§ 1-37 Board Notifications and Final Determinations Pursuant to Chapter 18-A, Section 441 of the NYC Charter.
RCNY § 1-37
(a)Within 10 days after the Board initiates an investigation into a member of the Police Department's past professional conduct, the Board shall provide written notice to the member being investigated and to the relevant covered entity.
(b)Within 10 days after the completion of an investigation into past professional conduct, the Board shall provide a written statement of final determination to the member being investigated. Such statement shall include (i) the investigation's details, when it was initiated and concluded, the identity of its subject and a summary of the materials reviewed by the Board during the investigation; (ii) the Board's investigative findings, including the identification of any threat to the safety of an individual or the public and whether the Board found evidence of any additional past acts of bias committed in the course of performance of official duties; (iii) if applicable, any recommendations of the Board for remedial action, including, but not limited to, training, discipline, where consistent with section 75 of the civil service law, or both; and (iv) if applicable, a statement that the Board has determined to terminate the investigation and an explanation why.
(c)The member of the Police Department being investigated shall have 30 days from receipt of the Board's written statement of final determination to answer in writing any of the findings or recommendations contained therein. If such member timely submits such an answer, the Board shall consider it and determine whether to revise any such findings or recommendations in response.
(d)Within 10 days after (i) receiving the member of the Police Department's written answer or, if no answer is provided, (ii) the expiration of the 30-day deadline for the member to submit a written answer, the Board shall submit its written statement of final determination to the Police Commissioner, any other parties to whom notice was sent pursuant to paragraph (a), and any other appropriate agency or official as determined by the Board. (Added City Record 9/22/2022, eff. 10/22/2022)
