§ 15-12 Prosecution of Charges and Specifications.
RCNY § 15-12
(a)Upon substantiation by the Civilian Complaint Review Board (CCRB) of one or more FADO allegations contained in a civilian complaint against a uniformed member of the NYPD, CCRB shall notify the Police Commissioner of the substantiation and CCRB's disciplinary recommendation. Subject to the provisions of subdivision (b) of this section, civilian complaints found to be substantiated by the CCRB in which CCRB has recommended that Charges and Specifications be preferred shall be prosecuted by the CCRB pursuant to a Memorandum of Understanding (MOU) executed on April 2, 2012 by the CCRB and the Department during the period that such MOU is applicable.
(b)In those limited circumstances where the Commissioner determines that CCRB's prosecution of Charges and Specifications in a substantiated case would be detrimental to the Department's disciplinary process, the Commissioner shall notify CCRB of this determination. These instances shall be limited to cases in which 1) there are parallel or related criminal investigations, or 2) when, in the case of an officer with no disciplinary history or prior substantiated CCRB complaints, and based on such officer's record and disciplinary history, the interests of justice would not be served. Any request by the Commissioner for the CCRB to refrain from prosecution of Charges and Specifications in accordance with this section shall be made in writing to the CCRB, include a detailed explanation for such request and a statement detailing what discipline if any the Police Commissioner would pursue on such uniformed officer. The CCRB may reject such request to refrain from prosecution within five business days of receipt of such request. Such rejection shall be made in writing and include a statement rebutting the Commissioner's explanation for his or her request. The Commissioner may deny such rejection within five business days of receipt of such rejection. Such denial shall be made in writing to CCRB and include a detailed response to CCRB's rebuttal. Upon receipt of such denial the CCRB shall refrain from further prosecution of the case.
