Section 803. Powers and duties.
a. The commissioner shall make any investigation directed by the mayor or the council.
b. The commissioner is authorized and empowered to make any study or investigation which in his opinion may be in the best interests of the city, including but not limited to investigations of the affairs, functions, accounts, methods, personnel or efficiency of any agency.
c. 1. The commissioner shall, on an ongoing basis, investigate, review, study, audit and make recommendations relating to the operations, policies, programs and practices, including ongoing partnerships with other law enforcement agencies, of the New York city police department with the goal of enhancing the effectiveness of the department, increasing public safety, protecting civil liberties and civil rights, and increasing the public's confidence in the police force, thus building stronger police-community relations.
2. Not later than ninety days after the effective date of the local law that added this subdivision, the commissioner shall report to the council regarding the identity and qualifications of the individual responsible for overseeing the implementation of the duties described in paragraph 1 of this subdivision, the number of personnel assigned to assist that individual, and the details of the management structure covering them. Upon removal or replacement of the individual responsible for overseeing the implementation of the duties described in paragraph 1 of this subdivision, notification of that removal or replacement, and the identity and qualifications of the new individual responsible for overseeing the implementation of the duties described in paragraph 1 of this subdivision, shall be provided to the council.
3. The Mayor, in consultation with the department and the New York city police department, shall have the discretion to determine how sensitive information provided to the department in connection with any investigation, review, study, or audit undertaken pursuant to this section shall be treated. The Mayor shall provide the Council with any guidelines, procedures, protocols or similar measures related to the treatment of sensitive information that he or she puts in place. Sensitive information shall mean information concerning (a) ongoing civil or criminal investigations or proceedings; (b) undercover operations; (c) the identity of confidential sources, including protected witnesses; (d) intelligence or counterintelligence matters; or (e) other matters the disclosure of which would constitute a serious threat to national security or to the safety of the people of the city of New York.
4. The executive director of the civilian complaint review board and the chief of the New York city police department's internal affairs bureau shall report to the commissioner any problems and deficiencies relating to the New York city police department's operations, policies, programs and practices that he or she has reason to believe would adversely affect the effectiveness of the department, public safety, the exercise of civil liberties and civil rights, or the public's confidence in the police force, and that would be relevant to the duties of the commissioner as described in paragraph 1 of this subdivision.
5. No officer or employee of an agency of the city shall take any adverse personnel action with respect to another officer or employee in retaliation for his or her making a complaint to, disclosing information to, or responding to queries from the commissioner pursuant to activities undertaken under paragraph 1 of this subdivision unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any officer or employee who believes he or she has been retaliated against for making such complaint to, disclosing such information to, or responding to such queries from the commissioner may report such action to the commissioner as provided for in subdivision c of section 12-113 of the administrative code.
6. The department's website shall provide a link for individuals to report any problems and deficiencies relating to the New York city police department's operations, policies, programs and practices. Individuals making such reports shall not be required to provide personally identifying information.
c-1. The commissioner shall prepare annual audits of surveillance technology impact and use policies as defined in section 14-188 of the administrative code that shall:
1. assess whether the New York city police department's use of surveillance technology, as defined in section 14-188 of the administrative code, complies with the terms of the applicable surveillance technology impact and use policy;
2. describe any known or reasonably suspected violations of the surveillance technology impact and use policy, including but not limited to complaints alleging such violations made by individuals pursuant to paragraph (6) of subdivision c of this section; and
3. publish recommendations, if any, relating to revisions of any surveillance technology impact and use policies.
d. 1. The commissioner shall, immediately upon appointment of the individual described in paragraph 2 of this subdivision, in addition to the investigatory work done in the normal course of the commissioner's duties, on an ongoing basis, conduct system-wide investigations, reviews, studies, and audits, and make recommendations regarding system-wide operations, policies, programs, and practices of the department of correction, with the goal of improving conditions in city jails, including but not limited to, reducing violence in departmental facilities, protecting the safety of departmental employees and incarcerated individuals, protecting the rights of incarcerated individuals, and increasing the public's confidence in the department of correction. The commissioner may consider, in addition to any other information the commissioner deems relevant, information regarding civil actions filed in state or federal court against individual correction officers or the city regarding the department of correction, notices of claim received by the comptroller filed against individual correction officers or the city regarding the department of correction, settlements by the comptroller of claims filed against individual correction officers or the city regarding the department of correction, complaints received and investigations conducted by the board of correction, complaints received and any investigations regarding such complaints conducted by the department of correction, complaints received pursuant to section 804, and any criminal arrests or investigations of individual correction officers known to the department of investigation in its ongoing review of the department of correction.
2. No later than 90 days after the effective date of the local law that added this subdivision, the commissioner shall appoint an individual responsible for implementing the duties described in paragraph 1 of this subdivision and shall report to the council regarding the identity and qualifications of such individual, the number of personnel assigned or to be hired to assist such individual as deemed necessary by the commissioner, and the details of the management structure covering them. In the event such individual is removed or resigns, the commissioner shall replace such individual within 90 days of such removal or resignation and shall provide notification of such replacement, and the identity and qualifications of the new individual responsible for overseeing the implementation of the duties described in paragraph 1 of this subdivision.
3. No officer or employee of an agency of the city shall take any adverse personnel action with respect to another officer or employee in retaliation for such person making a complaint to, disclosing information to, or responding to queries from the commissioner pursuant to activities undertaken pursuant to paragraph 1 of this subdivision unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any officer or employee who believes he or she has been retaliated against in violation of this subdivision may report such action to the commissioner as provided for in subdivision c of section 12-113 of the administrative code.
4. The department's website will provide a link for individuals to report any problems and deficiencies relating to the department of correction's operations, policies, programs and practices. Individuals making such reports will not be required to provide personally identifying information.
e. 1. For any investigation made pursuant to subdivision a or b of this section, the commissioner shall prepare a written report or statement of findings and shall forward a copy of such report or statement to the requesting party, if any. In the event that any matter investigated, reviewed, studied, or audited pursuant to this section involves or may involve allegations of criminal conduct, the commissioner, upon completion of the investigation, review, study, or audit, shall also forward a copy of his or her written report or statement of findings to the appropriate prosecuting attorney, or, in the event the matter investigated, reviewed, studied, or audited involves or may involve a conflict of interest or unethical conduct, to the conflicts of interest board.
2. For any investigation, review, study, or audit made pursuant to paragraph 1 of subdivision c or any investigation, review, study, or audit undertaken to examine system-wide operations, policies, programs, and practices made pursuant to paragraph 1 of subdivision d of this section, the commissioner shall prepare a written report or statement of findings and, upon completion, shall forward a copy of such report or statement to the mayor, the council, and either the commissioner of correction or the police commissioner, as applicable. Within 90 days of receiving such report or statement, the police commissioner or commissioner of correction, as applicable, shall provide a written response to the commissioner, the mayor, and the council. Each such written report or statement, along with a summary of its findings, as well as the reports described in paragraph 3 of this subdivision, shall be posted on the department's website in a format that is searchable and downloadable and that facilitates printing no later than 10 days after it is delivered to the mayor, the council, and either the department of correction or the police department, as applicable. The commissioner may redact such report or statement as necessary to preserve safety and security in the facilities under the control of the department of correction. All such reports, statements, and summaries so posted on the department's website shall be made easily accessible from a direct link on the homepage of the website of the department.
3. In addition to the reports and statements of findings to be delivered to the mayor, the council, the commissioner of correction, and the police commissioner pursuant to paragraph 2 of this subdivision, there shall be an annual summary report on the activities undertaken pursuant to paragraph 1 of subdivision c and paragraph 1 of subdivision d of this section containing the following information: (a) a description of all significant findings from the investigations, reviews, studies, and audits conducted in the preceding year; (b) a description of the recommendations for corrective action made in the preceding year; (c) an identification of each recommendation described in previous annual reports on which corrective action has not been implemented or completed; and (d) the number of open investigations, reviews, studies, or audits that have been open, as of the close of the preceding calendar year, for a time period of (1) six months up to and including one year, (2) more than one year up to and including two years, (3) more than two years up to and including three years, and (4) more than three years; (e) the subject matter of each investigation, review, study, or audit relating to the police department that has been open, as of the close of the preceding calendar year, for more than three years; (f) the number of incidents where the police department did not give access to information requested by the commissioner in the performance of the duties described in paragraph 1 of subdivision c of this section, in (1) closed investigations, and (2) investigations that have been open for more than three years; and (g) the number and subject matters of investigations, reviews, studies, and audits relating to the police department that were closed without issuing a report during the preceding calendar year. The annual summary report required by this paragraph relating to the police department shall be completed and delivered to the mayor, the council, and the police commissioner on April 1, 2015 and every April 1 thereafter. The annual summary required by this paragraph relating to the department of correction shall be completed and delivered to the mayor, the council, and the commissioner of correction on April 1 beginning in 2018.
f. The jurisdiction of the commissioner shall extend to any agency, officer, or employee of the city, or any person or entity doing business with the city, or any person or entity who is paid or receives money from or through the city or any agency of the city.
g. The commissioner shall forward to the council and to the mayor a copy of all reports and standards prepared by the corruption prevention and management review bureau, upon issuance by the commissioner.
h. No later than 90 days after the enactment of the local law that added this subdivision, and annually thereafter, the commissioner shall submit to the council a report on total overtime hours recorded and total overtime paid to employees of the New York city housing authority for the prior calendar year. The data in such report shall be aggregated by borough and housing development and disaggregated by department and job title. Such report shall not contain any personally identifying information. Nothing within this subdivision shall limit the authority of the commissioner nor prevent the commissioner from reporting on any additional relevant information not specifically identified herein. In developing such report, the department shall seek the cooperation and assistance of the New York city housing authority.
i. No later than 90 days after the enactment of the local law that added this subdivision, and annually thereafter, the commissioner shall submit to the council a report on the number of small procurement contracts, as defined by New York city housing authority procurement rules, awarded during the prior calendar year. Such report shall include the dollar value of each contract, a description of the goods or services procured, the name of the vendor and the date the contract was awarded. The data in such report shall be aggregated by borough and housing development. Such report shall also include an analysis regarding whether or not any housing development may have awarded small procurement contracts in an effort to avoid compliance with New York city housing authority procurement rules. Nothing within this subdivision shall limit the authority of the commissioner nor prevent the commissioner from reporting on any additional relevant information not specifically identified herein. In developing such report, the department shall seek the cooperation and assistance of the New York city housing authority.
(Am. L.L. 2016/165, 12/6/2016, eff. 2/4/2017; Am. L.L. 2019/141, 7/27/2019, eff. 7/27/2019; Am. L.L. 2020/065, 7/15/2020, eff. 7/15/2020; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. L.L. 2025/114, 8/13/2025, eff. 8/13/2025)
