Introduction to the Controversy
A state judge has granted a temporary restraining order preventing the NYPD from firing police officers who it claims were hired in an "improper process."
Reaction from the Police Benevolent Association
In a statement, PBA President Patrick Hendry said: "We grateful for the pause in these unjust firings, but this is only the first step. These police officers did nothing wrong. It is not their fault that their hiring was tainted by a rogue inspector and arbitrary process. In many cases, they were initially disqualified for minor issues and may have been hired on appeal if given the opportunity to do so. Many of these police officers have served with distinction. some have even received awards for their work protecting their communities. All we are asking for is the fair process they were denied, so they can continue to show who they truly are. These dedicated officers have already proven their value. They must be treated like the professionals they are.”
Judicial Decision
In his decision, judge Paul A. Goetz said that the NYPD and the city are temporarily "restrained from implementing or enforcing the termination policy, including, without limitation, from terminating the employment of any of the officers who the NYPD deemed subject to the termination policy."
Background on the Issue
News comes mere hours after the NYPD allegedly found nearly three dozen officers who should not have been hired during the time period where a new lawsuit alleges "improper" promotions and transfers compromised standards within the department, an NYPD spokesperson said in a statement Thursday. The NYPD required those officers to leave their posts.
Allegations of Improper Promotions and Transfers
The revelation comes a day after James Essig, the NYPD’s former chief of detectives, filed a lawsuit alleging he was forced out of the department and retaliated against because he raised concerns over what he viewed as improper promotions and transfers between 2023 and 2024.
He also claimed former NYPD leadership was “selling promotions” for up to $15,000, according to a copy of the complaint.
Details of the Disqualified Hires
According to the NYPD’s Thursday statement, 31 hires between 2023 and 2024 had received formal notices of being disqualified during the application process. That can only be appealed through the Civil Service Commission in Albany, yet those 31 hires became officers.
The NYPD says it is following the law in saying they can’t be any longer.
According to the statement, reasons the individuals were initially disqualified including lying about past criminal convictions and/or previous arrests and/or criminal summonses and/or prior terminations from other jobs.
Departmental Actions
The head of the NYPD’s Candidate Assessment Division has been transferred to the housing unit. He is facing departmental charges in connection with his tenure at CAD, according to a source familiar with the matter.
Lawsuit Allegations
Chief James Essig retired in September 2023 and says he was forced out as a three-star chief after a 40-year career after he challenged former NYPD Chief of Department Jeffrey Maddrey and former NYPD Police Commissioner Edward Caban, then the first deputy commissioner, over what he considered promotions and transfers to specialized units within the Detective Bureau that didn’t align with department policy.
The suit alleges that starting in 2023, Maddrey sought to bypass the official transfer process.
It says, “Essig noticed that there were a high number of unusual and/or unvetted transfers of Investigators to the CTFD [Criminal Task Force Division]. “
The suit alleges that, “other officers in Essig’s office who were also involved in oversight of the transfer process began to notice that unqualified or inexperienced Detective Investigators were being referred for transfer, or were being placed into CTFD units despite being rejected as unqualified or inexperienced.”
The suit says that Essig went to then-First Deputy Police Commissioner Caban with his concern about transfers of investigators saying, “We can’t be doing this.”
The suit alleges that Caban responded by saying, “Do you have a problem with this?”, and that since Caban was Essig’s superior, Essig felt he could not directly challenge Caban.
The suit continues, alleging Maddrey was involved in the transfers but it was Caban who also had friends and “cronies” selected for discretionary promotions that bypassed the official process.
“Upon information and belief, this is because Caban was selling promotions in exchange for up to $15,000”, the suit alleges.
The suit raises questions about transfers into the NYPD’s Special Victims Division. It says, “an unusually high number of unvetted detectives were being transferred into the Special Victims Unit (‘SVU’).”
Because of the challenges of that unit the suit says it was under significant outside scrutiny and the suit says, “Essig was especially wary about unvetted transfers into and promotions within SVU because he knew that when he testified at oversight hearings, the City Council would ask very detailed questions about the procedures SVU used for selecting detectives.”
Essig alleges that Caban and Maddrey came up with a plan “with the implied and tacit approval of defendant Mayor Adams” to force his retirement from the NYPD.
The suit alleges, “In August 2023, in accordance with the aforementioned plan, Caban offered Essig two options: either accept a demotion to Captain (a position five ranks below his current rank of three-star chief) and accept a salary cut of between $40,000-$50,000 per year or resign.”
As a result, Essig says he was forced to retire before he planned.
Lawsuit Demands
He is suing for lost wages, pay increases, and commensurate increases to his pension, as well as punitive damages, and court fees.
Three other former members of the NYPD have also filed lawsuits.
Response from City Hall
A spokesperson for the mayor’s office said City Hall will review the lawsuits.
"The Adams administration holds all city employees — including leadership at the NYPD — to the highest standards, and our work at the department speaks for itself: crime continues to topple month after month both above and below ground, with our city seeing lowest number of shootings in recorded history," Press Secretary Kayla Altus said. "That is no coincidence — it’s thanks to the Adams administration’s laser focus on public safety. We will review the lawsuits."
Defense Against Allegations
Caban’s attorneys, Russell Capone and Rebekah Donaleski, partners at Cooley LLP, released a statement calling the allegations baseless.
"There is no merit to the allegations raised in these complaints, including the unsupported and reckless suggestion that former Commissioner Caban accepted anything of value in connection with promotions," the statement said. "Former Commissioner Caban will vigorously defend against these claims and is evaluating all available legal options in response."
A request for comment to Maddrey’s attorney wasn’t immediately returned.
An attorney for Philip Banks, a former deputy mayor of New York City for public safety and a retired law enforcement officer who served as NYPD’s chief of department for two years, says he’s done nothing wrong.
“Mr. Banks has nothing to do with this case and has been named in many inquiries but has done absolutely nothing wrong," attorney Benjamin Brafman said.
Conclusion
The controversy surrounding the hiring and promotion practices within the NYPD has led to a series of lawsuits and a temporary restraining order against the department’s decision to fire officers who were allegedly hired improperly. The situation highlights the need for transparency and accountability within the department to ensure that all officers are held to the highest standards of integrity and professionalism.
FAQs
- Q: What is the basis of the lawsuit filed by James Essig against the NYPD?
A: The lawsuit alleges that Essig was forced out of the department after he raised concerns about improper promotions and transfers. - Q: How many officers were found to have been hired despite being disqualified during the application process?
A: According to the NYPD, 31 hires between 2023 and 2024 had received formal notices of being disqualified. - Q: What is the response from the mayor’s office to the lawsuits?
A: The mayor’s office stated that it will review the lawsuits and emphasized its commitment to holding all city employees to the highest standards. - Q: What are the allegations against former NYPD Police Commissioner Edward Caban?
A: The lawsuit alleges that Caban was involved in selling promotions for up to $15,000 and that he, along with former Chief of Department Jeffrey Maddrey, forced Essig’s retirement from the NYPD.
