Figure 1 below shows the number of respondents for whom DAO sought reconsideration between 2016 and 2018:

Figure 1: Reconsideration Requests to CCRB 2016 – 2018

2016

2017

2018[31]

Total number of respondents whose CCRB cases were finalized

688

522

422

Total number of respondents for whom reconsideration was sought

122

165

60

Percentage of respondents for whom reconsideration was sought

18%

32%

14%

E.             Adjudication

If an officer elects to proceed to trial—or is not offered a settlement—the case is tried before the DCT or one of three Assistant Deputy Commissioners. That process applies regardless of whether DAO or APU is prosecuting the case. These proceedings are essentially bench trials: they take place in an NYPD trial room; most parties are represented by counsel; and both sides are given the opportunity to present evidence and call witnesses. Most trials last one to two days. Trials are open to the public, but trial calendars are not published.

At the conclusion of the trial, the trial commissioner issues a written decision, which includes a finding of guilt (or a determination that the officer is not guilty) and a disciplinary recommendation, if applicable. The trial commissioner makes those determinations and recommendations based on the evidence introduced during the proceedings. In making the penalty recommendation, the trial commissioner consults DCT’s precedential database of settlements and decisions. Like DAO and CCRB, DCT trial commissioners make aggregate penalty recommendations, rather than recommendations on a charge-by-charge basis. The written opinion is then sent to the First Deputy Commissioner for review.

F.             First Deputy Commissioner and Police Commissioner Review

A supervisor and two officers in the First Deputy Commissioner’s Office are responsible for evaluating disciplinary cases and making their disciplinary recommendations. The case file, including the First Deputy Commissioner’s penalty recommendation, is then sent to the Police Commissioner’s Office.

[31] The figures for 2018 reflect the full year’s data for cases in which CCRB recommends Command Discipline, training, or instruction, but are current only through November 30, 2018 for cases in which CCRB recommends Charges and Specifications.