NYC's Police Benevolent Association sues CCRB for the second time in weeks

For the second time in a month, the Police Benevolent Association, the largest police union in New York City, has sued a watchdog agency over allegations of unlawful release of police disciplinary records, officials said Friday.

In a complaint filed in Manhattan state court, the PBA accused the Civilian Complaint Review Board of releasing disciplinary records of officers in violation a state Freedom of Information law provision requiring individual police be notified of such requests.

According to the 34-page complaint, the police union accused the CCRB of "flouting" a requirement of the state disclosure law which calls for officers — and in fact any public employee — to be notified when their disciplinary records are requested under the information law.

"CCRB’s ongoing violation of a statute designed to promote fairness for police officers and other public employees is yet another example in a pattern of CCRB ignoring and trampling upon officers’ rights," the complaint alleged.

The Article 78 complaint asks that a New York State Supreme Court judge require the CCRB to notify officers of requests for their disciplinary files, as well as create required relevant procedures under the state Freedom of Information Act to assure compliance with the disclosure law.

In a statement, PBA president Patrick Hendry, long a critic of the CCRB, blasted it for its handling of complaints against officers.

"The CCRB is so thoroughly infected with anti-police bias that it refuses to comply with even the most basic requirements of fairness and due process under the law," Hendry said. "While the agency intentionally destroys officers’ careers and reputations every single day, it doesn’t even bother notify them before tarnishing their names forever with false accusations. It seems there is no rule CCRB will not bend or law it will not break to further its radical agenda."

In response to the latest legal filing, a CCRB spokesman said the agency carried out investigations which were "complete, thorough and impartial."

"The agency continually reviews all applicable laws and regulations’ regarding the public release of its records, including disciplinary histories of members of [the] service, to assure it is fully compliant," CCRB spokesman Dakota Gardner said.

In April, the PBA filed a federal lawsuit against the CCRB over another disclosure issue. In that case, the PBA accused the disciplinary agency of causing the circulation of unfounded complaints against officers on a third-party website.

In the federal complaint, the PBA accused the CCRB of circulation on the website “50a.org" complaints against officers without redaction even when they are determined to be unfounded.

Since 1993, the 15-member CCRB is empowered to investigate certain kinds of complaints against police officers, including improper use of force, discourtesy, abuse of authority and improper language.

In certain cases. the CCRB can bring administrative cases to trial against officers. It can also recommend penalties up to and including dismissal. But the police commissioner has final say on discipline.

By Anthony M. DeStefano

tony.destefano@newsday.comtonynewsday

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.