APPENDIX
EXHIBIT 1
THE CITY OF NEW YORK
LAW DEPARTMENT
Municipal Building
New York, N. Y. 10007
J. LEE RANKIN, Corporation Counsel
May 14, 1970
The Honorable John V. Lindsay
Mayor of the City of New York
City Hall
New York, N.Y. 10007
My dear Mr. Mayor:
As a result of allegations of corruption in the New York City Police Department you appointed this Committee and charged it with a three-fold responsibility: (1) to evaluate the procedures presently employed by the Police Department to investigate charges of corruption in order to ascertain whether these procedures provide the public with adequate assurance that charges of police corruption are dealt with vigorously, promptly and fairly; (2) to recommend improvements in these procedures; and (3) to investigate the charges of corruption and other allegations growing out of the announcement of the Committee's formation.
This assignment involves the integrity of the principal law enforcement agency of this City and is therefore of major importance to the community. In our brief period of existence the Committee has met four times and taken the following initial steps in what must now be regarded as an undertaking of far greater magnitude than that originally envisioned when this Committee was created:
1. At the Committee's request, Police Commissioner Howard Leary has furnished a report of the existing procedures employed by the Police Department for the investigation of charges of corruption.
2. The public has been requested to supply the Committee with any information it has concerning acts of police corruption. As of this date, 375 complaints have been received. The Commissioner of Investigation is evaluating and investigating these charges, in some instances in conjunction with the appropriate District Attorney.
3. The Committee has requested the five District Attorneys in New York City to provide summaries of prosecutions of police officers for acts of corruption over the past five years in order that we might ascertain the extent to which existing law enforcement agencies have delved into this problem.
4. Under present law a City employee is required to give 30 days notice before his retirement becomes effective. The Police Department has found that in many instances this time period does not permit a proper investigation and disposition of charges of corruption against members of the police force, particularly if criminal charges are also under investigation. Other City departments have encountered similar problems with regard to allegedly dishonest employees seeking to retire and obtain their pension benefits. The Committee recognizes that it would be unfair to require all City employees to be subjected to a longer period of notice. However, where charges have been filed against an employee, he should not be permitted to retire prior to 60 days from the date of these charges in order to permit the City, after fair hearing, either to dismiss or otherwise discipline the employee or to absolve him of the allegations. Consideration should also be given to changes in the law which would permit the divesting of pension rights in those instances where employees, after their retirement, have been convicted of crimes which relate to the performance of their City jobs. An employee should not be permitted to acquire pension rights under circumstances which, if they were known at the time, would have caused his dismissal from City service.
These steps represent only the beginning of the work which must be done in order for the people of this City to feel confident that its Police Department is free of corruption. A thorough evaluation of police procedures must go forward. Most importantly, however, a thorough investigation of specific charges of corruption must be undertaken backed by whatever resources of men and money is necessary in order to do the job. To facilitate this investigation members of the police force must be urged by the Mayor and by the Police Commissioner to advise the District Attorneys of any known acts of corruption. Commissioner Leary has stated unequivocally that no reprisals of any kind will be permitted against a member of his department who comes forward with such information. Any member of the department who feels that reprisals have been instituted against him should be assured that he can report this fact directly to the Mayor's office with full confidence that the Mayor himself will undertake to protect him against reprisals by the Department.
To state the magnitude of the task, however, is to indicate why this Committee would find it most difficult to perform it. An investigation only of the charges thus far received requires a full-time investigative body with a skilled full-time staff. The members of your Committee all have demanding responsibilities in connection with their respective offices. It is unfair to the public and to the positions they hold for the members of this Committee to attempt to perform the investigation which the job requires and which the public has a right to demand.
It has also been suggested that because of our several official positions there could be conflict between our responsibilities in our offices and as Committee members. While we do not accept the validity of this suggestion, we all agree that those undertaking so important a responsibility for the community should not only be free from any conflicts but also should be free from any appearance thereof. We, therefore, recommend to you that your Committee be disbanded and that it be replaced with an independent investigative body, appointed by you from the private sector, with full authority to carry forward this investigation. It must have the cooperation of the District Attorneys and all City agencies, most particularly the Department of Investigation and the Police Department, and should refer to the District Attorneys all cases which warrant criminal prosecution. Such an investigative agency should have an adequate staff and should be able to draw upon appropriate City agencies for assistance.
The Members of this Committee pledge their full cooperation to you and to the new investigative agency which we urge you to appoint.
Sincerely,
FRANK S. HOGAN
HOWARD R. LEARY
J. LEE RANKIN
BURTON B. ROBERTS
ROBERT K. RUSKIN