guidance concerning when violations of Patrol Guide § 203-08, versus other provisions, should be charged.

4.              Practices that Encourage or Condone False Statements

One stakeholder told the Panel that certain historic practices may contribute to a culture in which false statements are condoned. The specific practice that the stakeholder cited was the “handing off” of arrests, in which the actual arresting officer allows a colleague to prepare the arrest report, become the “arresting officer,” and earn the overtime that often comes with that designation. Many stakeholders reported that supervisors tolerate this practice and that their tolerance promotes a culture in which more egregious falsehoods occur.

B.             The Department’s Handling of Domestic Violence Cases

The Panel examined how the Department disciplines its members when they are involved in domestic violence incidents. Officer-involved domestic violence (“OIDV”) is of particular concern because of its implications for victims, the public, and the Department.

From a victim’s perspective, there are special concerns in any domestic violence incident involving a police officer. Many members of the Department are armed, which can escalate domestic violence incidents and intimidate victims. Some Department members may also be able to intimidate victims in other ways because they may have access to information and databases that the civilian population does not, and may be familiar with the services and aid networks available to victims. There are also barriers that prevent OIDV victims from reporting abuse because the responding officer may be a coworker or friend of the perpetrator. A victim may fear that reporting an incident will result in a spouse or partner losing his or her job and livelihood.

As the Department recognizes, OIDV incidents implicate the Department’s obligation to police its own members and to keep the public safe from those who may be ill-suited for the authority that comes with the job. Domestic violence incidents could be a warning sign for other issues in the execution of an officer’s public-facing duties—such as the use of excessive force—and can call into question whether an individual possesses the temperament required to be an officer of the NYPD.[106]

1.              Review of OIDV Discipline in the NYPD: 2016-2017

The Panel has examined OIDV disciplinary cases that the Department adjudicated in 2016 and 2017. There were 36 cases in which a Department member was disciplined for

[106] See Anna Joseph, Behind Closed [Blue] Doors: Officer-Involved Domestic Violence and § 1983’s Potential, 2 J. L. & Pub. Aff. 230, 235, 249-50 (2017); Philip M. Stinson & John Liederbach, Fox in the Henhouse: A Study of Police Officers Arrested for Crimes Associated with Domestic and/or Family Violence, Crim. Just. Fac. Publ’ns at 1, 19, 25 (2013).