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Q&A

Chair asks about disconnect between officers and general counsel on early termination

New York City Council · Oct 26, 2026 · starts 0:54:16 · 2 min 52 sec

Brooks-Powers asks why general counsel might oppose early termination when an assigned officer and supervisor agree. McKenzie says under the current administration every early discharge is assessed on its merits and there should be no blanket objections.

Sharon Goodwin

We look at to see if they have steady employment.

Sharon Goodwin

We look at their family dynamics and their situation and it's stable.

Sharon Goodwin

We look at if they completed either high school or vocational program.

Sharon Goodwin

So it's a number of things that we look at that we can inform the court that this person is doing well and they are no longer a threat to themselves or the community.

Selvena N. Brooks-Powers

Thank you for that.

Selvena N. Brooks-Powers

We have heard that in situation when a person's assigned probation officer, when a person's assigned probation officer and that officer's supervisor are in agreement about early termination, that the department's

Selvena N. Brooks-Powers

general counsel may still oppose or take.

Selvena N. Brooks-Powers

No position on such determination.

Selvena N. Brooks-Powers

What causes the disconnect between the position of an assigned officer and a general counsel?

Wayne McKenzie

So I'm not going to speak to the practices of any previous administration.

Wayne McKenzie

I can say under this current administration, every early discharge is assessed on its merits.

Wayne McKenzie

So there should be no blanket.

Wayne McKenzie

Objection from the Office of General Counsel in this regard.

Wayne McKenzie

And in fact,

Wayne McKenzie

We'd like to encourage early discharges when people are entitled to it.

Selvena N. Brooks-Powers

So, so far you haven't had to contend with that, but you're.

Selvena N. Brooks-Powers

Thoughts are that you don't see.

Wayne McKenzie

We've had one situation where I had to issue some clarification around certain types of cases.

Wayne McKenzie

And that clarification has been that every case should be judged on its own merits.

Wayne McKenzie

There's no blanket objections.

Selvena N. Brooks-Powers

I hear you about not having a blanket determination.

Selvena N. Brooks-Powers

However, what I'm asking is if there is an assigned officer and their supervisor that's saying one thing,

Selvena N. Brooks-Powers

What would cause a disconnect with the general counsel to be in opposition of that determination from someone who is dealing more regularly with the individual?

Wayne McKenzie

There should be none.

Wayne McKenzie

We should be guided by the recommendations of operations.

Wayne McKenzie

There are certain legal factors, for example, in the law for someone to be eligible.