Civilian Complaint Board Explains Process
BY RICHARD GENTILVISO

Since 1993, the New York City Civilian Complaint Review Board (CCRB) has had jurisdiction to investigate and mediate misconduct complaints made against New York Police Department officers.

"There are lots of ways to file a complaint, but (calling) "311" is the easiest," Phil Weitzman, a communications associate for CCRB, said at the November meeting of the Queens Borough Cabinet.

CCRB investigates and mediates four categories of complaints. "Discourtesy" is the use of inappropriate behavior or language, including rude or obscene gestures and words, whereas "Offensive language" is derogatory remarks or gestures based on a person's race, ethnicity, religion, sexual orientation, gender or disability.

"Abuse of authority" constitutes improper street stops, frisks, searches, unwarranted threats of arrest and other abuses of police authority, while "Force" means the use of unnecessary or excessive force, up to and including deadly force.

In 2006, 7,669 complaints were filed with CCRB, up from 4,251 complaints filed in 2001. 52 percent of complaints in '06 were for abuse of authority, 30 percent for force, 15 percent for discourtesy and 3 percent for offensive language.

"We do the most thorough investigation that we possibly can," Weitzman said. CCRB has a staff of about 150 investigators. "There's a wealth of information," said Weitzman, indicating that CCRB uses "911", medical and police records.

"You don't need an officer's badge number or identity to complain," he said.

After follow-up of the initial complaint, complainants are required to make a sworn statement in person at CCRB offices in Manhattan, said Weitzman. A report is issued after the investigation, going before a three-member panel of the 13- member CCRB for review.

Statistics over the five-year period from 2002 through 2006 show 10 percent of cases are "substantiated", meaning the police officer has engaged in the action alleged, resulting in misconduct, while 80 percent are "exonerated", meaning the police officer did engage in the action alleged, but it was lawful and proper.

Complaints can also be determined "unfounded", meaning the officer did not engage in the alleged action, or "unsubstantiated", meaning there was insufficient evidence.

At least half of all complaints made eventually are classified as "truncated", according to Weitzman, meaning CCRB was unable to contact the complainant, the complainant refused to cooperate or the complaint was withdrawn.

In September, the New York Civil Liberties Union, charged CCRB is failing to pursue complaints effectively because it dismisses half of all cases. The civil liberties union said only about 5 percent of complaints are substantiated.

In cases that are substantiated, CCRB forwards the case to The New York Police Department, usually with a recommendation for discipline. The New York Police Department has final say on disciplinary action.

As for the need to go into Manhattan for the complaint process, Community Board 9 District Manager Mary Ann Carey said, "Don't you think that discourages people?"

"We don't believe that having borough offices would actually make a difference," Weitzmen said, citing a study CCRB did based on the ZIP Codes of 311 calls. Queens accounts for 16 percent of complaints, fourth citywide, just above Staten Island at 4 percent.

Brooklyn, with 33 percent of all complaints, is first, Manhattan is second (25 percent) and The Bronx is third (20 percent).

Locally, the 114th and 115th precincts recorded the highest number of CCRB complains of the eight Queens North precincts, 449 and 320, respectively, over the five-year period from 2002 to 2006. In 2006, 7,669 complaints were filed with CCRB, up from 4,251 complaints filed in 2001. 52 percent of complaints in '06 were for abuse of authority, 30 percent for force, 15 percent for discourtesy and 3 percent for offensive language.