MMR - FY20 - Civilian Complaint Review Board

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• Parent Document:: Mayor's Management Report - Fiscal Year 2020
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    • CIVILIAN COMPLAINT
    • REVIEW BOARD Frederick Davie, Chair
    • CIVILIAN COMPLAINT REVIEW BOARD | Page 85
    • WHAT WE DO
    • The Civilian Complaint Review Board
    • (CCRB) is an independent agency
    • empowered to receive, investigate,
    • prosecute, mediate, hear, make
    • findings and recommend action
    • on complaints alleging the use of
    • excessive or unnecessary force, abuse
    • of authority, discourtesy, the use of
    • offensive language, and untruthful
    • statements by New York City police
    • officers. The Board’s investigative
    • staff, composed entirely of civilian
    • employees, conducts investigations
    • in an impartial fashion. The Board
    • forwards its findings to the Police
    • Commissioner.
    • FOCUS ON EQUITY
    • CCRB focuses on equitable service delivery by resolving civilian complaints impartially and
    • speedily, conducting outreach to the diverse communities of the City, and examining the policies
    • and systemic practices that lead to misconduct complaints. Toward that end, CCRB works to
    • increase the percentage of complaints where findings on the merits are reached and, when
    • officers are found to have committed misconduct, to recommend an effective level of discipline.
    • CCRB continues to extend its outreach to underserved communities. CCRB has provided greater
    • access for individuals who cannot travel to Manhattan to meet with investigators and CCRB’s
    • investigative team regularly conducts field interviews throughout the five boroughs, as well
    • as on Rikers Island. The Board also conducts evening public meetings across the City. CCRB’s
    • website, which contains materials in eight languages, allows the public to file complaints,
    • track the status of their complaints and view up-to-date maps with the number of misconduct
    • complaints filed in each police precinct.
    • The CCRB is in the process of building a new Civilian Assistance Unit (CAU) to serve and
    • support complainants, victims and witnesses with special needs, particularly victims of sexual
    • misconduct. Over Fiscal 2020, as part of a forthcoming report on [[homelessness and Policing,
    • CCRB identified homeless complainants as a group with significant challenges to serve. CCRB
    • performed outreach presentations to homeless services, shelters and advocacy agencies to
    • inform both potential complainants and the professionals who already provide direct services
    • to the homeless of their right to file complaints. CCRB is working to build relationships with
    • other agencies to create new ways to locate complainants after the COVID-19 shutdown has
    • ended. The CCRB Youth Advisory Council (YAC), a 19-member working committee made up
    • of young leaders, ages 10-24, who are committed to criminal justice issues and improving
    • police-community relations, was initially launched in winter of 2018. The YAC meets quarterly
    • and advises CCRB staff about its efforts to engage young New Yorkers, serve as ambassadors
    • to their communities about the Agency, and join team-building activities. The YAC also served
    • as part of the planning committee for the CCRB’s spring 2019 event, “Speak Up, Speak Out:
    • A Youth Summit on Policing in NYC,” the CCRB’s first ever summit focused exclusively on
    • youth. The CCRB used information learned from the YAC and the Youth Summit to inform the
    • Agency’s issue-based report on police interactions with young people in New York City, “Youth
    • and Police,” released in June 2020. CCRB also maintains a fellowship focused on equity. The
    • James Blake Fellow aims to reduce the number of complaints closed without a full investigation
    • by identifying complaints least likely to result in full investigations and recommending policy
    • changes to address underserved groups.
    • OUR SERVICES AND GOALS
    • SERVICE 1 Investigate, prosecute and resolve claims of police
    • misconduct.
    • Goal 1a Improve the quality and timeliness of investigations.
    • Goal 1b Increase the use of mediation to resolve complaints.
    • Goal 1c Improve the quality and timeliness of prosecutions.
    • SERVICE 2 Inform and educate the public about the agency.
    • Goal 2a Increase outreach and education of City residents.
    • Page 86 | MAYOR’S MANAGEMENT REPORT
    • 0
    • 1000
    • 2000
    • 3000
    • 4000
    • 5000
    • 6000
    • 7000
    • FY 16 FY 17 FY 18 FY 19 FY 20
    • Total Civilian Complaints
    • 4,392
    • 5,236
    • 4,711
    • 4,215
    • 4,597
    • HOW WE PERFORMED IN FISCAL 2020
    • SERVICE 1 Investigate, prosecute and resolve claims of police misconduct.
    • Goal 1a Improve the quality and timeliness of investigations.
    • During Fiscal 2020 the public filed 12 percent fewer complaints than in Fiscal
    • 2019 and the number of cases closed decreased 17 percent, with the reduction
    • in case closures concentrated in the months following the city’s COVID-19
    • shutdown. Complaints in May and June rose again, with June being the single
    • highest month for complaints received in the fiscal year, with 515 complaints.
    • The average age (in days) of open dockets rose 30 percent, with the age of
    • open dockets rising in the second half of Fiscal 2020. The average time to
    • complete a substantiated investigation likewise rose 21 percent from Fiscal
    • 2019, to 326 days, while the average time to complete a full investigation
    • increased 16 percent to 290 days. Case completion times rose over the course
    • of the COVID-19 shutdown, and are otherwise representative of the increased
    • number of cases that include body-worn camera footage. Reviewing bodyworn camera footage may require an investigator to watch hours of footage
    • from multiple officers, often more than one time. The amount of time it takes
    • to obtain footage has also significantly contributed to the increase. In Fiscal 2020 the percent of allegations closed on
    • the merits (allegations fully investigated and closed as substantiated, exonerated or unfounded) increased more than four
    • percentage points to 55.4 percent. The Board renders findings on the merits when sufficient evidence has been gathered
    • to allow a factual conclusion to be made. No findings on the merits are made when allegations are unsubstantiated, the
    • subject officer is no longer a member of NYPD or the subject officer could not be identified.
    • Performance Indicators
    • Actual Target Trend
    • FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
    • Desired
    • Direction
    • Total civilian complaints against uniformed members of the New
    • York City Police Department 4,711 4,215 4,392 5,236 4,597 * * Neutral *
    • Average age of open docket (days) 74 80 101 109 142 * * Up Down
    • « Average time to complete a full investigation (days) 162 153 190 249 290 120 120 Up Down
    • « Full investigations as a percentage of total cases closed (%) 38% 34% 32% 29% 34% 40% 40% Down Up
    • Cases closed 4,970 4,031 4,048 4,795 3,991 * * Down *
    • « Closed allegations with findings on the merits (%) 46% 43% 48% 51% 55% 55% 55% Up Up
    • « Average time to complete a substantiated investigation (days) 178 168 208 269 326 140 140 Up Down
    • « Substantiated cases in which the statute of limitations expired
    • (%) 0% 0% 0% 1% 0% 0% 0% Up Down
    • « Officers disciplined (excluding pending and filed cases) (%) 82% 78% 73% 75% 82% * * Neutral *
    • « Critical Indicator “NA” Not Available ñò Directional Target * None
    • Goal 1b Increase the use of mediation to resolve complaints.
    • In Fiscal 2020 the number of cases successfully mediated declined 38 percent compared to Fiscal 2019, resulting from the
    • cessation of mediations in March through June 2020 due to COVID-19.
    • Performance Indicators
    • Actual Target Trend
    • FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
    • Desired
    • Direction
    • Cases with mutual agreement to mediate 444 373 550 500 237 * * Down Up
    • Officers who accepted mediation (%) 87% 96% 85% 78% 59% * * Down Up
    • Civilians who accepted mediation (%) 45% 45% 46% 43% 36% * * Down Up
    • Cases successfully mediated 222 187 233 202 126 * * Down Up
    • « Average mediation case completion time (days) 93 99 106 131 129 120 120 Up Down
    • « Mediation satisfaction rate (%) 88% 88% 95% 88% 83% 94% 94% Neutral Up
    • « Critical Indicator “NA” Not Available ñò Directional Target * None
    • CIVILIAN COMPLAINT REVIEW BOARD | Page 87
    • Goal 1c Improve the quality and timeliness of prosecutions.
    • During the reporting period CCRB’s administrative prosecution unit closed a total of 60 cases, including 39 trials and 7
    • pleas. The number of APU trials completed was more than double that of Fiscal 2019.
    • Performance Indicators
    • Actual Target Trend
    • FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
    • Desired
    • Direction
    • Administrative prosecution cases closed 210 163 83 47 60 * * Down *
    • – Cases closed by trial 137 87 43 19 39 * * Down *
    • – Cases closed by plea 60 63 33 16 7 * * Down *
    • « Critical Indicator “NA” Not Available ñò Directional Target * None
    • SERVICE 2 Inform and educate the public about the agency.
    • Goal 2a Increase outreach and education of City residents.
    • In Fiscal 2020 CCRB outreach conducted 749 presentations to inform and educate the public, a reduction of only 7 percent
    • from Fiscal 2019 despite the difficulties presented by COVID-19. Due to COVID-19, the Outreach Department adapted their
    • outreach approach and conducted virtual presentations. The monthly board meeting also moved online and averaged an
    • attendance of 200 people per month.
    • Performance Indicators
    • Actual Target Trend
    • FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
    • Desired
    • Direction
    • Outreach presentations conducted 732 694 947 805 749 * * Neutral Up
    • « Critical Indicator “NA” Not Available ñò Directional Target * None
    • AGENCY CUSTOMER SERVICE
    • Performance Indicators Actual Target Trend
    • Customer Experience FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
    • Desired
    • Direction
    • Completed requests for interpretation 695 744 731 576 660 * * Down *
    • Letters responded to in 14 days (%) 88% 80% 79% 57% 53% * * Down Up
    • E-mails responded to in 14 days (%) 100% 100% 86% 100% 100% * * Neutral Up
    • CORE facility rating 100 98 94 NA 100 * * NA Up
    • « Critical Indicator “NA” Not Available ñò Directional Target * None
    • AGENCY RESOURCES
    • Resource Indicators Actual¹ Plan²
    • FY16 FY17 FY18 FY19 FY20 FY20 FY21 5yr Trend
    • Expenditures ($000,000)³ $14.1 $15.2 $16.4 $18.5 $19.4 $19.6 $19.5 Up
    • Personnel 164 173 182 178 203 218 219 Up
    • Overtime paid ($000) $360 $330 $444 $544 $339 $229 $0 Up
    • ¹Actual financial amounts for the current fiscal year are not yet final. Final fiscal year actuals, from the Comptroller’s Comprehensive Annual Financial Report, will be reported
    • in the next PMMR. Refer to the “Indicator Definitions” at nyc.gov/mmr for details. ²Authorized Budget Level
    • ³Expenditures include all funds “NA” - Not Available * None
    • Page 88 | MAYOR’S MANAGEMENT REPORT
    • SPENDING AND BUDGET INFORMATION
    • Where possible, the relationship between an agency’s goals and its expenditures and planned resources, by budgetary unit
    • of appropriation (UA), is shown in the ‘Applicable MMR Goals’ column. Each relationship is not necessarily exhaustive or
    • exclusive. Any one goal may be connected to multiple UAs, and any UA may be connected to multiple goals.
    • Unit of Appropriation
    • Expenditures
    • FY191
    • ($000,000)
    • Modified Budget
    • FY202
    • ($000,000) Applicable MMR Goals3
    • 001 - Personal Services $14.9 $15.1 All
    • 002 - Other Than Personal Services $3.6 $4.2 All
    • Agency Total $18.5 $19.4
    • 1
    • Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended June 30, 2019. Includes all funds. 2
    • City of New York Adopted Budget for Fiscal 2020, as of June
    • 2020.Includes all funds. 3Refer to agency goals listed at front of chapter. “NA” Not Available * None
    • NOTEWORTHY CHANGES, ADDITIONS OR DELETIONS !
    • • On November 5, 2019, New Yorkers voted to implement a set of Charter changes, grouped together under Ballot
    • Question 2, that make the disciplinary process more transparent, strengthen the CCRB’s oversight capabilities, and
    • improve Agency efficiency.
    • Previously, the Board consisted of 13 members who were all appointed by the Mayor. The City Council designated five
    • Board members (one from each borough); the Police Commissioner designated three; and the Mayor designated five,
    • including the Chair of the Board. As a result of the Charter revision, the Board now consists of 15 members: the City
    • Council appoints five Board members (one from each borough); the Police Commissioner designates three; the Public
    • Advocate appoints one; and the Mayor appoints five. In addition, now the Chair of the Board is jointly appointed by
    • the Mayor and Speaker of City Council.
    • The CCRB’s jurisdiction expanded to include untruthful statements made by police officers during their CCRB
    • investigations, an allegation previously referred to the NYPD for investigation. In addition, the CCRB’s budget is
    • now tied to the NYPD’s, linking the budgeted headcount for the Agency to 0.65 percent of the NYPD’s uniformed
    • headcount, unless there is a certified fiscal emergency. Finally, the Police Commissioner is now required to provide
    • written explanations for deviations from the Board’s disciplinary recommendations, providing more transparency and
    • accountability into disciplinary decision-making.
    • ADDITIONAL RESOURCES
    • For additional information go to:
    • • Monthly statistics:
    • http://www1.nyc.gov/site/ccrb/policy/monthly-statistical-reports.page
    • • File complaints online:
    • https://www1.nyc.gov/site/ccrb/complaints/file-online.page
    • • Status of complaints:
    • http://www1.nyc.gov/apps/ccrb-status-lookup
    • • Administrative trials:
    • https://www1.nyc.gov/site/ccrb/prosecution/apu-trials.page
    • • Maps of complaints in each precinct:
    • http://www1.nyc.gov/site/ccrb/policy/complaint-activity-map.page
    • For more information on the agency, please visit: www.nyc.gov/ccrb.