Chapter 2

The effectiveness of the New York City Police Department can be evaluated by looking at several factors, including the quality of the officers recruited into the force, its ethnic and gender composition, and the type of instruction provided to allow good recruits to become good police officers. Although the NYPD dedicates substantial time and resources to recruiting and training people of color, especially those who reside within the NYPD's jurisdiction, they are still dramatically underrepresented in the force compared with the overall population of New York City. Moreover, the many flaws in the recruitment and training processes may contribute to race-related problems in the NYPD.

This section of the report discusses NYPD recruitment and training programs. It begins with a description of the department's recruitment efforts, focusing on the NYPD's efforts to increase diversity. Next, it reviews the several training programs currently used by the NYPD. This section concludes with recommendations addressing existing shortcomings in the NYPD's recruitment and training programs as they relate to diversity and race issues.

An ideal recruitment policy would allow the NYPD to attract candidates capable of effectively policing all of New York City's diverse communities. Such a policy should consider factors including the educational level and psychological makeup of individual recruits and the diversity of the force as a whole, including adequate representation of people of color and women in ranking positions.[1]

The U.S. Commission on Civil Rights emphasized these factors in a report published more than 20 years ago concerning the desirability of a diverse police force representing the ethnic makeup of the policed community.[2] The report notes the importance of developing a [police] force that reflects the racial and ethnic composition of the community it serves. . . . It is axiomatic that a police force representative of its community will enjoy improved relations with the community and will, consequently, function more effectively. [3]This remains true today.

New York City's mayor, Rudolph Giuliani, agreed. In his statement to the Commission, he wrote that officers need to understand and be representative of the communities they patrol.[4] However, he testified that the NYPD actually does not represent the diverse population of the city. It never has. [5]

Several witnesses agreed that diversity must be a goal for the NYPD. For example, Rev. Al Sharpton said that the lack of diversity is shameful.[6] He went so far as to recommend that a federal monitor be placed to take over the New York Police Department until there is a plan in place around the issues of diversity and police misconduct. [7]

Census statistics indicate that approximately 31.6 percent of the population in New York City is African American, 20.3 percent Hispanic, 9.7 percent Asian Pacific American, and 53 percent female.[8] The NYPD minority population stands in stark contrast. Only 18 percent of the NYPD is Hispanic, 13 percent African American, 1.5 percent Asian Pacific American, and 13.8 percent female.[9]

This disproportionate representation does not appear to be appreciably improving. Exacerbating the problem, as of April 5, 2000, only one-half the number of persons who applied in 1996 had signed up for the April 7 police examination.[10] In fact, only 37.4 percent of all hires from 1994 through 1998 were people of color, and only 14.9 percent were women (9.4 percent minority women).[11] This time period also witnessed a substantial decrease in African American hires, from a high of 18.5 percent of all hires in 1995 to only 11.2 percent in 1998.[12] These statistics were cited as inadequate by the Task Force on Police/Community Relations, appointed by Mayor Giuliani, which observed that the current representation of African Americans, Latinos, Asian-Americans and women is not impressive, especially when viewed in relation to the City's racial, ethnic, and gender composition. [13]

The disparity is even greater among ranking officers.[14] Of the 472 captains, the NYPD has only promoted 10 African Americans (2.1 percent), 13 Hispanics (2.8 percent), 2 Asian Americans (0.4 percent), and 22 women (4.7 percent) to the rank of captain.[15] Only 12.9 percent of lieutenants and 18.1 percent of sergeants are people of color.[16]

Although the exact causes of the present disparity are unclear, the underrepresentation of people of color and women can be traced to the earliest stages of the recruitment process: NYPD officer applications. In 1997 and 1998, only 18.9 percent of applicants to the NYPD were African American, and only 23.3 percent were female.[17] This represents a decrease in applications by individuals of color. According to a statement issued earlier this year by Police Commissioner Howard Safir, from 1994 to 1999, African Americans accounted for 24.4 percent and Hispanics accounted for 26.4 percent of applicants taking the police entrance exam higher numbers than for 1997 and 1998 alone.[18]

Moreover, a significant disparity exists in the exam pass rate among racial and ethnic groups. From 1994 to 1999, the pass rate for white applicants was 85 percent, compared with 72.2 percent for Asian Pacific Americans, 65.7 percent for Hispanics, and 60.6 percent for African Americans.[19] Statistics for the January 1999 exam are even more troublesome only 43.7 percent of minority candidates passed the exam, compared with 69 percent of white applicants.[20]

Mayor Giuliani testified that the standards for recruitment have increased over the past 10 years.[21] Changes include requiring candidates to have at least 60 college credits,[22] making the exams more difficult, increasing the number of hours and intensity of training at the Police Academy, and instituting a field component for real-life situations.[23] Yet the requirements to become a police officer, although superficially neutral, may operate to further limit the number of people of color in the NYPD.

To become a police officer, an applicant must be a U.S. citizen,[24] between the ages of 22 and 35, living in New York City or the Counties of Nassau, Suffolk, Westchester, Rockland, Orange, or Putnam.[25] As stated earlier, applicants must also have accumulated at least 60 college credits with at least a 2.0 GPA, or have 2 years of active military experience.[26]

After satisfying these prerequisites, applicants must pass a written civil service examination administered by the Department of Citywide Administrative Services.[27] Applicants passing the written examination must also pass a medical examination, written and oral psychological examinations,[28] physical examination, and clear a background and character investigation.[29] Grounds for disqualification include conviction for a felony or domestic violence, or for an offense indicating lack of good moral character or a disposition toward violence or disorder, repeated convictions of an offense indicating disrespect for the law, discharge from employment as a result of poor behavior or inability to adjust to discipline, or a dishonorable discharge from the U.S. military.[30]

Police Commissioner Howard Safir testified that based on these stringent recruitment requirements, he dismisses the characterization of police officers as badly trained and insufficiently monitored.[31] In fact, he believes that candidates are carefully screened and selected.[32]

Critics have argued that the examinations and other requirements for becoming a police officer are arbitrary and unrelated to performance as a police officer. For example, Sergeant Anthony Miranda testified that although many qualified African American and Latino candidates apply, the majority are eliminated through the psychological services, partly because of the lack of African American and Hispanic psychologists.[33] With regard to background checks, investigations for those living outside the city are usually completed within 12 months while those living within the city often must wait longer than 12 months for their background checks to be completed.[34] Therefore, according to Sergeant Miranda, if a candidate living in the city scored higher than a person living outside the city, the noncity candidate would get hired before the city resident because the former would be cleared first.[35] Sergeant Miranda stated in harsh terms that the recruitment and application process is already prostituted and it's already corrupted. [36] Miranda opined that although there may be an increase in the number of applicants, it will likely not affect the number of candidates who actually become officers because of the biases built into the process.[37] The Reverend Calvin Butts stated that education and the psychological evaluation of candidates are two areas worth changing.[38]

The Commission did not review the civil service examination or the standards applied in connection with the character and psychological screenings. Therefore, it is unable to evaluate these assertions. The information the NYPD did provide to the Commission, however, suggests that people of color were not disproportionately disqualified for appointment to police officer on the basis of psychological and character screening in 1997. In that year, the only year for which statistics were made available, 218 of the 336 candidates (65 percent) disqualified on the basis of psychological screening were white, compared with 47 (14 percent) African Americans and 67 (20 percent) Hispanics.[39] On the basis of the character review, 329 (56.3 percent) of the 584 candidates disqualified were white, compared with 109 (18.7 percent) African Americans and 130 Hispanics (22.3 percent).[40]

The NYPD instituted a college education requirement presumably to attract candidates who are better able to respond to difficult situations, especially in an increasingly complex city such as New York. The 60-credit requirement, however, may not be enough to professionalize the NYPD. Moreover, it may not restore public confidence in the police. A common thread among officers involved in inappropriate behavior was a low level of education and experience before entering the Police Academy.[41] One observer noted that the common scenario in police recruitment and training involved selecting young adults right out of high school, rush them through a five-month, police-operated training academy, give them a gun, the authority to use deadly force and tell them to hit the streets. [42] With the enormous amount of responsibility and public expectations placed on police officers, this college education requirement and the subsequent Police Academy training are inadequate.

Good officers possess not only physical courage but also sound judgment, the ability to reason, knowledge of the law, and maturity.[43] Adopting a college degree requirement, as opposed to requiring only 60 college credits without earning the degree, would allow the NYPD to hire well-educated, broad-minded officers who possess the maturity to deal effectively and in an even-handed manner with the public. Being a police officer means being part of a profession. Every major profession today educates its members through university-based education, except for the police.[44] A completed college education would expose officers to humanities, social sciences, modern technologies, ethical issues, and the knowledge of the multidimensional aspects of crime and its impact on society.[45] Additionally, a college degree requirement would help restore public confidence in the police by producing smarter and more mature police professional with proper training and who are less likely to succumb to the temptations of deviant behavior.[46] With the many colleges in the City of New York providing a criminal justice education and degree, including the John Jay College of Criminal Justice of the City University of New York, city residents and the NYPD have ample opportunities to fulfill this requirement.[47]

Few disagree that the underrepresentation of people of color and women on the NYPD must be rectified. This sentiment was echoed in the first page of Commissioner Safir's Report on Recruitment for 1997 1998, which noted that a primary goal of the recruitment campaign was to attract qualified applicants who more adequately represent the racial and ethnic diversity of the communities [the NYPD] serve[s]. [48]

Many aspects of the NYPD s recruitment efforts appear directed to some extent toward increasing minority representation. However, the efficacy of these programs is questionable. Many have been in place for some time but have failed to correct the lack of diversity on the force. The NYPD should critically evaluate its recruitment programs and the substance of its recruitment message to determine whether its approach to recruiting minority candidates and women should be revised.[49] This process should recognize that the lack of minority officers might be due not only to the inadequacy of recruitment efforts, but also to the larger problem that both actual and alleged NYPD misconduct (including sexual harassment) has resulted in an adversarial posture between the NYPD and minority communities, discouraging many candidates of color (and women) from entering what they perceive to be an inhospitable institution.

Many groups, including the mayor's Task Force on Police/Community Relations, advocate the introduction of an aggressive affirmative action program for the NYPD.[50] These groups argue that underrepresentation of people of color on the force impairs the ability of the police to function effectively, particularly in predominately nonwhite neighborhoods, where an overwhelmingly white police force may be resented.[51] They suggest that only a substantial increase in minority representation can be expected to improve public confidence in the police force, thereby improving police-community relations and increasing the effectiveness of the police.

To increase the number of resident officers, Police Commissioner Safir instituted a comprehensive plan to attract more city residents via advertisement and projects.[52] Among these projects included community outreach, youth career development, career enhancements and incentives, and training.[53]

The NYPD's recruitment efforts also instituted several advertising initiatives that used a variety of media and were designed, in part, to target minority residents of the city. The 1998 recruitment drive focused on four separate initiatives:[54]

Although impressive on paper, the 1998 drive does not appear to have been particularly successful, at least in the short term. As indicated above, applications by African Americans and women in 1997 and 1998 were low. These disappointing results may partly be due to the meager $37,718 budget allotted for the 1997 1998 drive.[61] In addition, the message communicated by the recruiters may not have been effective or appropriate for the target communities.[62] One measure currently being considered to remedy this problem is to establish a permanent minority recruitment unit with a budget of $1.7 million by 2001.[63]

The NYPD reported that it had better success with the 1999 recruitment drive. The drive resulted in the largest percentage of City residents and people of color ever applying to take the Police Officer exams, 67% City residents, 61% minorities, and 29.5% women. [64] It included initiatives in four key areas: community outreach, youth career development, career enhancement and incentives, and training.[65]

The NYPD initiated a $10 million advertising campaign to increase minority recruiting.[66] Commissioner Safir believed that the $10 million spent was appropriate and deemed the recruitment efforts and other measures successful. [67] Commissioner Safir received a great response from young people in college to our new cadet program. [68] He estimated that the department would add 1,200 cadets to the academy.[69]

Many others do not believe the program succeeded. It received considerable criticism because the NYPD used a Soho-based advertising agency[70] to run the campaign rather than consulting with minority community groups or advertisers.[71] Rev. Al Sharpton denounced the mayor's and commissioner's recruitment efforts. He testified that Commissioner Safir's announcement of a multimillion dollar recruitment drive came only when Rev. Sharpton organized sit-ins.[72]

Moreover, Sharpton argued that the City Council approved of the expenditure based on Safir's request to recruit more people of color.[73] However, when Sharpton criticized Safir for not contacting communities of color to help in the planning or execution of the drive, Safir responded that the money was for a city resident drive rather than a minority recruitment drive, apparently contradicting Safir's own statement to the City Council.[74]

NYPD officers must be residents of New York City or the Counties of Nassau, Suffolk, Westchester, Rockland, Orange, or Putnam.[75] Mayor Giuliani estimated that approximately 60 percent of NYPD officers currently reside in the city.[76] Approximately 70 percent of the last Police Academy graduating class were New York City residents.[77]

The mayor testified that stereotypes about police officers and prejudice against them have been factors in the low numbers of city residents becoming police officers.[78] [B]reaking down some of the stereotypes and some of the prejudices will help recruitment.[79] In their testimonies, Mayor Giuliani and Commissioner Safir made some proposals to encourage city residents to apply and be selected to become police officers.[80]

Mark Green, public advocate for the City of New York, similarly criticized the fact that half of all officers lived outside the city.[81] He testified that the need for officers to be city residents stems from the need to achieve better policing: Ideally, more would live in the city so they're living in the communities they're policing or in boroughs near the communities they are policing so they understand the texture of the city better, and frankly, they're available to the civilian [off- duty] to spot and deter crime. [82]

Lorraine Cortes-Vazquez, president of the Hispanic Federation, believes that policemen should live in the city because there is something about familiarity and knowing the environment in which you're working that will add to the familiarity between . . . the residents of this city and the officers.[83]Rev. Al Sharpton, president and chief executive officer, National Action Network, added, We need residency laws . . . people tend to respect where they live, people tend to have better knowledge where they live. [84] However, Public Advocate Green did not believe that a residency requirement will be imposed in the near future.[85] Howard Katz, acting director, New York Region of the Anti-Defamation League of B nai B rith, felt that since most officers did not live in the city and did not live in integrated communities, these facts hampered officers abilities to deal effectively with individuals from differing groups.[86] In other words, police officers reflected the values of communities in which they lived, not the ones they were hired to serve and protect.[87]

Broad support exists for some form of a residency requirement or preference. Advocates argue that a residency requirement or preference will help to achieve a more diverse and racially representative police force.[88] It will also result in police officers who are knowledgeable about the communities they police and have a greater personal stake in safe neighborhoods.[89] The NYPD has emphasized recruiting city residents for these reasons.[90]

Since 1993, applicants to the police department received a five-point bonus on their exam scores if they resided in one of the five boroughs.[91] Officers are also encouraged to live in the city through eligibility for participation in the Federal Housing Administration's Officer Next Door and Resident Police programs, which allow officers to live in designated federally foreclosed properties or public housing within New York at a significant discount.[92]

Many groups argue that these measures do not suffice.[93] Others propose providing a mortgage incentive for resident officers and providing residency bonuses on promotional exams.[94] Still other groups take an even stronger position, supporting an absolute residency requirement whereby all police officers hired in the future would have to reside in the five boroughs of New York City, in effect making residency a non-negotiable condition of employment. [95]

The most compelling reason advanced for instituting a strict residency requirement centers on enhancing public perception of the NYPD through the creation of a more diverse police force.[96] Improved perception would lead to improved relations between the police and the community, in turn improving the effectiveness of the NYPD. Additionally, a residency requirement might have the added benefit of stemming white flight from the city and thus improving the racial diversity in the city s middle income neighborhoods. [97] Police officers would have a personal stake in safe, stable neighborhoods. [98]

This speculative improvement in community perception of the police should be balanced, however, against several shortcomings and possible negative consequences of adopting a strict residency requirement.[99] First, a residency requirement is poorly tailored to achieve a racially diverse police force. There is no evidence that the cause of minority underrepresentation is the ability of the NYPD to draw officers from outside the city. An affirmative action program (see above) would be a more direct, and presumably a more effective, mechanism for increasing minority representation.

Second, as the mayor s Task Force on Police/Community Relations report notes, a strict residency requirement could weaken the force by, for example, narrowing the field of qualified candidates.[100] Another possibility is that a residency requirement would cause the NYPD to lose good officers who want to move out of the city into the suburbs.[101]

Third, there is no evidence that city residents make better police officers. In fact, resident officers have been slightly more likely to be suspended or dismissed from the police force for misconduct and are disproportionately the subjects of civilian complaints.[102]

Despite these reservations, a residency requirement that is part of a larger scheme tied to an affirmative action plan may positively affect police-community relations and increase effective policing.[103]

In his statement to the Commission, Mayor Giuliani proposed several ideas to help the NYPD s recruitment efforts. He suggested that a law enforcement high school be created that focused on specialized instruction about law enforcement.[104] At present, the NYPD has programs in place that are geared toward youth and young adults. The NYPD Cadet Corps and Explorers programs encourage community members to consider careers as NYPD officers by placing them in police facilities and exposing them to police work. Mayor Giuliani wanted to see these programs expanded from 200 to 1,200 people.[105]

The NYPD Cadet Corps program functions as an apprenticeship for college students interested in joining the NYPD after graduation.[106] The mission statement of the Corps includes the goal of increasing diversity in the NYPD by actively recruiting people of color and women to the Corps and graduating them into the police force. Cadets work with the police, performing primarily administrative tasks full time during the summer and part time during the school year. Cadets are given approximately 1,800 hours of training and actual work time over a 2-year period.[107] Much of the cadet training is similar to that received by officers at the Police Academy, including training regarding cultural diversity issues.[108]

Cadets can earn up to $20,000, including $4,000 in tuition loans that are forgiven after 2 years of service as police officers.[109] Applicants to the Cadet Corps must

Admission criteria include a good academic record, character, employment history, number of college credits earned, and the potential to graduate within 2 years.[111] The applicant must also meet minimal physical standards.[112]

The Corps has historically been fairly successful in recruiting minority and women candidates. This stems, in part, from the program requirement that all participants be city residents.[113] From 1985 to 1995, graduates from the program were 48 percent white, 20 percent African American, 27 percent Latino, 5 percent Asian Pacific American or other, and 31 percent female.[114] For this reason, the mayor's task force and others have advocated reversing the NYPD's reduction in the Cadet Corps budget and enrollment, in support of expansion of the program.[115] Indeed, the fiscal year 2000 executive budget includes a substantial increase of funding in an effort to expand the Cadet Corps program by 1,200 students.[116]

The Cadet Corps program has the added benefit of providing the NYPD with an opportunity for long-term observation of cadets in academic and work settings.[117] Cadets deemed not suited for police work can resign or be screened out before they are appointed to the department.[118] Not only does this professionalize the ranks of police officers through the hiring of broadly educated men and women, it also emphasizes the service responsibilities of police officers who have direct ties to the communities they serve thus maintaining appreciation for the civilian perspective and reducing acculturation into the blue wall of silence. [119]

A similar program for younger prospective officers has also been implemented by the NYPD in an attempt to encourage young New York City residents to become interested in becoming members of the NYPD.[120] The Explorers program, conducted in conjunction with the Boy Scouts of America, provides instruction in areas of law enforcement, including criminal law and criminal investigation, to young men and women aged 14 to 21.[121] Explorers also participate in community service projects, dealing one on one with NYPD officers.[122] The Explorers have an even greater proportion of minority and female members than the Cadet Corps. As of 1996, 47 percent of Explorers were Hispanic, 36 percent were African American, and 38 percent were female.[123]

The promotion of officers to the ranks of sergeant, lieutenant, and captain is based primarily on a written exam.[124] The Mayor Giuliani testified that promotions in the management ranks did not occur by discretion, but rather by exam scores.[125] To be eligible to sit for the examination, applicants must have served for a designated time period at the next lower rank, passed a drug test,[126] and satisfied an education requirement (a bachelor's degree for captains, 96 college credits for lieutenants, and 64 college credits for sergeants).[127]

An officer may be promoted based on scores attained in a written exam. The names of eligible applicants meeting all requirements and conditions [128] are placed on a list in order of exam score,[129] and individuals are considered for appointment when their name is reached on the list.[130]

The multiple-choice exams test the abilities and technical knowledge believed by the NYPD to be important to perform the tasks of each rank: sergeant, lieutenant, or captain.[131] Topics tested include technical knowledge of police procedures and policies, personnel management skills, writing ability, organizational skills, and judgment.[132] Applicants receive additional credit based on seniority and departmental awards.[133]

Although the promotion protocol appears objective on paper, the radical underrepresentation of women and people of color in the ranks of sergeant described earlier in this chapter suggests an element of bias in the promotion system.[134] This bias may be introduced through the types of examinations administered, the educational requirements for each position, the emphasis on the discretionary granting of departmental awards,[135] or the requirements and conditions that each applicant must satisfy.

It is unclear to what extent performance concerning equal employment opportunity issues is considered.[136] Consideration, or lack thereof, of this factor might also contribute to the overrepresentation of nonminority officers in ranking positions. Some witnesses testified that the evaluation process may even penalize officers who sacrifice arrests in favor of observing individual's rights.[137] James Savage, president, Patrolmen's Benevolent Association, testified that officers feel a significant amount of pressure to produce summonses and arrests.[138] He noted that the NYPD places quotas on these productions.[139] He stated that cops never get a favorable evaluation from their superiors for protecting someone's civil rights, but they do get them for making large numbers of arrests, seizing large numbers of guns, and seizing large amounts of narcotics, or issuing a large number of summonses. [140] These incentives, which have been widely criticized for putting undue pressure on police officers, may also lead to strained relationships between police and the communities they serve.[141]

Officer Noel Leader testified about this pressure in relation to the Street Crime Unit. He stated that where pressure is applied to the commanding officers of the Street Crime Unit, officers will engage in unlawful and illegal practices.[142] They are pressured to produce numbers since the management has a number fixation of percentage gained, a fixation on coming up with numbers and statistics and not deal with people and human beings and emotions and feelings. [143]

Other officers testified that not only were officers not encouraged to protect someone's civil rights, as mentioned by Mr. Savage, but were actually retaliated against by other officers for reporting incidents of police misconduct.[144] Hiram Monserrate, a police officer for over 11 years and a member of the NYPD Latino Officers Association, testified that he knows of several examples of officers who reported brutality and were rewarded with retaliation.[145] Indeed, he believed a blue wall of silence exists in racial profiling. [146] Eric Adams, lieutenant and a member of 100 Blacks in Law Enforcement Who Care, identified some of the officer victims of retaliation and described certain allegations made against the NYPD: Sergeant Anthony Miranda who apparently had a heart attack after being harassed by fellow officers and Officer Yvette Walton who was terminated 30 minutes after testifying about another officer s misconduct.[147]

Many officers have discussed other reasons for the low number of captains of color. Officer Monserrate stated that three issues relate to the low number of captains of color.[148] First, minority representation in the force is low. Second, the civil service exam process should be revamped.[149] Third, there is little or no diversity among deputy commissioners who have authority over budgeting, recruitment, and community affairs.[150]

Lieutenant Adams went further and accused the police department of deliberately not promoting officers of color to the rank of captain.[151] He testified: The primary task in the police department has always been to assure that people of color do not reach the rank of captain because once you reach the rank of captain, you reach a level where you are now appointed to positions. So you prevent [officers of color] from reaching the rank of captain. [152] Moreover, he testified that he personally had hard data showing that although people of color pass the promotional exams, the department curves them out of promotional opportunities, especially at the rank of captain.[153]

Lieutenant Adams believed that increasing the number of captains would help alleviate the tense police-community relationship.[154] This stems from the fact that captains run precincts and set policies. That s crucial. When you have an Asian captain in Chinatown, you'd better believe you won't have abuses in Chinatown. [155]

Hyun Lee, program director with the Committee Against Anti-Asian Violence, believed that drastic measures must be taken. She commented that community policing must be realized in the true sense, not merely in the form of more sensitivity training and hiring of minority officers, but by putting the power to hire and fire officers in the hands of the community. [156]

It may be difficult to assess the severity of employment discrimination and sexual harassment in the NYPD. Although some statistics exist regarding the number of cases brought before the Office of Equal Employment Opportunity (OEEO) by NYPD employees (discussed below), little detail was available on the nature and disposition of those complaints.[157] Even if such data were available, the reluctance of officers to lodge complaints for fear of retaliation may play a role.[158] Some police departments have conducted surveys to determine whether their officers have been discriminated against or sexually harassed.[159] It appears from the information provided to the Commission that the NYPD has elected not to conduct such surveys.[160]

The scope and gravity of discrimination and harassment in the NYPD should be determined for several reasons. First, discrimination and harassment are, in themselves, illegal and harmful to victims. Furthermore, acceptance of systemic discrimination will affect the treatment by police officers of the community members they serve. Healthy attitudes of officers toward one another can increase officers respect of people of color outside the force, and reduce prejudice. Widespread discrimination will also contribute to the underrepresentation of people of color and women on the force. These groups will be less likely to become officers (and more likely to leave), if the NYPD is, or is perceived to be, a racist or misogynistic institution.[161]

In September 1998, the NYPD issued Interim Order Patrol Guide 120-12 focusing on employment discrimination.[162] The order defines employment discrimination as

The order also states that supervisory personnel who become aware of any discrimination problem or complaint must report the problem to the OEEO orally no later than the next business day, and in writing within 5 business days.[164] Nonsupervisory personnel are strongly encouraged to take the same actions, or report the problems to a supervisor.[165]

Sexual harassment is defined under the NYPD Interim Order 120-12 as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature which (1) are made a term or condition of employment, (2) are the basis of employment decisions, or (3) unreasonably interfere with an individual's work performance.[166] Like other forms of employment discrimination, sexual harassment is prohibited within the NYPD and, like other forms of employment discrimination, victims of sexual harassment can bring complaints to the OEEO, or take other action both within and outside the NYPD.[167]

Overhaul of the NYPD s sexual harassment policies and procedures should result from the June 18, 1998, settlement between the NYPD and United States. This settlement resolved a civil complaint brought by the United States alleging that the NYPD violated Title VII of the Civil Rights Act by engaging in and permitting acts of sexual harassment against an individual during her employment with the NYPD and by failing to take appropriate action to stop the harassment or remedy the effects of the discriminatory treatment.[168] The settlement's stated purpose is to ensure that the NYPD takes such affirmative steps as are reasonably necessary to effectively address and prevent discrimination in the NYPD. [169] Specific measures mandated by the agreement include:[170]

The settlement appears to establish a framework for substantially reducing discrimination in the NYPD.[172] Because of the lack of information provided to the U.S. Commission on Civil Rights, however, the progress made by NYPD in implementing these measures and the degree of their effectiveness cannot be presently determined.

The Office of Equal Employment Opportunity, headed by the deputy commissioner for equal employment opportunity, was established as a separate unit within the NYPD in 1978 to ensure compliance with Title VII of the Civil Rights Act of 1964. Its purpose is to promote a workplace free of discrimination and sexual harassment, and to conduct fair and thorough investigations into all complaints of employment discrimination.[173]

Officers who believe that they have been subjected to discrimination or sexual harassment may file a complaint with a supervisor, commanding officer, or the OEEO.[174] Upon receiving the complaint, the OEEO notifies the commanding officer or supervisory head of the complainant's unit as appropriate, to emphasize that reprisal or retaliation against complainants or witnesses is illegal and can lead to disciplinary action.[175] The OEEO then contacts and interviews the complainant, and counsels the complainant regarding options for handling the complaint. Options include meeting with an OEEO investigator or liaison counselor (whose duties involve advising complainants),[176] investigation by the OEEO or commanding officer, conciliation by the OEEO or commanding officer (a form of voluntary mediation), or filing a complaint with an outside agency.[177] Communications between the OEEO and the complainant remain confidential.[178]

If the OEEO initiates an investigation, as required upon a determination that the allegations in the complaint are sufficient to establish a case of unlawful discrimination, [179] the OEEO must notify the respondent in writing.[180] The respondent has the right to respond to the allegations in writing.[181] If the matter is not conciliated, the OEEO must prepare and send to the police commissioner a confidential written report of the results of the investigation, with recommendations for specific corrective action, if corrective action is deemed appropriate.[182] The commissioner will make a final determination regarding the OEEO report and any corrective action or discipline.[183] The complainant and respondent will also be notified of the outcome of the investigation and any corrective or disciplinary action taken.[184] According to the OEEO, cases are generally completed within 90 days; however, this does not include the time taken by the commissioner to issue his final recommendations and findings.[185]

In 1996, the most recent date for which the NYPD provided information, OEEO investigators received 5 days of training provided by the New York City Department of Citywide Administrative Services, plus 9 days of training at Cornell University's New York State School of Industrial and Labor Relations.[186] Investigators also attended the Basic Methods of Internal Investigations course offered by the Internal Affairs Bureau, and received case management training from experienced ranking officers.[187]

Investigators ability to properly utilize this substantial training is questionable given the severe understaffing of the OEEO. The OEEO has complained of a lack of resources and short staffing at least since 1993.[188] With only 11 investigators on staff in 1996, it is difficult to believe that the OEEO could properly investigate all claims filed by NYPD personnel. Indeed, the settlement agreement, discussed above, required the NYPD to increase staffing of the OEEO by 50 percent.[189]

In 1996, the most recent year for which figures were made available to the Commission, only 20 percent of all OEEO complaints were determined to involve a prima facie basis for investigation.[190] In that year, 81 cases were brought to the OEEO, including 21 allegations of sexual harassment and 83 allegations of discrimination.[191] These numbers are down 33 percent, 63 percent, and 16 percent, respectively, from 1995, the first year for which figures are available since the merger of the NYPD with the Housing Authority. Because of the absence of relevant data except for 1995 and 1996, it is impossible to determine whether this decline is the result of an improved work environment or due to other factors. Furthermore, although complaints to the OEEO decreased, formal complaints to outside agencies increased in 1996,[192] possibly indicating that NYPD employees lack confidence in the OEEO and prefer to take their complaints to independent external agencies.[193]

Determining the effectiveness of the OEEO complaint process is impossible without far more information than was provided to the Commission by the NYPD. First, although the OEEO reports that only 20 percent of the complaints filed were determined to require investigation,[194] there is no information regarding the standards used by the OEEO for making this determination. Because of the confidentiality of the findings sent by the OEEO to the police commissioner, no information is available that discusses the factual settings in which the OEEO does or does not initiate an investigation, or the recommendations made by OEEO for various offenses.[195]

Second, no statistics have been provided on the dispositions of OEEO complaints. The Commission does not know what percentage of claims resulted in corrective action or discipline, or what types of corrective action or discipline were imposed. Further, no statistics were provided regarding the consistency between the recommendations of the OEEO and the final resolutions decided by the police commissioner, or the amount of time taken by the commissioner to issue a decision after receiving the OEEO's report.

The OEEO has the potential to be an important tool to discourage employment discrimination and sexual harassment. Given the relatively few complaints received by the OEEO and the concomitant increase in complaints to outside agencies, however, it appears that the OEEO has not fulfilled this role. Without far more information regarding the investigatory process,[196] the actual conduct of investigations in specific cases, and the final dispositions of complaints, no concrete conclusions or recommendations can be made at this time.

Officer training is widely recognized as a critical element in developing effective policing. Consequently, the NYPD devotes significant time and resources to training its officers. Officers must complete 26 weeks of training before being assigned to active duty, including the Police Academy, in-service training, and other training discussed below.[197] This training is intended to provide each officer with the necessary knowledge and skills to carry out his or her duties effectively and to meet the challenges faced by NYPD officers on a day-to-day basis challenges intensified by the vast assortment of racial and ethnic groups, religions, and cultures that compose New York City, each with its own history, values, and (often) language.[198]

Community leaders echoed these sentiments, particularly the notion that training was essential in developing good officers. Dennis Walcott, president of the New York Urban League, testified that the department must focus on four primary areas: leadership, training, community outreach, and accountability.[199] Howard Katz, acting director of the Anti-Defamation League, testified that had he the authority to decide what to do with the approximately millions of dollars used to fund the Courtesy, Professionalism and Respect (CPR) program, he would have put all of it into training.[200]

Police Commissioner Howard Safir testified that the police department devotes a considerable amount of time and energy to training of police officers.[201] In fact, as stated by Katherine Lapp, commissioner of the Criminal Justice Services for the State of New York, NYPD officers are better trained, more educated, and more restrained at any time in the department's 150-year history when compared to other urban police forces. [202]

Applicants selected to become NYPD recruits undergo an extensive 7-month training at the department s Police Academy.[203] Recruits spend 6 months in classroom and tactics training at the academy itself. Later, they spend 1 month in the field and are given field experience assignments, after which they return to the classroom for a debriefing period with teachers.[204] Academy training covers four basic disciplines: law, behavioral science, police science, and physical training and tactics.[205]

All new recruits receive 5 days of firearms qualification training and 7 days of tactics training in the Police Academy.[206] After graduation, all officers receive annual firearms training and must qualify in each 6-month cycle.[207] Firearms training focused on developing sound judgment and tactical proficiency is stressed each day.[208] The police commissioner testified that the goal is to train officers to employ deadly physical force only as a last resort and to utilize the minimum number of shots necessary to achieve the goal of removing a threat of deadly physical force. [209] In his judgment, this goal indicates that the NYPD is one of the most restrained large police forces in the country with an average of 1 fatal shooing for every 2,000 officers in 1998. [210] He also noted that over the past 6 years, 468 officers who were fired upon did not return fire, resulting in 7 officer deaths and 50 injuries.[211] He also stated that the department disciplines those acting improperly and tries to prevent misconduct.[212]

In the classroom, recruits engage in 156 hours of instruction on legal principles, use of force, physical training and tactics, communications, and cultural awareness.[213] All operational commands conduct regular roll call in-service training for 1.5 hours a week using instruction cycles provided by the Police Academy.[214] Legal issues are frequent topics.[215] The cycle that began in June of 1998 provided specific legal training on stop, question and frisk, probable cause, and courtroom testimony to all patrol officers.[216] The Legal Bureau developed the curriculum, which focused much attention on handling complex questions of law that officers face when deciding when and how to conduct a stop.[217] Patrol officers also attend a 2-day course each year presented by the Police Academy that concentrates on diverse topics such as car stops, gangs, search and seizure, handling emotionally disturbed persons with weapons, use of lethal force, crime scene preservation, CPR, verbal judo, and Civilian Compliant Review Board issues.[218] More specialized training includes a plainclothes course, criminal investigations, domestic violence, leadership, executive development, and management courses.[219]

As the department s training materials emphasize, competent policing requires each officer to learn effective methods for dealing with all the diverse residents of New York City.[220] To achieve this goal, the NYPD has instituted cultural diversity training alongside the more traditional forms of police training such as firearms training and self-defense. Diversity training for each recruit includes 100 hours of this cultural competence training 10 percent of their total training plus 2-day precinct-based cultural awareness training for all newly assigned staff, designed to educate each arriving officer about the communities that she or he will be serving.[221] This training has led Mayor Giuliani to boast that not only does the department already have [diversity] training, its training is the best there is. [222]

In his written statement to the Commission, Mayor Giuliani praised the NYPD as the most professional and best trained police department in the country.[223] Although the training encompasses a wide variety of areas and subjects, it is unified by a common theme: respect for human life and respect for the dignity of the citizens of New York. [224] The mayor called these priorities paramount in all NYPD training and goals. [225] According to the mayor, from firearms training to training on proper use of force to training in applicable and relevant laws, officers are taught to protect life and to respect citizens.[226] They are given the best possible tools with which to make what are often difficult and split-second decisions.[227] And their judgment and discretion are refined and honed so that the decisions they make will be the correct ones.[228] He believed that as a result of this rigorous training, the men and women of the NYPD are overwhelmingly committed to doing their jobs fairly, professionally, and lawfully. They are overwhelmingly committed to offering the public the very highest level of service. [229]

Unfortunately, Mayor Giuliani's representations may not be entirely accurate. Cultural diversity training and related materials designed to improve relations between police and their communities and reduce bias and stereotypes are themselves often laced with negative and potentially offensive stereotypes of minority ethnic and religious groups, and women.[230] In addition, some question whether the diversity training is taken seriously by officers who are part of an institution that is often perceived to hold prejudices against people of color and women.[231]

The NYPD's cultural sensitivity training class and instructors approach cultural diversity issues from the premise that clear communication devoid of prejudice is essential to effective policing.[232] The training materials reinforce this belief that understanding the cultures, values, and histories of each major ethnic and religious group is important to achieve clear communication, an essential element in effective policing.[233]

The training begins with sophisticated discussions of the nature, forms, and barriers to effective communication.[234] Racial epithets and jokes are discussed, noting that using such language will result in anything but friends. [235] The insidious[ness] of stereotyping, defined as a one-sided, exaggerated and normally prejudicial view of a group, or class of people . . . normally associated with racism and sexism, is highlighted.[236]

Later lessons directly address the development of personality, attitudes, and beliefs, the process of socialization, and the effect of heredity,[237] attitudes, prejudice, stereotypes, and myths.[238] These materials, geared toward helping officers consciously address and understand the origins of any negative stereotypes they might hold, are a significant step toward deconstructing the prejudice resulting from stereotypes.

Other lessons discuss racism, sexism, and homophobia, noting that these are all forms of oppression and exertions of power over less privileged groups.[239] The curriculum then contains a series of lessons on specific minority communities in an effort to enhance officers understanding of the communities and break down stereotypes and prejudices, and to improve communication and understanding.[240]

The foundation of officer training is the Police Academy. Included in the academy curriculum is a series of in-class lessons dealing with cultural diversity, including lessons about attitudes and prejudice, sexual harassment, diversity, and specific ethnic groups.[241] Although these materials clearly reflect a meaningful effort by the NYPD to address diversity issues, they are not without problems. For example, although they emphasize that an officer's private attitudes should not be permitted to influence his/her official decisions and instruct officers to try to show an attitude of neutrality and objectivity, the materials fail to train an officer regarding how to avoid acting on prejudice.[242]

Furthermore, although the materials often explicitly discuss the evils of stereotypes, prejudice, and bias, they also contain many prejudicial stereotypes themselves.[243] Even if the stereotypes contained in the materials were generally accurate, and many feel strongly that they are not, their incompatibility with the morality and values of mainstream American culture (see examples below) may cause officers to hold the referenced groups in disdain, which can aggravate, reinforce, or result in additional prejudice. This is compounded by the explicit assumption that all groups should and do want to assimilate into American culture.[244] A few examples among many are listed:

The training materials also deliberately and explicitly highlight certain negative stereotypes, presumably in an attempt to allow for open discussion of any prejudices that the officers may hold, and to educate officers about attitudes and terminology that certain groups find offensive. Although theoretically a sound approach, in practice it is not clear whether these discussions serve to alleviate or to exacerbate prejudices. At the very least, the NYPD should be extremely careful about including these discussions in the training materials. Examples include:

Norman Siegel, executive director of the New York Civil Liberties Union, noted that the training materials contained culturally insensitive information.[254] He documented some of those examples in the dissenting report of the mayor's Task Force on Police/Community Relations.[255] He argued that instead of confronting and undoing stereotypes, the reading material reinforced disparaging stereotypes about immigrants and their impact on the city.[256] Hyun Lee, program director of the Committee Against Anti-Asian Violence, similarly characterized the training materials as really ludicrous [because] they reinforce stereotypes of immigrant communities, as foreign, as really different. [257]

Mr. Siegel also criticized the material for being unbalanced.[258] Some of the materials focused too often on certain communities while giving short shrift to others.[259] For example, he noted that there are 11 pages about Jewish people but only three paragraphs about Dominicans, the fastest growing immigrant community in the city.[260] In trying to find solutions for these problems, Mr. Siegel volunteered to start a class to undo stereotypes and present them at local police precincts.[261] Unfortunately, he reported that he was prevented from doing so because of administration and . . . management politics.[262]

Some may feel discussing prejudice and racism would be difficult in any context. In the context of training police officers to deal with a myriad of different ethnic and religious communities on a day-to-day basis in intense situations, this discussion would be extremely difficult. The training materials struggle to address these concerns. The NYPD has decided that instruction geared toward improving understanding of all the major cultures and religions of New York's residents will assist officers in policing different communities. Because fully understanding each culture and religion could take years of instruction years which the NYPD does not have to train its officers this approach quickly becomes problematic. The materials are forced to oversimplify and generalize when discussing New York's communities of color.[263] The oversimplifications and generalizations are likely to be stereotypes. To their credit, the materials themselves acknowledge this.[264] Some of the stereotypes used, like those listed above, however, are negative and of questionable relevance to the goal of training able police officers, and should, therefore, be removed.

In recognition of this problem, the materials caution officers against stereotyping individuals based on their identification with a given community. The materials candidly note that [n]o one should rely on culture-specific guidebooks or simplistic do s and don ts lists. While such approaches to cultural awareness are tempting, they do not provide sufficient insight and are often counterproductive. . . . It is more useful to have a broad framework from which to operate when analyzing and interpreting any situation. [265] This concept has been echoed by leading community members.[266] Although recognizing these limitations may be commendable, the materials are internally inconsistent because they send a confusing message: Should officers treat each individual differently according to the training he or she has received about the individual's ethnicity, or should the officer treat everyone the same? Clarity on this point is crucial. The confusion generated by the present materials is, at the very least, counterproductive.

The NYPD should reconsider its approach to diversity training and should eliminate negative stereotypes embedded within the materials. This could improve consistency of the message delivered to trainees, while leaving no question in the minds of officers regarding how they should interact with all New York residents.

Many in the New York community feel that the current training program needs improvement. The dissenters in the mayor's Task Force on Police/Community Relations advocated lengthening the training program to 1 year.[267] James Savage, president of the Patrolmen's Benevolent Association, testified that the department should improve its stop and frisk policy, including how we engage and disengage a stop and frisk of somebody who has not committed a crime where we have, in fact, made a mistake. [268] Dennis Walcott of the New York Urban League testified that the department must constantly reinforce the cultural sensitivity training on officers serving communities of color.[269] They must know the nuances, culture, and issues regarding immigrant populations and involve communities at local levels in the dialogue and discussion.[270]

Lorraine Cortes-Vazquez, president of the Hispanic Federation and a member of the NYPD's Board of Visitors, said that NYPD training should include cultural and language sensitivity training for officers. [271] Further, she advocated doing a massive training and a total turnaround around the way this police department deals with Latino youth, deals with youth of color as a whole. [272] Young people feel as if their lives are in danger . . . [especially when] they're stopped unnecessarily. [273] Ms. Cortes-Vazquez thought that there needs to be an organizational shakedown in terms of respect, discourteous behavior, and abusive language. [274] Trainers should be closely evaluated and reviewed.[275] Some trainers only get a day's worth of training before they begin instructing.[276] Training of trainers should be totally modified and expanded to ensure that quality is maintained.[277] She recommended modifying the substance of the training, including eliminating use of offensive training materials.[278] In addition, she believed that the way that information was communicated is quite scary in the sense that it is alarming. [279]

Ms. Cortes-Vazquez argued that since most abuses involve veteran officers, not new recruits, the former should be required to participate in these training sessions.[280] In addition, such training should include language preparation, especially in those languages spoken where the officers are assigned.[281] Howard Katz, acting director of the Anti-Defamation League, agreed and stated, When any officer reaches another level, gets promoted, whether it becomes a sergeant or detective or a commanding officer, they need to be retrained. [282] Further, he wanted this retraining requirement to be systemic through out the NYPD.[283]

The NYPD should consult with community leaders from each ethnic and religious group discussed in the materials to help ensure that negative stereotypes and inflammatory language are removed.[284] As discussed earlier, Norman Siegel of the New York Civil Liberties Union and Rev. Calvin Butts volunteered to assist in teaching diversity and cultural sensitivity directly to cadets and officers. Although the concepts of cultural understanding and rejection of stereotypes are far from mutually exclusive, the materials must be sensitive to the tension inherent in these concepts. They must take steps to ensure that officers understand how good officers are supposed to behave and what the differences among cultures may be that are relevant to policing.

Other examples of the continuing diversity training received by officers include streetwise language and culture training (African/Caribbean American, Spanish, Haitian/Creole, Russian, and Chinese);[285] in-service training;[286] OEEO orientation, describing key discrimination concepts and terminology and outlining the OEEO process;[287] 8 hours of in-service reinstatement training dealing with employment discrimination and sexual harassment issues;[288] precinct orientation; and the Precinct/Community Partnership program, which helps introduce new officers to the communities that they will be serving.[289]

Police Commissioner Safir particularly touted the NYPD's Streetwise Language, Culture and Police Work in NYC course.[290] It is aimed at new graduates and lasts a full day.[291] This course provides in-depth information on language and culture for five groups: Hispanic, Chinese, African/Caribbean, Russian, and Haitian.[292] The course uses media, role plays, case studies, presentations by seasoned police officers, problem-solving exercises, and interactive language instruction.[293] More than 3,100 newly graduated police officers received this training in 1999.[294]

Commissioner Safir also stated that cultural diversity training was done in collaboration with CUNY, St. Johns University, and Columbia University.[295] Dr. Manning Marable, director of the African Studies Institute at Columbia, advises on the curriculum.[296] Issues explored included relationships between the community and the police department, officer attitudes and their effect on how officers perform their duties, stereotypes, how to avoid stereotypical language, and dialogue between community leaders and the officers to discuss community concerns in a meaningful way.[297]

Ranking officers also receive training on diversity issues. The Leader Seminar Series, attended twice annually by sergeants and lieutenants, includes a 1-day lecture covering Courtesy, Professionalism and Respect strategy in the workplace and hostile work environment issues.[298] All new precinct commanders are required to attend seven, 3-hour training sessions, including one session about CPR.[299] Newly promoted sergeants and lieutenants attend a 4-hour Cultural Awareness Seminar defining and discussing culture, stereotypes, ethnicity, race, prejudice, and diversity.[300] The Executive Development program offers graduate-level seminars at the John Jay College of Criminal Justice, including mandatory courses on managing diversity, and the OEEO, and optional courses on new immigrants, gays and lesbians, African and Caribbean Americans, Hasidics, Asians, and Hispanics.[301]

Community leaders criticized these efforts as inadequate. Margaret Fung questioned the value of 1-day sensitivity training sessions which only touch the surface or public relations campaigns designed to promote the recruitment of minority police officers but fails to involve minority media in that process. [302] Rev. Calvin Butts insisted that there must be substantial changes in the training of police officers that serve New York City. [303] The dissenters on the mayor's Task Force on Police/Community Relations described the Executive Development program as equally deficient as the cadet-training program. [304] Programs relating to communities of color receive little or no attention, especially considering the dearth of programs focusing on handling police misconduct or excessive force.[305]

Sexual harassment generally subjects offenders to the same penalties and complaint procedures as other types of discrimination. Officers receive sexual harassment training in several forms. One lesson in the Police Academy curriculum specifically addresses sexual harassment.[306] As discussed above, a 1998 settlement agreement between the NYPD and United States required the NYPD to revise its sexual harassment training at the academy using input from the OEEO.[307] The academy's current sexual harassment materials define sexual harassment as any repeated, or unwanted verbal or physical advance, sexually explicit derogatory statement, or sexually discriminatory remarks made by someone in the work place which is offensive or objectionable to the recipient or causes the recipient discomfort or humiliation that interferes with the recipient's job performance. [308] A few specific examples of sexual harassment are listed, and the materials note that [f]rankly, the recipient decides whether or not an act is considered sexual harassment. [309] A case study is also included.[310]

The lesson focuses on the concepts of adverse impact of facially neutral policies, and disparate treatment of women because of their gender.[311] The materials go on to describe the OEEO complaint process, including Interim Order PG120-12.[312] The NYPD Sexual Harassment Policy Statement, stating that harassment is a prohibited form of discrimination and urging victims of harassment to contact the OEEO, is also included, as is a second interim order relating specifically to the display of offensive material in the workplace.[313] Other sexual harassment training includes:

The quality of the materials used in training is irrelevant if the instructors are not qualified and if the training is delivered in an environment not conducive to learning. Based on review of the materials submitted, it appears that the quality of instructors of diversity and sexual harassment training is spotty.[319] This is particularly troubling because, when dealing with sensitive, complex, and nuanced issues like racism and prejudice, poor instruction can lead to harmful misunderstandings among trainees.

Low quality instruction also contributes to the apparent unreceptiveness of many officers to diversity training. This unreceptiveness is exemplified by the experience of a congressional caseworker sent to the NYPD as a diversity trainer. She described her experience as abus[ive]. [320] Officers slept, ate, carried on personal conversations, openly groaned, and threw things at her.[321] The absence of a ranking officer in the room to even introduce the instructor contributed to these problems.[322] Others had similar experiences. Even when members of the clergy, like Rev. Butts, went into police precincts to give sensitivity training, they had to endure the abuse of the police officers sitting in front of us who would go to sleep, who would throw things at us, who would laugh, who would say, Yeah, you need to come on patrol with us, who would just dismiss it altogether. [323] This behavior might be attributable to the general sense that diversity training is given with a nod and a wink and that ranking officers and instructors often convey the impression that the diversity training is less important than other training.[324]

Effective training requires that officers must take the training seriously or risk facing disciplinary action. This commitment to diversity training should come from ranking officers, and incentives and discipline should be tailored accordingly. Alternatively, each officer should be tested on his or her knowledge of the material.

The ethnic and gender makeup of the instructors may also contribute to the deficiencies noted earlier. As in the NYPD generally, Police Academy instructors are not representative of New York City. Of 127 instructors, 85 are white, 30 are black, 7 are Hispanic, and 30 are women.[325] Improving the diversity of academy instructors is an important step toward increasing the effectiveness of NYPD's diversity training.[326]

The NYPD equips its officers with training materials and provides a number of instructional opportunities relating to the department's stop and frisk policies and procedures. While most of these materials capably instruct officers on the appropriate legal standards for conducting stop and frisk encounters, a handful of other materials take a more cavalier approach toward constitutional requirements, exalt officer safety over other important objectives or, worse still, provide officers with incomplete information. In particular, the NYPD's in-service stop and frisk training may fail to instill respect for adherence to constitutional procedures. The following is a general overview of the NYPD's principal stop and frisk training materials and mechanisms.

Chapter 5 of the Recruit Training Manual introduces new recruits to the legal circumstances that may justify stopping and frisking a suspect during a street encounter. The manual illustrates the De Bour[327] sliding scale of police conduct by analogy to a thermometer:

The manual instructs that [r]easonable suspicion means more than a hunch . . . [It] requires facts (valid reasons) which officers must articulate to show why they were suspicious, otherwise their suspicions will not be considered reasonable. [329]

Chapter 5 generally provides accurate descriptions of constitutional stop and frisk procedures and requirements through narratives and practice cases. In addition to the basic legal requirements for initiating a stop and frisk, the manual instructs recruits that [h]aving valid grounds for a stop does not allow unreasonable police conduct. . . . Every part of [the] investigation must be reasonable. [330] That being said, portions of the Recruit Training Manual are inconsistent regarding the importance of respecting and protecting individual rights:

These instructions correctly indicate that the law balances police safety and individual rights and then suggest that officers may strike a different balance that resolves all issues in favor of personal safety.

The New York City Police Department Patrol Guide Manual also provides guidance to police officers on appropriate stop and frisk procedures. In particular, the guide features a nine-page section entitled Practical Tips for New York Law Enforcement, which provides succinct, practical advice on Terry and De Bour procedures.[332] Practical Tips emphasizes the importance of officer credibility, restraint, and adherence to established constitutional standards. The guide instructs officers on the complex four-tiered approach of De Bour:

Moreover, the guide stresses that officers must be forthright regarding any and all events surrounding an arrest or other intrusion. For example, the guide warns that

Section 116-33 in the main body of the Patrol Guide Manual details Terry stop and frisk procedures. In outlining relevant procedures, this section of the guide may also emphasize officer safety to the exclusion of other important law enforcement objectives. For example, the stated purpose of the section is to protect uniformed members of the service from injury while conducting investigations involving stop and frisk situations. [335] This mission statement fails to account for the other purposes of articulating departmentwide stop and frisk procedures, including the prevention of crime, the apprehension of criminals, and the protection of individuals civil liberties. In addition, Section 116-33 provides a list of reasonably suspicious factors that may be cited in support of a stop, including demeanor of the suspect; gait and manner of the suspect; any knowledge of the suspect s background and character; whether the suspect is carrying anything and what he is carrying; manner of dress of suspect, including bulges in clothing; time of day or night; any overheard conversation of the suspect; particular streets and areas involved; any information from third parties; and proximity to scene of the crime. The guide should make clear that not all of these factors, standing alone, would suffice to establish reasonable suspicion of criminal activity. The mere fact that an individual is observed in a high crime area, for example, would generally not justify a stop under New York law, absent other evidence of criminal activity. Indeed, in People v. Cornelius,[336] the Appellate Division concluded that [t]he Constitutional protections against unwarranted intrusion by an agent of the State are not to be relaxed when an individual goes for a walk, or engages in otherwise innocent behavior, in a public area statistically known for a high incidence of crime. [337]

The NYPD's Office of Deputy Commissioner publishes a series of Legal Bureau Bulletins on stop, question and frisk policies and procedures. Volumes 17 and 25 of that series, entitled Stop, Question and Frisk and Street Encounters, instruct officers on basic Terry stop procedures. Volume 25, for example, instructs that

The bulletin further instructs officers that investigative steps . . . must be reasonably related to the circumstances which justified the stop, and that officers must be able to articulate reasons for fear of safety in order to conduct a frisk of the person stopped.[339]

The NYPD's in-service training consists of Police Academy In-Tac training, borough- and precinct-based training, and reinstatement training. The academy's In-Tac training consists of two 6-hour modules. The first module primarily consists of interactive role-playing sessions that cover a variety of topics, including stop and frisk. The second module concentrates on tactical issues, review of legal precepts, and NYPD policy.[340] The NYPD mandates such training for all officers and detectives under designated commands.[341] The NYPD also supports a borough-based training program and precinct-level training initiatives; however, from the materials provided by the NYPD, it is unclear whether (and to what extent) these programs train in-service officers on appropriate stop and frisk procedures.

Indeed, with the exception of the In-Tac training, the materials provided by the NYPD suggest that much of the in-service stop and frisk training officers receive is informal, sporadic, and of questionable benefit. Portions of stop and frisk training materials from the NYPD's Reinstatement Training program, for example, take a cavalier attitude toward the relevant constitutional requirements. These materials derisively characterize the Supreme Court's decision in Terry as follows:

Moreover, there is a concern that the training boards located within certain NYPD precinct houses may encourage officers to stop and search individuals to achieve quotas irrespective of whether officers have reasonable suspicion for the search. During the May 1999 hearing before this Commission, Officer Hiram Monserrate testified about the existence of a training board at the 111th Precinct in Queens with the words TOSS, TOSS, TOSS written allegedly by the commanding officer.[343] TOSS is police jargon, which means to stop and search individuals. This was with the absence of any legal training on search and seizures.

Such evidence suggests that much of the work the NYPD does in training new recruits and inexperienced officers on appropriate stop and frisk procedures may be eroded by sporadic, inadequate training, lackadaisical attitudes, and mixed messages once officers are active in the field.

Howard Katz of the Anti-Defamation League felt that training should involve community-based organizations.[344] The people who live in the city need to be a part of these training programs so the law enforcement officials hear from the people that they're going to be dealing with, working with, and sometimes interacting with, in sometimes hostile situations. [345] He suggested bringing training programs into local precincts taught by local community activists.[346]

Hyun Lee, program director of the Committee Against Anti-Asian Violence, felt strongly that change must come with introspection from the police department. She testified that before the NYPD starts talking about cultural sensitivity and the culture of other races, it needs to seriously examine its own culture of racism and brutality, which she characterized as deeply embedded in the department's policies and practices.[347] As an example, she discussed the huge discrepancy in the rates of indictments of civilian defendants in general and police officers accused of misconduct.[348] Such a discrepancy raises doubts in New York City about equal protection under the law. [349] The problem of police brutality resides with individual officers, the [officers] themselves are racists, and dealing with individual officers won't root out the problem. [350]

Ms. Lee also believed a conspiracy of silence existed.[351] She hoped the department would mandate protection of officers who testified against fellow officers.[352] She went further and recommended that the federal government mandate punishment for officers who lie under oath to protect criminal and brutal officers. [353]

The mayor's Task Force on Police/Community Relations concluded that the NYPD's training on diversity is

To remedy this, the mayor s task force report included a series of recommendations regarding training.[355] First, the report suggested changing the cultural diversity program at the Police Academy to place more emphasis on the importance of understanding the sources of attitudes and prejudice held by officers, and to utilize lectures, group discussions, and role plays. Exploration of the meaning of racism, sexism, bias, oppression, stereotyping, peer pressure, and related concepts should be included.[356] Second, the report recommended continuing the NYPD's collaboration with the New York State Regional Policing Institute, a group of law enforcement agencies, John Jay College of Criminal Justice, and community groups, which teaches officers and community leaders community-oriented policing skills.[357] Third, the report urged enhancement of the field training component of the Police Academy, including expanding field training from 3 months to 6 months, and mandated participation by each officer in community-based activities.[358] Fourth, the report proposed enhancing diversity training at the borough and precinct level, including creating precinct-specific source books with information about local communities and memo book inserts including language cards containing basic phrases of use to officers in dealing with their community, and enhancing in-service cultural diversity training for officers and in leadership training.[359] Fifth, the report suggested creating a board of visitors for the Police Academy to review the curriculum.[360]

These proposals are a good start toward correcting the problems in NYPD diversity training.[361] This might help reduce the serious race-related problems in the NYPD, including but not limited to brutality such as the sexual torture of Abner Louima inside a police precinct house and the killing of Amadou Diallo, which are human tragedies in the life of the NYPD. The NYPD claims that such incidents are isolated, and perpetrated only by a few bad apples. Even if this were true, one must ask what can be done to prevent such atrocities. Eliminating a relatively few ignorant sentences from a stack of training materials and implementing measures to force officers to take diversity training more seriously are unlikely to prevent officers from torturing or killing people of color. Then again, perhaps the ignorance reflected in some of the training represents a deeper problem in the NYPD that can be slowly corrected by the substitution of proper training materials for deficient materials, and by better training new officers.

Finding 2.1: The NYPD does not represent the diverse population of the City of New York. In New York, African Americans represent 31.6 percent of the population; Hispanics, 20.3 percent; Asian Americans and Pacific Islanders, 9.7 percent; and females, 53 percent. In contrast, in the NYPD, African Americans represent 15 percent of police force; Hispanics, 18 percent; Asian Americans and Pacific Islanders, 1.5 percent; and females, 13.8 percent. Hiring information from 1994 through 1998 suggested that diversity did not appreciably increase. In fact, African American hires decreased in this time period. Among NYPD ranking officers, few people of color have been promoted to these command levels.

Finding 2.2: The disproportionate representation of people of color and women on the NYPD stems, in part, from the application process. The NYPD receives fewer applications from people of color and women than white men. From 1994 through 1999, the passage rate for applicants of color was lower than for whites. Moreover, biases may exist in the system that eliminate candidates of color during the application process, including background checks and psychological testing.

Finding 2.3: The NYPD s recruitment campaign has specifically sought candidates who represent the racial and ethnic diversity of the communities it serves. The campaign has not adequately accomplished that goal despite millions of dollars spent. The NYPD s multimillion dollar advertising campaign failed to utilize local minority communities groups.

Finding 2.4: A large percentage of NYPD officers live outside the five boroughs, the very communities they are required to serve. Police officers who live in the borough might create familiarity between the residents and the officers. Officers might learn more about the local communities, have a greater stake in safe neighborhoods, and gain understanding and respect from residents.

Finding 2.5: Negative public perceptions of the NYPD contribute to the disproportionate representation of people of color on the force.

Recommendation 2.1: The NYPD must evaluate and revise its recruitment plans. It must increase the numbers of applicants and cadets from local communities of color. An aggressive affirmative action program must be instituted. It should establish a permanent minority recruitment unit with adequate funding. At a minimum, the NYPD should increase its preference points for applicants from New York residents and add other incentives for officers to move into the city. Preferably, the NYPD should require all police officers to live in one of the four New York boroughs.

Finding 2.6: The NYPD requires that new cadets have at least 60 college credits with at least a 2.0 grade point average. Although laudable, a more stringent requirement should be instituted to professionalize the police force. A professional police force would develop officers who possess sound judgment, good reasoning abilities, knowledge of law, and the maturity to deal effectively with the people they serve. Further, Civilian Complaint Review Board data indicate that officers with less than an associate degree are more likely to have substantiated complaints of misconduct against them.

Finding 2.7: The NYPD Cadet Corps and Explorers programs have positively affected minority recruitment into the force.

Recommendation 2.2: The NYPD should encourage all new police recruits to have a college degree. Or, new recruits who do not possess a college degree should be given paid leave or time off until they earn a baccalaureate degree. The NYPD should also build closer ties with local colleges and universities to recruit cadets, provide career guidance, and utilize faculty in its training programs. Additionally, it should expand the Cadet Corps and Explorers programs.

Finding 2.8: Having officers of color in command-level positions would improve police-community relations and decrease the likelihood of police misconduct. However, officers of color have difficulty reaching command levels. There may be biases built into the process, such as pressuring officers to produce summonses, arrests, and seizures while neglecting to provide incentives for officers who protect individual civil rights. This encourages officers to engage in unlawful and illegal practices. Some retaliation by the NYPD against officers who report such misconduct may occur. Also, the pressure harms police relationships with local communities.

Recommendation 2.3: The NYPD should evaluate its promotion process to determine what biases exist in the system and seek ways to improve the promotion of officers of color. The department may look to the promotion policies used by the U.S. military, for example, as a helpful guide in the enhancement of its existing promotion policies. Claims of retaliation should be investigated.

Finding 2.9: The NYPD failed to survey officers regarding discrimination or sexual harassment to adequately determine the true scope of the problem. The Office of Equal Employment Opportunity (OEEO) lacks proper funding and is understaffed and undertrained.

Recommendation 2.4: The NYPD should survey its officers regarding discrimination and sexual harassment. It should quickly implement the settlement terms of the lawsuit brought by the United States under Title VII of the Civil Rights Act with regard to sexual harassment, including providing additional funds to properly run the OEEO, hire additional staff, and adequately train employees.

Finding 2.10: Training is an essential element in developing good police officers. Cadets may not receive enough training time and experience, especially diversity training. The NYPD uses training materials with offensive and prejudicial racial, ethnic, religious, sexual, and gender stereotypes. Such materials exacerbate racial and ethnic tensions by oversimplifying and generalizing facts about the communities that are served. Additionally, sexual harassment training is inadequate.

Finding 2.11: The quality of instructors conducting diversity and sexual harassment training and the number of instructors of color need improvement. Poor instruction leads to harmful misunderstandings among trainees. Further, trainees do not take such training seriously.

Recommendation 2.5: The NYPD should change its diversity training and sexual harassment programs, including enhancing such training at the borough and precinct levels. It should include members of the local communities in developing courses. More training time must be devoted to diversity training. Negative stereotypes embedded within training materials should be eliminated. Materials should explore the meaning of racism, sexism, bias, oppression, stereotyping, peer pressure, and related concepts. The mandates required under the settlement agreement with the United States should be implemented to address the inadequate sexual harassment training. Trainees should be tested on the material.

Finding 2.12: The NYPD's in-service stop and frisk training occurred sporadically and is of questionable benefit. It also failed to instill respect for adherence to constitutional procedures. The training underemphasizes important law enforcement objectives in favor of officer safety and ease. The lack of regular continuing education courses on stop and frisk procedures contributes to misunderstanding by police officers.

Recommendation 2.6: Regular continuing education courses highlighting relevant constitutional requirements should be implemented for all officers regardless of rank.

[1] See New York City Police Department, 1998 Innovations in American Government Courtesy, Professionalism and Respect Strategy, p. 3 (hereafter cited as 1998 Innovations in American Government).

[2] See U.S. Commission on Civil Rights, Who Is Guarding the Guardians? October 1981.

[3] Ibid., p. 5.

[4] Rudolph W. Giuliani, mayor of the City of New York, statement to the U.S. Commission on Civil Rights, New York, NY, May 26, 1999, p. 14 (hereafter cited as Mayor's Statement).

[5] Rudolph W. Giuliani, mayor of the City of New York, testimony before the U.S. Commission on Civil Rights on Police Practices and Civil Rights in New York City, hearing, New York, NY, May 26, 1999, transcript, p. 40 (hereafter cited as New York Hearing Transcript).

[6] Sharpton Testimony, New York Hearing Transcript, p. 377. See 1990 Census, Social and Economic Characteristics: New York, table 7; 1980 Census, General Social and Economic Characteristics: New York, table 59; Peter F. Vallone, The NYPD: Blueprint for Reform, speaker of the New York City Council, May 12, 1999, p. 9 (hereafter cited as Vallone, Blueprint for Reform ).

[7] Sharpton Testimony, New York Hearing Transcript, p. 380.

[8] 1990 Census, Social and Economic Characteristics: New York, table 7; 1980 Census, General Social and Economic Characteristics: New York, table 59. Vallone, Blueprint for Reform, p. 9.

[9] Ibid. The most recent Office of Equal Employment statistics provided to the Commission are from 1996. They indicate that 14.6 percent of NYPD uniformed personnel were Hispanic, 9.8 percent African American, 1.1 percent Asian, and 16.5 percent female. EEO Summary Table, Apr. 30, 1996. It has been suggested that the figures regarding underrepresentation of people of color on the force might be somewhat overstated, because a disproportionate number of minority residents of New York City are not citizens, precluding them from becoming police officers.

[10] C.J. Chivers, Poaching Adds New Hurdles to Police Recruitment Efforts, The New York Times, Apr. 6, 2000.

[11] New York City Police Department, Ethnic/Gender Breakdown of Police Officer Hires (1994 1998).

[12] New York City Police Department, Police Officer Hires for Past Eight Years. Attrition rates for people of color and women may also play a role in the underrepresentation of these groups. No data on attrition were provided by the NYPD.

[13] Task Force on New York City Police/Community Relations: Report to the Mayor, March 1998, p. 50 (hereafter cited as March 1998 Task Force Report). Bucking the trend, far more minority women than white women have been hired recently. From 1994 through 1998, 981 minority women were hired, compared with 571 white women, a difference of almost 72 percent. New York City Police Department, Ethnic/Gender Breakdown of Police Officer Hires (1994 1998).

[14] The NYPD counters that, in fact, the opposite is true: Minorities are appointed to discretionary ranks in greater proportion than their representation in the Department, and earlier in their careers than white officers (emphasis omitted). Howard Safir, police commissioner, New York City Response to the Draft Report of the United States Commission on Civil Rights Police Practices and Civil Rights in New York City, May 16, 2000 (page numbers omitted) (hereafter cited as NYPD Response).

[15] New York City Police Department, Count of Personnel, Mar. 29, 1999.

[16] New York City Police Department, Proportion of Personnel in Rank (NYP 002319), Mar. 29, 1999. This trend might not hold for ranks above captain where, according to statistics cited by Commissioner Safir, people of color are significantly more likely to be promoted than whites. For example, 31.3 percent of whites with the civil service rank of captain or above have been promoted to higher ranks, compared with 47.4 percent of African Americans, 45.8 percent of Hispanics, and 50 percent of Asians. For certain positions, including lieutenant, sergeant special assignment, commander/supervisor detective squad, and detective first and second grade, African Americans and Hispanics are promoted between 2 and 6 years more quickly, on average, than whites. Safir Testimony, New York Hearing Transcript, p. 15. Because there are so few such officers, however, it is difficult to reach a conclusion regarding the reasons for and importance of these statistics.

[17] New York City Police Department, NYPD Recruitment Section: 1997 1998 Recruitment Drive, Final Report (NYP 000905) (hereafter cited as 1997 98 Recruitment Drive Report).

[18] Howard Safir, New York police commissioner, statement to the New York City Council Public Safety Committee, New York, NY, Apr. 19, 1999, p. 14 (hereafter cited as Safir Statement to Public Safety Committee). Statistics are not provided for women.

[19] Ibid. The NYPD now offers free tutorial classes to prepare applicants for the examination, which should help increase pass rates of those minority applicants taking the classes. March 1998 Task Force Report, p. 47.

[20] Ibid. The NYPD now offers free tutorial classes to prepare applicants for the examination, which should help increase pass rates of those minority applicants taking the classes. March 1998 Task Force Report, p. 47. Indeed, the NYPD reported that these efforts resulted in a 68.12 percent pass rate for minority candidates for the October 1999 exam. NYPD Response.

[21] Giuliani Testimony, New York Hearing Transcript, pp. 69 71.

[22] Ibid.

[23] Ibid., p. 71.

[24] Sergeant Anthony Miranda, president of the NYPD Latino Officers Association, testified that the citizenship requirement should be eliminated in order to open the door for the larger community of permanent residents to begin to participate in the legal process. Miranda Testimony, New York Hearing Transcript, p. 319. The mayor, however, insisted that the citizenship requirement is a legal requirement and therefore, despite the large number of noncitizen residents, he would not do away with this requirement. Giuliani Testimony, New York Hearing Transcript, p. 74. He stated: You start into a whole conceptual thing if you were to expand it to noncitizens. Ibid. Despite the difficulty and waiting requirements to become a citizen and then a police officer, the mayor insisted that if you want to a be a police officer, you should become a citizen and then become a police officer. That's a reasonable, sensible requirement of an orderly society. Ibid.

[25] <http://www.ci.nyc.ny.us/html/nypd/html/misc/po-test.html>.

[26] Ibid.

[27] <http://www.ci.nyc.ny.us/html/nypd/html/chfpers/apd.html>.

[28] Among the stated purposes of the psychological examination are eliminat[ing] candidates who exhibit emotional, behavioral or psychological problems that make them unable to avoid bias, manage stress or interact with diverse cultures and communities. 1998 Innovations in American Government, p. 3.

[29] <http://www.ci.nyc.ny.us/html/nypd/html/misc/po-test.html>; <http://www.ci.nyc.ny.us/html/nypd/html/chfpers/apd.html>.

[30] <http://www.ci.nyc.ny.us/html/nypd/html/chfpers/apd.html>.

[31] Safir Testimony, New York Hearing Transcript, p. 154.

[32] Ibid.

[33] Miranda Testimony, New York Hearing Transcript, p. 320.

[34] Ibid.

[35] Ibid.

[36] Ibid., pp. 320 21.

[37] Ibid., p. 321.

[38] Butts Testimony, New York Hearing Transcript, p. 98.

[39] March 1998 Task Force Report, Exhibit U.

[40] Ibid.

[41] Andrew Jacobs, Bad Cop, The New York Times, Nov. 10, 1996, sec. 13, p. 1.

[42] Gerald W. Lynch, Make College a Cop Requisite, Daily News (New York), June 21, 1995, p. 25.

[43] Gerald W. Lynch, College Degrees for Cops, USA Today, Feb. 5, 1996, p. 10A.

[44] Ibid.

[45] Ibid.

[46] Lynch, Make College a Cop Requisite, p. 25. There may be fears that instituting a college degree requirement would reduce the pool of applicants of color. However, Lynch found that the opposite was true. Ibid. A study several years ago of active city police officers showed that people of color are more likely to have a college education than white officers (26% vs. 23%). Ibid. In addition, the success of police training programs at the John Jay College of the City University of New York in recruiting officers of color provides ample evidence that a college degree requirement would improve diversity at the NYPD. Ibid.

[47] Roger Deitz, The Honor Roll: CUNY s John Jay College of Criminal Justice, The Ethnic Newswatch, Sept. 25, 1998, p. 18. The college is a liberal arts institution dedicated to education, research, and service in criminal justice and fire science, and in related areas of public safety and public service. Ibid. According to its literature, it aims to develop graduates with the intellectual acuity, moral commitment, and professional competence to confront the challenges of crime, justice, and public safety in a free society. Ibid. The college offers an undergraduate and graduate curriculum that balances the arts, sciences, and humanities with professional studies, encouraging them to develop a continuing relationship with learning and service, and an awareness of the diverse cultural, historical, and political forces that shape society. Ibid.

[48] 1997 98 Recruitment Drive Report.

[49] Limited information on the recruiting pitch used to generate interest in minority candidates and women was provided to the Commission, making it difficult to analyze the deficiencies in the recruitment effort that have contributed to the underrepresentation problem.

[50] March 1998 Task Force Report, p. 50. See also Michael Meyers, Margaret Fung, and Norman Siegel, Deflecting Blame: The Dissenting Report of the Mayor's Task Force on Police/Community Relations (New York Civil Liberties Union: March 1998), p. 65 (hereafter cited as Meyers et al., Deflecting Blame).

[51] March 1998 Task Force Report, p. 50; Meyers et al., Deflecting Blame, p. 65.

[52] Giuliani Testimony, New York Hearing Transcript, p. 43.

[53] Mayor's Statement, p. 14.

[54] 1997 98 Recruitment Drive Report.

[55] Ibid. Minority representation at these schools ranges from 69 to 96 percent. Ibid.

[56] Mayor's Statement, p. 14.

[57] New York City Police Department, City Resident Recruitment Drive.

[58] Butts Testimony, New York Hearing Transcript, p. 136.

[59] Ibid.

[60] Mayor's Statement, p. 15.

[61] 1997 98 Recruitment Drive Report.

[62] This possibility could not be evaluated by the Commission because information about the substance of the advertisements, presentations, and other NYPD recruitment efforts was not provided by the NYPD.

[63] Vallone, Blueprint for Reform, p. 9.

[64] NYPD Response.

[65] Ibid., p. 39.

[66] Howard Safir, police commissioner, Comments on the FY 2000 Executive Budget Presented before the New York City Council, May 20, 1999, p. 5.

[67] Safir Testimony, New York Hearing Transcript, pp. 211 14.

[68] Ibid.

[69] Ibid.

[70] The Arnell Group (now known as the Arnell Group Worldwide). NYPD Response. The Arnell Group provided its services pro bono as a gift to the city.

[71] Minority Media Snubbed in NYPD Recruitment Campaign, New York Amsterdam News, May 20 26, 1999, p. 1; Sharpton Testimony, New York Hearing Transcript, pp. 377 90. The head of the Soho-based agency defended its actions by explaining that no contracts for performing the advertising had yet been entered, and that minority-owned media might be used.

[72] Sharpton Testimony, New York Hearing Transcript, p. 377.

[73] Ibid.

[74] Ibid., pp. 377 78. The NYPD disputes this witness's testimony. NYPD Response.

[75] <http://www.ci.nyc.ny.us/html/nypd/html/misc/po-test.html>.

[76] Giuliani Testimony, New York Hearing Transcript, p. 14.

[77] Ibid.

[78] Ibid., p. 73.

[79] Ibid.

[80] Ibid. p. 15; Safir Testimony, New York Hearing Transcript, p. 193.

[81] Green Testimony, New York Hearing Transcript, p. 280.

[82] Ibid.

[83] Cortes-Vazquez Testimony, New York Hearing Transcript, p. 368.

[84] Sharpton Testimony, New York Hearing Transcript, p. 381.

[85] Green Testimony, New York Hearing Transcript, p. 281.

[86] Katz Testimony, New York Hearing Transcript, p. 411.

[87] Ibid., pp. 412 13.

[88] See New York Hearing Transcript, nn. 7 14.

[89] March 1998 Task Force Report, p. 48.

[90] See, e.g., New York City Police Department, CPR Courtesy Professionals and Respect Pamphlet, August 1997; New York City Police Department, City Resident Recruitment Drive Community Outreach Component; New York City Police Department, City Resident Recruitment Drive; Memorandum from Chief of Personnel to Police Commissioner of Apr. 23, 1999, Proposal for Police Trainee Program.

[91] New York City Police Department, Personnel Borough Past, Present, and Future, September 1995, p. 5.

[92] March 1998 Task Force Report, p. 46.

[93] Meyers et al., Deflecting Blame, p. 57.

[94] Vallone, Blueprint for Reform.

[95] March 1998 Task Force Report, p. 48; Meyers et al., Deflecting Blame, pp. 57 58.

[96] Meyers et al., Deflecting Blame, p. 57.

[97] Ibid., pp. 57 58.

[98] Ibid., p. 58.

[99] March 1998 Task Force Report, p. 48; Meyers et al., Deflecting Blame, pp. 57 58 .

[100] March 1998 Task Force Report, p. 49.

[101] Ibid.

[102] Ibid. Safir Statement to the Public Safety Committee, p. 90.

[103] Meyers et al., Deflecting Blame, p. 57.

[104] Mayor's Statement, p. 15. In fact, the NYPD reported that the law enforcement high school has been established. NYPD Response.

[105] Mayor's Statement, p. 15.

[106] See, e.g., New York City Police Department, Cadet Corps Brochure, revised May 1999 (hereafter cited as Cadet Corps Brochure); New York City Police Department, Final Report of the Committee on the Future of the Police Cadet Corps, Dec. 15, 1995 (hereafter cited as Cadet Corps Report).

[107] Cadet Corps Report, p. 10.

[108] Ibid.

[109] New York City Police Department, Police Cadet Corps Loan Agreement.

[110] Cadet Corps Brochure, p. 1.

[111] Cadet Corps Report, p. 2.

[112] Ibid.

[113] Gerald W. Lynch, Make College a Cop Requisite, Daily News (New York), June 21, 1995, p. 25.

[114] Ibid., p. 2.

[115] The mayor's task force report states that from 1995 to 1998 the Cadet Corps budget was reduced from $1.4 million to $900,000 and enrollment shrunk from 175 cadets to 51. March 1998 Task Force Report, p. 48.

[116] Vallone, Blueprint for Reform, p. 10.

[117] Lynch, Make College a Cop Requisite, p. 25.

[118] Ibid.

[119] Ibid.

[120] New York City Police Department, Law Enforcement Explorer Manual.

[121] Ibid.

[122] Ibid.

[123] Memorandum re: Breakdown of Law Enforcement Explorers, Apr. 16, 1996. In 1997 there were 2,600 Explorers; figures are not available for 1996. District Committee Meeting Minutes: Law Enforcement Exploring, July 10, 1997.

[124] Giuliani Testimony, New York Hearing Transcript, p. 41. According to the NYPD, the written examination is administered in accordance with the civil service law by the Department of Citywide Administrative Services (DCAS). Members of the NYPD write each examination under the supervision of the DCAS. NYPD Response.

[125] Giuliani Testimony, New York Hearing Transcript, pp. 41 42.

[126] The NYPD asserts that the drug test is not a requirement to sit for the exam, but the test is required to actually be promoted. NYPD Response.

[127] Notice of 6/19/99 Examination for Promotion to Captain; Notice of 5/22/99 Examination for Promotion to Lieutenant; Notice of 10/26/96 Examination for Promotion to Sergeant.

[128] The materials provided do not elaborate on what these requirements and conditions are.

[129] Notice of 6/19/99 Examination for Promotion to Captain; Notice of 5/22/99 Examination for Promotion to Lieutenant; Notice of 10/26/96 Examination for Promotion to Sergeant.

[130] Ibid.

[131] NYPD Response.

[132] Notice of 6/19/99 Examination for Promotion to Captain; Notice of 5/22/99 Examination for Promotion to Lieutenant;
Notice of 10/26/96 Examination for Promotion to Sergeant.

[133] Notice of 6/19/99 Examination for Promotion to Captain; Notice of 5/22/99 Examination for Promotion to Lieutenant; Notice of 10/26/96 Examination for Promotion to Sergeant.

[134] The NYPD refuses to speculate on the reasons for underrepresentation of women and people of color but ventures to say that the pool of candidates for promotional exams is limited by the employees of the next lower level. NYPD Response. This suggests that underrepresentation occurs at these levels and that the NYPD has a serious problem with diversity.

[135] Officers earn departmental awards for highly creditable acts of police service. Credit for these awards is added to the scores of candidates who have passed the written exam, thus affecting placement on the promotion list. NYPD Response.

[136] Interim Order AG303-19 requires EEO performance to be considered in evaluating members of service and deciding whether a member of service will receive a promotion. EEO factors considered include whether the member of service has violated department equal employment policy, Title VII of the Civil Rights Act, or other applicable employment opportunity laws. The manner in which these factors are considered and the impact of a negative evaluation on promotion prospects are not stated. Interim Order AG303-19, Sept. 16, 1998 .

[137] Please note that the sworn testimony of the witnesses, particularly those employed by the NYPD, are relevant, in part, to provide an understanding of the perceptions and tensions within the NYPD involving officers of color.

[138] Savage Testimony, New York Hearing Transcript, p. 168.

[139] Ibid.

[140] Ibid., p. 169.

[141] Mr. Savage believed that this and other pressures have negatively affected officers relationships with the very communities they served. Ibid. He stated: As officers strive to satisfy this ever-increasing demand, they find themselves using up the reservoir of goodwill they had built up with the public. Ibid.

[142] Leader Testimony, New York Hearing Transcript, p. 326.

[143] Ibid.

[144] Monserrate Testimony, New York Hearing Transcript, p. 294.

[145] Ibid.

[146] Ibid., p. 297.

[147] Adams Testimony, New York Hearing Transcript, p. 323.

[148] Monserrate Testimony, New York Hearing Transcript, p. 337.

[149] Ibid.

[150] Ibid.

[151] Adams Testimony, New York Hearing, p. 334.

[152] Ibid.

[153] Ibid.

[154] Ibid., p. 335.

[155] Ibid.

[156] Lee Testimony, New York Hearing Transcript, pp. 360 61.

[157] But see NYPD Response (providing an OEEO Report of Dec. 31, 1999, that includes statistics for calendar year 1999).

[158] The NYPD counters that it has in place several measures to address retaliation within the department. NYPD Response.

[159] See U.S. Commission on Civil Rights, Racial and Ethnic Tensions in American Communities: Poverty, Inequality, and Discrimination, Volume V: The Los Angeles Report, May 1999, p. 77.

[160] According to the NYPD, the OEEO has elected to conduct written confidential inquiries of controlled groups to ascertain if employment discrimination has occurred. NYPD Response. However, the NYPD failed to provide that information or the results of the inquiries to the Commission.

[161] A crucial step toward recruiting more members of minority groups is provid[ing] clear evidence that members of minority groups . . . will have equal opportunities regarding assignments and promotion. U.S. Commission on Civil Rights, Who Is Guarding the Guardians? October 1981, p. 12.

[162] Interim Order PG120-12, Sept. 15, 1998.

[163] Ibid., p. 2.

[164] Ibid., pp. 4 5.

[165] Ibid., p. 3.

[166] Ibid.

[167] Ibid., p. 4.

[168] Settlement Agreement between the United States of America and the New York City Police Department, June 18, 1998, p. 1 (hereafter cited as U.S. NYPD Settlement Agreement).

[169] Ibid.

[170] Ibid., pp. 2 7, 27 30.

[171] These changes appear to have been reflected in Interim Order PG120-12, discussed above and below.

[172] Indeed, the NYPD has already implemented certain measures. NYPD Response.

[173] New York City Police Department, Equal Employment Opportunity Policy 1997 (NYP 000931); OEEO Transition Briefing for the New Police Commissioner, Apr. 1, 1996, p. 3.

[174] Interim Order PG120-12, Sept. 15, 1998, p. 4.

[175] Ibid., p. 5.

[176] Ibid., pp. 4 5.

[177] Ibid., p. 6.

[178] Ibid., p. 5.

[179] Ibid., p. 7.

[180] Ibid., p. 5.

[181] Ibid., p. 7.

[182] Ibid., p. 5.

[183] Ibid.

[184] Ibid.

[185] The Office of Equal Employment Opportunity, 1996 Annual Report, p. 13 (hereafter cited as OEEO 1996 Annual Report).

[186] Ibid., p. 14. According to the NYPD, all OEEO investigators must be certified in EEO studies by Cornell University. They take courses in pursuit of this certificate that include: the law of EEO, EEO selection and performance management, data analysis for EEO professionals, and resolving EEO complaints. NYPD Response.

[187] Ibid.

[188] Memorandum from Deputy Commissioner, Equal Employment Opportunity, to Police Commissioner, Apr. 17, 1996.

[189] U.S. NYPD Settlement Agreement, p. 28. The NYPD reports that in 1998, it complied with the settlement agreement by increasing the OEEO staff to 35, including a captain and 2 lieutenants. NYPD Response.

[190] OEEO 1996 Annual Report, p. 13.

[191] OEEO Annual Investigations Overview 1996, Jan. 2, 1997, p. 2.

[192] OEEO 1996 Annual Report, p. 13. No information on the magnitude of the increase in complaints to external agencies was provided to the Commission.

[193] The NYPD contends that other reasons exist explaining why employees resort to outside agencies rather than the OEEO. Among them were the desire to receive a monetary reward rather than discipline of the offender and/or corrective measures. Moreover, the NYPD asserts that its efforts to enhance OEEO policies and practices demonstrate its seriousness in addressing employment discrimination of all types. NYPD Response.

[194] OEEO 1996 Annual Report, p. 13.

[195] The NYPD provided some information in its response. NYPD Response.

[196] Under the June 18, 1998, settlement agreement with the United States, the NYPD was supposed to develop an investigator's manual. U.S. NYPD Settlement Agreement, pp. 18 20. That manual has not been provided to the Commission.

[197] Mayor Giuliani has described the NYPD as the most professional and best-trained police department in the country . . . unified by a common theme: respect for human life and respect for the citizens of New York. Ibid. Mayor Giuliani noted that New York City police officers receive a tremendous amount of training in areas of cultural sensitivity. Giuliani Testimony, New York Hearing Transcript, p. 7.

[198] There are an estimated 100 languages spoken by an estimated 210 ethnic groups in New York City. 1998 Webber Seavey Courtesy, Professionalism and Respect Strategy.

[199] Walcott Testimony, New York Hearing Transcript, p. 107.

[200] Katz Testimony, New York Hearing Transcript, p. 384.

[201] Safir Testimony, New York Hearing Transcript, p. 154.

[202] Lapp Testimony, New York Hearing Transcript, p. 171. In its response, the NYPD stated that substantial data supports these assertions and provided some additional information. NYPD Response.

[203] State of New York, Office of the Attorney General Eliot Spitzer, The New York City Police Department's Stop and Frisk Practices: A Report to the People of the State of New York from the Office of the Attorney General, 1999, p. 60.

[204] Ibid.

[205] Ibid., p. 61.

[206] NYPD Response.

[207] Safir Testimony, New York Hearing Transcript, pp. 158 60.

[208] Ibid.

[209] Ibid.

[210] Ibid., p. 161.

[211] Ibid.

[212] Ibid., p. 163.

[213] Ibid., p. 158.

[214] Ibid., pp. 158 60.

[215] Ibid.

[216] Ibid.

[217] Ibid.

[218] Ibid.

[219] Ibid.

[220] New York City Police Department, Behavioral Science Curriculum Student Materials, 1999 (hereafter cited as Behavioral Science Curriculum).

[221] Giuliani Testimony, New York Hearing Transcript, p. 8.

[222] Ibid.

[223] Mayor's Statement, p. 7.

[224] Ibid.

[225] Ibid.

[226] Ibid.

[227] Ibid.

[228] Ibid.

[229] Ibid.

[230] See, e.g., Behavioral Science Curriculum, Lesson 13.

[231] Katz Testimony, New York Hearing Transcript, pp. 384 85.

[232] Behavioral Science Curriculum, pp. 1 5.

[233] Behavioral Science Curriculum, Instructor Syllabus.

[234] Behavioral Science Curriculum, pp. 1 5.

[235] Ibid.

[236] Ibid., pp. 16, 112.

[237] Ibid., p. 83.

[238] Ibid., pp. 105 18.

[239] Ibid., pp. 119 48.

[240] Behavioral Science Curriculum. A complete set of the materials used in 1999 was not provided for these lessons; however, the structure of the 1999 syllabus is identical to that used with earlier materials. The following discussion is partially based, therefore, on pre-1999 materials. In its response to a draft version of this report, the NYPD provided its overview of the curriculum. NYPD Response.

[241] Behavioral Science Curriculum, Student Syllabus.

[242] March 1998 Task Force Report, p. 53.

[243] For example, the materials note that ethnic jokes are demean[ing], Behavioral Science Curriculum, p. 6; stereotypes are insidious, ibid., p. 16; and that prejudice usually develops out of fear or ignorance, ibid., p. 108.

[244] See New York City Police Department, Courtesy, Professionalism and Respect, a Training Strategy for Organization Development, NYPD Police Academy 1996 ( The point is that people are different; we try to fit into the main culture but, some of us can't totally assimilate into the dominant culture, no matter how hard we may try. See also New York City Police Department, Social Science Department Student Syllabus, revised April 1997 (hereafter cited as 1997 Revised Student Syllabus). In its response to a draft version of this report, the NYPD stated that assimilation references that existed in the training materials were removed in May 1998. NYPD Response.

[245] Behavioral Science Curriculum, Lesson # 13: The Latino Community, Mexican Immigrants.

[246] Behavioral Science Curriculum, Lesson # 13: The Latino Community, p. 6.

[247] Behavioral Science Curriculum, Lesson # 13: The Latino Community, Dominican Immigrants.

[248] 1997 Revised Student Syllabus, p. 95.

[249] Ibid., p. 103. In its response to a draft version of this report, the NYPD said these training materials were revised in May 1998. NYPD Response.

[250] 1997 Revised Student Syllabus, p. 57.

[251] Ibid.

[252] Behavioral Science Curriculum, p. 120.

[253] Ibid., p. 21. In its response to a draft version of this report, the NYPD stated that these references in the training materials were removed in May 1998. NYPD Response. Moreover, this material was replaced by a book by Nancy Foner that includes an entire chapter on Dominican immigrants. NYPD Response.

[254] Siegel Testimony, New York Hearing Transcript, p. 112.

[255] Meyers et al., Deflecting Blame, pp. 44 46.

[256] Ibid., p. 113.

[257] Lee Testimony, New York Hearing Transcript, p. 338.

[258] Siegel Testimony, New York Hearing Transcript, p. 113.

[259] Ibid.

[260] Ibid.

[261] Ibid., p. 115.

[262] Ibid.

[263] For example, the training materials contain very brief lists of accomplishments of various ethnic groups, presumably to show that members of these groups have significant accomplishments, thereby casting the group as a whole in a positive light. These lists may insult those ethnic groups described and may exacerbate any prejudices held by officers because they imply that the listed items are all, or at least the most important, accomplishments of members of each group. Examples are a one-half page list of Contributions of African American People or a list of six Famous Arabs. Behavioral Science Curriculum.

[264] See, e.g., 1997 Revised Student Syllabus, pp. 46, 55.

[265] 1997 Revised Student Syllabus, pp. 48 49. See also ibid., p. 46; Behavioral Science Curriculum, p. 5 (noting that generalizations like all blacks are good athletes deny African Americans individual identities).

[266] Lee Testimony, New York Hearing Transcript, p. 388 (stating that some of the training materials are really ludicrous, because they imply that there's something cultural that you have to figure out about them, that they're really different from us. And arguing that the message should be . . . that officers need to just respect people and [not] violate their civil rights. . . . ).

One technique useful for dealing with confrontational situations with all members of the public is verbal judo, which is taught to all officers at the Police Academy. Behavioral Science Curriculum. Verbal judo trains officers to use verbal and nonverbal strategies to retain emotional control, temper [their] reckless pride, and generate compliance, without allowing situations to escalate. New York City Police Department, Police Students Training Guide, revised June 1998.

[267] Meyers et al., Deflecting Blame, p. 69.

[268] Savage Testimony, New York Hearing Transcript, p. 190.

[269] Walcott Testimony, New York Hearing Transcript, p. 130.

[270] Ibid.

[271] Cortes-Vazquez Testimony, New York Hearing Transcript, p. 364. In its response to a draft version of this report, the NYPD counters that it has a course called the Interactive Language Workshop and provides all new recruits with a book of Spanish phrases. NYPD Response.

[272] Cortes-Vazquez Testimony, New York Hearing Transcript, p. 368.

[273] Ibid.

[274] Ibid.

[275] Ibid., p. 390.

[276] Ibid. In its response to a draft version of this report, the NYPD maintains that each Police Academy instructor has completed a 2-week method of instruction class and is certified by New York State Division of Criminal Justice Services, Bureau of Municipal Police. NYPD Response.

[277] Cortes-Vazquez Testimony, New York Hearing Transcript, p. 390.

[278] Ibid.

[279] Ibid., pp. 390 91.

[280] Ibid., pp. 391 92. In its response to a draft version of this report, the NYPD counters that veteran officers receive such training. NYPD Response. Additionally, [w]e have trained over 30,000 in-service personnel in Verbal Judo. Ibid.

[281] Cortes-Vazquez Testimony, New York Hearing Transcript, pp. 391 92.

[282] Katz Testimony, New York Hearing Transcript, p. 386. The NYPD responded that newly promoted sergeants are given a 27-day program that includes a field training component. New lieutenants and new captains receive 12 and 20 days of training, respectively. There is a cultural awareness component in every single course that we give. NYPD Response.

[283] Katz Testimony, New York Hearing Transcript, p. 386.

[284] It appears that the NYPD may already be instituting this proposal. Commissioner Safir testified that Dr. Manning Marable, director of the African American Studies Institute at Columbia University, is reviewing the curriculum, as are religious and community leaders. Safir Testimony, New York Hearing Transcript, pp. 194 95. In its response to a draft version of this report, the NYPD listed some of its curriculum advisors. NYPD Response.

[285] The Streetwise program includes several videotapes discussing the importance of respect, trust, and cultural understanding (including language skills) between officers and their communities. The videos address the problems of prejudice and stereotypes, and include interview segments with community members. Margaret Fung, executive director, Asian American Legal Defense and Education Fund, considered the inadequate number of bilingual police officers who speak an Asian language a major problem. Fung Testimony, New York Hearing Transcript, p. 93. There are few bilingual officers who can be called upon to adequately deal with street encounters in Asian American neighborhoods. She advocated several solutions. Ibid. For a further discussion of the Streetwise program, see NYPD Response.

[286] New York City Police Department, Precinct Level Training Instructor's Guide, 1998. This language training pales in comparison with the 89 hours of Spanish training for all Los Angeles Police Department officers. See Racial and Ethnic Tensions in American Communities; Poverty, Inequality, and Discrimination, Volume V: The Los Angeles Report, U.S. Commission on Civil Rights, May 1999, p. 168.

[287] OEEO Orientation Lesson Cover Sheet, prepared September 1998. The OEEO Orientation is a 2-hour session. Ibid.

[288] New York City Police Department, Reinstatement Program, prepared October 1998. All members of service receive this training pursuant to the June 18, 1998, settlement agreement with the United States.

[289] March 1998 Task Force Report, p. 61.

[290] Safir Testimony, New York Hearing Transcript, p. 159.

[291] Ibid., pp. 159 60.

[292] Ibid.

[293] Ibid., pp. 158 60.

[294] Ibid.

[295] Ibid., p. 194.

[296] Ibid.

[297] Ibid., pp. 158 60.

[298] March 1998 Task Force Report, p. 64.

[299] Ibid.

[300] New York City Police Department, Cultural Awareness Seminar Instructors Materials, prepared June 1995. Like the Police Academy materials, these materials contain stereotypes of certain groups. Examples of questions to ask to understand different cultures include, Why do Asians eat a lot of rice? and Why do older Italian women wear black all the time? Ibid., p. 5.

[301] March 1998 Task Force Report, pp. 64 65.

[302] Fung Testimony, New York Hearing Transcript, p. 92.

[303] Butts Testimony, New York Hearing Transcript, p. 98.

[304] Meyers et al., Deflecting Blame, p. 46.

[305] Ibid.

[306] Behavioral Science Curriculum, pp. 163 88.

[307] U.S. NYPD Settlement Agreement, p. 1.

[308] Behavioral Science Curriculum, p. 165 (emphasis in original).

[309] Ibid., p. 166.

[310] Ibid., pp. 167 68.

[311] Ibid., p. 163.

[312] Ibid., pp. 180 87.

[313] Ibid., pp. 172, 188B.

[314] New York City Police Department, In-Service Training, Video Cassette EEO Message, 1996 EEO Sexual Harassment.

[315] Ibid.

[316] New York City Police Department, Management Training: Equal Employment Opportunity.

[317] New York City Police Department, In-Service Training Lesson Plan, revised 2/99.

[318] New York City Police Department, In-Service Training, Sexual Harassment Workshop.

[319] Documents provided to the Commission on Civil Rights did not describe the training administered to the instructors.

[320] Payne Testimony, New York Hearing Transcript, p. 437.

[321] Ibid., pp. 437 38.

[322] Ibid.

[323] Butts Testimony, New York Hearing Transcript, p. 135.

[324] Katz Testimony, New York Hearing Transcript, pp. 384 85.

[325] Meyers et al., Deflecting Blame, p. 43.

[326] In its response to a draft version of this report, the NYPD provided a demographic breakdown in percentages of the Behavioral Science Department. NYPD Response. It further stated that the percentages of women and African American officers in the Police Academy are higher than in the NYPD as a whole. Ibid.

[327] See n. 332 of this chapter.

[328] New York City Police Department, Recruit Training Manual, p. 2.

[329] Ibid., p. 9.

[330] Ibid., p. 14.

[331] Ibid., p. 22.

[332] These procedures are the result of the landmark cases Terry v. Ohio, 392 U.S. 1 (1968) and People v. De Bour, 40 N.Y.2d 210, 386, N.Y.S.2d 375, 352 N.E.2d 562 (1976). In Terry, the Supreme Court held that the police must have a reasonable suspicion of some wrongdoing before stopping a person. In De Bour, the New York Court of Appeals established a four-tier approach to guide officers from their initial stop of a person to their arrest. For a complete discussion of these cases, see chap. 5 of this report.

[333] New York City Police Department, Practical Tips for New York Law Enforcement, Patrol Guide Manual, p. xxi.

[334] Ibid., p. xix (emphasis added).

[335] New York City Police Department, Patrol Guide Manual, p. 660.

[336] 113 A.D.2d 666, 497 N.Y.S.2d 16 (N.Y. App. Div. 1986).

[337] Id. at 671.

[338] New York City Police Department, Legal Bureau, Street Encounters (NYP 017631).

[339] New York City Police Department, Legal Bureau, Street Encounters (NYP 017632).

[340] See New York City Police Department, In-Service Training Section, 1998 In-Tac Training Interim Order 1/4/95, p. 30.

[341] NYPD Response.

[342] New York City Police Department, In-Service Training Section, Reinstatement Training Justification Lesson, p. 2.

[343] Monserrate Testimony, New York Hearing Transcript, p. 292.

[344] Katz Testimony, New York Hearing Transcript, p. 384.

[345] Ibid., pp. 384 85.

[346] Ibid., p. 386.

[347] Lee Testimony, New York Hearing Transcript, p. 350.

[348] Ibid., p. 351.

[349] Ibid.

[350] Ibid., pp. 387 89.

[351] Ibid., p. 352.

[352] Ibid., pp. 352 53.

[353] Ibid., p. 353.

[354] March 1998 Task Force Report, p. 53.

[355] Many of these recommendations are in the process of being or have already been implemented.

[356] March 1998 Task Force Report, p. 55.

[357] Ibid., p. 58.

[358] Ibid., pp. 59 60.

[359] Ibid., pp. 61 65.

[360] Ibid., p. 56.

[361] Indeed, in its response to a draft version of this report, the NYPD stated that it has made progress implementing some of these recommendations. NYPD Response.