Int. No. 1863
By Council Members Adams, Lander, Ampry-Samuel and Rosenthal (by request of the Queens Borough President)
A Local Law in relation to requiring the police department to develop and implement a pilot mediation program for some bias-based profiling complaints
Be it enacted by the Council as follows:
Section 1. a. The New York city police department shall establish a pilot mediation program for the resolution of complaints of bias-based profiling reported to such department, as defined in section 14-151 of the administrative code of the city of New York. Such pilot program shall operate for at least 36 months, during which time such department shall offer the option of mediation as a means of resolving such a complaint to the individual filing such complaint and to the law enforcement officer or officers against whom such action is brought. Such department shall develop criteria for referring mediation cases for uniformed and non-uniformed members of service, provided that cases involving the following situations shall not be subject to mediation:
1. force was used;
2. a complainant was arrested;
3. an officer was assaulted;
4. a lawsuit was filed;
5. a person was injured; or
6. allegations of criminal misconduct.
b. No later than three months after the completion of the pilot program established pursuant to subdivision a of this local law, the police department shall submit a report to the council and the mayor regarding such program. Such report shall include, but not be limited to, information on the number of cases that were selected for mediation, the number of cases that ended successfully with mediation, the police department’s assessment of the use of mediation as a resolution of complaints and a recommendation of whether the police department will continue the use of mediation as a resolution of complaints.
c. Nothing in this section shall be construed to prevent the police department from utilizing mediation as a means of resolving a bias-based profiling complaint in any context other than those required by this local law.
§ 2. This local law takes effect 120 days after it becomes law and is deemed repealed upon the issuance of the report required by subsection b of this local law.
HKA
LS #11555
12/19/19