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New York police officers imposed new restrictions: what they can no longer

'29.03.2021'

Olga Derkach

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New York City Council adopted a series of reforms for the New York City Police Department, including removing qualified immunities for officers that protected them from civil lawsuits. Writes about it CNN.

According to City Council Speaker Corey Johnson, the city was the first in the country to waive qualified immunity.

The package of laws included five bills and three decrees that provide additional oversight and require more transparency from the department. The City Council also passed the New York State Police Reform Plan.

This includes authorizing the Civil Complaints Board (CCRB) to investigate police with a history of bias and complaints of racial profiling, and support for a state bill that will give the council final authority over discipline recommendations for employees. Previously, the police commissioner had the right to ignore the recommendations.

New York City Deputy Commissioner of Police John Miller did not approve of the proposed change.

“People are being held accountable,” Miller said. “When you remove this responsibility from the organization’s executive director and hand it over to a committee, you have the opposite of responsibility,” writes New York Post.

But one of the council's most powerful moves was the elimination of qualified immunity. The term refers to a legal principle that protects government officials from civil lawsuits alleging that they have violated human rights, which is a hotly debated topic across the country.

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New Yorkers will be protected from unwarranted search and seizure and excessive force.

Another law passed includes a mandatory quarterly report of all traffic stops, the Department of Transportation takes over the investigation of all serious injury accidents and supports state law that requires officers to live within city boundaries.

Council members also voted 39-10 to create a new unit in the Department of Transportation to respond to all accidents in the city that result in a person being hospitalized.

Right now, DOT only reacts if someone dies or is expected to die in an accident.

The new law, which leaves out earlier proposals to completely exclude NYPD from crash investigations, is expected to expect DOT officials to attend more than 3000 crashes every year.

NYPD will continue to investigate any suspected crime.

The council also voted 43 to 6 to move the New York City press office from NYPD to City Hall.

The change came after reporters were arrested while they were doing their job during the protests, in response to the death of George Floyd, who was detained by police, although the move was met with controversial media coverage.

According to New York Mayor Bill de Blasio's office, the code was formed through a "months-long engagement process" with the New York City Police Reform and Renewal Partnership, which worked with the participation of stakeholders, experts and the public.

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“We believe the plan ratified by the City Council reflects reform themes that are directly aimed at ending policing, criminalizing poverty and a lack of transparency and accountability in NYPD,” said Jennifer Jones Austin, Wes Moore and Arva Rice. “We know there is still a lot to be done. Now work is starting to immediately implement this plan and ensure full coordination of the city's budget. ”

De Blasio also praised the law and thanked sponsors and other city leaders for their efforts.

“These reforms will strengthen ties between the police and the community,” de Blasio said. “Together we will make our city safer and fairer for future generations.”

De Blasio's office said that all initiatives will be launched, and some will be fully implemented in 2021.

Police and activist reactions

Police Commissioner Dermot Shi has expressed concerns about the law, in particular noting his inability to have the final say on discipline.

“Right now, the commissioner is hiring them, training them, asking them not to take risks to keep New Yorkers safe, and if an officer breaks the rules, I discipline them and fire them if necessary,” Shi said. "If I do wrong, I am responsible."

“No other city agency uses this system, not the FBI, the Secret Service, or the Marines. There is a reason for this. You have to know where the money ends, ”he continued.

A coalition of several NYPD trade unions have circulated mobile billboards around the city to express their strong opposition to the law.

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The New York City Police Charitable Association (PBA), with some 24 police officers, has been one of the most active opposition leaders in reform efforts.

PBA President Patrick Lynch issued a harsh statement in response to the passage of the law.

“New Yorkers are being shot and police are on the street all day and all night trying to stop the bloodshed,” Lynch said.

The Legal Aid Society, which is a major player in bringing New York City police to justice, also opposed the law, saying the reforms ignored community calls to invest in non-police resources.

“Mayor de Blasio had a real opportunity to implement the urgently needed police reforms,” said Tina Luongo, chief prosecutor of the Legal Aid Society's criminal defense practice. "He was unable to do so and instead devised a plan that, at best, embellishes the deep-seated systemic problems in NYPD that are plaguing residents."

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