Commissioner Peters at a press conference (photo: @NYC_DOI)
It took Mayor Bill de Blasio and the New York City Police Department two years to accept what the city’s Department of Investigation had uncovered in 2015, DOI Commissioner Mark Peters said recently: that quality-of-life crime enforcement, like marijuana arrests, does little to reduce violent crime and that these arrests disproportionately affect people of color.
When the DOI came out with the report detailing these findings, it experienced pushback from the mayor, who publicly questioned the accuracy and methodology behind the data, as well as from then-NYPD Commissioner Bill Bratton. But, at a City Council hearing last month, NYPD Commissioner James O’Neill, who succeeded Bratton, not only agreed that marijuana arrests had little bearing on the reduction of violent crime but also acknowledged the need for a comprehensive study on why these arrests disproportionately affect communities of color -- something DOI’s 2015 report recommended.
“Would it be better if everybody agreed on that two years earlier?,” asked Peters, the DOI commissioner since 2014, on a recent episode of the What’s The [Data] Point podcast from Gotham Gazette and Citizens Budget Commission. “Sure. But the point is, two years later, the NYPD in fact has accepted the basic premise of our report [and] has agreed to do the thing we think needs to be done.”
Since Peters took over DOI after being nominated by de Blasio and confirmed by the City Council, the department’s work – including investigations into the NYPD, the city’s public housing authority (NYCHA), the Department of Correction, and other city agencies – has made many waves, including by frustrating de Blasio on several occasions as it has uncovered waste, fraud and abuse in city government. It is a testimony to the agency’s cherished independence, according to Peters, which is critical to earning and increasing the public’s trust in government and its ability to tackle serious problems.
Establishing a clear sense of independence at the department, however, was something Peters had to work early on to establish given that, as treasurer, he had been a key part of de Blasio’s mayoral campaign in 2013. But as DOI has released both incremental and bombshell reports over the past four-plus years, Peters has earned praise from skeptics. He has also overseen the doubling of personnel at DOI, in large part due to building out the new office of the Inspector General of the NYPD, which has produced some of the most controversial work of the Peters-de Blasio era, after its creation was enshrined into law by the City Council in 2013 over a veto by then-Mayor Michael Bloomberg.
The Role of DOI and its Commissioner
“DOI’s role is to provide transparency,” Peters said, and, when necessary, “to demonstrate ‘what we have now is not working.’”
His department is one of the oldest law enforcement entities in New York. It has jurisdiction to root out corruption, waste, and abuse throughout city government, as well as in companies that do business with or are regulated by the city, such as the construction industry. DOI has a unique ability and mandate, and looks at both specific instances of wrongdoing and larger systems that may be ineffective or corrupt.
DOI is designed in the city charter to be largely independent from the mayor, though the mayor does nominate the commissioner, who must also be approved by the City Council.
“I’d like to think that the mayor picked me because I’ve spent really the 20-odd years before in law enforcement and, in particular, doing both law enforcement and anti-corruption work,” said Peters, whose resumé includes titles like Chief of the Public Corruption Unit and Deputy Chief of the Civil Rights Bureau for the office of the New York State Attorney General. He also previously worked at various civil rights organizations, such as serving as the Senior Staff Attorney at Children’s Inc., a national organization helping abused children.
Doubts about Peters’ potential independence dominated public discourse around the time of his confirmation hearings in 2014. Since then, however, contention among DOI, the mayor, and the agencies that DOI investigates – such as the aforementioned tension over the DOI’s 2015 report regarding quality-of-life, AKA broken windows, policing – have laid those doubts to rest. Of his progress so far, Peters said, “I’d like to believe that, four years on, people are reasonably comfortable that we’ve been independent and that we will continue to be independent.”
One of the first things that Peters did as the newly appointed DOI commissioner, he said on the podcast, was talk to the mayor about increasing the department’s funding in order to acquire the appropriate amount of staff, especially in regards to overseeing the NYPD.
Subsequently, since 2013 the headcount of personnel at DOI has doubled and its budget has similarly increased by 58 percent, rising from $30.6 million in 2013 to $48.2 million today.
“Without that,” said Peters, “all the laws in the world saying ‘You’ve got the authority to do it’ are meaningless if you don’t have the troops to actually get the work done.”
Investigating the NYPD
The city charter has always granted DOI the jurisdiction to create an inspector general for the NYPD, along with the rest of the city government, but while DOI serves as inspector general for all city government and launched specific inspectors for other agencies, one never materialized for the NYPD. “Institutions are governed by a series of laws, but they are also governed by a series of practices and traditions,” Peters said when asked why there hadn’t been an NYPD IG before the City Council legislation. “That’s just true.”
The law passed by the Council in 2013 “essentially said, ‘You’ve always had the power to do this, now we are directing you that you must do this,’” Peters said.
As a result, the DOI hired about 50 new staff members, including Philip K. Eure, the first and current Inspector General for the NYPD. Along with the 2015 report on broken windows policing, a philosophy and resulting practice supported by Bratton, O’Neill, and de Blasio, DOI has released other NYPD reports, including one this year that shed light on the NYPD’s handling of sexual assault cases.
According to Peters, the report showed that while the number of sexual assault cases have increased by 65 percent in the last decade, staffing for the special victims division remained flat, with only 67 detectives assigned to work adult sex crimes. As a result of the understaffing, a policy relegated ‘acquaintance rape’ (as opposed to ‘stranger rape’) to be sent out from the investigation units to the precincts, where many officers may be unequipped to deal with such cases. The facilities in which the police interview sexual assault victims were additionally deemed inadequate given the sensitivity of the cases. And, perhaps most importantly, DOI obtained documents that revealed that even the top ranks of the NYPD knew about these problems and were not taking sufficient measures to remedy them.
NYPD officials pushed back on the report and attacked DOI for not interviewing the then-chief of detectives. They, along with the mayor, urged caution about believing the findings of the report and said that it was being further examined and that the new chief of detectives would be reevaluating everything under his purview anyway.
At a City Council hearing last month, NYPD officials acknowledged the poor state of interview facilities for the victims of sexual assault and said they would invest in fixing them. While the NYPD’s formal response to the report is expected at the end of June, Peters sees progress in how much attention and potential change is resulting from the DOI report.
“I think what’s happened is you’ve seen we’ve sped up the process of getting at this problem without people having to go to court and use litigation,” Peters said, referring to the lawsuits brought against the NYPD in response to the high rates of stop-and-frisk, a practice deemed unconstitutional in terms of how the NYPD targeted people of color. “As an old civil rights lawyer, by the way, there’s nothing wrong with litigation, but it’s not the most efficient way of changing things.”
Peters stressed the value of DOI’s work in terms of transparency. “The only way for the City Council to hold really good, thoughtful hearings is for them to have something like our reports,” said Peters. “Because that’s the baseline material that allows you to then ask questions of the NYPD. If you wanna have the NYPD come in and testify and you wanna ask them the hard questions...the first thing you need is all of DOI’s work telling you what’s going on.”
The Department of Correction and Closing Rikers
Last summer, the de Blasio administration announced plans to lower the city’s incarcerated population and shut down the Rikers Island jails, while creating additional jail space in four borough-based facilities. While public policy is under the jurisdiction of the mayor and the City Council, it is the DOI’s job to make sure that policy and programs work.
“Part of making it successful is pointing out that, in and of itself, taking Rikers and moving it to borough facilities...is not gonna solve the problems of violence and contraband smuggling that we’re seeing,” Peters said, discussing work DOI has done to examine problems at city jails, including those on Rikers.
A report that the DOI issued earlier this year found that the problems of violence and contraband smuggling, which are rampant at Rikers, are happening at similar levels at the jail facilities in Manhattan and Brooklyn. Peters estimated that about 50 correction officers and facility staff have been arrested so far for involvement in contraband schemes, such as accepting bribes in exchange for smuggling. Additionally, undercover officers were also able to smuggle weapons and drugs into the borough-based jail facilities.
“I don’t see any reason to believe that that level of arrests is necessarily gonna go down over the next year or so,” Peters said. “So we still have a huge amount of work that needs to be done to get at those problems.”
As a result, Peters doesn’t see the plan to shutter Rikers as a silver bullet solution to the city’s jail problems. “As we plan for this, we need to continue planning for how do we deal with security and mental health and contraband smuggling,” he said.
Safety Violations at NYCHA
When DOI investigated the New York City Housing Authority (NYCHA) late last year, it found that the public housing authority not only violated lead paint, smoke detector, and elevator safety procedures, but also falsified documents to the federal government that said it was complying with safety protocols.
The report DOI produced based on NYCHA misconduct led to public discussion over the failings of the agency as well as to City Council hearings, where NYCHA officials committed to making internal changes based on the findings of the report. Peters believes that a recent leadership change at NYCHA is linked to the DOI investigation that outed the safety violations and false paperwork.
“We said, ‘Look, NYCHA is failing to meet the standards that the city and the federal government have already set for lead safety,’” Peters said. “In other words, no, we’re not experts on how much lead exposure is safe, but the city and the federal government have said, ‘Here are the rules.’ What we then do is come along and say, ‘You’re not following the rules.’”
In general, NYCHA is underfunded and lacks the proper resources to fix some major problems, Peters said. To get rid of the mold in NYCHA apartments, for example, the agency would have to fix the roofs, which is difficult to do without the federal funding NYCHA has historically relied upon. According to Peters, the federal government hasn’t paid its fair share to NYCHA over the past decade.
“DOI has not spent a lot of time criticizing NYCHA or investigating issues of NYCHA that are related to that kind of funding,” Peters said, explaining, though, that NYCHA must still be organized, honest, and as efficient as possible, “because telling NYCHA that you need the money is true, but they know that. We all know that. And we do not have oversight authority over the federal government.”
Simultaneously, other areas of NYCHA, such as following the standard safety protocols for lead paint or smoke detectors, are not related to federal government funding. Instead, it is a matter of management doing its job.
Unearthing these problems of mismanagement and malfeasance at NYCHA, and throughout city government and beyond, is the crux of DOI’s mission.
“Part of the reason I think it’s important to have a permanent independent inspector general is we’re not going anywhere,” Peters said. “Our investigations into NYCHA aren’t finished. We are continuing to look at this...so that if NYCHA, having said they’re going to deal with this, doesn’t, we’ll be back in six months and we’ll be able to say to the Council and the public and to journalists and to all of you, ‘Here’s what really happened.’”
[Listen: What's The [Data] Point? 402, with Investigation Commissioner Mark Peters]