Res. No. 1782
Resolution calling on the State Legislature to pass, and the Governor to sign, A7284/S6489, known as the Wandering Officers Act, to prohibit the appointment of a person as a police officer if such person has previously been fired as a police officer from any jurisdiction.
By Council Members Adams, Louis, Cumbo, Cabán, Rosenthal, Brooks-Powers, Kallos and Rose
Whereas, A 2020 article published in the Yale Law Journal by Ben Grunwald and John Rappaport entitled “The Wandering Officer,” details how law enforcement officers fired by one department, sometimes for serious misconduct, often find work at another law enforcement agency; and
Whereas, Grunwald and Rappaport conducted a systemic investigation of wandering officers and found such individuals were more likely than other officers to be fired from their next job or to receive a complaint for a “moral character violation;” and
Whereas, Grunwald and Rappaport suggest that wandering officers pose serious risks to the public, particularly given how unusual it is for a police officer to be fired for misconduct; and
Whereas, As an example of the prevalence of this issue, Grunwald and Rappaport found as many as 3 percent of the personnel employed by Florida law enforcement agencies are wandering officers; and
Whereas, New York Attorney General Letitia James has recommended the creation of a decertification process for police officers in New York who have been found guilty of misconduct to ensure such individuals cannot be rehired by another law enforcement agency in the state; and
Whereas, According to the New York Times, police killings in the United States have been undercounted by more than half over the past four decades, further underscoring the need to enhance police accountability; and
Whereas, On May 3, 2020, Assemblymember Ramos and then-Senator Brian Benjamin introduced A7284/S6489, known as the Wandering Officer Act, to prohibit appointing a person as a police officer if such person has previously been fired as a police officer from any jurisdiction within or outside of the state; and
Whereas, A7284/S6489, the Wandering Officer Act, would also ban the hiring of a police officer who resigned while being the subject of a disciplinary action that could result in termination; and
Whereas, New Jersey, Connecticut and Pennsylvania have already approved similar measures to prohibit the hiring of wandering officers; and
Whereas, According to Patrick Lynch, President of the Police Benevolent Association of the City of New York, “NYPD officers aren't interested in serving alongside a cop whose conduct got him fired someplace else," reflecting the across the board concern for the need to protect the public from police misconduct; and
Whereas, Officers who have engaged in misconduct so significant as to be fired pose a threat to public safety and this legislation would reinforce disciplinary actions for police by preventing these officers from entering new jurisdictions and continuing to threaten the safety of our communities; now, therefore, be it
Resolved, That the Council of the City of New York calls on the State Legislature to pass, and the Governor to sign, A7284/S6489, known as the Wandering Officers Act, to prohibit the appointment of a person as a police officer if such person has previously been fired as a police officer from any jurisdiction.
LS #18059
11/01/2021
AH