New York S 5084: Relates to establishing a process for neutral arbitrators to review certain disciplinary decisions and penalties imposed on members of the New York city police department

Bill Text

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S05084 Summary:

BILL NOS05084 

&nbsp

SAME ASSAME AS A10661

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §440, NYC Chart

&nbsp

Establishes a process for neutral arbitrators to review certain disciplinary decisions and penalties imposed on members of the New York city police department.

Go to top S05084 Actions:

BILL NOS05084 

&nbsp

02/18/2025REFERRED TO CITIES 1

04/29/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO CITIES 1

05/07/2026REPORTED AND COMMITTED TO FINANCE

Go to topS05084 Committee&nbspVotes:

Go to topS05084 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05084 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5084

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Cities 1

 AN ACT to amend the New York city charter, in relation to establishing a
 process for neutral arbitrators to review certain disciplinary deci-
 sions and penalties imposed on members of the New York city police
 department

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph 3 of subdivision (d) of section 440 of the New
 2 York city charter, as amended by section 4 of question 2 of local law
 3 number 215 of the city of New York for the year 2019, is amended to read
 4 as follows:
 5 3. The police commissioner shall report to the board in writing on any
 6 action taken, including the level of discipline and any penalty imposed,
 7 in all cases in which the board submitted a finding or recommendation to
 8 the police commissioner with respect to a matter within its jurisdiction
 9 pursuant to this section. In any case substantiated by the board in
 10 which the police commissioner intends to impose or has imposed a differ-
 11 ent penalty or level of discipline than that recommended by the board or
 12 by the deputy commissioner responsible for making disciplinary recommen-
 13 dations, the police commissioner shall provide such written report, with
 14 notice to the subject officer, no later than 45 days after the imposi-
 15 tion of such discipline or in such shorter time frame as may be required
 16 pursuant to an agreement between the police commissioner and the board.
 17 Such report shall include a detailed explanation of the reasons for
 18 deviating from the board's recommendation or the recommendation of the
 19 deputy commissioner responsible for making disciplinary recommendations
 20 [and, in]. In cases in which the police commissioner intends to impose
 21 [or has imposed] a penalty or level of discipline that is lower than
 22 that recommended by the board or such deputy commissioner, the police
 23 commissioner shall also include an explanation of how [the final] such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09738-01-5

 S. 5084 2

 1 disciplinary outcome was determined, including each factor the police
 2 commissioner considered in making [his or her decision] their determi-
 3 nation, and such disciplinary matter shall then be immediately referred
 4 to a neutral arbitrator assigned from a panel of five neutral arbitra-
 5 tors appointed by the public advocate for a hearing and decision. The
 6 arbitrator's decision shall be final but disciplinary arbitrators shall
 7 confine themselves to determinations of guilt or innocence and the
 8 appropriateness of the proposed penalties, and may not exceed the penal-
 9 ty recommended by the board.
 10 § 2. This act shall take effect on the one hundred twentieth day after
 11 it shall have become a law.

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