NEW YORK�While the New York Police Department (NYPD) attempts
to maneuver itself around the number of pending investigations
looking into police brutality and misconduct charges, it�s been
hit with a lawsuit which highlights the discriminatory practices
within their disciplinary process. The Latino Officers Association
has filed a federal lawsuit against NYPD, charging the department
disproportionately disciplines officers of color more harshly than
their white counterparts.
"There�s been a number of hearings and reports over the
years, but none has been willing to take on the NYPD because of
the politics, the way they are, they were left with no options. We�re
filing this lawsuit because minority officers are systemically
discriminated against during disciplinary procedures,"
Sergeant Tony Miranda, of the Latino Officers Association told The
Final Call. "We�re looking to create a change in the NYPD
by bringing forth an array of cases involving Blacks and Latinos
which proves discrimination."
"The NYPD doesn�t comment on the merits of a case
pending litigation but I will say that it�s well known that the
Latino Officers Association has filed numerous suits against the
city and the department. It�s a group that has a political
agenda, primarily interested in media attention," said
department spokesperson Marilyn Mode.
According to Mr. Miranda, Hiram Monseratte, Latino Officers
Association second vice president, was transferred within hours of
their announcing the lawsuit. "There�s been ongoing
investigations against the leadership of our organization,
including the surveillance of our general membership
meetings," Mr. Miranda maintains.
The New York police department has an internal process to
discipline their officers. Called the administrative trial room,
there are three deputy commissioners who act as judges. They
recommend a penalty to the police commissioner before a final
decision is reached. Police officer Rafael Collazo said there are
unfair practices in the administrative trials and hearings when it
comes to non-whites. He describes a racist and politically
influenced atmosphere, which has permeated the disciplinary
process.
"It�s used as a tool to intimidate and terminate fellow
officers who wish to report any incidents of police brutality,
misconduct or other criminal wrongdoing in the precinct. As a
result, the process doesn�t breed any confidence and actually
lowers morale amongst the officers, Black, white, or Latino,"
Mr. Collazo explains.
Sgt. Eric Adams, of 100 Blacks in Law Enforcement Who Care,
says its a major issue. "They�re (NYPD) very quick when it
comes to disciplining Latino and Black officers but they don�t
use their disciplinary powers to go after the criminal element (in
the department). They reserve that power on those who speak out on
the criminal wrong doings occurring within the department. They
don�t go after the Justin Volpe�s or the Francis Livoti�s.
They go after someone like Ivette Walton and terminate her from
the department because she testified about Street Crime Unit
activities."
The Latino Officers Association contends white officers are
routinely slapped on the wrists, while non-white officers are
afforded harsher disciplinary action resulting in loss of vacation
time or in some cases, firing. Several officers spoke of a double
standard between white officers and officers of color. They want
the administrative trial room to be eliminated and the proceedings
to be conducted in the Office of Administrative Trials and
Hearings (OATH) instead.
"It�s their belief that police officers are more likely
to get a fairer trial because of its independence from the
internal confines of the police department as well as its public
forum. Consequently, more officers will come forward and report
criminal wrong doings without the fear of retribution usually in
the form of bogus charges from NYPD officials," said Mr.
Miranda. "We�re seeking structural changes in disciplinary
hearings not just for minority officers but to serve all officers.
The current system must be eliminated because NYPD�s position is
that these are only isolated incidents. But if you have someone
independent evaluating and reviewing the data, the facts will bear
out and prove these are not just isolated incidents."