The NYPD has long been recognized as one of the most well-trained and professional law enforcement agencies in the nation. Recently, mayoral candidate Zohran Mamdani proposed transferring the authority to impose discipline within the department from the police commissioner to the Civilian Complaint Review Board (CCRB).
Such a shift would not only undermine the authority and leadership of the police commissioner but is also not backed by factual evidence. Those advocating for the defunding or abolition of policing argue that the department is rife with officers who frequently infringe on individuals’ rights without consequences. However, this assumption is far from accurate.
Consider the facts. Within the first six months of this year, NYPD officers responded to nearly 3.5 million service calls, made 143,487 arrests, and recovered 24,219 weapons. Force was utilized in 6,317 of these situations, which represents less than 4% of all arrests. During the same time frame and amidst these numerous interactions between police and the public, the CCRB registered 2,778 complaints against officers. Historically, most of these complaints were categorized as “abuse of authority,” which includes actions such as not providing a business card to an individual.
What constitutes the CCRB, and what experience do they furnish in evaluating officers’ actions in these complaints? According to the City Charter, the CCRB is managed by a 15-member board. Five members are appointed by the mayor, five by the City Council, three by the police commissioner, and one by the public advocate.
The chair of the board is jointly appointed by the mayor and the speaker of the City Council. No board member, except those appointed by the police commissioner, may possess a law enforcement background. In essence, the board consists of political appointees, a supermajority without any experience in local policing.
Complaints against doctors are reviewed by a board of their peers, attorneys by other attorneys, and so forth for various professions. How is it that the final arbiters on police officers’ actions could be individuals lacking policing experience? Police officers must often make swift decisions in complex legal areas where even the most knowledgeable jurists of the state Supreme Court and state Court of Appeals may not reach unanimous consensus.
Do police officers make mistakes? Is there always room for improvement? Absolutely. But every mistake isn’t misconduct that requires punishment. Currently, the police commissioner agrees with the disciplinary recommendations of the CCRB in 77% of cases. When she differs, she is required to explain why, in writing, to the board.
This new push to strip the commissioner’s power stems from a recent case in which she overruled the CCRB’s determination. What was glossed over in that reporting was the independent investigation conducted by actual experts in the state attorney general’s office that concluded the officer was justified, as did the CCRB’s own investigators.
The board of political appointees overruled their investigators and sought the officer’s termination six years after the incident, with no new evidence and no explanation. In declining to accept their recommendation, Commissioner Jessica Tisch, herself an attorney, submitted a lengthy letter explaining her decision based on the facts and on the law.
Sadly, the CCRB operates more like an activist organization than an impartial arbiter of police conduct. Rather than pursuing justice, truth and improved policing, they lean into harsh punishment for the most minor transgressions, often years after the incident occurred.
All complaints are made public, even when the officer has been found to have acted appropriately or that the entire complaint was fabricated and never happened. The complaints are never expunged even when the officers dispute the CCRB’s determination and opt for an administrative trial, prosecuted by the CCRB. Even when the officer is found not guilty. Officers know that these complaints follow them throughout their careers and well into retirement.
For the past five years, the NYPD has been hemorrhaging officers, lately at the rate of 300 per month. This policy will only exacerbate the exodus. The power to discipline officers must remain with the commissioner.
The NYPD disciplinary process must be fair to all New Yorkers — including its Finest. They deserve nothing less.
Corey retired from the NYPD in 2022 as chief of department following a 34-year career. He currently works with police departments nationally and internationally to improve policing.
