New York City Council members are pushing to remove the police commissioner’s authority to override disciplinary actions against officers accused of misconduct. This follows a ProPublica investigation revealing NYPD Commissioner Edward Caban's frequent use of "retention" to privately resolve cases, often resulting in no penalties for the officers involved.
The Office of the Inspector General for the NYPD has begun an independent investigation into Caban’s practices. ProPublica's report highlighted instances where Caban prevented serious allegations from being publicly heard, with the Civilian Complaint Review Board (CCRB) identifying some officers’ actions as potentially criminal. Victims were often unaware their cases were dismissed, and the decisions were disclosed months later.
Councilmember Alexa Avilés stated, "The commissioner shouldn’t have the power of retention." Councilmember Tiffany Cabán emphasized the need to repeal this authority. The controversial power stems from a 2012 memorandum allowing the CCRB to prosecute misconduct while permitting the NYPD to retain certain cases.
Christopher Dunn of the New York Civil Liberties Union commented, "We said at the time that the memorandum of understanding was a bad idea. We now know it creates problems. And it should be rescinded." Overturning this power would be challenging, requiring either NYPD cooperation or legislative changes by the City Council.
Public Advocate Jumaane Williams noted the council's limited capacity without NYPD's agreement but stressed the necessity of challenging the current system. Last year, Williams and Avilés co-sponsored transparency legislation, which passed despite resistance from the mayor and NYPD. Avilés remarked, "When we try to legislate anything about the NYPD, we get furious pushback."
Caban defended his use of retention, asserting compliance with the memorandum. Mayor Eric Adams’ spokesperson supported Caban, stating he ensures fair policing. However, ProPublica found multiple instances where Caban's actions breached the memorandum’s guidelines, retaining cases involving officers with previous misconduct.
Civil rights groups, including LatinoJustice, are also contesting Caban’s handling of discipline, filing lawsuits over procedural delays. ProPublica reported seven stalled disciplinary cases, including one involving William Harvin Sr., who was repeatedly tasered despite attempting to retreat from an officer. LatinoJustice’s lawsuit claims NYPD’s delays are “arbitrary and capricious,” seeking court intervention to expedite trials.
ProPublica's findings show Caban has retained significantly more cases than his predecessors, blocking 54 officers’ trials in his first year, compared to eight by former Commissioner Keechant Sewell. Recently, Caban overturned a plea deal for an officer who wrongly threatened arrest, reducing the penalty from 20 to three vacation days.
Link: ProPublica
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