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Form a Business

Initial Procedures

RCNY tit. 38-A, ch. 1, subch. B
in effect

38-A RCNY § 1-11 Filing Complaints.

§ 1-11 Filing Complaints. (a) An Alleged Victim, a parent, legal guardian or legal representative if the Alleged Victim is a minor, or any individual having Personal Knowledge (as defined in 38-A RCNY § 1-01) of alleged misconduct by a member of the New York City Police Department, each have standing to file a complaint. (b) Complaints of alleged police misconduct filed by Reporting Non-Witnesses (as defined in 38-A RCNY § 1-01) may be investigated at the discretion of the Executive Director or Chair of the Board. Among the factors to be considered are: the nature and/or severity of the alleged misconduct, the availability of evidence and/or witnesses, the ability to identify officers and civilians involved, the practicability of conducting a full investigation within the time prescribed by the statute of limitations and the numbers of complaints received by the Board regarding the incident. (Amended City Record 1/2/2018, eff. 2/1/2018; amended City Record 2/24/2021, eff. 3/26/2021)

38-A RCNY § 1-12 Written Complaints.

§ 1-12 Written Complaints. Written complaints may be sent to the Board's offices by mail or email or may be submitted in person at that office during operating hours. Written complaints may be filed on forms furnished by the Board. The Board will accept written complaints filed at local precincts and forwarded by the Police Department. The Board will also accept complaints submitted through the CCRB's website and by such other methods as the Board may determine. (Amended City Record 1/2/2018, eff. 2/1/2018)

38-A RCNY § 1-13 Telephone or In-Person Complaints.

§ 1-13 Telephone or In-Person Complaints. Telephone complaints will be received twenty-four hours a day, seven days a week by the Board. Complaints can be reported in person at the Board office during operating hours. Complaints may also be filed at public locations to be designated by the Board. (Amended City Record 1/2/2018, eff. 2/1/2018)

38-A RCNY § 1-14 Board Initiated Complaints.

§ 1-14 Board Initiated Complaints. The Board may delegate its power to initiate complaints to the Civilian Complaint Review Board's Chair, Executive Director, General Counsel, or Board member panel, subject to any conditions deemed appropriate by the Board. The authority delegated to the Chair, Executive Director, General Counsel, or Board member panel to initiate complaints may be revoked by the Board. (Added City Record 9/22/2022, eff. 10/22/2022)

38-A RCNY § 1-15 Referrals of Complaints.

§ 1-15 Referrals of Complaints. (a) Where the Board receives allegations about persons or matters falling within the sole jurisdiction of another governmental entity (and not that of the Board), the Chair or the Executive Director will refer such allegations to such other governmental entity. (b) Where the Board receives allegations about persons or matters falling partly within the sole jurisdiction of another governmental entity (and not that of the Board) and partly within the joint jurisdiction of both the other governmental entity and the Board, the Chair in consultation with the Executive Director may refer the entire complaint to the other governmental entity if in the determination of the Chair, in consultation with the Executive Director, it is appropriate for the entire complaint to be investigated by one single governmental entity. (c) The Board can investigate any complaint or allegation that falls within the Board's jurisdiction, regardless of whether another governmental entity is investigating or has previously investigated the same complaint or allegation. (Amended City Record 1/2/2018, eff. 2/1/2018; amended City Record 2/24/2021, eff. 3/26/2021; amended City Record 9/22/2022, eff. 10/22/2022)

38-A RCNY § 1-16 Late Complaints.

§ 1-16 Late Complaints. (a) When a complaint is filed with the Board after the 18-month statute of limitations has expired pursuant to Civil Service Law § 75(4), the Chair in consultation with the Executive Director will determine whether to investigate the complaint. (b) When a complaint is filed with the Board more than one year after the incident, the Chair in consultation with the Executive Director will determine whether to investigate the complaint. (c) Among the factors to be considered in determining whether to investigate complaints made after one year or after the 18-month statute of limitations has expired are: the nature and/or severity of the alleged misconduct, the availability of evidence and/or witnesses, the ability to identify officers and civilians involved, the practicability of conducting a full investigation within any applicable limitation period, the reason for the late filing and the numbers of complaints received by the Board regarding the incident. (Added City Record 1/2/2018, eff. 2/1/2018; amended City Record 9/22/2022, eff. 10/22/2022)

38-A RCNY § 1-17 Notification to the Police Department.

§ 1-17 Notification to the Police Department. With respect to complaints about officers and matters within the Board's jurisdiction, the Board will notify the Police Department of the actions complained of within a reasonable period of time after receipt of the complaint. (Amended City Record 1/2/2018, eff. 2/1/2018; amended City Record 9/22/2022, eff. 10/22/2022)

38-A RCNY § 1-18 Receiving Notice Regarding an Act of Bias or Severe Act of Bias.

§ 1-18 Receiving Notice Regarding an Act of Bias or Severe Act of Bias. (a) If, after consultation with the Board on the time, form, and manner of the notice, a covered entity that is an agency makes a final determination that a member of the Police Department engaged in an act of bias or a severe act of bias, such covered entity shall provide a copy of such final determination to the Board within ten (10) days. (b) At least once every 3 months, the Board shall request from each covered entity that is not an agency, except a court with jurisdiction within the state of New York, information about final determinations made by such entity that a member of the Police Department engaged in an act of bias or severe act of bias, including final determinations made on or after January 1, 2016. (c) The Board shall consult with the Law Department and may also consult with the five District Attorney's Offices within the City of New York and the United States Attorney's Offices for the Eastern and Southern Districts of New York to obtain information about final determinations by a covered entity that is a court with jurisdiction within the state of New York that a member of the Police Department has engaged in an act of bias or severe act of bias, including final determinations made on or after January 1, 2016. (Added City Record 9/22/2022, eff. 10/22/2022)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-78611Fetched: 10/24/2026

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