Preliminary Legislative Report Special * yy. v 7yp K o > vY A,' A ol / / Committee of the Board of Aldermen ( of The City of New York Appointed to Investigate the Police Department, Pursuant to Resolu¬ tion Dated August 5, 1912 >V & £ z.7 r The Special Committee, appointed August 5, 1912, by the Board of Aldermen of New York City, to investigate the Police Department, submits the following preliminary legislative report: Nature of This Report. This preliminary report upon legislation is sub¬ mitted at this time in order that it may be avail¬ able for use during the present session of the Legis¬ lature. In its final report the Committee will make a summary of its entire investigation, and set forth therein its general conclusions and recommenda- • tions upon administrative matters. Need of Legislation. The police problem is primarily one of adminis¬ tration. The present situation demands sustained administrative efficiency. There is no magic in the legislative printing press. New legislation should be chiefly for the purpose of improving the admin¬ istrative machinery of the Police Department. Sec¬ tions of the Charter needing amendment, together with the amendments recommended, we have sched¬ uled in Appendix A. Bills now pending before the Legislature, with our recommendations thereon, we have scheduled in Appendix B. Home Rule. The administration of the Police Department has been hampered by mandatory state legislation, con¬ trolling administrative routine. This is inimical to efficiency and subversive of discipline. State 4 Appointment, Tenure, Removal. Charges may be preferred by Board of Estimate and Apportion¬ ment or Board of Aldermen. Uncertain Tenure Destroys Discipline. lows at present deal with the organization of the department, its different ranks, grades, salaries, qualifications for appointment and promotion, man¬ ner of distribution of the force, platoons and tours, structure and quota of the detective bureau, traf¬ fic squad, the suspension, trial and punishment of delinquent policemen, etc. All such matters should be left entirely to local authorities. The Police Commissioner. The Police Commissioner should be appointed by the Mayor for a term of eight years, and should be eligible for reappointment. He should be subject to removal by the Governor, and also by the Mayor, but in either case only after charges preferred and after he has been given opportunity to defend him¬ self in a public hearing. In addition to the right of the Mayor to prefer charges, the Board of Estimate and Apportionment or the Board of Aldermen, by majority vote, should be given the power to prefer charges against the Police Commissioner, and it should be provided that such charges must be heard by the Mayor at a public hearing, after reasonable notice. This change should not take effect until January 1, 1914. We believe this recommendation to be of vital importance. During the past eleven years we have had eight commissioners appointed by Mayors of different temperaments and political faiths. There have been three Commissioners during the present city administration. The brief and uncertain ten¬ ure of the Commissioner has seriously impaired the * efficiency of our police administration. Former Commissioners have testified before us'that the force does not respect its head. Captains and inspectors upon our witness stand have shown this lack of re¬ spect, This is a deplorable situation, and should not be tolerated. 5 It has been said that the policy of the Police Department should be the Mayor’s care and respon¬ sibility, and that he should have the power to re¬ move the Commissioner at will. The appointment of a Commissioner should not be a matter of poli¬ tics. Moreover, there should be no such thing as a “policy” with respect to the enforcement of law. Unenforceable laws should be repealed. People who disapprove of them should seek relief from the Legislature, not from the Police Department. The Police Department should no more have a “policy” with respect to the enforcement of law than the United States army should have a policy in foreign affairs. In this respect the Police Department is essen¬ tially different from other departments. Moreover, it is unique in its difficulties and problems. Hence, eight commissioners in eleven years. The Com¬ missioner must have long experience in the depart¬ ment to become efficient. General Bingham, who has served the longest period as Commissioner, has testified before us that it takes between one and two years for a Commissioner to acquaint himself with the conditions and circumstances confronting him. The Commissioner should know the history and character of every superior officer. He should study and learn the spirit of the force at large, in order that he may sympathize with it, or combat it, as occasion requires. Deputy Commissioners and Inspec¬ tors. The increase or decrease in the number of Deputy Commissioners should be determined by the Board of Estimate and Apportionment and the Board of Aldermen. The present method of appointment and demotion of inspectors should be continued, but the power to alter this method should be vested in the Board of Estimate and Apportionment and Should be no “ policy ’’ of enforcement of law. Police Department Unique. Number of deputies and inspectors to be determined by local authorities. Chief of Police with fixed powers not favored. Studied only as police problems. Graft to be eliminated by effective administration. Department of Public Morals opposed. 6 the Board of Aldermen, and not controlled by legis¬ lative enactment. We have been much impressed with Mayor Gaynor's suggestion that more deputies and fewer inspectors are needed just at the present time. We think it important that a Commissioner should be able to choose a uniformed cabinet as well as a civilian cabinet, and these in such num¬ bers as occasion requires. Therefore we do not favor the appointment of a permanent Chief of Police. A Commissioner should have power, as at present, to select a Chief Inspector as the head of the uniformed force, and to prescribe for him ap¬ propriate duties and authority. To create a Chief of Police with authority fixed by law would be to create a subordinate more powerful within the limits of his authority than the Commissioner. Gambling 1 and Prostitution. The Committee has considered these subjects only as they involve police problems under present laws. We have not studied them as moral problems. Such investigation would have been beyond the scope of the resolution under which the Committee was ap¬ pointed. We have received shocking evidence of a widespread corrupt alliance between the police and gamblers and disorderly house keepers. The elim¬ ination of this grafting is one of the most difficult and important problems with which we are con¬ fronted. Believing, however, that the problem is essentiallv an administrative one, Ave shall deal comprehensively with it in our final report. We feel that a Commissioner with a fixed tenure, with an adequate staff of deputy commissioners, with an ample fund for the engagement of a secret service entirely outside of the department, Avould in time secure and maintain an administrative efficiency that would reduce this eAil to a minimum. We are opposed to transferring the enforcement of these laws to a Department of Public Morals, as 7 provided in a bill now pending before the Legisla¬ ture. We are also opposed to the suggestion that a Board of Social Welfare be established for the same purpose. These.suggestions have been almost unanimously condemned by former commissioners, deputy com¬ missioners, and other public men appearing before us. The responsibility for law enforcement should not be divided between two commissioners or agen¬ cies. To place the responsibility in the hands of 200 or 300 “morals policemen” would have a tendency to lose the information which should result from the daily observations of 10,000 policemen covering every square inch of the City of New York. Evi¬ dence before us has shown that a proper system of reports from the latter would be of inestimable value to a Commissioner in ascertaining conditions and enforcing these laws. Contact cannot be entirely removed because po¬ licemen must still enter gambling and disorderly houses and saloons for the purpose of enforcing laws against larceny, burglary, assault, murder and many other crimes. This might cause either fric- tion or collusion between the two police forces, and would not eliminate the collection of graft. The standard of men deliberately enlisting for service in a department having jurisdiction only over gambling and disorderly houses, whether re¬ cruiting from within or without the Police Depart¬ ment, would certainly be very low. The suggested bills provide that there shall be no civil service restriction, and thus they turn back the clock of civil service reform. Moreover, even if any such change be desirable, it is clearly a subject which should be left entirely to local administrative and legislative authorities. Such department would divide responsibility; cannot remove contact; would lower standard of men; would be against civil service reform; matter for local determination. 8 Home Rule recommended. No legislation until completion of investigation . 1 Photographs and measurements of those held by magistrate on felony charge. Removal after acquittal discretionary with court. Excise. We recommend that excise regulation for the* City of New York be determined by local legislative authority. We feel that this subject is essentially one demanding home rule. Pensions. We are having made a thorough and exhaustive study of the pension system of the Police Depart¬ ment, including its past workings and probable fu¬ ture results to the taxpayers of the. City. We have gone far enough to discover that a pension fund once boasting a surplus is now bankrupt, and mak¬ ing constantly increasing demands. A trained corps of experts is making this investigation, which is not yet completed. Any recommendation by us at this time would be premature. We think no pen¬ sion legislation placing a further load upon the City should be passed at the present session. We shall deal with the subject fully in our final report. Rogues’ Gallery. We recommend a law authorizing the Police De¬ partment to photograph and take linger prints and measurements of all persons held by a magistrate or on a bench warrant upon a charge constituting a felony. In the event of the acquittal of the de¬ fendant, the return of these records to be ordered in the discretion of the judge trying the case. In the event of a dismissal of the charge by the Grand Jury, the records to be returned to the defendant upon application. A law to this effect has been strongly urged before us by judges, district attor¬ neys and officials of the Police Department, past and present. 9 Special Patrolmen. We recommend that no special patrolmen be ap¬ pointed until a bond lias been filed to indemnify those who may suffer by misconduct of such special patrolmen. Boiler Squad. The inspection of steam boilers and the licensing of stationary engineers are not police functions, and should be placed under a bureau to be established for that purpose by local authorities. House of Detention. The House of Detention for witnesses should be removed from the Police Department, and should be placed within the jurisdiction of the Department of Correction. MISCELLANEOUS SUBJECTS. Administrative Routine. We recommend changes in various minor mat¬ ters of administrative routine, as will appear more fully in Appendix A. Perjury. We endorse the recommendation of the District Would stop Attorney that the Penal Law should provide that turmn s out anyone who swears upon two different occasions in a criminal proceeding in a materially different way, upon a material point, should be liable to punish¬ ment without reference to which statement be true and which false. Although the District Attorney and the court see perjury wilfully committed in the recantation of statements, it is usually impossible 10 to prosecute, because of lack of proof as to which statement is true and which false. This will reach the evil of police officers “-turning out” cases. Health Department. We recommend that the Police Commissioner be relieved from his duty as a member of the Board of Health. His duties in the Police Department are more than enough to occupy his time and energy. Respectfully submitted, HENRY H. CURRAN, Chairman; RALPH FOLKS, JAMES HAMILTON, O. GRANT ESTERBROOK, W. AUGUSTUS SHIPLEY, FRANK L. DOWLING, FRANCIS P. KENNEY, JAMES J. SMITH. ROBERT F. DOWNING, Secretary. EMORY R, BUCKNER, Counsel. 11 APPENDIX A. Suggested Amendments to Specific Sections of the New York Charter. Section 270. Police Commissioner — Salary; Dep¬ uties; Salaries, Etc. This section should be amended to conform to the recommendations heretofore made. The Commis¬ sioner should be appointed upon January 1, 1914, for a period of eight years, should be eligible to re¬ appointment, should be removable either by the Governor or the Mayor, but only upon charges, and after a public hearing. In addition to the right of the Mayor to prefer charges, the Board of Estimate and Apportionment or the Board of Aldermen, by majority vote, should be given power to prefer charges against the Police Commissioner, and it should be provided that such 1 charges must be heard by the Mayor at a public hearing, after reasonable notice, and with oppor¬ tunity for the Commissioner and witnesses to be heard. The salary of the Commissioner, the number of deputies and their salaries, should be determined by the local authorities. Section 272. Police Commissioner; Authority To Make and Enforce Rules and Regulations. Should be amended to give the Police Department the undisputed right to photograph and take finger prints and identification measurements of all per¬ sons held by a magistrate, or upon a bench warrant, upon a charge constituting a felony. In the event of a discharge by the Grand Jury, the defendant should have the right to receive from the Police De¬ partment these records. In the event of an acquit¬ tal upon an indictment, it should be left to the dis- 12 cretion of the judge trying the ease, whether the defendant should receive these records. Section 281. Police Force; Qualifications of Mem¬ bers; Publishing Names and Residence of Ap¬ plicants and Appointees. Should he amended, substituting for the “City Record” two daily papers in New York City of at lease 100,000 paid circulation. Section 288. Promotions. The length of time in which a patrolman must have served in a particular grade before being eligi¬ ble for promotion should be left to the Civil Service Commission. The provisions with reference to inspectors should be left as at present, except that the word “nineteen” should be stricken out, leaving the num¬ ber of inspectors to be determined by the local au¬ thorities. Section 290. Central Office Bureau of Detectives. The grades and salaries of detectives, and the maximum number thereof should be determined by the local authorities. Section 292. Police Commissioner; Duties and Powers. Should be amended, giving the Commissioner power to suspend policemen without pay pending investigation of alleged misconduct and trial of charges. If the charges are dismissed, no pay to be forfeited. Under the present law the Commissioner lias no right to suspend without pay until the ser¬ vice of written charges. If the charges are sus¬ tained, pay can be forfeited under the present law only from the time of suspension after written charges have been served, and not from the time of suspension before such service of written charges. 13 The last sentence of this section, “Said Police Commissioner may grant leaves of absence to mem¬ bers of the force for a period not exceeding five days,” is apparently modified by Section 303. In any event, it should be repealed for reasons given under Section 303. Section 299. Salaries of Officers and Members of the Force. The creation of grades, ranks and the fixing of salaries should be determined by the local authori¬ ties. Section 300. Police Commissioner ; Rules, Etc., For Government and Discipline of Police De¬ partment and Police Force; Trials; Dismissals. The mandatory direction to the Commissioner to provide two places for trials of policemen, each cov¬ ering certain boroughs, should be repealed. This is a matter of administrative routine and should be left to the discretion of the Police Commissioner. To make this section conform to the recommen¬ dation made under Section 292, with reference to suspension, the word “suspended” should be stricken out in the sentence providing that no man shall be suspended until written charges have been preferred against him. The word “reprimanded’ should be stricken out because the Commissioner will have power under another section to reprimand a police¬ man, after a trial and upon conviction, and it may well be that some future Commissioner will desire to establish a system of demerits or reprimands by captains and inspectors. The presence of this word “reprimanded” in this section might prove an ob¬ struction. It serves no useful purpose as it stands, because it preserves no substantial right. 14 Section 302. Police Commissioner; Punishments Uy; Limitations of Suits for Reinstatements, Etc. The Commissioner should be given the right to delegate to a Deputy, or to any member of the uni¬ formed force, power to conduct trials and impose punishment upon delinquent policemen. The Com¬ missioner should have the right to revoke or modify any such punishment within thirty days from the time of its imposition. This is extremely impor¬ tant. Although the law provides that the Commis¬ sioner may delegate the power to conduct a trial to a Deputy, he himself must find the delinquent guilty and assess the punishment. The Corporation Coun¬ sel has written an opinion recently to the effect that in all cases the Commissioner must read the minutes of the trial, unless he himself presided thereat. Heretofore it has been the practice for the Com¬ missioner to read the minutes onlv in those cases t/ where dismissal was imposed as a punishment. During 1911 two thousand three hundred and eighty-eight members of the Department were either fined or punished. The Commissioner, under the opinion of the Corporation Counsel, must read the minutes in every case, and personally impose the punishment. This places too much burden upon the Commissioner. The provision that the Com¬ missioner may modify or revoke the sentence of a Deputy or member of the uniformed force gives sufficient protection to policemen and prevents any subordinate from having more power than the Com¬ missioner himself. The recommendation that this right of delegation be extended to members of the uniformed force is made because a Commissioner may desire to establish a system of trial for minor offences by captains and inspectors. It is a waste of time to try men at headquarters for appearing in broken collars or unblacked boots. 15 The Commissioner should have the right in his discretion to have forfeited or withheld in monthly installments the pay of policemen fined. Section 303. Police Force; Resignation and Ab¬ sence on Leave . * . • . . ■ . . • • ••»*..' .*. •» y.. /■.. • The twenty-day limit should be repealed. Occa- •14 ■ • . ■ f* J • - ' fe ** sions frequently arise where policemen are called upon to perform extended extra duty. Strikes, riots, emergencies of various kinds impose hard¬ ships. The Commissioner should have the right to compensate for unusual service by granting leaves of absence with pay. If lie cannot be trusted with such a detail, he should not be trusted with the Police Department. That portion of this section dealing with resig¬ nations has given rise to considerable discussion by witnesses before us because of ambiguities. We suggest that it be amended to read as follows: • *- .. • **. •'*. • J .. • * - „*• A.% i. “Under penalty of dismissal, no member of the police force shall withdraw or resign, ex¬ cept by the permission of the Police Commis¬ sioner. If any member of the police force be absent for five consecutive days without leave, the Commissioner may, in his discretion, dis¬ miss such member without notice or trial.” Section 308. Police Force; Special Patrolmen; When May Be Appointed; Military Assistance. One of the several objections urged against the appointment of special patrolmen is that the cor¬ poration or individual employing them is not liable for their misconduct, since they are peace officers. We recommend that this section be amended to pro¬ vide for the filing of a bond in the sum of $2,000, for each special patrolman to indemnify anyone injured through his misconduct. 16 Sections 312, 313, 314. These sections provide for the detail of police officers to the Department of Health the Depart¬ ment of Public Parks, and the Department of Bridges. A section in the Tenement House Law also provides for the detail of police officers to the Tenement House Department. These provisions should be repealed. We have not been impressed by the reasons advanced for- this farming out of po¬ licemen to other city departments. Section 321. Police Commissioner; To Provide Ac¬ commodations for Detention of Witnesses. We ag ree with Commissioner Waldo and many of his predecessors that the House of Detention should not be under the jurisdiction of the Police Depart¬ ment. It should be transferred to the Department of Correction. Sections 342-345. Boiler Inspection ' and Station¬ ary Engineers. We recommend that boiler inspection and licens¬ ing of engineers be removed from the Police Depart¬ ment and placed under the charge of a bureau to be established for the purpose by local authorities. Section 350. Special Patrolmen for District Tele¬ graph Officers. Should be repealed, provision for special patrol¬ men being made by Section 308. Sections 351-358. Police Pensions. No pension legislation whatever should be en¬ acted at this session, for reasons already given. Section 1543-A. Police and Fire Commissioners May Rehear Charges and Reinstate Members of Force. We recommend the repeal of this section. Our investigation shows conclusively that its provisions 17 i i are inimical to discipline. The present right of a dismissed policeman to secure a court review af¬ fords him ample protection against an unjust dis¬ missal. Three Platoon Law. The present tliree-platoon law should be con¬ tinued until changed by local authorities. All such matters should be determined by local legislation. 18 t u i v y 'V(" APPENDIX B. Pending Bill Affecting Administration of the Police Department, to which our Attention has been Galled. i ;; »• ;; [\ t , i ' ! ! . a 1 • . *i ' . ■ ■ ■ ■ . < Assembly No. 1225, Irit. 1146, Mr. Hammer. Authorizes the Police Commissioner, in his dis¬ cretion to reinstate William H. Finley, a resigned member of the Police Department, to the position of patrolman. It recites that William H. Finley resigned from the Department in 1902. We oppose this bill as special legislation. Assembly No. 282, Int. 278, Mr. Taylor. r Amends Section 1543-a of the Charter, extending the operation of such section to include a demo¬ tion as well as a dismissal. Inasmuch as we favor a repeal of Section 1543-a, we oppose this exten¬ sion. :■■ ■>■ /1 : : Assembly No. 293, Int. 289, Mr. Ingram. ‘■C • i i. :';••• / I >f > - Identical with above. ) * * ' * ; ' /I U j. j 'A A y r f _ . . . . t Assembly No. 567, Int. 553, Mr. Ingram. {.Identical with above. * * * * * J . f /X ' ■ ' * * 1 ' ’ '• * * in if HI . . t ■ ■ ■ i ■ -: i ; ,• ' . j . t ■. f Assembly No. 1157, Int. 1084, Mr. McMahon. Provides- for the absorption of the members of the Aqueduct Police into the Police Department of New York City, without examination or qualifica¬ tion. We oppose this bill, because such matters should be determined by local authorities. r mtm> :>d faitjtnl? f; t *»;■.•< iv , r >0 v •• Assembly No. 1043, Int. 991, Mr. Greenberg. J ! f; • i Creates a Department of Public Morals to take charge of the enforcement of laws regarding gam- 19 bling, prostitution and excise. It creates a large staff of captains, lieutenants, sergeants, doormen, surgeons and policemen, all “public morals’’ offi¬ cers without any civil service restrictions. We oppose this bill for reasons already given. Senate No. 156, Int. 154, Mr. Griffin. Fixes salaries of members of the police force. Salaries should be determined bv the local authori¬ ties. * ' "" , ' " . . ’ ^ a - JL Assemblv No. 458, Int. 453, Mr. Willmott. Provides that a member of the force arrested for a crime, shall not be dismissed upon charges based upon the same facts until final determination of the criminal charge. This is inimical to discipline, and an interference with administrative routine. Members of the Police Department awaiting trial upon criminal charges should not be continued in the Department if the Commissioner has in his possession facts sufficient to justify their dismissal. Senate No. 663, Int. 608, Mr. Boylan. This bill provides that no 'fine or demerit shall be counted against a member of the Police or Fire De¬ partment for promotion unless the same has been imposed within three years of the time of examin¬ ation for promotion. We oppose it as an interfer¬ ence with civil service administration. Assembly No. 738, Int. 709, Mr. Caughlan. Identical with above. Senate No. 420, Int. 399 ? Mr. White. Amends the present three-platoon law. We op- pose all such laws because they should be deter¬ mined by local legislation. 20 Senate No. 770, Int. 710, Mr. Frawlev. Provides that police matrons shall receive the same salary as patrolmen. We oppose this bill be cause salaries of members of the Department should be determined by local authorities. Police administration in New York City can never become efficient so long* as bills similar to these here scheduled are passed by the Legisla¬ ture. Matters of administrative rou¬ tine must be left to the Police Com¬ missioner. Matters of Civil Service administration must be left to the Civil Service Commission. Matters of police quota, ranks, grades, salar¬ ies must be left to the Board of Esti¬ mate and Apportionment and the Board of Aldermen.