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What is NYC RCNY § 1-52?

Quick Answer

(a) General. The Law Enforcement Bureau, complainant, respondent and any other necessary parties may, at any time after the filing of a complaint, agree to a conciliated resolution of a case.

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Effective: 9/5/2019

§ 1-52 Conciliation.

RCNY § 1-52

(a)General. The Law Enforcement Bureau, complainant, respondent and any other necessary parties may, at any time after the filing of a complaint, agree to a conciliated resolution of a case.

(b)Mediation. The Law Enforcement Bureau may, in its discretion, refer a case to the Office of Mediation and Conflict Resolution for mediation of a conciliation agreement as provided in Subchapter H of this chapter.

(c)Conciliation agreements.

1.Form and content. Every conciliation agreement must contain an acknowledgement of the execution of the agreement by the Law Enforcement Bureau and each complainant, respondent, and other necessary party who is party to the agreement. The provisions of the conciliation agreement may be such as are agreed to by the parties to the agreement.

2.Entry of order by Commission. When a conciliation agreement has been fully executed, the Law Enforcement Bureau must promptly forward such agreement to the Chair. The signature of the Chair on a conciliation agreement with the notation "SO ORDERED" will be construed to be an order of the Commission pursuant to § 8-115(d) of the Code, directing the parties to such agreement to perform each and every obligation under such conciliation agreement in the time and manner set forth in the agreement. The Chair must deliver the order of the Commission to the Law Enforcement Bureau for service on the parties to the agreement.

3.Effective date. A conciliation agreement is binding at the time that it is so-ordered by the Chair, after it has been executed by the parties to the agreement.

(d)Legal effect of conciliation. Where a complaint is withdrawn pursuant to a conciliation agreement, the legal effect of such withdrawal is governed by 47 RCNY § 1-21(a). (Added City Record 8/6/2019, eff. 9/5/2019)

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