Res 0532-2024

Whereas, Police officers and their departments can face claims of negligence, failure to protect, false arrest, excessive use of force and civil rights violations; and Whereas, The litigation associated with defending against these claims can be costly as can settlements or judgements; and Whereas, According to the New York City Comptroller, the number of tort claims filed against the New York City Police Department ("NYPD") increased from 4,588 in FY 2022, to 6,891 in FY 2023, representing a 50 percent increase; and Whereas, FY 2023 marks the first time since FY 2014 that the number of tort claims filed against the NYPD increased from the previous year; and Whereas, According to the Comptroller's report , NYPD tort claim settlement and judgment payouts increased from $239.1 million in FY 2022 to $266.7 million in FY 2023, a 12 percent increase; and Whereas, The report also indicates the number of NYPD tort claim settlements and judgments decreased by two percent, to 2,821 in FY 2023 from 2,877 in FY 2022; and Whereas, Payouts on NYPD tort claims accounted for 36 percent of the total overall cost of the City's resolved tort claims in FY 2023 and the New York City Comptroller anticipates high NYPD expenditures in FY 2024 due to ongoing reversed conviction claim filings, driven by increased efforts from District Attorney's offices to review past convictions; and Whereas, Police professional liability insurance covers police officers and departments for acts, errors, and omissions made during their professional duties; and Whereas, Liability insurance would significantly reduce taxpayer waste and improve police conduct as local governments would benefit saving millions, as the insurance companies and the officer would be responsible for lawsuit payouts; and Whereas, S.3515/A.2220 sponsored by New York State Senator Nathalia Fernandez and New York State Assemblymember Alicia Hyndman seek to amend the general municipal law to require police officers to maintain liability insurance and to amend the public officers law to exclude police officers from provisions requiring defense and indemnification of state officers and employees; and Whereas, This State legislation would require all police officers to obtain and maintain liability insurance during their employment, with their employer covering the base rate of the policy and exclude police officers and peace officers from employees indemnified and held harmless by the state; and Whereas, S.3515/A.2220 aligns with principles of fiscal responsibility, improved public safety, and enhanced accountability, making it a prudent and necessary step for City residents; now, therefore, be it Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign S.3515/A.2220, in relation to requiring police officers to maintain liability insurance. CMB LS#17294 7/26/24