NYPD watchdogs and elected officials have denounced former Police Commissioner Edward Caban’s final act as head of the department: Tweaking the agency’s “disciplinary matrix” for officers accused of misconduct.
According to a report by The City, Caban — who resigned on Sept. 12 amid a federal investigation into allegations of abuse of power and misconduct involving his twin brother, James — altered the matrix just three days before he handed in his resignation on Thursday. This appeared to be an apparent effort to weaken penalties for cops who commit violations on or off the job.
The NYPD confirmed that the changes were made, but there was no indication whether interim Police Commissioner Tom Donlon, sworn into duty on Friday, would consider reversing the matrix changes Caban made on the way out.
The City reported that the “watered-down” changes to the disciplinary matrix included reduced punishments for violating NYPD rules and regulations, abuse of authority, using discourteous or foul language, off-duty misconduct, firearm-related incidents, and prohibited conduct. Punishments for such offenses were reduced from the loss of vacation days or a suspension period to only “additional training.”
The changes brought great concern from both criminal justice advocates and City Council members who champion police accountability.
“With misconduct complaints against the NYPD at their highest level in over a decade, the department is again doubling down on its already watered-down disciplinary system, reinforcing the NYPD’s culture of impunity,” Lupe Aguirre, a senior staff attorney at the New York Civil Liberties Union told The City.
City Council Speaker Adrienne Adams and Public Safety Committee Chair Yusef Salaam, meanwhile, called Caban’s final act an alarming misuse of power.
“New Yorkers need accountability and transparency from the NYPD because building public trust is the key to public safety. For outgoing Commissioner Caban to lessen penalties for police misconduct and abuses on his way out of office, amidst an ongoing federal investigation, is an alarming misuse of power. The Council enacted the creation of a disciplinary matrix with the NYPD to help ensure proper and standardized penalties for misconduct. Yet under this administration, we continue to see the erosion of accountability and safeguards designed to protect New Yorkers,” part of the statement read.
Both Speaker Adams and Salaam urged Donlon to “review this decision and reverse it and other recent actions that have diminished the accountability and trust necessary for public safety.”
Donlon, a retired FBI chief and homeland security expert, took the oath of office as interim police commissioner in a behind-closed-doors ceremony on Friday at 1 Police Plaza. He then met with several police officials, such as Deputy Commissioner of Intelligence and Counterterrorism Rebecca Ulam Weiner, for what was described as a “threat assessment” meeting.
The NYPD attempted to swiftly distance itself from the outgoing Caban by adding a note on the police commissioner’s ‘X’ account that looked to ensure a distinction was made between the two men.
“Content posted from July 17, 2023 through September 12, 2024 is attributed to Police Commissioner Edward A. Caban. Content posted as of September 13, 2024 is attributable to Interim Police Commissioner Thomas G. Donlon,” the post read.
