Q&A
NYPD disciplinary procedures and impact of 'good faith' claims
1:38:21
·
3 min
Council Member Salaam inquires about NYPD disciplinary procedures, focusing on how 'good faith' claims impact officer discipline. Deputy Commissioner Gerber explains the department's policy regarding such claims and the approach to discipline for mistakes.
- Patrol Guide 2/12/11 covers investigative encounters and addresses 'good faith' mistakes
- One-time, inadvertent, good faith mistakes are typically addressed with instruction and training
- Repeated mistakes, despite training, may lead to discipline
- The new police commissioner is aware of the issue and plans to address it
Yousef Salaam
1:38:21
In September, at the request of the Federal Monitor, a report was published that included recommendations for how long the department could curb misconduct by improving disciplinary procedures.
1:38:34
I wanna ask about some of these recommendations, many of which directly relate to curbing unconstitutional investigative encounters.
1:38:42
The report explains that when the CCRB recommends penalties for misconduct, the police commissioner often decreases them when an officer asserts that their actions were in good faith or mistake.
1:38:55
Does the NYPD have a written policy regarding how officer discipline is impacted by claims that an officer acted in good faith or due to a mistake?
Michael Gerber
1:39:04
Yeah.
1:39:04
Sure.
1:39:05
So, so the patrol guide 2/12/11, which sort of, covers investigative encounters generally and it does speak to this issue.
1:39:15
And I think it's important to emphasize that that 2/12/11, what I'm about to describe, is monitor approved, court approved.
1:39:23
It's not just our acting unilaterally.
1:39:24
Because, obviously, many patrol guy procedures, we we do ourselves.
1:39:27
That's not true for 2/12/11 because of the monitorship, that was the product of, you know, court oversight.
1:39:34
And frankly, if if we make changes to that, that relate to the monitorship in any way, we we need to get, approval from the monitor.
1:39:42
So 2/12/11 says that to the extent you have one time, inadvertent, good faith mistakes, It is instructions and training are appropriate, and it's not presumptively disciplined.
1:39:56
And that point, I think, actually makes very good sense in light of what I said a moment ago about the complexity of the law in this area.
1:40:02
It is an incredibly complex area of law.
1:40:05
There are many situations in which multiple lawyers are looking at body worn camera video, and we're debating, is it level 2?
1:40:11
Is it level 3?
1:40:14
And, you know, it's one thing for lawyers to debate that.
1:40:17
And ultimately, of course, we have to categorize it.
1:40:19
We have to make a decision.
1:40:21
The monitor and her team and her work have to make that decision.
1:40:23
That's necessary and understandable.
1:40:27
But, of course, the police officer in the moment who gets that wrong, you know, that one time mistake, that good faith mistake, you know, our policy says training and instruction is appropriate, and I think I think that's that's right.
1:40:41
Now to the extent that someone has gotten training and instruction over and over and over again and continues to do the same thing, then there is a need for discipline.
1:40:57
That is a 100% true.
1:41:00
And to the extent we've gotten away from that, to the extent we've gotten, in a situation where someone is repeatedly receiving instructions and training over and over, you know, at some point, that's no good.
1:41:12
And there needs to be discipline.
1:41:14
And I can say also, this is an issue.
1:41:17
We have a new police commissioner, as as you know.
1:41:20
She is aware of this issue.
1:41:23
She's been briefed on this issue.
1:41:25
Think you're gonna see her very much addressing this issue.
1:41:28
Commissioner Tisch is is, very much a problem solver.
1:41:32
This is a problem.
1:41:33
It is going to get solved.
