Sunday, June 14, 2020

Police Reform

To:
  •  oped@nytimes.com

    Gov. Andrew Cuomo has challenged the cities and counties of New York State to enact laws reforming (or perpetuating) their police agencies by April 1, 2021 or lose state funding. For New York City, which has the largest, and arguably most troubled, force in the state, this mandate poses an enormous challenge and grand opportunity.

    I propose that the city amend its charter to create a new agency empowered and charged to administer the policing function. This Police Commission, if you will, should be comprised of men and women representing the key stakeholders affected by the exercise of the police power. It must include public members appointed by community boards, police officers chosen by the rank and file of their unions and public officials selected by the mayor and presiding justices of the court. The commission should have nine unpaid members, five of whom must be named by a consensus of the community board in each borough, two by the police union membership and one each by the mayor and presiding justice.

    This body must be invested with the authority to set and oversee policing policies and practices, disciplinary procedures and range of punishment, hiring and training standards, budget formulation and equipment requirements and prohibitions. The commission must be provided with a paid, full-time staff, headed by an executive director of its choosing, to carry out the policies adopted by the commission and, with the aid of subpoena power, to investigate and report on instances of abuse and corruption. The commission should have authority to refer the findings it accepts to the state's attorney-general for prosecution when appropriate or to initiate disciplinary proceedings.

    The commission should meet regularly and hold frequent public hearings. It should propose further legislation delineating areas of public concern better removed from the policing function and delegated, instead, to other agencies best suited to address the needs of affected individuals.

    The police force would continue to be managed on a day to day basis by its hierarchy of ranking officers answerable to a police administrator chosen by, serving at the pleasure of and subject to the directives of the Police Commission. While the specific mechanics described here may well be modified and improved upon, it is essential that the basic concept, of a collaboratively led department with strong representation from affected communities be preserved and implemented.

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