§ 1-23 Obtaining Documentary and Other Evidence.
RCNY § 1-23
(a)Board investigators may make written or oral requests for information or documents.
(b)Board investigators or, as provided in 38-A RCNY § 1-32(b), a panel established pursuant to 38-A RCNY § 1-31, may interview the Complainant, Alleged Victim, the subject officer, and/or witnesses.
(c)Board investigators may make field visits for purposes such as examining the site of alleged misconduct and interviewing witnesses.
(d)Upon a majority vote of the members of the Full Board, subpoenas ad testificandum and duces tecum may be issued and served. Such subpoenas are enforceable pursuant to relevant provisions of Article 23 of the New York Civil Practice Law and Rules. Pursuant to New York City Charter Chapter 18-A Section 440(c)(3), the Board may, subject to Chapter 17 of the New York City Charter, institute subpoena enforcement proceedings or request that the Corporation Counsel institute subpoena enforcement proceedings. The Board may delegate its subpoena authority and its authority to institute subpoena enforcement proceedings to the Civilian Complaint Review Board's Executive Director, subject to any conditions deemed appropriate by the Board. The authority delegated to the Executive Director to issue and enforce subpoenas may be revoked by the Board.
(e)The Board may obtain records and other materials from the Police Department which are necessary for investigations undertaken by the Board, except such records and materials that cannot be disclosed by law. In the event that requests for records or other evidence are not complied with, investigators may request that the Board issue a subpoena duces tecum or a subpoena ad testificandum. (Amended City Record 1/2/2018, eff. 2/1/2018; amended City Record 2/24/2021, eff. 3/26/2021)
