City responds to release of confidential information by PAB

It remains the City’s legal position that the Police Accountability Board, per its charter, does not have the authority to publish internal investigative reports, and that publication of such reports, redacted or otherwise, violates local law, the automatic stay of the Fourth Department’s decision in the NYCLU matter, and the City’s own Code of Ethics.  

The PAB’s charter clearly defines its ability to publish data on the receipt and disposition of complaints, and aggregated quarterly and annual reports setting forth that information. The information released on Sunday is neither of those things.

The public release of allegations of wrongdoing that may be or have already been determined to be inaccurate is dangerous. Any attributions of an employee’s name to a report – whether that attribution is correct or incorrect – can have lasting impacts on that employee’s personal and professional lives.

The City provided its legal perspective to the PAB staff and board in a detailed, four-page letter on Friday, Sept. 20.