On Sept. 25, LDF submitted testimony to the New York City Council Committee on Public Safety regarding the Civilian Control Review Board’s (CCRB) Racial Profiling and Bias-Based Policing Investigations Unit and the failures of the NYPD’s discipline and accountability systems.
For decades, the NYPD has engaged in widespread racial profiling of Black and Latino residents, leading a federal court to find that the department “implement[ed] . . . policies regarding stop and frisk in a manner that intentionally discriminate[d] based on race.” These constitutional violations led to the appointment of an independent federal court monitor in 2013 focused on the City’s compliance with reforming the NYPD’s use of stop and frisk and trespass enforcement practices.
Recent reviews by the Monitor found that NYPD officers consistently failed to document their stops, and NYPD supervisors failed to discipline officers for not documenting stops and/or conducting unlawful stops. Between 2017 and 2019, only 10% of officers were penalized with “penalty days” for complaints of unlawful stops, frisks, or searches substantiated by the CCRB. 48% of officers with substantiated CCRB claims were referred to instructions or training, and the remaining 36% of substantiated cases were disposed of without penalty. Officers who repeatedly made unlawful stops, frisks, or searches continued to receive the same training after each violation. Supervisors who failed to monitor or compel their officers to comply with legal requirements faced “close to non-existent discipline.”
Though the CCRB lacks ultimate authority to impose discipline on NYPD officers, it plays a critical role in holding the NYPD accountable for officer misconduct by investigating complaints within its jurisdiction—including complaints for racial profiling and biased-based policing—and recommending discipline for substantiated misconduct. To fulfill its function, CCRB must have sufficient resources and direct, unfettered access to all relevant data and information for its investigations. Otherwise, New Yorkers subject to unlawful NYPD conduct, who are disproportionately Black and Brown, will be left without recourse.
The City Council, as the primary oversight body of the NYPD, must act to end these miscarriages of justice. LDF urges the City Council to do everything within its power to hold the NYPD accountable for misconduct and unlawful behavior. This goal can be advanced by ensuring that the CCRB and its RPBP Unit have adequate staffing and resources, as well as direct access to department records, to operate effectively and efficiently.
Read the full testimony here.
