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Fifteenth Annual Report of the Commission

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Fifteenth Annual Report of the Commission The City of New York Commission to Combat Police Corruption Fifteenth Annual Report of the Commission September 2013 Commissioners Michael F. Armstrong, Chair Vernon S. Broderick Kathy Hirata Chin Deborah E. Landis James D. Zirin Executive Director Marnie L. Blit Deputy Executive Director Maria C. Sciortino PREFACE This is the last Annual Report that the Commission will render to the current administration. We express our thanks to Mayor Michael Bloomberg, Police Commissioner Raymond Kelly, and Internal Affairs Bureau Chief Charles Campisi, for their continuous support of our efforts to assist in the process of combatting corruption in the NYPD. We are convinced that the Commission plays an important institutional role in monitoring and augmenting the Department’s anti-corruption program by providing independent but not hostile oversight. Our task has been greatly facilitated because we have been fortunate to work with a Police Commissioner who does not tolerate corruption and with a Mayor who committed himself to back our independent judgments regarding what we choose to examine, and who saw to it that we have the resources we need to perform our responsibilities. We have also benefited greatly from working with an Internal Affairs Bureau directed and staffed by dedicated and skilled individuals willing to let the chips fall where they may in the unpleasant task of policing fellow officers. While a certain amount of corruption is inevitable in any major police force, the vast majority of NYPD officers we have encountered are honest and proud to be so. It appears that the Mollen Commission’s observation, in 1994, that widespread organized corruption, tolerated by the police hierarchy, was a thing of the past, still holds true. Those police officers that do stray are subject to smoothly running and effective machinery to prosecute and punish them. By far and large the system is working. TABLE OF CONTENTS OVERVIEW ........................................................................................................................................................... 1 MONITORING IAB INVESTIGATIONS ........................................................................................................... 3 A. Pending IAB Investigations ..................................................................................................................................................... 4 B. Closed IAB Investigations ........................................................................................................................................................ 5 1. Issues Regarding Worksheet Summaries of Recorded Interviews ................................................................... 7 2. Issues Relating to Civilian Interviews ........................................................................................................................ 11 3. Issues Relating to Strategy and Supervisor Input ................................................................................................. 17 4. Issues Relating to Documentation ............................................................................................................................... 19 5. Issues Relating to Dispositions ...................................................................................................................................... 19 6. Conclusion .............................................................................................................................................................................. 22 REVIEW OF IAB TRAINING ........................................................................................................................... 24 REVIEW OF CLOSED DISCIPLINARY CASES ............................................................................................. 26 A. General Cases ............................................................................................................................................................................. 28 B. Serious Off-Duty Misconduct .............................................................................................................................................. 40 1. Alcohol-Related Off-Duty Misconduct ........................................................................................................................ 41 2. Firearm-Related Off-Duty Misconduct ....................................................................................................................... 45 a. Fitness-for-Duty Findings ............................................................................................................................................................... 46 b. Penalties ................................................................................................................................................................................................. 46 i. Commission Agreed Although Penalty Did Not Include Dismissal Probation ................................................... 47 ii. Commission Disagreed with Imposed Penalty ................................................................................................................ 48 c. Conclusion ............................................................................................................................................................................................. 50 3. Domestic Incidents ............................................................................................................................................................. 51 C. False Statement Cases ............................................................................................................................................................ 59 1. Charges Involving Official False Statements ............................................................................................................ 61 2. Charges Involving False Statements Other Than “Official” False Statements ........................................... 69 3. Uncharged False Statements .......................................................................................................................................... 73 4. Conclusion .............................................................................................................................................................................. 74 D. Other Categories of Disciplinary Cases ........................................................................................................................... 75 1. Downgrading Criminal Statistics Cases ..................................................................................................................... 75 2. Ticket-Fixing Cases ............................................................................................................................................................. 76 ONGOING WORK OF THE COMMISSION ................................................................................................... 78 A. Staffing ........................................................................................................................................................................................... 78 B. Steering Committee Meetings .............................................................................................................................................. 78 C. Intensive Steering Committee Review ............................................................................................................................. 79 D. IAB Briefings To The Police Commissioner ................................................................................................................... 79 E. Meetings With District Attorneys’ Offices And United States Attorneys’ Offices ......................................... 80 F. Other Matters .............................................................................................................................................................................. 81 G. Interim And Operation Orders ............................................................................................................................................ 81 H. Corruption And Misconduct Comparison Reports ..................................................................................................... 81 I. Complaint Logs ........................................................................................................................................................................... 82 COMMISSIONER BIOGRAPHIES .................................................................................................................. 83 APPENDIX .......................................................................................................................................................... 85 OVERVIEW The Commission to Combat Police Corruption (the Commission) was established by Executive Order No. 18 in 1995 (the Executive Order).1 The Executive Order mandated that the Commission monitor the efforts of the New York City Police Department (NYPD or the Department) to gather information, investigate allegations, and implement policies designed to deter corruption. It also gave the Commission the responsibility to maintain liaisons with the community and authorized the Commission to accept complaints or information regarding corruption, which the Commission would then forward to the
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