Policing with Integrity and Departmental: Historical Commissions, IAB, and Department Standards of Conduct

Historical Commissions and Investigations into Police Authority

  • The Lexow Committee (18941894)

    • This committee was established to expose corruption within both the City and the police department.

    • Testimony from the investigation revealed that money was routinely paid to obtain specific ranks within the department.

    • The police were found to have been used to tamper with elections.

    • Officers accepted bribes, engaged in acts of brutality, and extorted money from innocent citizens.

    • It was discovered that appointments to the force were obtained through either cash payments or political connections.

    • Results of the Lexow Committee:

    • Enactment of the civil service system to professionalize the department.

    • Creation of a merit system designed to govern all promotions.

    • Establishment of the Police Academy.

  • The Curran Committee (19121912)

    • The investigation focused on an incident where on-duty officers witnessed the killing of Herman Rosenthal but took no action to intervene.

    • Herman Rosenthal was scheduled to make a Grand Jury appearance to testify against the police at the time of his death.

    • Results of the Curran Committee:

    • Investigators concluded that Rosenthal was murdered on the orders of Lt. Charles Becker.

    • The investigation exposed links between the police and organized crime; multiple inspectors were fired.

    • Lt. Becker and several others were executed for the murder of Rosenthal.

  • The Seabury Investigation (19321932)

    • This investigation found that both police officers and prosecutors accepted money to "throw out" legal cases.

    • During the proceedings, a prostitute who had offered to testify against the police was murdered, and a Supreme Court Justice went missing.

    • Results of the Seabury Investigation:

    • Police officers involved were punished.

    • Attorneys were disbarred from legal practice.

    • Magistrates were removed from office, and several resignations occurred.

  • The Gross / Helfand Investigation (19491949)

    • Harry Gross, a bookmaker based in Brooklyn, was found to have paid 1,000,0001,000,000 per year for police protection.

    • The investigation discovered that police units often arrested "Stand-ins" to create a facade of law enforcement activity while protected operations continued.

    • Results of the Gross / Helfand Investigation:

    • 2121 officers were charged with conspiracy for accepting money to not enforce the law.

  • The Knapp Commission (19701970)

    • This commission was formed in response to a New York Times article that charged the department with widespread police corruption.

    • The commission identified the most widespread form of misconduct as the acceptance of gratuities.

    • Findings showed some plainclothes officers received as much as 35003500 from gambling establishments.

    • Results of the Knapp Commission:

    • Determined that the formation of an internal investigative body was necessary; this led to the creation of the Internal Affairs Division (IAD).

    • Commissioner Patrick Murphy introduced systematic changes regarding the enforcement of "victimless" offenses to combat opportunities for corruption.

  • The Mollen Commission (19921992)

    • Investigations found that officers were committing theft from street dealers and drug couriers, and were even committing off-duty robberies.

    • Officers were protecting narcotics traffickers while also dealing and using illicit drugs themselves.

    • Police officers received payoffs from drug dealers to facilitate criminal activity.

    • Results of the Mollen Commission:

    • Arrest of 1414 Police Officers assigned to the 3030 Pct. along with 1010 of their drug dealer associates.

    • Sgt. Trimboli led the investigation that effectively brought down Dowd and his associates.

    • Establishment of the Internal Affairs Bureau (IAB).

The Internal Affairs Bureau (IAB)

  • Mission and Structure

    • IAB is charged with institutional accountability and the implementation and maintenance of anti-corruption programs.

    • It conducts investigations into corruption and serious misconduct.

    • The Bureau is divided into four Divisions:

    • Criminal Investigations Division.

    • Investigations Division.

    • Special Operations Division.

    • Support Services.

    • IAB tracks corruption trends using over plenty categories to identify patterns of behavior.

    • These categories are general, broad descriptions of the types of activities associated with alleged corruption or serious misconduct.

    • Unauthorized radio transmissions are specifically investigated by the IAB.

  • Specific Allegation Types Investigated:

    • Failure to provide a business card.

    • Gratuity acceptance.

    • Integrity Test Failures.

    • Personal Social Media Account Violations.

    • Being Unfit for Duty.

  • Closed IAB Investigation Classifications:

    • Substantiated: The investigation proved that the accused Member of Service (MOS) committed all alleged acts.

    • Partially Substantiated: The evidence shows the accused MOS committed part of the alleged acts.

    • Unsubstantiated: There is insufficient evidence to clearly prove or disprove the allegations.

    • Exonerated: The subject was clearly not involved, or the incident occurred but the actions were lawful and proper.

    • Unfounded: The investigation indicates the acts did not occur or were not committed by members of this department.

    • Misconduct Noted: Misconduct other than those specifically alleged was committed by the MOS.

Integrity Control and Internal Monitoring

  • Standards & Assessment Unit (SAU)

    • Ensures members of the service are appropriately attired and maintain a professional appearance.

    • Checks that all required equipment is possessed by members.

    • Conducts station house inspections.

    • Ensures the safe operation of department vehicles.

    • Carries out other initiatives as directed by department leadership.

  • Integrity Control Officer (ICO)

    • Usually holds the rank of Lieutenant.

    • Develops an integrity control program tailored specifically to the conditions of the precinct.

    • Integrity Conferrals: Commanding Officers (COs) conduct conferrals with each member of the command semi-annually.

  • Holiday Integrity Program

    • Takes place during the months of November, December, and January.

    • A precinct or command-based operation coordinated by the CO and ICO.

    • Officers are monitored regarding shopping activities, whether on or off duty, at businesses within the confines of their precinct or command.

  • Prohibited Locations and Suspensions

    • An MOS will be suspended for having an interest in, associating with, or patronizing the following:

    • After-hours clubs (unlicensed).

    • Gambling locations (illegal).

    • Smoke shops (those selling paraphernalia associated with marijuana use).

Ethical Advocacy and Employment Equality

  • Department Advocate's Office (DAO)

    • Responsible for the prosecution of cases where Department trials are warranted.

    • Trials occur when "charges and specs" (specifications) have been preferred against a member of the service.

  • The Board of Ethics

    • Membership consists of:

    • Deputy Commissioner of Legal Matters.

    • Department Chaplain.

    • Four Uniformed Members of Service (UMOS).

    • This board deals with issues regarding the acceptance of gifts, testimonials, and off-duty employment.

  • Office of Equal Employment Opportunity (EEO)

    • Ensures department compliance with Title VII of the Civil Rights Act of 19641964.

    • Advises, monitors, and trains all MOS in matters of employment discrimination.

    • Evaluates Department practices to assist members in maintaining a bias-free work environment.

External Investigative Agencies

  • The Civilian Complaint Review Board (CCRB)

    • An all-civilian review board consisting of 1515 members.

    • Records and investigates complaints alleging misconduct by members of the department.

    • The CCRB investigates the following areas (FADO):

    • Force: Excessive or unnecessary physical force.

    • Abuse of Authority.

    • Discourtesy.

    • Offensive Language.

    • Untruthful Statements.

    • Reporting Requirements: Any officer approached by a civilian wishing to make a complaint against another MOS must notify the CCRB Intake Unit at 1−800−341−CCRB1-800-341-CCRB (2424 hours) as soon as the details of the complaint are known.

  • The Racial Profiling and Bias-Based Policing ("RPBP") Unit

    • A specialized unit at the CCRB focused on investigating civilian complaints of profiling or biased policing based on:

    • Race, Color, and Age.

    • National origin / ethnicity and Religion.

    • Immigration or citizenship status.

    • Gender / gender identity and Sexual orientation.

    • Disability and Housing Status.

  • CCRB Investigation Dispositions:

    • Substantiated: Sufficient credible evidence exists to believe the subject officer committed the alleged act.

    • Within NYPD Guidelines: The subject officer is found to have committed the alleged act, but the actions were lawful.

    • Unfounded: Sufficient credible evidence exists to believe the subject officer did not commit the alleged act.

    • Unable to Determine: Evidence is insufficient to determine whether the officer did or did not commit misconduct.

    • Unidentified: The officer who committed the alleged misconduct could not be identified.

    • Miscellaneous: Mostly used when the subject officer is no longer a member of the NYPD.

  • Other Investigating Agencies:

    • DOI's OIG-NYPD.

    • District Attorney's Office.

    • NYS AG's Law Enforcement Misconduct Investigative Office.

    • US Attorney.

    • Federal Law Enforcement Agencies.

Conduct Standards: Alcohol, Drugs, and Duty

  • Off-Duty Conduct

    • Inappropriate behavior by one officer reflects on all members of the service.

    • Officers are required to remain fit for duty at all times except when out sick.

    • Officers should not possess a firearm if there is any possibility of becoming unfit for duty.

  • Alcohol Abuse

    • Any misconduct involving the misuse of a firearm while unfit for duty due to intoxication or excessive consumption of alcohol will result in termination from the Department.

    • The Police Commissioner will determine exceptional cases on a case-by-case basis.

    • The specific charge for this combination is: Misconduct + Alcohol + Armed with Firearm = Unfit For Duty While Armed.

    • The NYPD offers rehabilitative services through the Counseling Services Unit for UMOS with alcohol problems.

    • UMOS who refuse to submit to chemical testing regarding a "Driving While Intoxicated" allegation will be charged with "Engaging in Conduct Prejudicial to the Good Order, Efficiency, or Discipline of the Department."

  • Drug Abuse

    • The Department maintains a Zero Tolerance policy regarding drug usage.

    • If found to be illegally using narcotics, an MOS will receive charges and specifications and will be suspended from duty.

    • They will be subject to termination at the discretion of the Police Commissioner (PC).

    • Anabolic Steroids, HGH, & Nutrition Supplements: MOS are responsible for everything introduced into their bodies; drug test failures due to supplements are handled the same as other drug failures.

  • Drug Testing Protocols

    • Drug testing is conducted in the following scenarios:

    • Randomly for UMOS of all ranks.

    • At the end of the probationary period.

    • Upon entering IAB or select Detective Bureau sub-units.

    • When applying for designated specialized units.

    • For Civil Service and Discretionary promotions.

    • For cause (reasonable suspicion).

    • Voluntary testing during counseling.

    • Reporting for Testing: A UMOS selected for testing must report to the Medical Division unless they are on:

    • Bereavement leave or Sick report.

    • Military Leave or Annual vacation.

    • Regularly scheduled day off (RDO) or Terminal Leave.

    • Missing a test for any other reason requires rescheduling as soon as possible. Refusal to submit to testing results in suspension and is grounds for dismissal. Only the Bureau Chief can excuse a person from testing.

Reporting Corruption and Legal Incidents

  • Duty to Report

    • All MOS have an absolute duty to report corruption or misconduct, including allegations.

    • If an allegation is received at a precinct telephone switchboard, the MOS receiving the allegation against themselves will request a supervisor to respond to the scene.

  • Five Ways to Report Corruption to IAB:

    • In person.

    • Mail.

    • Phone.

    • Fax.

    • Email.

    • Reports may remain anonymous. A Confidential Identification Number (CIN) can be obtained from a Command Center investigator.

  • MOS Arrest Procedures:

    • Arrested inside NYC: Identify self as an MOS. Must notify the Desk Officer of the Precinct of Arrest regarding details if arrested by any agency other than the NYPD.

    • Arrested outside of NYC: Identify self as a member of the NYPD. Immediately notify the Operations Unit and the Commanding Officer.

  • Criminal Court Summons:

    • Any MOS receiving a Personal Service Summons for a criminal violation must immediately notify their CO and provide a copy of the summons.