QUESTION
Do you track dismissal rates and agency-specific information related to violations at OATH?
2:58:18
·
3 min
OATH provides a dismissal report to agencies with gross numbers of dismissals, categorized by reasons such as filing errors or merit disagreements.
- The dismissal report does not include percentages but presents month-by-month data.
- It categorizes dismissals based on basis such as filing errors, merit disagreements, and jurisdictional issues.
- OATH does not track dismissal rates by individual city employees.
- The NYPD has a higher dismissal rate, as indicated by the CGRA report, with 43% of CGA summonses dismissed in a recent quarter.
Lincoln Restler
2:58:18
Do you track the dismissal rates by agency, by type of violation, that information that you share back with agency heads to try to offer some guidance on violations that are not effectual?
Asim Rehman
2:58:32
We do have a dismissal report that is sent out to agencies.
2:58:37
It is not sent for with any instructions on what they should do with it.
2:58:40
Is information that we have and information that we provide.
2:58:43
And the dismissal report has not percentages, it has gross numbers, of number of dismissals in a given period.
2:58:52
So I have a month by month numbers.
2:58:56
What it does track.
2:58:57
It does not track the type of summonses.
2:58:59
Well, if you're talking about an agency, if you're talking about DEP, it doesn't say the type of DEP summonses letter dismissed, rather it says the basis for the dismissal.
2:59:08
Some are dismissed because it was improperly filed.
2:59:11
Some are dismissed because on the merits, it was dismissed.
2:59:14
The a the the hearing officer said, no, I disagree ultimately on the merits.
2:59:18
Some are dismissed because they actually don't come to, oh, there's a jurisdictional issue.
2:59:24
They're filed with us, but they're they shouldn't have been filed with us.
2:59:26
So it breaks down those categories.
Lincoln Restler
2:59:29
Okay.
2:59:30
And do you also track that information by the city employee?
2:59:37
Of if, let's just say, sanitation officer x or police officer y was responsible for issuing 700 summons in the last year, do you track their individual dismissal rates at that level?
Asim Rehman
2:59:51
We don't.
2:59:52
We track, as I mentioned, by agency and within the agency, the basis for the dismissal.
Lincoln Restler
2:59:58
And can you advise which agency has the highest dismissal rate at this time?
Asim Rehman
3:00:06
One moment.
3:00:10
So As I mentioned, the dismissals are that we have in our dismissal report are gross numbers.
3:00:20
So I'd need to know the percentages of the total body to to know of this missile rate But from a rough review, NYPD's dismissal rate is on the higher side.
3:00:35
And one reason we know that is because one of the reports that we that we run, that we provide to the council is our CGRA report, the criminal justice reform act report.
3:00:47
And if you review the CGRA report, For example, I'm looking at our quarterly report from the last quarter of the calendar year 2023.
3:00:58
And it it shows that of the slightly more than 15,000 CGA Sumances that were issued more than, you know, between 40 1 43% of those.
3:01:17
Were dismissed by NYPD.
Lincoln Restler
3:01:23
Okay.
3:01:24
You know, we found when we reviewed local law 64 of 2015 that required oath at that time to report on dismissal rates, the PD had a dismissal rate of about 30%.
3:01:34
So it's just concerning to hear that that has gone up as the number of as a percentage, both as a total number, of course, as the number of summons issued by the police department has increased dramatically as well.
Asim Rehman
3:01:46
Yeah.
3:01:46
I should briefly qualify just the technical note.
3:01:49
CGRA's stomachs can also be issued by the parts department.
3:01:53
I believe that the majority that are fall into the data I'm reading are NYPD.
3:01:58
So but I just wanted to add that qualification.
Lincoln Restler
3:02:00
That is helpful.