NY Exec L § 75 (2021)
2021 New York Laws EXC - Executive Article 5 - Department of Law 75 - Law Enforcement Misconduct Investigative Office.

§   75.   Law   enforcement   misconduct   investigative   office.  1. Jurisdiction. This section shall, subject to the  limitations  contained in   this   section,   confer   upon   the  law  enforcement  misconduct investigative office jurisdiction over all  covered  agencies.  For  the purposes  of  this  section  "covered  agency"  means  an  agency of any political subdivision within the state maintaining  a  police  force  or police  forces of individuals defined as police officers in section 1.20 of the criminal procedure law, provided however, covered agency does not include  any  agency,  public  authority,  or  other  entity  under  the jurisdiction  of  the state inspector general pursuant to article four-A of  the  executive  law,  the  metropolitan   transportation   authority inspector   general   pursuant  to  section  one  thousand  two  hundred seventy-nine of the  public  authorities  law,  or  the  port  authority inspector general pursuant to chapter one hundred fifty-four of the laws of nineteen twenty-one.   2. Establishment and organization. (a) There is hereby established the law  enforcement  misconduct  investigative  office in the department of law. The head of the office shall be a deputy attorney general who shall be appointed by the attorney general.  (b) Such deputy attorney general may appoint one or more assistants to serve at his or her pleasure.  (c) The salary for the head of such office shall be established within the limit of funds available therefore; provided, however,  such  salary shall be no less than the salaries of certain state officers holding the positions  indicated  in paragraph (a) of subdivision one of section one hundred sixty-nine of this chapter.  (d) The mission of the law enforcement misconduct investigative office shall be to review, study, audit and make  recommendations  relating  to the  operations,  policies,  programs  and  practices, including ongoing partnerships with other law enforcement agencies, of state and local law enforcement agencies with the goal of enhancing the effectiveness of law enforcement, increasing public safety, protecting  civil  liberties  and civil  rights,  ensuring  compliance with constitutional protections and local, state and federal laws, and increasing the public's confidence in law enforcement.   3. Functions and duties. The deputy attorney general  shall  have  the following duties and responsibilities:  (a) receive and investigate complaints from any source, or upon his or her  own initiative, concerning allegations of corruption, fraud, use of excessive force, criminal activity, conflicts of interest  or  abuse  in any covered agency;  (b)  inform  the heads of covered agencies of such allegations and the progress of investigations related thereto, unless special circumstances require confidentiality;  (b-1) promptly inform the division of criminal  justice  services,  in the  form and manner prescribed by the division, of such allegations and the  progress  of  investigations   related   thereto   unless   special circumstances  require  confidentiality. Nothing in this paragraph shall require the division of criminal justice services to participate in  the investigation of such allegations or take action or prevent the division of  criminal  justice services from taking action authorized pursuant to subdivision three of section eight hundred forty-five of this chapter in the time and manner determined by the commissioner of  the  division  of criminal justice services;  (c)  determine  with  respect to such allegations whether disciplinary action, civil or criminal prosecution, or further  investigation  by  an appropriate  federal,  state or local agency is warranted, and to assist  in such investigations, if requested by such federal,  state,  or  local agency;  (d)   prepare   and   release   to   the  public  written  reports  of investigations, as appropriate and  to  the  extent  permitted  by  law, subject  to  redaction  to  protect the confidentiality of witnesses and other information that would be exempt from disclosure under article six of the public officers law. The release  of  all  or  portions  of  such reports  may  be  temporarily deferred to protect the confidentiality of ongoing investigations;  (e) review and examine periodically the  policies  and  procedures  of covered  agencies  with  regard  to  the  prevention  and  detection  of corruption, fraud, use of excessive force, criminal activity,  conflicts of interest and abuse;  (f)  recommend  remedial  action  to  prevent or eliminate corruption, fraud, use of excessive force, criminal activity, conflicts of  interest and abuse in covered agencies; and  (g)  investigate  patterns,  practices,  systemic  issues,  or  trends identified by analyzing actions, claims, complaints, and investigations, including,  but  not  limited  to,  any  patterns  or  trends  regarding departments, precincts, and commands; and  (h)  on an annual basis, submit to the governor, the attorney general, the temporary president of the senate, the speaker of the assembly,  the minority  leader  of the senate and the minority leader of the assembly, no later than December thirty-first, a report summarizing the activities of the office and recommending specific changes to state law to  further the mission of the law enforcement misconduct investigative office.   4. Powers. The deputy attorney general shall have the power to:  (a) subpoena and enforce the attendance of witnesses;  (b) administer oaths or affirmations and examine witnesses under oath;  (c)  require the production of any books and papers deemed relevant or material to any investigation, examination or review;  (d) notwithstanding any law to  the  contrary,  examine  and  copy  or remove  documents or records of any kind prepared, maintained or held by any covered agency;  (e) require any officer or employee in  a  covered  agency  to  answer questions concerning any matter related to the performance of his or her official duties. No statement or other evidence derived therefrom may be used  against  such  officer  or  employee  in  any  subsequent criminal prosecution other  than  for  perjury  or  contempt  arising  from  such testimony.  The  refusal  of any officer or employee to answer questions shall  be  cause  for  removal  from  office  or  employment  or   other appropriate penalty;  (f)   monitor   the   implementation   by   covered  agencies  of  any recommendations made by the  law  enforcement  misconduct  investigative office; and  (g)  perform  any other functions that are necessary or appropriate to fulfill the duties and responsibilities of office.   5. Responsibilities of covered agencies, officers and  employees.  (a) Every  officer  or employee in a covered agency shall report promptly to the law enforcement  misconduct  investigative  office  any  information concerning corruption, fraud, use of excessive force, criminal activity, conflicts  of  interest or abuse by another officer or employee relating to his or her office or employment,  or  by  a  person  having  business dealings  with  a covered agency relating to those dealings. The knowing failure of any officer or employee to  so  report  shall  be  cause  for removal  from  office  or  employment  or other appropriate penalty. Any officer or employee who acts pursuant to this subdivision  by  reporting  to  the  law  enforcement  misconduct  investigative office shall not be subject to dismissal, discipline or other adverse personnel action.  (b)  Upon  receiving  at  least  five  complaints  from  five  or more individuals relating to at least five  separate  incidents  involving  a certain  officer  or  employee within two years, the head of any covered agency shall refer such complaints to  the  law  enforcement  misconduct investigative   office   for  review.  The  law  enforcement  misconduct investigative office shall  investigate  such  complaints  to  determine whether  the  subject  officer  or  employee has engaged in a pattern or practice of misconduct, use of excessive force, or acts  of  dishonesty. The  referral and investigation pursuant to this subdivision shall be in addition to and shall not supersede any civil, criminal,  administrative or other action or proceeding relating to such complaints or the subject officer or employee.  (c)  The  head  of  any  covered agency shall advise the governor, the temporary president of the senate, the  speaker  of  the  assembly,  the minority  leader  of the senate, the minority leader of the assembly and the division of criminal justice services  within  ninety  days  of  the issuance  of  a  report  by the law enforcement misconduct investigative office as to the remedial action that the agency has taken  in  response to any recommendation for such action contained in such report.  (d) Nothing in this section shall be construed to impede, infringe, or diminish the rights, privileges, benefits or remedies that accrue to any employee  pursuant  to  any  agreement  entered into pursuant to article fourteen of the civil service law.