Press Room

Public Advocate Jumaane Williams and Council Member Brad Lander released the following statement in response to an Executive Order issued by Mayor Bill de Blasio establishing an Algorithms Management and Policy Officer, tasked with ensuring that city agencies develop algorithms in ways that promote fairness and accountability, but creates a potential loophole for law enforcement agencies.

"Data-driven decision-making has the power to totally transform how government allocates resources and serves people, for better or for worse. The algorithms being used to decide everything from where kids go to school, to who can get public assistance, and which neighborhoods are allocated more police attention must be assessed for equity and bias, else we risk recreating ingrained patterns of discrimination and inequality.

"We know from our work fighting to pass the Community Safety Act that structures for oversight and accountability are critical to reforming ingrained patterns in our policing. That's why we are so disappointed to learn that under the new reporting requirements, law enforcement officials would have the potential ability to exempt certain data without specific justifiable cause.

"Decades of racially discriminatory policing have left us with troves of biased data that continue to inform today's predictive policing algorithms, creating feedback loops that recreate harmful overpolicing in communities of color. Policies like stop, question and frisk taught us that institutionalized bias is hard to shake, and harder still when bias is masked by seemingly neutral calculations.

“New York has the opportunity to lead the way on ensuring equity, fairness, and accountability over algorithmic decision-making. We welcome the creation of the Officer of Algorithms Management and Policy, which can help us ensure that we are taking seriously the need for transparency and accountability in how algorithms work, what data they use to make decisions, and how they impact people. There cannot be an exemption for law enforcement, so we ask the administration to provide clarification and necessary change."

Public Advocate Jumaane D. Williams spoke about the need for transparency in body-worn camera usage today at a New York City Council hearing with representatives of the NYPD. He highlighted the need to reform the department's policy on viewing footage, as well as the need to pass his legislation, Intro 1136, which would require the Police Department to submit quarterly public reports on information regarding the use of body-worn cameras. Additionally, the department would be required to annually publish information on each incident requiring an officer to engage body-worn cameras in accordance to Department policy.

This hearing comes as the NYPD has recently released new policy regarding body-worn camera footage. Video of the hearing can be viewed here.

The Public Advocate's full statement is below and can be downloaded here. TESTIMONY OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS TO THE NEW YORK CITY COUNCIL COMMITTEE ON PUBLIC SAFETY OVERSIGHT HEARING ON NYPD'S ROLL-OUT OF BODY WORN CAMERAS November 18, 2019 Good morning, My name is Jumaane D. Williams, Public Advocate for the City of New York. I would like to thank Chairman Donovan Richards and the committee members for holding an oversight hearing on the New York Police Department (NYPD)'s use of body-worn cameras.

In 2013, the City Council passed the Community Safety Act, which established an Inspector General for the police department and eased the path for those with claims of bias-based policing to file claims in court. When my colleagues and I pushed for these reforms, critics and detractors shunned this legislation and claimed our proposals would reverse the drop in crime our City has seen through the '90s and '00s. We were told that the "sky was falling," and that biased-based policing was the best, even the only, way to keep crime down, and that the police needed to continue the abuses of the tactic known as stop-question-and-frisk. We were told that adherence to a 'broken windows' mentality and method of quality of life enforcement was necessary to make our streets safer.

We knew then that those assumptions were not true. We knew that we could have better policing and safer streets at the same time- and we were right. For the past six years, since passing the Community Safety Act, New Yorkers have experienced the lowest crime numbers in the "seven major index crime" categories - such as murder, assault, and robbery - than at any other time since the 1950s. I want to acknowledge that to victims of crimes and their families, those statistics mean nothing. I also want to acknowledge the recent uptick of shootings in certain areas. This of course means we must continue to do more. We must also avoid knee-jerk reactions in favor of advancing the strategies we know work.

The bill being heard today - Intro 1136-2018 - furthers the discussion. The bill requires the police department to submit quarterly public reports on information regarding the use of body-worn cameras. The department would also be mandated to annually publish information on each and every incident requiring an officer to engage body-worn cameras in accordance with department policy. This piece of legislation is essential to ensuring that we have full transparency in the information we get from the NYPD. Since the Inspector General's Office kicked off in 2014, it has had the chance to look further into policing matters than any other office before it, and it has received a tremendous amount of raw data in the form of body-worn camera video. But the millions of body-worn camera videos that the City now has are not public, and there has not been a discussion on how to make those videos available to the public, let alone to the victims and their family members. Intro 1136-2018 would give New Yorkers access to information about these body-worn camera videos.

The need for greater transparency is evident now more than ever. In April of this year, two police officers were responding to a 911 harassment call at Hill House in the Bronx, in which one of them fatally shot a man named Kawaski Trawick. According to NYPD, Trawick charged at them with a knife in one hand and a stick in the other. The entire situation was captured on police body-camera video, and yet, up until now Kawaski's family has not been able to see the footage.

Just two months ago in the Bronx, a police chase resulted in 15 police bullets killing Brian Mulkeen, a plainclothes officer, and Antonio Williams, a civilian whom the police had stopped during a patrol. Officer Mulkeen did not have his body camera on, but the other five officers on the scene had their cameras on. Although Commissioner O'Neill said in October that the NYPD will end up releasing the footage from the body-worn cameras that show the moments leading up to the shooting, no video footage has been released to the public as of yet.  The information reported from Intro 1136-2018 would not only give families like Kawaski's, Williams' and Mulkeen's answers to the questions that remain but also provide them with a small amount of closure. And right now, they have neither.

I also recommend the following departmental body-worn camera policy changes: 1) share footage with CCRB and District Attorneys in the same timeframe as federal and state authorities - 24 hours; 2) reduce the timeframe used to disseminate footage to the public; 3) allow for the release unedited footage to the family and/or the public; 4) provide equal access of the footage to the family and the members of service.

Accountability and transparency are at the heart of Intro 1136-2018. It is important that we respect our men and women in blue, and provide them the tools they need to do their job. We must also ask that they respect the civilians whom they police. Our communities and the police will be better off if we hold our officers to that standard.

I would like to thank Council Member Lancman for co-sponsoring this legislation. I would like to also thank a few staff for helping me prepare for today's hearing, including Nick E. Smith, First Deputy Public Advocate of Policy, Michelle Kim, Director of Legislation, Crystal Hudson, First Deputy Public Advocate of Community Engagement, Rama Issa-Ibrahim, Deputy Public Advocate of Justice, Health Equity and Safety, and Darian Harley, Community Organizer for Justice, Health Equity and Safety. Again, I thank the Council for hosting this hearing today, and would be happy to answer any questions.

The New York City Council today passed legislation by Public Advocate Jumaane D. Williams codifying the creation and continued existence of the School Diversity Advisory Group, originally convened by Mayor Bill de Blasio, to develop solutions to addressing the systemic segregation in New York City schools. The Advisory Group has released two reports to date, with detailed proposals for increasing diversity in city schools and in select programs. The legislation, Intro 1550-A, is one of three bills sponsored by the Public Advocate which was passed by the City Council today.

"I'm a New York City public school baby, and I'm proud of that fact and the education I received," said Public Advocate Williams. "But despite that pride and because of that history, I know that our deeply segregated school system, and our students within it, are in desperate need of reform. The School Diversity Advisory Group is critical because it involves taking the input of these people experiencing our education system up close in order to change it. My bill today expands the reach of that group across years, administrations, and boroughs." Established in 2017, the advisory group was tasked with "working to reshape citywide policies and practices such as admissions and program planning." Intro 1550-A, which passed overwhelmingly today, codifies the advisory group to be made up of Council appointments, a public advocate appointment, and mayoral appointments. This codification would build upon the critical work already done by the group and extend it beyond any one administration as part of a multi-year framework. It would also require quarterly meetings and public hearings in each of the five boroughs. Members of the group will include at least 27 members tasked with producing an annual public report that examines ways to increase school diversity. The annual report will require a multi-year plan to be developed and adopted by the Department of Education to address integration in schools. The report will also require a one-year look back measurement to track measurement of goals achieved. In addition to the passage of Intro 1550-A, the Council also passed two other pieces of legislation sponsored by the Public Advocate, including Intro 720-C, related to construction safety, and Intro 716-A, related to affordable housing.

"In the yearlong delay since this report was set to be released- which still has not been seen by the public nor the task force members, even as its recommendations are implemented- the conversation around mental health crises has shifted in language and policy. We need to treat mental health crises as health emergencies, not criminal acts, as I laid out in my office's report last month. However, while these recommendations outline some policy shifts which I am glad the administration has agreed to, the focus and resources aimed at the NYPD, including a co-response model, is not the direction the city should be going toward in the long term. We need a non-police first response to mental health crises, and this plan does not even put us on a path toward that goal.

"We already ask too much of law enforcement, and a criminal response to a medical emergency only heightens the chance of tragedy and reduces the likelihood that those in need will call for help in the first place. A team of mental health responders, sent out by a dispatcher well-trained in recognizing mental health emergencies, from a newly designated emergency number, is the path forward, and I hope to continue to work with the administration toward these critical reforms."

" Today, the United States has lost a great leader - a giant of civil rights, a champion of democracy and of our country, with the passing of Representative Elijah Cummings. A statesman who believed in the best of this nation, its government, and its people while holding to account when those marks were not met, he held us to our highest ideals.

"The death of Representative Cummings is a tragedy, his life a model of commitment to public service and to the people of Baltimore whom he served for decades. His courage, strength and pursuit of justice will long be remembered, in generations of leaders who have been inspired by his public work and personal character."

Public Advocate Jumaane D. Williams called for the repeal of Section 50-a today at a hearing by the New York State Senate Committee on Codes. Section 50-a of the New York State Civic Rights Law relates to restricting access to personnel records of police officers, firefighters, and correction officers.

In his testimony, the Public Advocate supported passage of S3695/A2513 in the State Legislature. He is the sponsor of a resolution in the City Council calling for this legislation to be passed on a state level. Public Advocate Williams highlighted that if 50-A is not repealed, "public trust in our law enforcement and the NYC administration will continue to be eroded" by denying transparency and accountability. He further stressed that "Passing this legislation does not mean that we are anti-police or that we do not very much support our men and women in blue, who are tasked with protecting us every single day. To the contrary, it is because of our support of them and better policing we know this must be repealed."

The full text of his testimony as written is below and can be downloaded here. TESTIMONY OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS TO THE NEW

YORK STATE SENATE STANDING COMMITTEE ON CODES PUBLIC HEARING ON POLICING, REPEALS PROVISIONS RELATING TO PERSONNEL RECORDS OF POLICE OFFICERS, FIREFIGHTERS, AND CORRECTIONAL OFFICERS

OCTOBER 17, 2019 Good afternoon,

My name is Jumaane D. Williams, and I am Public Advocate for the City of New York. I would like to thank Chairman Jamaal T. Bailey and the Members of the Standing Committee on Codes for holding this hearing on Senator Bailey's bill, S3695, which repeals section 50-A of the New York State Civil Rights Law. This bill would repeal provisions relating to personnel records of police officers, firefighters, and correction officers, essentially making them available to the public.

The interpretation and application of section 50-A deprives the public of information fundamental to oversight and lends a shield of opacity to the very public state and local police agencies that have perhaps the greatest day-to-day impact over the lives of citizens. Section 50-A increases the harms caused to New Yorkers who experience police abuse by denying them and their loved ones access to information as to whether departments take disciplinary action against officers who mistreat them, which includes withholding information about officers whose actions result in a person's death. It also prevents us all from creating a true system to identify officers who, with early intervention, can be put on a corrective force or guided to another career before the worst occurs. Between 2011 and 2015, at least 319 NYPD staff committed offenses, including lying under oath, driving under the influence, and excessive force with almost no serious consequence.

Given the clear lack of discipline with regard to police misconduct, Chairman Bailey's bill is crucial for enforcing accountability and improving police-community relations. That is why I have introduced Resolution 750-2019 - with 21 council members' support - calling on the New York State Legislature to pass, and the Governor to sign S3695/A2513 in the beginning of next year's session.

There is nothing more corrupting than power exercised in secret. Those are the words of the late investigative journalist, Daniel Schorr, who was number 17 on Nixon's enemy list, and his words ring even more true today. The NYPD's ability to operate with almost zero public consequences in cases of misconduct and abuse is a clear example of power exercised in secret - and it is corrupting. We must demand transparency and accountability at all levels of government, and that includes ensuring that those in charge of protecting us are also answerable to us. Passing this legislation does not mean that we are anti-police or that we do not very much support our men and women in blue, who are tasked with protecting us every single day. To the contrary, it is because of our support of them and better policing we know this must be repealed.

If we do not repeal section 50-A, public trust in our law enforcement and the NYC administration will continue to be eroded. The two areas where people are yearning to see change are transparency and accountability, and we have not seen much progress in those areas, unfortunately. Section 50-A can no longer be used as an excuse to tie the hands of District Attorneys as a reason for a slap on the wrist treatment of officers who have undermined their duty to serve and protect.

I am sad that not much has changed in the two areas I have mentioned. Repealing 50-A is a necessary step toward justice for Eric Garner, for Saheed Vassell, for Ramarley Graham, for Delrawn Smalls, for Dwayne Jeune, for their families, and for the countless New Yorkers who are just asking for truth and openness.

For those reasons, I urge the members of the Senate to pass S3695. Again, thank you to Chairman Bailey and the Members of the Standing Committee on Codes for taking up this issue.