MEMORANDUM OF UNDERSTANDING BETWEEN ‘THE NEW YORK CITY POLICE DEPARTMENT AND ‘THE NEW YORK CITY CONFLICTS OF INTEREST BOARD FOR MUTUAL COOPERATION ‘Memorandum of Understanding (“Agreement”) dated Dectaber | & 2015, by and between the New York City Police Department (*NYPD") wiih offies at One Police Plaza, New ‘York, New York 10038, and the New York City Conflicts of Interest Board (*COIB") wit offices at 2 Lafayette Suect, New York, New York 10007 collectively “the Parties”) for mutusl cooperation into the investigation of conflicts of interest violations committed by NYPD members ofthe service MOS” or “Employees") WITNESSETH: WHEREAS, pursuant to Chapter 18 ofthe New York City Charter, the NYPD shall have the power and it shall be teir duty to preserve the public peace, prevent erime, detect and arrest offenders, ‘suppress rots, mobs and insurrections, disperse unlawful or dangerous assemblages and assemblages which obstruct be free passage of public streets, sidewalks, parks and places, protect the rights of persons and propery, guard the public health, preserve order at elections and all publie meetings and assemblages; subject tothe provisions of law and the rules and regulations ofthe commissioner of traffic, regulate, direct, control and restrict the movement of vehicular and pedestrian traffic forthe facilitation of trafic and the convenience of the public as wells the proper protection of humaa ie {and health; remove all nuisances in te public streets, parks and places; arrest al street mendicants and beggars; previde proper police attendance at fires; inspect and observe all places of public amusement all laces of business having excise or other licenses to carry on any business, enforce ‘and prevent the violation of all laws and ordinances in force in te city: end for these purposes 0 arrest all person guilty of violating any law oF ordinance forthe suppression or punishment of crimes or offenses; and WHEREAS, pursuant to Title 14 of the New York City Administrative Code, the Police Commissioner stall have power, in his or her discretion, on convietion bythe Police Commissioner, orby any cour orofficer of competent jurisdiction, ofa member ofthe force of any eriminal offense ‘or neglect of duty, violation of rules, or neglect or disobedience af orders, or absence without leave, ‘orany conduct inurious to the public peace or welate or immoral conduct or conduct unbecoming ‘an officer, or any breach of discipline, to punish the offending party by reprimand, forfeiting snd withholding pay for « specified time, suspension, without pay during such suspension, or by Aismissal fom the foree; but no more than thin day’ salary shall be Forfeited or deducted for any offense; and WHEREAS, pursuant to Chapter 68 of the New York City Charter, there shall be a Conflicts of Interest Board appointed by the Mayor with the advice and consent ofthe Cty Council. The COIB shall promulgate rules as necessary to implement and interpret the provisions of Chapter 68,consistent with the goal of providing clear guidance regarding prohibited conduct; and WHEREAS, pusuant to Chapter 68 of the New York City Charter, the COIB shall receive ‘complaints alleging violations ofthis chapter and dismiss the complaint if it detrmines that no further action isrequiced by the board; or refer the complaint tothe commissioner of investigation further investigation ig required forthe board to determine what action is appropriate; or make an initial determination that there is probable cause to believe that a public servant has violated a provision of this chapter; or refer an alleged violation ofthis chapter othe head ofthe agency served bythe public servant, if the board deems the violation to be minor of related disciplinary charges ate pending against the public servant; and WHEREAS, pursuant to Chapter 68 ofthe New York City Charter, upon a determination by the CCOIB that a'viclation of section 2604 or 2605 of Chapter 68 has oceurred, the COIB, after consultation with he head ofthe agency involved, orin the ease of an agency head, with the Mayor, shall have the power to impose fines of up to twenty-five thousand dollars ($25,000), and to commend to te appointing authority, or person or body charged by law with responsibility for {imposing such penalties, suspension or removal ftom office or employment. In addition to these penalties, the CCIB shall have the power to order payment tothe Cty ofthe value of any gain or ‘benefit obtained by the respondent as a result ofthe violation in accordance with rules consistent with subdivision of section 2603; and WHEREAS, itisin the best interest ofthe City of New York that the NYPD's MOS strictly adhere (othe laws, rules, and regulations of both the NYPD and the COIB, and perform ther oficial duties according othe sghest ethical standards, honesty and integiy NOW THEREFORE, the Parties hereto agree a follows: ARTICLE 1, TERM OF AGREEMENT The term ofthis Agreement willbe effective as ofthe date frst written and shall continue unt terminated, ARTICLE I, SCOPE OF SERVICES A. COIB may rer to IAB for confidential investigation any matter regarding an NYPD Employee ‘subject to IAB's investigative jurisdiction when fact are alleged tha, iru, statea prima facie case of violation of Chapter 68 of the New York City Charter (“City Charter"). Pursuant to City Charter §§2603(g)(2), 1A3 wil inform COIB when it receives a complaint ofa Chapter 68 violation by an NYPD employeeor former employee, or determines tata Chapter 68 violation may have occured Upon completir.of its investigation, [AB may provide COIB witha report ofits investigation and, in accordance with § 2603(g)2), shall provide tny portion of its report which relates toan alleged violation of Chapter 68.'BThe Parties may provide eachother with certain records, epors, memoranda and files (hereinater “Confidential Inormation”) necessary forthe investigation of vilations of Chapter 68 of the New ‘York City Charter. The Parties agree that they are bound by the strict confidentiality requirements of| City Charter § 2603(k) and that this Confidential Information shall not be disclosed to any tied aries, except pursuant ta judicially endorsed subpoena ina eriminal proceeding, C. Pursuant to City Charter § 2603(6\(2)@), where related disciplinary charges are pending at NYPD. against an NYPD employee, COIB may refer the mater back to the NYPD Advocate's Offic, D. Pursuant to City Charter § 2603(4)(2), in the case of an NYPD employee who is subject tothe jurisdiction of any state law or collective bargaining agreement providing for the conduct of Aisciptinary proceedings, if COIB determines that there is probable cause to believe that such an NYPD employee has violated Chapter 68, COIB will refer the matter to the NYPD Advocate's Office; NYPD will confer with COIB regarding the mater. E, The Parties acknowledge that COIB has the authority fo enter into three-way settlements ‘mong COIB, the NYPD, and individual MOS who have been found tobe in violation of Chapter 68 ofthe New York City Charter. The NYPD will cooperate with COIB in effetuating these three-way settlements, F. IENYPD imposes discipline on an MOS other than trough a three-way setlement disposition with COIB, COIS will evaluate whether the discipline surTiciently addresses the alleged violation of Chapter 68. If COIB believes that the NYPD discipline does not sufficiently addres the alleged ‘violation of Chapter 68, COIB may proceed with its own enforcement proceedings pursuant to City ‘Charter § 2605(1N6). G, The NYPD acknowledges that CIB has the authority, pursuant to Chapter 68 of the New York City Charter, o refer alleged violations tothe New York City Department of Investigation (“DOI for investigation, and that DOI has the statutory responsibility to issu, within a reasonable time, confidential writen report of factual findings to COIB. The NYPD agrees to cooperate with DOI in these investigations, H. Inthe event ofa complaint or investigative report refered by NYPD to COIB thats not referred back to the NYPD, COIB will inform NYPD ifit closes the cae without public disposition. COIB ‘will also inform NYPD prior to publication of a Board disposition regarding such matter ARTICLE IIL COMPLIANCE WITH APPLICABLE LA\ ‘A. The parties shall comply with all federal, state and local laws concerning the wse of the Confidential information provided pursuant to this MOU.B. The parties recognize that during civil actions against the NYPD and the City of New York, oF ‘against third paties, and in criminal prosecutions, atomeys for parties involved have atempled to subpoena NYPD records in the possession of other agencies that they could not lawfully obtain iretly from the NYPD. COIB agrees that when in receipt of any judicial subpoena dues tecum fot NYPD records provided to COIB pursuant to this MOU, of for information derived fom such ‘records, it will notify the NYPD's Legal Bureau. The NYPD agrees that when in receipt of any Jidicalsubpoera duces tecum for COIB records provided to NYPD pursuant fo this MOU, or for ‘information derived from such records, it will notify the COLB General Counsel, COIB and NYPD shall not produce any ofeach other's records pending the outcome of any motion to quash such a subpoena ARTICLE IV. CONFIDENTIALITY. ‘A. The Confidential information provided by the NYPD to COIB and fiom COIB to the NYPD Pursuant to this MOU shall not be used or disclosed except in accoréance with the terms of this ‘agreement, and shall not be subject to disclosure under the New York Public Officers Law, or theit Aisclosure compeed. Any subpoenas served onthe Parties for his Confidential information shall be prompily transmitted t counsel for each agency and a determination made jointly by agency course! and the New York City Law Department as to whether to move to quash B. The Parties acknowledge that orders, findings of fact and conclusions of law of COIB shall be made publi C. This Article stall survive the termination ofthis Agreement ARTICLE V. AMENDMENTS ‘Any amendments o this Agreement must bein writing and signed by both pastes. ARTICLE V1. TERMINATION ‘The Parties shall ave the right to terminate this Agreement in whole orn part upon thet (30) days ‘written notice. ARTICLE VII. NOTICES All notices required hereunder shell be in writing and directed to each ofthe parties as follows: NYPD: Deputy Commissioner, Legal Matters New York City Police Department ‘One Police Plaza ~ Room 1406 New York, New York 10038com: Notices regarding Chapter 68 complaints and/or investigations Director of Enforcement Conflicts of Interest Board 2 Lafayette Steet, Suite 1010 ‘New York, New York 10007 Allother notices required by this Agreement General Counset Conflicts of Incerext Board 2 Lafayette Steet, Suite 1010 New York, New York 10007 All notices may be transmitted eletronicall. IN WITNESS WHEREOF, the parties hereto have executed this Agreement onthe dates appearing, ‘opposite the respetive signatures. NEW YORK CITY POLICE DEPARTMENT. DATE: lids : NEW YORK CITY CONFLICTS OF INTEREST BOARD fos ber [i AJ Is By:_Lbthe) / Rickard Biff CHAIR DATE: