New York Daily News

NOT ABOVE THE LAW!

City Council rips NYPD for refusal to release details on use-of-force incidents

- BY ERIN DURKIN and GRAHAM RAYMAN

THE HEAD of a key City Council committee called on the NYPD to end its refusal to release precinct-level use-of-force numbers.

Donovan Richards, chairman of the Public Safety Committee, said Thursday the department is violating Local Law 85, which requires the release of such data.

“The law is the law,” said Richards, a Queens Democrat. “The Council obviously will use every bit of power we have to make sure that they comply with the law.”

NYPD Deputy Commission­er for Legal Matters Lawrence Byrne said in a letter that the department would release boroughwid­e use-of-force data, but not at the precinct level because it could identify individual cops.

He cited Section 50-a of the state Civil Rights Law, which the city has claimed renders all police personnel records confidenti­al, including disciplina­ry outcomes, for safety reasons.

Critics have said the city’s position is too broad, misinterpr­ets the law and is constantly shifting.

“It seems like every other day, the NYPD has a different interpreta­tion of 50-a,” Richards said. “It seems to me that this is just a way to skirt the responsibi­lity around transparen­cy and accountabi­lity.”

Councilman Rory Lancman (D-Queens), who sponsored the use-of-force law, blasted the department’s refusal to comply.

“That’s nonsense,” he said. “You have the city’s primary law enforcemen­t agency violating the law that the mayor signed, with impunity and complete disdain for logic and reason.”

Lancman said “no reasonable interpreta­tion” of the law would support the NYPD’s position.

“It’s as if the mayor has completely abdicated any responsibi­lity for criminal justice in this city, and he’s just letting the NYPD run hog wild over the law and the public’s right to the most basic informatio­n,” he said.

Council Speaker Corey Johnson said the NYPD must comply. “The Council believes that this data is important and should be made public, as evidenced by the bill we passed in 2016. The NYPD needs to abide by that law and release this useof-force data,” he said.

Mayor de Blasio’s spokesman, Austin Finan, told the Daily News that New Yorkers “deserve a transparen­t and accountabl­e Police Department. That’s why the NYPD is working toward making its use-of-force reporting more transparen­t while still adhering to existing laws.”

On Wednesday, NYPD spokesman Phillip Walzak provided a link to the published borough-level data online.

“In order to be transparen­t and comply to the fullest extent possible with laws that require use-of-force reporting, while avoiding violations of other confidenti­ality laws, the NYPD has published this data by borough,” he said.

“That informatio­n is readily available to the public online,” he said.

The controvers­y over the NYPD’s 50-a policy started when it suddenly stopped making summaries of disciplina­ry case outcomes available to the media. That move reversed four decades of practice.

Police officials then insisted that all disciplina­ry outcomes and all personnel records were confidenti­al. Even documents entered into evidence in administra­tive trials open to the public are considered secret, they said.

 ??  ?? Concealing police officers’ use of force on the streets collides with city’s need to know what they’re up to, pols said in push for precinct-level stats.
Concealing police officers’ use of force on the streets collides with city’s need to know what they’re up to, pols said in push for precinct-level stats.
 ??  ?? NYPD’s Lawrence Byrne (left) said Finest would give use-of-force stats by borough, but Councilman Donovan Richards (r.) said that’s not good enough – they should be by precinct.
NYPD’s Lawrence Byrne (left) said Finest would give use-of-force stats by borough, but Councilman Donovan Richards (r.) said that’s not good enough – they should be by precinct.

Newspapers in English

Newspapers from United States