Creates a state commission to investigate patterns and practices of unlawful or inappropriate conduct on the part of members of law enforcement personnel in New York state

Summary of specific provisions

The Commission shall consist of nine members to be appointed as follows: Five members, including the chair, shall be appointed by the chief judge of the New York state court of appeals; one member each shall be appointed by the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly. The members of the commission shall be either former judges or distinguished professionals with significant law enforcement experience. Substantial consideration shall be given to individuals who are experienced former members of the state police.

The Commission may request and shall receive from any court in the state and from any subdivision, department, board, bureau, commission, officer agency or other instrumentality of the state or of any political subdivision thereof such facilities, assistance and data as it deems necessary or desirable for the proper execution of its powers and duties and to effectuate the purposes set forth in this act. It will be obligated to produce a report to the legislature within 180 days of its formation that recommends policy and practice changes that can be made to reform the institution, and free the state police from future political interference or coercion.

To the extent that evidence of criminal behavior is uncovered by the investigation undertaken by the commission, the commission shall refer such matters to the appropriate prosecutorial authority.

Justification

This legislation is necessitated by a troubling pattern throughout three different gubernatorial administrations of inappropriate and possibly unlawful behavior by law enforcement personnel within New York State, largely emanating from the Executive Services Detail. Most recently, this behavior took the form of possible intimidation of a female victim involved in a domestic violence dispute with a high ranking member of the Paterson Administration. While this specific incident is being investigated, under the administrations of the two previous governors there were several documented instances where state troopers were also subject to improper political influence and used in ways that undermine the very fabric of our democracy.

In 2007, a scandal erupted involving former Governor Eliot Spitzer's use of state troopers to monitor and gather travel information about former Senate Majority Leader Joseph Bruno for purposes of trying to discredit a political adversary. Under the Pataki Administration, the state police were found to have electronically discarded a domestic dispute complaint involving a political ally, former Rep. John Sweeney, in order to shield him from public scrutiny and embarrassment. These are just two of several occurrences that have already been documented by the Office of the New York State Attorney General.

The proposed commission is fashioned in part after the Knapp Commission which investigated police corruption in the 1970's and the Mollen Commission which investigated police brutality and corruption in the 1990's, The role of the state trooper is to protect and serve the public. It is not to protect and serve the political interests of the Governor or administration in power. The proposed temporary commission will undertake to determine what has gone wrong during the administration of three different governors and recommend concrete measures the legislature can implement to restore institutional integrity and accountability to the state police.

Prior legislative history

2010: S.708S/A.10199 - Held in Senate Finance Committee.

Fiscal implications for state & local governments

To be determined.

Effective date

This act shall take effect immediately.