Section 457. Protocols  


Latest version.
  • a. Police Department. Within ninety days after the
      appointment of the last member of the board  pursuant  to  section  four
      hundred and fifty, the board and the police commissioner shall establish
      a  protocol  pursuant  to  which  information  shall  be  exchanged  and
      cooperation  between  the  board  and  the  department  facilitated   in
      accordance with the provisions of this chapter. Such protocol shall also
      provide  for  means of avoiding and resolving potential disputes arising
      out of investigations independently undertaken by both the board and the
      department.
        b. District Attorneys. Within ninety days after the appointment of the
      last member of the board pursuant to section four hundred and fifty, the
      board shall enter into a protocol  with  each  of  the  city's  district
      attorneys  pursuant to which information shall be exchanged, cooperation
      between the board and the district attorneys facilitated, and  potential
      disputes  arising  out of investigations independently undertaken by the
      board and a district attorney's office shall be  avoided  and  resolved.
      Any  investigation  undertaken by the board pursuant to paragraphs three
      or four of subdivision a of section four hundred and fifty-one shall  be
      conducted  in accordance with the provisions of the applicable protocol,
      if any, entered into pursuant to this  subdivision.  Provided,  however,
      that  the  lack  of  a  protocol  pursuant to this subdivision shall not
      prohibit the board from undertaking any investigation authorized by this
      chapter.
        c. Civilian Complaint Review  Board.  Within  ninety  days  after  the
      appointment  of  the  last  member of the board pursuant to section four
      hundred and fifty, the board and the  civilian  complaint  review  board
      established  pursuant  to  chapter  eighteen-a  of  this  charter  shall
      establish a protocol pursuant to which (i) the board, if in  the  course
      of  any  assessment,  audit  or  investigation  undertaken  pursuant  to
      subdivision a of section four hundred and fifty-one, forms a  reasonable
      belief  that  any  act  of  misconduct,  as  defined in paragraph one of
      subdivision c of section four hundred and forty  of  this  charter,  has
      occurred or is occurring, shall as soon as practicable, report the facts
      that  support  such  belief to the civilian complaint review board; (ii)
      the  civilian  complaint  review  board,  if  in  the   course   of   an
      investigation  authorized pursuant to chapter eighteen-a of the charter,
      forms a reasonable belief that any act of corruption has occurred or  is
      occurring,  shall  as soon as practicable, report the facts that support
      such belief to the board; and (iii) information shall be  exchanged  and
      cooperation between the boards facilitated.