New York City Council Header
File #: Int 2111-2020    Version: Name: Requiring the law dept to report additional information about civil actions against the police dept.
Type: Introduction Status: Committee
Committee: Committee on Public Safety
On agenda: 10/15/2020
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the law department to report additional information about civil actions against the police department
Sponsors: Laurie A. Cumbo, Ben Kallos, Margaret S. Chin, Helen K. Rosenthal
Council Member Sponsors: 4
Summary: This bill would require the Law Department to report additional information about resolutions in civil cases filed against the New York City Police Department (NYPD). The Law Department would report the number of hours spent defending NYPD, whether it filed a motion to dismiss or motion for summary judgment, whether it raised qualified immunity, and whether NYPD disciplined any police officer in connection with the conduct at issue.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 2111-A, 2. Summary of Int. No. 2111, 3. Int. No. 2111, 4. October 15, 2020 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 10-15-20, 6. Minutes of the Stated Meeting - October 15, 2020, 7. Proposed Int. No. 2111-A - 4/5/21

Proposed Int. No. 2111-A

 

By Council Members Cumbo, Kallos, Chin and Rosenthal

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the law department to report additional information about civil actions against the police department

 

Be it enacted by the Council as follows:

 

Section 1. Section 7-114 of the administrative code of the city of New York, as added by local law number 166 for the year 2017, is amended to read as follows:

§ 7-114 Civil actions regarding the police department. a. [No later than January 31, 2018] No later than January 31, 2021 and no later than each July 31 and January 31 thereafter, the law department shall post on its website[, and provide notice of such posting to the individual responsible for implementing the duties set forth in paragraph one of subdivision c of section 803 of the charter, the comptroller, the police department, the civilian complaint review board, and the commission to combat police corruption] the following information regarding civil actions filed in state or federal court against the police department or individual police officers, or both, resulting from allegations of improper police conduct, including, but not limited to, claims involving the use of force, assault and battery, malicious prosecution, or false arrest or imprisonment:     

1. [a] A list of civil actions filed against the police department or individual police officers, or both, during the five-year period preceding each January 1 or July 1 immediately preceding each report;

2. [for] For each such action: (i) the court in which the action was filed; (ii) the name of the law firm representing the plaintiff; (iii) the name of the law firm or agency representing each defendant; (iv) the date the action was filed; and (v) whether the plaintiff alleged improper police conduct, including, but not limited to, claims involving use of force, assault and battery, malicious prosecution, or false arrest or imprisonment; and

3. [if] If an action has been resolved: (i) the date on which it was resolved; (ii) the manner in which it was resolved; [and] (iii) whether the resolution included a payment to the plaintiff by the city and, if so, the amount of such payment[.]; (iv) the number of attorney hours spent on the action for each defendant; (v) whether representation for a defendant or defendants filed a motion to dismiss or motion for summary judgment and, if so, the court’s ruling; (vi) whether representation for a defendant or defendants asserted qualified immunity and, if so, the court’s ruling; and (vii) whether the police department disciplined any police officer in connection with any conduct, other than a technical infraction within the meaning of section 86 of the freedom of information law, at issue in the action, and, if so, the disciplinary action taken. 

                     b. The law department shall provide notice of the posting required under subdivision a to the individual responsible for implementing the duties set forth in paragraph 1 of subdivision c of section 803 of the charter, the comptroller, the police department, the civilian complaint review board, the commission to combat police corruption and the speaker of the council.

§ 2. This local law takes effect immediately. 

 

 

 

 

 

 

SG/cjm

LS #15453, 16242

02/18/2021