (and to what extent) these programs train in-service officers onappropriate stop and frisk procedures.

Indeed, with the exception of the In-Tac training, the materialsprovided by the NYPD suggest that much of the �in-service� stop and frisktraining officers receive is informal, sporadic, and of questionable benefit.Portions of stop and frisk training materials from the NYPD�s ReinstatementTraining program, for example, take a cavalier attitude toward the relevantconstitutional requirements. These materials derisively characterize the SupremeCourt�s decision in *Terry* asfollows:

An officer in Ohio took immediate action . . . [the Court]pondered, researched, discussed, smoked a lot of cigars, and finally decidedthat the officer had acted properly. . . . The point is, a cop . . . [must] takeaction on the spot without benefit of law books or time to ponder.[342]

Moreover, there is a concern that the training boards locatedwithin certain NYPD precinct houses may encourage officers to stop and searchindividuals to achieve quotas irrespective of whether officers have reasonablesuspicion for the search. During the May 1999 hearing before this Commission,Officer Hiram Monserrate testified about the existence of a training board atthe 111th Precinct in Queens with the words �TOSS, TOSS, TOSS� writtenallegedly by the commanding officer.[343]TOSS is police jargon, which means to stop and search individuals. This was withthe absence of any legal training on search and seizures.

Such evidence suggests that much of the work the NYPD does intraining new recruits and inexperienced officers on appropriate stop and friskprocedures may be eroded by sporadic, inadequate training, lackadaisicalattitudes, and mixed messages once officersare active in the field.

**Community Concerns**

Howard Katz of the Anti-Defamation League felt that trainingshould involve community-based organizations.[344]The people who live in the city �need to be a part of these training programsso the law enforcement officials hear from the people that they�re going to bedealing with, working with, and sometimes interacting with, in sometimes hostilesituations.�[345]He suggested bringing training programs into local precincts taught by localcommunity activists.[346]

Hyun Lee, program director of the Committee Against Anti-AsianViolence, felt strongly that change must come with introspection from the policedepartment. She testified that before �the NYPD starts talking about culturalsensitivity and the culture of other races, it needs to seriously examine itsown culture of racism and brutality,� which she characterized as �deeplyembedded� in the department�s policies and practices.[347]As an example, she discussed the �huge discrepancy� in the rates ofindictments of civilian defendants in general and police officers accused ofmisconduct.[348]Such a discrepancy �raises doubts in New York City about equal protectionunder the law.�[349] The problem of policebrutality �resides with individualofficers, the [officers] themselves are racists, and dealing with individualofficers won�t root out the problem.�[350]

Ms. Lee also believed a �conspiracy of silence� existed.[351]She hoped the department would mandate protection of officers who testifiedagainst fellow officers.[352]She went further and recommended that the federal government �mandatepunishment for officers who lie under oath to protect criminal and brutalofficers.�[353]

**Effectiveness ofDiversity Training/ Recommendations**

The mayor�s Task Force on Police/Community Relations concludedthat the NYPD�s training on diversity is

at least insufficient, if not detrimental, to providing studentofficers with the necessary skills to interact effectively with diversecommunities. When education or training focuses on highly sensitive areas likecultural diversity, simply including the subject matter in a curriculum does notin any way assure that meaningful learning and growth occurs. In fact, wronglypresented training in these areas can be counter-productive.[354]

To remedy this, the mayor�s task force report included a seriesof recommendations regarding training.[355]First, the report suggested changing the cultural diversity program at thePolice Academy to place more emphasis on the importance of understanding thesources of attitudes and prejudice held by officers, and to utilize lectures,group discussions, and role plays. Exploration of the meaning of racism, sexism,bias, oppression, stereotyping, peer pressure, and related concepts should beincluded.[356]Second, the report recommended continuing the NYPD�s collaboration with theNew York State Regional Policing Institute, a group of law enforcement agencies,John Jay College of Criminal Justice, and community groups, which teachesofficers and community leaders community-oriented policing skills.[357]Third, the report urged enhancement of the field training component of thePolice Academy, including expanding field training from 3 months to 6 months,and mandated participation by each officer in community-based activities.[358]Fourth, the report proposed enhancing diversity training at the borough andprecinct level, including creating precinct-specific source books withinformation about local communities and memo book inserts including languagecards containing basic phrases of use to officers in dealing with theircommunity, and enhancing in-service cultural diversity training for officers andin leadership training.[359]Fifth, the report suggested creating a board of visitors for the Police Academyto review the curriculum.[360]

These proposals are a good start toward correcting the problems inNYPD diversity training.[361]This might help reduce the serious race-related problems in the NYPD, includingbut not limited to brutality such as the sexual torture of Abner Louima**inside a police precinct house and the killing of Amadou Diallo, which arehuman tragedies in the life of the NYPD. The NYPD claims that such incidents areisolated, and perpetrated only by a few �bad apples.� Even if this weretrue, one must ask what can be done to prevent such atrocities. Eliminating arelatively few ignorant sentences from a stack of training materials andimplementing measures to force officers to take diversity training moreseriously are unlikely to prevent officers from torturing or killing people ofcolor. Then again, perhaps the ignorance reflected in some of the trainingrepresents a deeper problem in the NYPD that can be slowly corrected by thesubstitution of proper training materials for deficient materials, and by bettertraining new officers.

**Findings and Recommendations: Chapter 2**

**Disproportionate Representation**

**Finding 2.1:** The NYPD does not represent the diverse population ofthe City of New York. In New York, African Americans represent 31.6 percent ofthe population; Hispanics, 20.3 percent; Asian Americans and Pacific Islanders,9.7 percent; and females, 53 percent. In contrast, in the NYPD, AfricanAmericans represent 15 percent of police force; Hispanics, 18 percent; AsianAmericans and Pacific Islanders, 1.5 percent; and females, 13.8 percent. Hiringinformation from 1994 through 1998 suggested that diversity did not appreciablyincrease. In fact, African American hires decreased in this time period. AmongNYPD ranking officers, few people of color have been promoted to thesecommand levels. 

**Finding 2.2:** The disproportionate representation of people ofcolor and women on the NYPD stems, in part, from the application process. TheNYPD receives fewer applications from people of color and women than white men.From 1994 through 1999, the passage rate for applicants of color was lower thanfor whites. Moreover, biases may exist in the system that eliminate candidatesof color during the application process, including background checks andpsychological testing.

**Finding 2.3:** The NYPD�s recruitment campaign has specificallysought candidates who represent the racial and ethnic diversity of thecommunities it serves. The campaign has not adequately accomplished that goaldespite millions of dollars spent. The NYPD�s multimillion dollar advertisingcampaign failed to utilize local minority communities groups.

**Finding 2.4:** A large percentage of NYPD officers live outside thefive boroughs, the very communities they are required to serve. Police officerswho live in the borough might create familiarity between the residents and theofficers. Officers might learn more about the local communities, have a greaterstake in safe neighborhoods, and gain understanding and respect from residents.

**Finding 2.5:** Negative public perceptions of the NYPD contribute tothe disproportionate representation of people of color on the force.

**Recommendation 2.1:** The NYPD must evaluate and revise itsrecruitment plans. It must increase the numbers of applicants and cadets fromlocal communities of color. An aggressive affirmative action program must beinstituted. It should establish a permanent minority recruitment unit withadequate funding. At a minimum, the NYPD should increase its preference pointsfor applicants from New York residents and add other incentives for officers tomove into the city. Preferably, the NYPD should require all police officers tolive in one of the four New York boroughs.

**Professionalization of the NYPD**

**Finding 2.6:** The NYPD requires that new cadets have at least 60college credits with at least a 2.0 grade point average. Although laudable, amore stringent requirement should be instituted to professionalize the policeforce. A professional police force would develop officers who possess soundjudgment, good reasoning abilities, knowledge of law, and the maturity to dealeffectively with the people they serve. Further, Civilian Complaint Review Boarddata indicate that officers with less than an associate degree are more likelyto have substantiated complaints of misconduct against them.

**Finding 2.7:** The NYPD Cadet Corps and Explorers programs havepositively affected minority recruitment into the force.

**Recommendation 2.2:** The NYPD should encourage all new policerecruits to have a college degree. Or, new recruits who do not possess a collegedegree should be given paid leave or time off until they earn a baccalaureatedegree. The NYPD should also build closer ties with local colleges anduniversities to recruit cadets, provide career guidance, and utilize faculty inits training programs. Additionally, it should expand the Cadet Corps andExplorers programs.

**Promotion**

**Finding 2.8:** Having officers of color in command-level positionswould improve police-community relations and decrease the likelihood of policemisconduct. However, officers of color have difficulty reaching command levels.There may be biases built into the process, such as pressuring officers toproduce summonses, arrests, and seizures while neglecting to provide incentivesfor officers who protect individual civil rights. This encourages officers toengage in unlawful and illegal practices. Some retaliation by the NYPD againstofficers who report such misconduct may occur. Also, the pressure harms policerelationships with local communities.

**Recommendation 2.3:** The NYPD should evaluate its promotion processto determine what biases exist in the system and seek ways to improve thepromotion of officers of color. The department may look to the promotionpolicies used by the U.S. military, for example, as a helpful guide in theenhancement of its existing promotion policies. Claims of retaliation should beinvestigated.

**Equal Employment Practices**

**Finding 2.9:** The NYPD failed to survey officers regardingdiscrimination or sexual harassment to adequately determine the true scope ofthe problem. The Office of Equal Employment Opportunity (OEEO) lacks properfunding and is understaffed and undertrained.

**Recommendation 2.4:** The NYPD should survey its officers regardingdiscrimination and sexual harassment. It should quickly implement the settlementterms of the lawsuit brought by the United States under Title VII of the CivilRights Act with regard to sexual harassment, including providing additionalfunds to properly run the OEEO, hire additional staff, and adequately trainemployees.

**Diversity Training**

**Finding 2.10:** Training is an essential element in developing goodpolice officers. Cadets may not receive enough training time and experience,especially diversity training. The NYPD uses training materials with offensiveand prejudicial racial, ethnic, religious, sexual, and gender stereotypes. Suchmaterials exacerbate racial and ethnic tensions by oversimplifying andgeneralizing facts about the communities that are served. Additionally, sexualharassment training is inadequate.

**Finding 2.11:** The quality of instructors conducting diversity andsexual harassment training and the number of instructors of color needimprovement. Poor instruction leads to harmful misunderstandings among trainees.Further, trainees do not take such training seriously.

**Recommendation 2.5:** The NYPD should change its diversity trainingand sexual harassment programs, including enhancing such training at the boroughand precinct levels. It should include members of the local communities indeveloping courses. More training time must be devoted to diversity training.Negative stereotypes embedded within training materials should be eliminated.Materials should explore the meaning of racism, sexism, bias, oppression,stereotyping, peer pressure, and related concepts. The mandates required underthe settlement agreement with the United States should be implemented to addressthe inadequate sexual harassment training. Trainees should be tested on thematerial.

**Stop and Frisk Training**

**Finding 2.12:** The NYPD�s in-service stop and frisk trainingoccurred sporadically and is of questionable benefit. It also failed to instillrespect for adherence to constitutional procedures. The training underemphasizesimportant law enforcement objectives in favor of officer safety and ease. Thelack of regular continuing education courses on stop and frisk procedurescontributes to misunderstanding by police officers.

**Recommendation 2.6:** Regular continuing education courseshighlighting relevant constitutional requirements should be implemented for allofficers regardless of rank.

[1]*See* New York City Police Department, 1998 Innovations in American    Government�Courtesy, Professionalism and Respect Strategy, p. 3 (hereafter    cited as 1998 Innovations in American Government).

[2]*See*U.S. Commission on Civil Rights, *Who    Is Guarding the Guardians?*October 1981.

[3] Ibid., p. 5.

[4] Rudolph W. Giuliani, mayor    of the City of New York, statement to the U.S. Commission on Civil Rights,    New York, NY, May 26, 1999, p. 14 (hereafter cited as Mayor�s Statement).

[5] Rudolph W. Giuliani, mayor    of the City of New York, testimony before the U.S. Commission on Civil    Rights on *Police Practices and Civil    Rights in New York City*, hearing, New York, NY, May 26, 1999,    transcript, p. 40 (hereafter cited as New York Hearing Transcript).

[6] Sharpton Testimony, New    York Hearing Transcript, p. 377. *See*1990 Census, *Social and    Economic Characteristics: New York*, table 7; 1980 Census, *General    Social and Economic Characteristics: New York*, table 59; Peter F.    Vallone, �The NYPD: Blueprint for Reform,� speaker of the New York City    Council, May 12, 1999, p. 9 (hereafter cited as Vallone, �Blueprint for    Reform�).

[7] Sharpton Testimony, New    York Hearing Transcript, p. 380.

[8] 1990 Census, *Social    and Economic Characteristics: New York*, table 7; 1980 Census, *General    Social and Economic Characteristics: New York*, table 59. Vallone,    �Blueprint for Reform,� p. 9.

[9] Ibid. The most recent    Office of Equal Employment statistics provided to the Commission are from    1996. They indicate that 14.6 percent of NYPD uniformed personnel were    Hispanic, 9.8 percent African American, 1.1 percent Asian, and 16.5 percent    female. EEO Summary Table, Apr. 30, 1996. It has been suggested that    the figures regarding underrepresentation of people of color on the force    might be somewhat overstated, because a disproportionate number of minority    residents of New York City are not citizens, precluding them from becoming    police officers.

[10] C.J. Chivers, �Poaching    Adds New Hurdles to Police Recruitment Efforts,� *The    New York Times*, Apr. 6, 2000.

[11] New York City Police    Department, Ethnic/Gender Breakdown of Police Officer Hires (1994�1998).

[12] New York City Police    Department, Police Officer Hires for Past Eight Years. Attrition rates for    people of color and women may also play a role in the underrepresentation of    these groups. No data on attrition were provided by the NYPD.

[13]*Task Force on New York City Police/Community Relations: Report to the Mayor*,    March 1998, p. 50 (hereafter cited as *March    1998 Task Force Report*). Bucking the trend, far more minority women than    white women have been hired recently. From 1994 through 1998, 981 minority    women were hired, compared with 571 white women, a difference of almost 72    percent. New York City Police Department, Ethnic/Gender Breakdown of Police    Officer Hires (1994�1998).

[14] The NYPD counters that,    in fact, the opposite is true: �Minorities are appointed to discretionary    ranks in greater proportion than their representation in the Department, and    earlier in their careers than white officers� (emphasis omitted). Howard    Safir, police commissioner, *New York City Response to the Draft Report of the United States    Commission on Civil Rights�Police Practices and Civil Rights in New York    City*, May 16, 2000 (page numbers omitted) (hereafter cited as *NYPD Response*).

[15] New York City Police    Department, Count of Personnel, Mar. 29, 1999.

[16] New York City Police    Department, Proportion of Personnel in Rank (NYP 002319), Mar. 29, 1999.    This trend might not hold for ranks above captain where, according to    statistics cited by Commissioner Safir, people of color are significantly *more*    likely to be promoted than whites. For example, 31.3 percent of whites with    the civil service rank of captain or above have been promoted to higher    ranks, compared with 47.4 percent of African Americans, 45.8 percent of    Hispanics, and 50 percent of Asians. For certain positions, including    lieutenant, sergeant special assignment, commander/supervisor detective    squad, and detective first and second grade, African Americans and Hispanics    are promoted between 2 and 6 years more quickly, on average, than whites.    Safir Testimony, New York Hearing Transcript, p. 15. Because there are so    few such officers, however, it is difficult to reach a conclusion regarding    the reasons for and importance of these statistics.

[17] New York City Police    Department, NYPD Recruitment Section: 1997�1998 Recruitment Drive, Final    Report (NYP 000905) (hereafter cited as 1997�98 Recruitment Drive Report).

[18] Howard Safir, New York    police commissioner, statement to the New York City Council Public Safety    Committee, New York, NY, Apr. 19, 1999, p. 14 (hereafter cited as Safir    Statement to Public Safety Committee). Statistics are not provided for    women.

[19] Ibid. The NYPD now offers    free tutorial classes to prepare applicants for the examination, which    should help increase pass rates of those minority applicants taking the    classes. *March 1998 Task Force Report*,    p. 47.

[20] Ibid. The NYPD now offers    free tutorial classes to prepare applicants for the examination, which    should help increase pass rates of those minority applicants taking the    classes. *March 1998 Task Force Report*,    p. 47. Indeed, the NYPD reported that these efforts resulted in a 68.12    percent pass rate for minority candidates for the October 1999 exam. *NYPD    Response.*

[21] Giuliani Testimony, New    York Hearing Transcript, pp. 69�71.

[22] Ibid.

[23] Ibid., p. 71.

[24] Sergeant Anthony Miranda,    president of the NYPD Latino Officers� Association, testified that the    citizenship requirement should be eliminated in order to open the door for    the larger community of permanent residents to begin to participate in the    legal process. Miranda Testimony, New York Hearing Transcript, p. 319. The    mayor, however, insisted that the citizenship requirement is a legal    requirement and therefore, despite the large number of noncitizen residents,    he would *not* do away with this    requirement. Giuliani Testimony, New York Hearing Transcript, p. 74. He    stated: �You start into a whole conceptual thing if you were to expand it    to noncitizens.� Ibid. Despite the difficulty and waiting requirements to    become a citizen and then a police officer, the mayor insisted that �if    you want to a be a police officer, you should become a citizen and then    become a police officer. That�s a reasonable, sensible requirement of an    orderly society.� Ibid.

[25]<http://www.ci.nyc.ny.us/html/nypd/html/misc/po-test.html>.

[26] Ibid.

[27]<http://www.ci.nyc.ny.us/html/nypd/html/chfpers/apd.html>.

[28] Among the stated purposes    of the psychological examination are �eliminat[ing] candidates who exhibit    emotional, behavioral or psychological problems that make them unable to    avoid bias, manage stress or interact with diverse cultures and    communities.� 1998 Innovations in American Government, p. 3.

[29] <http://www.ci.nyc.ny.us/html/nypd/html/misc/po-test.html>;    <http://www.ci.nyc.ny.us/html/nypd/html/chfpers/apd.html>.

[30]<http://www.ci.nyc.ny.us/html/nypd/html/chfpers/apd.html>.

[31] Safir Testimony, New York    Hearing Transcript, p. 154.

[32] Ibid.

[33] Miranda Testimony, New    York Hearing Transcript, p. 320.

[34] Ibid.

[35] Ibid.

[36] Ibid., pp. 320�21.

[37] Ibid., p. 321.

[38] Butts Testimony, New York    Hearing Transcript, p. 98.

[39]*March    1998 Task Force Report*, Exhibit U.

[40] Ibid.

[41] Andrew Jacobs, �Bad    Cop,� *The New York Times*, Nov.    10, 1996, sec. 13, p. 1.

[42] Gerald W. Lynch, �Make    College a Cop Requisite,� *Daily News*    (New York), June 21, 1995, p. 25.

[43] Gerald W. Lynch,    �College Degrees for Cops,� *USA    Today*, Feb. 5, 1996, p. 10A.

[44] Ibid.

[45] Ibid.

[46] Lynch, �Make College a    Cop Requisite,� p. 25. There may be fears that instituting a college    degree requirement would reduce the pool of applicants of color. However,    Lynch found that the opposite was true. Ibid. �A study several years ago    of active city police officers showed that people of color are more likely    to have a college education than white officers (26% vs. 23%).� Ibid. In    addition, the success of police training programs at the John Jay College of    the City University of New York in recruiting officers of color provides    ample evidence that a college degree requirement would improve diversity at    the NYPD. Ibid.

[47] Roger Deitz, �The Honor    Roll: CUNY�s John Jay College of Criminal Justice,� *The    Ethnic Newswatch*, Sept. 25, 1998, p. 18. The college is a liberal arts    institution dedicated to education, research, and service in criminal    justice and fire science, and in related areas of public safety and public    service. Ibid. According to its literature, it aims to develop graduates    with the �intellectual acuity, moral commitment, and professional    competence to confront the challenges of crime, justice, and public safety    in a free society.� Ibid. The college offers an undergraduate and graduate    curriculum that �balances the arts, sciences, and humanities with    professional studies, encouraging them to develop a continuing relationship    with learning and service, and an awareness of the diverse cultural,    historical, and political forces that shape society.� Ibid.

[48] 1997�98 Recruitment    Drive Report.

[49] Limited information on    the recruiting �pitch� used to generate interest in minority candidates    and women was provided to the Commission, making it difficult to analyze the    deficiencies in the recruitment effort that have contributed to the    underrepresentation problem.

[50]*March    1998 Task Force Report*, p. 50. *See    also* Michael Meyers, Margaret Fung, and Norman Siegel,*Deflecting Blame: The Dissenting Report of the Mayor�s Task Force on    Police/Community Relations* (New York Civil Liberties Union: March 1998),    p. 65 (hereafter cited as Meyers et al., *Deflecting    Blame*).

[51]*March    1998 Task Force Report*, p. 50; Meyers et al., *Deflecting    Blame*, p. 65.

[52] Giuliani Testimony, New    York Hearing Transcript, p. 43.

[53] Mayor�s Statement, p.    14.

[54] 1997�98 Recruitment    Drive Report.

[55] Ibid. Minority    representation at these schools ranges from 69 to 96 percent. Ibid.

[56] Mayor�s Statement, p.    14.

[57] New York City Police    Department, �City Resident Recruitment Drive.�

[58] Butts Testimony, New York    Hearing Transcript, p. 136.    

[59] Ibid.

[60] Mayor�s Statement, p.    15.

[61] 1997�98 Recruitment    Drive Report.

[62] This possibility could    not be evaluated by the Commission because information about the substance    of the advertisements, presentations, and other NYPD recruitment efforts was    not provided by the NYPD.

[63]**Vallone, �Blueprint for Reform,� p. 9.

[64]*NYPD    Response.*

[65] Ibid., p. 39.

[66] Howard Safir, police    commissioner, Comments on the FY 2000 Executive Budget Presented before the    New York City Council, May 20, 1999, p. 5.

[67]Safir    Testimony, New York Hearing Transcript, pp. 211�14.

[68] Ibid.

[69] Ibid.

[70] The Arnell Group (now    known as the Arnell Group Worldwide). *NYPD Response*. The Arnell Group provided its services pro bono as a    gift to the city.

[71] �Minority Media Snubbed    in NYPD Recruitment Campaign,�*****New York Amsterdam News*,    May 20�26, 1999, p. 1; Sharpton Testimony, New York Hearing Transcript,    pp. 377�90. The head of the Soho-based agency defended its actions by    explaining that no contracts for performing the advertising had yet been    entered, and that minority-owned media might be used.

[72] Sharpton Testimony, New    York Hearing Transcript, p. 377.

[73] Ibid.

[74] Ibid., pp. 377�78. The    NYPD disputes this witness�s testimony. *NYPD Response*.

[75]<http://www.ci.nyc.ny.us/html/nypd/html/misc/po-test.html>.

[76] Giuliani Testimony, New    York Hearing Transcript, p. 14.

[77] Ibid.

[78] Ibid., p. 73.

[79] Ibid.

[80] Ibid. p. 15; Safir    Testimony, New York Hearing Transcript, p. 193.

[81] Green Testimony, New York    Hearing Transcript, p. 280.

[82] Ibid.

[83] Cortes-Vazquez Testimony,    New York Hearing Transcript, p. 368.

[84] Sharpton Testimony, New    York Hearing Transcript, p. 381.

[85] Green Testimony, New York    Hearing Transcript, p. 281.

[86] Katz Testimony, New York    Hearing Transcript, p. 411.

[87] Ibid., pp. 412�13.

[88]*See* New York Hearing Transcript, nn. 7�14.

[89]*March    1998 Task Force Report*, p. 48.

[90]*See, e.g.*,****New York City Police Department, CPR Courtesy Professionals and    Respect Pamphlet, August 1997; New York City Police Department, City    Resident Recruitment Drive Community Outreach Component; New York City    Police Department, City Resident Recruitment Drive; Memorandum from Chief of    Personnel to Police Commissioner of Apr. 23, 1999, Proposal for Police    Trainee Program.

[91] New York City Police    Department, Personnel Borough Past, Present, and Future, September 1995, p.    5.

[92]*March    1998 Task Force Report*, p. 46.

[93] Meyers et al., *Deflecting    Blame,*p. 57.

[94] Vallone, �Blueprint for    Reform.�

[95]*March    1998 Task Force Report*, p. 48; Meyers et al., *Deflecting    Blame,*pp. 57�58.

[96] Meyers et al., *Deflecting    Blame*, p. 57.

[97] Ibid., pp. 57�58.

[98] Ibid., p. 58.

[99]*March    1998 Task Force Report*, p. 48; Meyers et al., *Deflecting    Blame,*pp. 57�58 .

[100]*March    1998 Task Force Report*, p. 49.

[101] Ibid.

[102]Ibid.    Safir Statement to the Public Safety Committee, p. 90.

[103] Meyers et al., *Deflecting    Blame*, p. 57.

[104] Mayor�s Statement, p.    15. In fact, the NYPD reported that the law enforcement high school has been    established. *NYPD Response*.

[105]**Mayor�s Statement, p*.* 15.

[106]*See, e.g.*, New York City Police Department, Cadet Corps Brochure,    revised May 1999 (hereafter cited as Cadet Corps Brochure); New York City    Police Department, Final Report of the Committee on the Future of the Police    Cadet Corps, Dec. 15, 1995 (hereafter cited as Cadet Corps Report).

[107] Cadet Corps Report, p.    10.

[108] Ibid.

[109] New York City Police    Department, Police Cadet Corps Loan Agreement.

[110] Cadet Corps Brochure, p.    1.

[111] Cadet Corps Report, p.    2.

[112] Ibid.

[113] Gerald W. Lynch, �Make    College a Cop Requisite,� *Daily News*    (New York), June 21, 1995, p. 25.

[114] Ibid., p. 2.

[115] The mayor�s task force    report states that from 1995 to 1998 the Cadet Corps budget was reduced from    $1.4 million to $900,000 and enrollment shrunk from 175 cadets to 51. *March    1998 Task Force Report*, p. 48.

[116] Vallone, �Blueprint    for Reform,� p. 10.

[117] Lynch, �Make College a    Cop Requisite,� p. 25.

[118] Ibid.

[119] Ibid.

[120] New York City Police    Department, *Law Enforcement Explorer    Manual*.

[121] Ibid.

[122] Ibid.

[123] Memorandum re: Breakdown    of Law Enforcement Explorers, Apr. 16, 1996. In 1997 there were 2,600    Explorers; figures are not available for 1996. District Committee Meeting    Minutes: Law Enforcement Exploring, July 10, 1997.

[124] Giuliani Testimony, New    York Hearing Transcript, p. 41. According to the NYPD, the written    examination is administered in accordance with the civil service law by the    Department of Citywide Administrative Services (DCAS). Members of the NYPD    write each examination under the supervision of the DCAS. *NYPD Response*.

[125] Giuliani Testimony, New    York Hearing Transcript, pp. 41�42.

[126] The NYPD asserts that    the drug test is not a requirement to sit for the exam, but the test is    required to actually be promoted. *NYPD    Response*.

[127] Notice of 6/19/99    Examination for Promotion to Captain; Notice of 5/22/99 Examination for    Promotion to Lieutenant; Notice of 10/26/96 Examination for Promotion to    Sergeant.

[128] The materials provided    do not elaborate on what these �requirements and conditions� are.

[129] Notice of 6/19/99    Examination for Promotion to Captain; Notice of 5/22/99 Examination for    Promotion to Lieutenant; Notice of 10/26/96 Examination for Promotion to    Sergeant.

[130] Ibid.

[131]*NYPD    Response*.

[132] Notice of 6/19/99    Examination for Promotion to Captain; Notice of 5/22/99 Examination for    Promotion to Lieutenant;     Notice of 10/26/96 Examination for Promotion to    Sergeant.

[133] Notice of 6/19/99    Examination for Promotion to Captain; Notice of 5/22/99 Examination for    Promotion to Lieutenant; Notice of 10/26/96 Examination for Promotion to    Sergeant.

[134] The NYPD refuses to    speculate on the reasons for underrepresentation of women and people of    color but ventures to say that the pool of candidates for promotional exams    is limited by the employees of the next lower level. *NYPD Response*. This suggests that underrepresentation occurs at    these levels and that the NYPD has a serious problem with diversity.

[135] Officers earn    departmental awards for �highly creditable acts of police service.�    Credit for these awards is added to the scores of candidates who have passed    the written exam, thus affecting placement on the promotion list. *NYPD    Response*.

[136] Interim Order AG303-19    requires EEO performance to be considered in evaluating members of service    and deciding whether a member of service will receive a promotion. EEO    factors considered include whether the member of service has violated    department equal employment policy, Title VII of the Civil Rights Act, or    other applicable employment opportunity laws. The manner in which these    factors are considered and the impact of a negative evaluation on promotion    prospects are not stated. Interim Order AG303-19, Sept. 16, 1998 .

[137] Please note that the    sworn testimony of the witnesses, particularly those employed by the NYPD,    are relevant, in part, to provide an understanding of the perceptions and    tensions within the NYPD involving officers of color.

[138] Savage Testimony, New    York Hearing Transcript, p. 168.

[139] Ibid.

[140] Ibid., p. 169.

[141] Mr. Savage believed that    this and other pressures have negatively affected officers� relationships    with the very communities they served. Ibid. He stated: �As officers    strive to satisfy this ever-increasing demand, they find themselves using up    the reservoir of goodwill they had built up with the public.� Ibid.

[142] Leader Testimony, New    York Hearing Transcript, p. 326.

[143] Ibid.

[144] Monserrate Testimony,    New York Hearing Transcript, p. 294.

[145] Ibid.

[146] Ibid., p. 297.

[147] Adams Testimony, New    York Hearing Transcript, p. 323.

[148] Monserrate Testimony,    New York Hearing Transcript, p. 337.

[149] Ibid.

[150] Ibid.

[151] Adams Testimony, New    York Hearing, p. 334.

[152] Ibid.

[153] Ibid.

[154] Ibid., p. 335.

[155] Ibid.

[156]Lee    Testimony, New York Hearing Transcript, pp. 360�61.

[157]*But    see**NYPD Response* (providing an OEEO Report of Dec. 31, 1999, that    includes statistics for calendar year 1999).

[158] The NYPD counters that    it has in place several measures to address retaliation within the    department. *NYPD Response*.

[159]*See* U.S. Commission on Civil Rights,*Racial and Ethnic Tensions in American Communities: Poverty, Inequality, and    Discrimination, Volume V: The Los Angeles Report*, May 1999, p. 77.

[160] According to the NYPD,    the �OEEO has elected to conduct written confidential inquiries of    controlled groups to ascertain if employment discrimination has occurred.�    *NYPD Response*. However, the NYPD    failed to provide that information or the results of the inquiries to the    Commission.

[161] A crucial step toward    recruiting more members of minority groups is �provid[ing] clear evidence    that members of minority groups . . . will have equal opportunities    regarding assignments and promotion.� U.S. Commission on Civil Rights, *Who    Is Guarding the Guardians?*October 1981, p. 12.

[162] Interim Order PG120-12,    Sept. 15, 1998.

[163] Ibid., p. 2.

[164] Ibid., pp. 4�5.

[165] Ibid., p. 3.

[166] Ibid.

[167] Ibid., p. 4.

[168] Settlement Agreement    between the United States of America and the New York City Police    Department, June 18, 1998, p. 1 (hereafter cited as U.S.�NYPD Settlement    Agreement).

[169] Ibid.

[170] Ibid., pp. 2�7,    27�30.

[171] These changes appear to    have been reflected in Interim Order PG120-12, discussed above and below.

[172] Indeed, the NYPD has    already implemented certain measures. *NYPD Response*.

[173]    New York City Police Department, Equal Employment Opportunity Policy 1997    (NYP 000931); OEEO Transition Briefing for the New Police Commissioner,    Apr. 1, 1996, p. 3.

[174] Interim Order PG120-12,    Sept. 15, 1998, p. 4.

[175] Ibid., p. 5.

[176] Ibid., pp. 4�5.

[177] Ibid., p. 6.

[178] Ibid., p. 5.

[179] Ibid., p. 7.

[180] Ibid., p. 5.

[181] Ibid., p. 7.

[182] Ibid., p. 5.

[183] Ibid.

[184] Ibid.

[185] The Office of Equal    Employment Opportunity, 1996 Annual Report, p. 13 (hereafter cited as OEEO    1996 Annual Report).

[186] Ibid., p. 14. According    to the NYPD, all OEEO investigators must be certified in EEO studies by    Cornell University. They take courses in pursuit of this certificate that    include: the law of EEO, EEO selection and performance management, data    analysis for EEO professionals, and resolving EEO complaints. *NYPD    Response*.

[187] Ibid.

[188] Memorandum from Deputy    Commissioner, Equal Employment Opportunity, to Police Commissioner, Apr. 17,    1996.

[189] U.S.�NYPD Settlement    Agreement, p. 28. The NYPD reports that in 1998, it complied with the    settlement agreement by increasing the OEEO staff to 35, including a captain    and 2 lieutenants. *NYPD Response*.

[190] OEEO 1996 Annual Report,    p. 13.

[191] OEEO Annual    Investigations Overview 1996, Jan. 2, 1997, p. 2.

[192] OEEO 1996 Annual Report,    p. 13. No information on the magnitude of the increase in complaints to    external agencies was provided to the Commission.

[193] The NYPD contends that    other reasons exist explaining why employees resort to outside agencies    rather than the OEEO. Among them were the desire to receive a monetary    reward rather than discipline of the offender and/or corrective measures.    Moreover, the NYPD asserts that its efforts to enhance OEEO policies and    practices demonstrate its seriousness in addressing employment    discrimination of all types. *NYPD    Response*.

[194] OEEO 1996 Annual Report,    p. 13.

[195] The NYPD provided some    information in its response. *NYPD    Response*.

[196] Under the June 18, 1998,    settlement agreement with the United    States, the NYPD was supposed to develop an investigator�s manual.    U.S.�NYPD Settlement Agreement, pp. 18�20. That manual has not    been provided to the Commission.

[197] Mayor Giuliani has    described the NYPD as the �most professional and best-trained police    department in the country . . . unified by a common theme: respect for human    life and respect for the citizens of New York.� Ibid. Mayor Giuliani noted    that �New York City police officers receive a tremendous amount of    training in areas of cultural sensitivity.� Giuliani Testimony, New York    Hearing Transcript, p. 7.

[198] There are an estimated    100 languages spoken by an estimated 210 ethnic groups in New York City.    1998 Webber Seavey�Courtesy, Professionalism and Respect Strategy.

[199] Walcott Testimony, New    York Hearing Transcript, p. 107.

[200] Katz Testimony, New York    Hearing Transcript, p. 384.

[201] Safir Testimony, New    York Hearing Transcript, p. 154.

[202] Lapp Testimony, New York    Hearing Transcript, p. 171. In its response, the NYPD stated that    �substantial data supports these assertions� and provided some    additional information. *NYPD Response.*

[203] State of New York,    Office of the Attorney General Eliot Spitzer, *The New York City Police Department�s �Stop and Frisk� Practices:    A Report to the People of the State of New York from the Office of the    Attorney General*, 1999, p. 60.

[204] Ibid.

[205] Ibid., p. 61.

[206]*NYPD    Response*.

[207] Safir Testimony, New    York Hearing Transcript, pp. 158�60.

[208] Ibid.

[209] Ibid.

[210] Ibid., p. 161.

[211] Ibid.

[212] Ibid., p. 163.

[213] Ibid., p. 158.

[214] Ibid., pp. 158�60.

[215] Ibid.

[216] Ibid.

[217] Ibid.

[218] Ibid.

[219] Ibid.

[220] New York City Police    Department, Behavioral Science Curriculum Student Materials, 1999 (hereafter    cited as Behavioral Science Curriculum).

[221] Giuliani Testimony, New    York Hearing Transcript, p. 8.

[222] Ibid.

[223] Mayor�s Statement, p.    7.

[224] Ibid.

[225] Ibid.

[226] Ibid.

[227] Ibid.

[228] Ibid.

[229] Ibid.

[230]*See,**e.g.*, Behavioral Science Curriculum, Lesson 13.

[231] Katz Testimony, New York    Hearing Transcript, pp. 384�85.

[232] Behavioral Science    Curriculum, pp. 1�5.

[233] Behavioral Science    Curriculum, Instructor Syllabus.

[234] Behavioral Science    Curriculum,  pp. 1�5.

[235] Ibid.

[236] Ibid., pp. 16, 112.

[237] Ibid., p. 83.

[238] Ibid., pp. 105�18.

[239] Ibid., pp. 119�48.

[240] Behavioral Science    Curriculum. A complete set of the materials used in 1999 was not provided    for these lessons; however, the structure of the 1999 syllabus is identical    to that used with earlier materials. The following discussion is partially    based, therefore, on pre-1999 materials. In its response to a draft version    of this report, the NYPD provided its overview of the curriculum. *NYPD    Response*.

[241] Behavioral Science    Curriculum, Student Syllabus.

[242]*March    1998 Task Force Report*, p. 53.

[243] For example, the    materials note that ethnic jokes are �demean[ing],� Behavioral Science    Curriculum, p. 6; stereotypes are �insidious,� ibid., p. 16; and that    �prejudice usually develops out of fear or ignorance,� ibid., p. 108.

[244]*See*New York City Police Department, Courtesy, Professionalism and    Respect, a Training Strategy for Organization Development, NYPD Police    Academy 1996 (�The �point� is that people are different; we try to fit    into the main �culture� but, some of us can�t totally assimilate into    the dominant culture, no matter how hard we may try.� *See    also*New York City Police Department, Social Science Department Student    Syllabus, revised April 1997 (hereafter cited as 1997 Revised Student    Syllabus). In its response to a draft version of this report, the NYPD    stated that �assimilation� references that existed in the training    materials were removed in May 1998. *NYPD Response*.

[245] Behavioral Science    Curriculum, Lesson # 13: The Latino Community, Mexican Immigrants.

[246] Behavioral Science    Curriculum, Lesson # 13: The Latino Community, p. 6.

[247] Behavioral Science    Curriculum, Lesson # 13: The Latino Community, Dominican Immigrants.

[248] 1997 Revised Student    Syllabus, p. 95.

[249] Ibid., p. 103. In its    response to a draft version of this report, the NYPD said these training    materials were revised in May 1998. *NYPD Response*.

[250] 1997 Revised Student    Syllabus, p. 57.

[251] Ibid.

[252] Behavioral Science    Curriculum, p. 120.

[253] Ibid., p. 21. In its    response to a draft version of this report, the NYPD stated that these    references in the training materials were removed in May 1998. *NYPD    Response*. Moreover, this material was replaced by a book by Nancy Foner    that includes an entire chapter on Dominican immigrants. *NYPD    Response*.

[254] Siegel Testimony, New    York Hearing Transcript, p. 112.

[255] Meyers et al., *Deflecting    Blame*, pp. 44�46.

[256] Ibid., p. 113.

[257] Lee Testimony, New York    Hearing Transcript, p. 338.

[258] Siegel Testimony, New    York Hearing Transcript, p. 113.

[259] Ibid.

[260] Ibid.

[261] Ibid., p. 115.

[262] Ibid.

[263] For example, the    training materials contain very brief lists of accomplishments of various    ethnic groups, presumably to show that members of these groups have    significant accomplishments, thereby casting the group as a whole in a    positive light. These lists may insult those ethnic groups described and may    exacerbate any prejudices held by officers because they imply that the    listed items are all, or at least the most important, accomplishments of    members of each group. Examples are a one-half page list of �Contributions    of African American People� or a list of six �Famous Arabs.�    Behavioral Science Curriculum.

[264]*See, e.g.*, 1997 Revised Student Syllabus, pp. 46, 55.

[265] 1997 Revised Student    Syllabus, pp. 48�49. *See also*    ibid., p. 46; Behavioral Science Curriculum, p. 5 (noting that    generalizations like �all blacks are good athletes� deny African    Americans individual identities).

[266] Lee Testimony, New York    Hearing Transcript, p. 388 (stating that some of the training materials are    �really ludicrous,� because they imply that �there�s something    cultural that you have to figure out about them, that they�re really    different from us.� And arguing that �the message should be . . . that    officers need to just respect people and [not] violate their civil rights. .    . .�).

One technique useful for dealing with confrontational    situations with all members of the public is �verbal judo,� which is    taught to all officers at the Police Academy. Behavioral Science Curriculum.    Verbal judo trains officers to use verbal and nonverbal strategies to    �retain emotional control, temper [their] reckless pride, and generate    compliance,� without allowing situations to escalate. New York City Police    Department, Police Students Training Guide, revised June 1998.

[267] Meyers et al., *Deflecting    Blame*, p. 69.

[268] Savage Testimony, New    York Hearing Transcript, p. 190.

[269] Walcott Testimony, New    York Hearing Transcript, p. 130.

[270] Ibid.

[271] Cortes-Vazquez    Testimony, New York Hearing Transcript, p. 364. In its response to a draft    version of this report, the NYPD counters that it has a course called the    Interactive Language Workshop and provides all new recruits with a book of    Spanish phrases. *NYPD Response*.

[272] Cortes-Vazquez    Testimony, New York Hearing Transcript, p. 368.

[273] Ibid.

[274] Ibid.

[275] Ibid., p. 390.

[276] Ibid. In its response to    a draft version of this report, the NYPD maintains that each Police Academy    instructor has completed a 2-week method of instruction class and is    certified by New York State Division of Criminal Justice Services, Bureau of    Municipal Police. *NYPD Response*.

[277] Cortes-Vazquez    Testimony, New York Hearing Transcript, p. 390.

[278] Ibid.

[279] Ibid., pp. 390�91.

[280] Ibid., pp. 391�92. In    its response to a draft version of this report, the NYPD counters that    veteran officers receive such training. *NYPD Response*. Additionally, �[w]e have trained over 30,000    in-service personnel in Verbal Judo.� Ibid.

[281] Cortes-Vazquez    Testimony, New York Hearing Transcript, pp. 391�92.

[282] Katz Testimony, New York    Hearing Transcript, p. 386. The NYPD responded that �newly promoted    sergeants are given a 27-day program that includes a field training    component. New lieutenants and new captains receive 12 and 20 days of    training, respectively. There is a cultural awareness component in every    single course that we give.� *NYPD    Response*.

[283] Katz Testimony, New York    Hearing Transcript,  p. 386.

[284] It appears that the NYPD    may already be instituting this proposal. Commissioner Safir testified that    Dr. Manning Marable,******director of the African American Studies Institute at Columbia    University, is reviewing the curriculum, as are religious and community    leaders. Safir Testimony, New York Hearing Transcript, pp. 194�95. In its    response to a draft version of this report, the NYPD listed some of its    curriculum advisors. *NYPD Response*.

[285] The Streetwise program    includes several videotapes discussing the importance of respect, trust, and    cultural understanding (including language skills) between officers and    their communities. The videos address the problems of prejudice and    stereotypes, and include interview segments with community members. Margaret    Fung, executive director, Asian American Legal Defense and Education Fund,    considered the inadequate number of bilingual police officers who speak an    Asian language �a major problem.� Fung Testimony, New York Hearing    Transcript, p. 93. There are few bilingual officers who can be called upon    to adequately deal with street encounters    in Asian American neighborhoods. She advocated several solutions. Ibid. For    a further discussion of the Streetwise program, *see**NYPD Response*.

[286] New York City Police    Department, Precinct Level Training Instructor�s Guide, 1998. This    language training pales in comparison with the 89 hours of Spanish training    for all Los Angeles Police Department officers. *See**Racial and Ethnic Tensions in American    Communities; Poverty, Inequality, and Discrimination, Volume V: The Los    Angeles Report*, U.S. Commission on Civil Rights, May 1999, p. 168.

[287] OEEO Orientation Lesson    Cover Sheet, prepared September 1998. The OEEO Orientation is a 2-hour    session. Ibid.

[288] New York City Police    Department, Reinstatement Program, prepared October 1998. All members of    service receive this training pursuant to the June 18, 1998, settlement    agreement with the United States.

[289]*March    1998 Task Force Report*, p. 61.

[290] Safir Testimony, New    York Hearing Transcript, p. 159.

[291] Ibid., pp. 159�60.

[292] Ibid.

[293] Ibid., pp. 158�60.

[294] Ibid.

[295] Ibid., p. 194.

[296] Ibid.

[297] Ibid., pp. 158�60.

[298]*March    1998 Task Force Report*, p. 64.

[299] Ibid.

[300] New York City Police    Department, Cultural Awareness Seminar Instructors� Materials, prepared    June 1995. Like the Police Academy materials, these materials contain    stereotypes of certain groups. Examples of questions to ask to understand    different cultures include, �Why do Asians eat a lot of rice?� and    �Why do older Italian women wear black all the time?� Ibid., p. 5.

[301]*March    1998 Task Force Report*, pp. 64�65.

[302] Fung Testimony, New York    Hearing Transcript, p. 92.

[303] Butts Testimony, New    York Hearing Transcript, p. 98.

[304] Meyers et al., *Deflecting    Blame*, p. 46.

[305] Ibid.

[306] Behavioral Science    Curriculum, pp. 163�88.

[307] U.S.�NYPD Settlement    Agreement, p. 1.

[308] Behavioral Science    Curriculum, p. 165 (emphasis in original).

[309] Ibid., p. 166.

[310] Ibid., pp. 167�68.

[311] Ibid., p. 163.

[312] Ibid., pp. 180�87.

[313] Ibid., pp. 172, 188B.

[314] New York City Police    Department, In-Service Training, Video Cassette �EEO Message, 1996 EEO    Sexual Harassment.�

[315] Ibid.

[316] New York City Police    Department, Management Training: Equal Employment Opportunity.

[317] New York City Police    Department, In-Service Training Lesson Plan, revised 2/99.

[318] New York City Police    Department, In-Service Training, Sexual Harassment Workshop.

[319]Documents    provided to the Commission on Civil Rights did not describe the    training administered to the instructors.

[320] Payne Testimony, New    York Hearing Transcript, p. 437.

[321] Ibid., pp. 437�38.

[322] Ibid.

[323] Butts Testimony, New    York Hearing Transcript, p. 135.

[324] Katz Testimony, New York    Hearing Transcript, pp. 384�85.

[325] Meyers et al., *Deflecting    Blame*, p. 43.

[326] In its response to a    draft version of this report, the NYPD provided a demographic breakdown in    percentages of the Behavioral Science Department. *NYPD    Response*. It further stated that the percentages of women and African    American officers in the Police Academy are higher than in the NYPD as a    whole. Ibid.

[327]*See*    n. 332 of this chapter.

[328] New York City Police    Department, *Recruit Training Manual*,    p. 2.

[329] Ibid., p. 9.

[330] Ibid., p. 14.

[331] Ibid., p. 22.

[332] These procedures are the    result of the landmark cases Terry v. Ohio, 392 U.S. 1 (1968) and People v.    De Bour, 40 N.Y.2d 210, 386, N.Y.S.2d 375, 352 N.E.2d 562 (1976). In *Terry,*the Supreme Court held that the police must have �a reasonable    suspicion� of some wrongdoing before stopping a person. In *De    Bour,*the New York Court of Appeals established a four-tier approach to    guide officers from their initial stop of a person to their arrest. For a    complete discussion of these cases, *see*chap. 5 of this report.

[333] New York City Police    Department, �Practical Tips for New York Law Enforcement,� *Patrol    Guide Manual*,  p. xxi.

[334] Ibid., p. xix (emphasis    added).

[335] New York City Police    Department,*Patrol Guide Manual*,    p. 660.

[336] 113 A.D.2d 666, 497    N.Y.S.2d 16 (N.Y. App. Div. 1986).

[337]*Id.*    at 671.

[338] New York City Police    Department, Legal Bureau, Street Encounters (NYP 017631).

[339] New York City Police    Department, Legal Bureau, Street Encounters (NYP 017632).

[340]*See* New York City Police Department, In-Service Training Section,    �1998 In-Tac Training� Interim Order 1/4/95, p. 30.

[341]*NYPD    Response*.

[342]New    York City Police Department, In-Service Training Section, � Reinstatement    Training� Justification Lesson, p. 2.

[343] Monserrate Testimony,**New York Hearing Transcript, p. 292.

[344] Katz Testimony, New York    Hearing Transcript, p. 384.

[345] Ibid., pp. 384�85.

[346] Ibid., p. 386.

[347] Lee Testimony, New York    Hearing Transcript, p. 350.

[348] Ibid., p. 351.

[349] Ibid.

[350] Ibid., pp. 387�89.

[351] Ibid., p. 352.

[352] Ibid., pp. 352�53.

[353] Ibid., p. 353.

[354]*March    1998 Task Force Report*, p. 53.

[355] Many of these    recommendations are in the process of being or have already been    implemented.

[356]*March    1998 Task Force Report*, p. 55.

[357] Ibid., p. 58.

[358] Ibid., pp. 59�60.

[359] Ibid., pp. 61�65.

[360] Ibid., p. 56.

[361] Indeed, in its response    to a draft version of this report, the NYPD stated that it has made progress    implementing some of these recommendations. *NYPD Response*.