The Civil Rights Implications of "Broken Windows" Policing in NYC and General NYPD Accountability to the Public A Briefing Report of the New York Advisory Committee to the U.S. Commission on Civil Rights March 2018 Advisory Committees to the U.S. Commission on Civil Rights By law, the U.S. Commission on Civil Rights has established an advisory Committee in each of the 50 states and the District of Columbia. These Committees are composed of state/district citizens who serve without compensation; they are tasked with advising the Commission of civil rights issues in their states/district that are within the Commission’s jurisdiction. Committees are authorized to advise the Commission in writing of any knowledge or information they have of any alleged deprivation of voting rights and alleged discrimination based on race, color, religion, sex, age, disability, national origin, or in the administration of justice; advise the Commission on matters of their state or district’s concern in the preparation of Commission reports to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public officials, and representatives of public and private organizations to Committee inquiries; forward advice and recommendations to the Commission, as requested; and observe any open hearing or conference conducted by the Commission in their states/district. Acknowledgements The New York Advisory Committee thanks all of the participants in the March 20 and 21, 2017 briefings for sharing their expertise. The Committee also thanks the senior leadership of the NYPD for taking the time to share their expertise with us on the several days of interviews we conducted with them. The Committee greatly appreciates the many contributions of the Committee’s members who helped set the agenda, identify and interview the participants, run the briefings and produce this report. The Staff of the Eastern Regional Office extends special thanks to the invaluable support and work on this project of Christine Trent-Parker, Evan Maass, Bonnie Macfarlane, Christopher Stewart, Soshana Brown and Briana Banks, as well as the contributions of Natalie Lum-Tai, Karoline Koenig, Michael Mayer, Hannah Waldman, Carine Williams, Cason Kynes, Kyra Kaufman, Andrew Thompson, Rebecca Kadosh, and Nicholas Bitner. Lastly, the Committee thanks Barbara de La Viez and David Barreras, the designated federal officers, and Ivy L. Davis, Director of the Eastern Regional Office, for the administrative and programmatic support that they have provided. Letter of Transmittal New York Advisory Committee to the U.S. Commission on Civil Rights The New York Advisory Committee (Committee) submits this report, “The Civil Rights Implications of “Broken Windows” Policing in NYC and General NYPD Accountability to the Public,” as part of its responsibility to advise the Commission on Civil Rights issues within New York State. Beginning in Fall 2016, the Committee set out to review the effects of New York Police Department (the “NYPD”) low level offense enforcement practices on individuals of color, with a particular emphasis on youth, as well as the accountability structures and oversight mechanisms governing the NYPD. The Committee held two days of public briefings on these issues in New York City on March 20 and March 21, 2017. Testimony was provided to the Committee by 27 persons on 11 panels. The presenters were academics, government officials and advocates with particular expertise on the matters covered by this report. The Committee also held interviews with senior leadership of the NYPD on February 13, February 15 and December 19, 2017 to garner the NYPD’s perspective. This report summarizes important information from the presenters’ testimony, written submissions, publicly available information, and interviews with senior leadership of the NYPD. The report provides recommendations based on the information received. The Advisory Committee trusts the Commission and the public will find the material in this report informative. New York Advisory Committee to the U.S. Commission on Civil Rights Alexandra Korry, Chair, New York Roy Cosme, New York Iris Chen, New York Bryanne Hamill, New York Sandra Dunn, Port Washington Gertrud Lenzer, Brooklyn Julian Ku, Hempstead Johnny Perez, New York Vivian Louie, New York Kevin Thomas, Levittown Steven Raga, Queens Tom Wahl, Jr., Rochester Alex Vitale, Brooklyn Peter Wood, New York Earl Ward, New York Table of Contents Preface .................................................................................................................................. i Executive Summary ..................................................................................................................... iii Chapter 1: “Broken Windows” Policing .................................................................................1 A. Consequences of Low-level Enforcement ...............................................................5 B. Impact on Communities of Color ..........................................................................11 C. NYPD Policing Tactics and Their Reforms...........................................................15 1. Legislative Reforms: The Criminal Justice Reform Act and The Right to Know Act .....................................................................................25 2. Neighborhood Policing ..............................................................................32 3. Precision Policing ......................................................................................36 4. Marijuana Enforcement .............................................................................46 5. Improved Training .....................................................................................48 D. Recommendations ..................................................................................................53 Chapter 2: “Broken Windows” Policing in Schools .............................................................56 A. The MOU and Authority of SSOs .........................................................................59 B. The Impact of Criminalizing School Behaviors ....................................................62 C. The Impact on Students of Color ...........................................................................69 D. Accountability of Officers in Schools ....................................................................72 E. Recommendations ..................................................................................................74 Chapter 3: Police Accountability ...........................................................................................76 A. NYPD Data and General Transparency .................................................................77 B. Disciplinary Transparency/New York Civil Rights Law 50-A .............................84 C. Shielding Officers from Personal Liability for Misconduct ..................................87 D. Criminal Cases Against Officers ...........................................................................90 E. Civil Lawsuits Against Officers.............................................................................95 F. NYPD Policies and Internal Supervision and Feedback........................................97 G. CCRB as an External Oversight Mechanism .......................................................104 H. Body-Worn Camera Policy ..................................................................................114 I. Recommendations ................................................................................................125 Preface On March 20 and 21, 2017, the New York State Advisory Committee to the United States Commission on Civil Rights (the “Committee”) held a briefing (the “Briefing”) on “broken windows” policing in New York City (“NYC” or the “City”), as well as the accountability structures and oversight mechanisms governing the New York City Police Department (the “NYPD”). The Committee focused its inquiry on whether low-level NYPD enforcement disproportionately affects communities of color in NYC, and particularly the youth in those communities. At the same time, the Committee invited comment on the accountability structures and mechanisms of the NYPD and how they affect both police officer behavior and the public’s perception of the NYPD. The Committee invited academics, advocates and government officials to participate in and testify at the Briefing.1 The presenters who chose to testify included representatives from various agencies and institutions in NYC and the State of New York, as well as community advocates, lawyers and scholars. At the Briefing, the presenters discussed (a) the history, use and effects of “broken windows” policing in NYC, (b) the presence and effect of police officers and school safety officers in NYC schools, and (c) the current framework of police accountability structures, and their efficacy in holding NYPD wrongdoers accountable for their actions and promoting trust within NYC communities. The presenters also proposed recommendations to address some of the issues that currently affect the relationship between the NYPD and the greater NYC community – especially the relationship between the NYPD and communities of color. In addition to the Briefing, on February 13 and 15, 2017, the NYPD provided the Committee with unprecedented access to many of its senior leadership for interview sessions, and on December 19, 2017 held a follow-up meeting with the Committee.