Chief is chief again; issues strong statement

Friday has come and gone, Police Commissioner Anthony Magnetto is now back in retirement and almost by default Police Chief John Tedesco is again in control of the day-to-day operation of the Police Department.

Since there wasn’t a bombshell Friday to dispute the Times Union story that was online Thursday evening with the headline “Troy police chief resumes command,” Rosamilia really had no choice in the matter. He was looking for another commissioner – Retired Capt. John Riegert and Deputy Chief Buddy McCavoy were mentioned - but it can’t be easy to find someone to take the job for $30,000 when the department is under so much internal turmoil and public fire?

That’s what I meant by default. And Tedesco and Premo must think it could be a tenuous position too because they issued a statement with some pretty strong language.

“Time will soon tell whether the mayor will truly cast aside his political ties to the PBA and abandon his agenda of placing its president in control of department department’s policies, command and discipline,” Premo said in the statement. “It is hoped that the abject failure of the PBA president’s effective control of the policies and discipline of the police department in direct countermand of the chief’s established “best practices,” have taught them all what was apparent from the start: an accredited police department must not be controlled by politics or a PBA president.”

Tedesco had questioned the validity of Magnetto’s appointment to police commissioner because the city charter clearly states there must be a public safety commissioner in place first to oversee both the fire and police departments. The chief had threatened litigation and the statement makes it apparent that he will proceed should the mayor opt to appoint another police commissioner.   

“The mayor essentially admitted he previously usurped Chief Tedesco’s authority and duties through the unlawful appointment of Mr. Magnetto, who now leaves when the Troy Police Department faces the public turmoil of recent events that are directly related to the ineffective policies he instituted at the behest of the PBA president which have resulted in a lack of proper command, control and discipline, according to the statement.

Tedesco was appointed by then Mayor Harry Tutunjian to implement some changes in the police department including restructuring some programs near and dear to the PBA’s heart like SOS and the ERT. Fitzgerald worked hard behind the scenes to first convince Rosamilia to appoint Magnetto, and then convince the Council to approve it. He succeeded and Magnetto has been running the department since.

It has been by and large a disaster, in retrospect, but things came to a head on Jan. 25 with the Kokopellis riot. Nobody can directly blame Magnetto for the melee that left eight officers injured, six requiring hospital care, five patrons under arrest and racial tensions in the city stretched to the breaking point.

It was an explosive situation, and despite many already drawing conclusions – and the police releasing bits and pieces of information attempting to justify the officers’ actions while many in the minority community have already indicted them – nobody really knows if police used excessive force or not. The videos seem to indicate it but even they are open to interpretation and there is no shortage of those bouncing around the Collar City.

Tedesco proved the voice of reason, however. He welcomes an independent investigation by the U.S. Justice Department to satisfy the community and the cops and offered up some structural changes in the department – namely a return to community policing and more defined disciplinary procedures. With the first, cops would get to know the residents and the second know if a cops screws up he will pay for it.

 

Again, it didn’t matter who was in charge on Jan. 25, but Premo is right in saying that the PBA had way to much influence on the day-to-day operation of the TPD under Magnetto. It doesn't work, you need a strong chief.

 

 

 

 

Some high points of the Public Safety Committee meeting Part II

Some high points of the Public Safety Committee meeting Part II:

-Police Chief Tedesco was not there Tuesday for the city’s dog-and-pony press conference but was front and center Wednesday where he defended his guys, welcomed an investigation by the U.S. Dept. of Justice, bashed Bacote and Kokopellis owner Barry Glick, recognized problems between police and the community and identified structural changes in the department – in particular community policing and disciplining officers - to address those problems and all in all said everything you’d expect him to say as the leader of 120-plus egos with guns. Anyone questioning whether or not he should be given back day-to-day control of the department should just watch his speech.

-While not commenting on the specifics of the Kokopellis incident, Tedesco defended his guys and said it was not motivated by racism.

-Police Commissioner Anthony Magnetto was not there Wednesday though he was at a press conference Tuesday.

-Rev. Willie Bacote was not there either though he led a march to the meeting the week before where he bashed the police. Tedesco referred to him as “Mister Bacote” rather than “Pastor Wilie” while calling him out on a number of inflammatory things he’s been saying for the past 18 months. Others on Wednesday just referred to him as “Willie.

-Public Safety Committee Chairman Bob Doherty found it necessary to introduce Police Benevolent Association President Bob Fitzgerald as representing the “PBA and himself but not the administration.” I found this odd since it’s the first time I’ve heard such a caveat, and I guess it’s the first time I’ve seen such a necessity.

-Fitzgerald then proceeded to bash Doherty for showing up at the SLA with the owners of Kokopellis and asked him directly how he could make an objective opinion on the matter while “walking hand in hand” with Glick.

-Doherty tried twice to cut off Fitzgerald although he allowed Glick to speak well beyond the allotted time limit last week. Fitzgerald ended up saying what he came to say and as expected defended the officers.

-Fitzgerald also took his shots at Bacote and called for him to resign from the Troy African American Pastoral Alliance, bashed Glick for likening the TPD to the KKK and took his shots at Ben Brucato - who he is I’m still not sure - for saying things like all charges against those arrested on Jan. 25 and calling on all police officers who even had a nightstick in hand should be suspended without pay.

-Mayor Lou Rosamilia did not speak last week or this week but did speak Tuesday alongside Magnetto at the dog-and-pony. Unlike Magnetto, at least the mayor showed up.

-At first I didn’t like the two-part meeting structure where last week was set aside for people criticizing the police and this week was for the pro-police faction of the community. Though, it didn’t work out that way because there were people bashing police Wednesday too.

-Olde Judge Mansion proprietor Tina Urzan proved why she is one of my favorite Trojans because not only does she speak her mind, she got in a verbal sparring match with some in the crowd who didn’t like it when she said something like “there wasn’t a racial problem In Troy until ‘Willie’ showed up.” I don’t agree with everything Urzan said … and I’m guessing she doesn’t care. She also quoted something from "her bible" that I assume was directed at Bacote: "Take your bullhorn and go home."

 

     

Chief proposes changes, bashes "Mr." Bacote and Kokopellis owner

TEDESCO

If anyone has any doubts about who should head up the Troy Police Department after Commissioner Tony Magnetto steps down on Friday, they should just watch Chief John Tedesco’s speech at Wednesday’s Public Safety Committee meeting.

He wasn't at the one-sided, dog-and-pony show Magnetto and Mayor Lou Rosamilia had on Tuesday where no new real light was shed on anything, but a day later he addressed the Kokopellis incident with a strength and common sense not seen by either side of the Jan. 25 incident that has spiked racial tensions.

Tedesco defended his officers, as he should, but did not comment on their guilt or innocence because, he said, all the facts are not yet reviewed. He did, however, recognize problems police have within certain communities and proposed structural changes including the need for stronger community policing and changes in how the department disciplines officers who screw up.

He said community police positions should come out of the contractually mandated bidding process so officers can stay on the detail for longer than a year without the threat of being bumped because someone simply has more seniority. That way, he said, stronger relationships can develop between the community and the officers.

Disciplining an officer who does screw up – and they are human so they do screw up – should be a swift, fair and consistent process to benefit the victims if they suffered harm and the officer should the claim be unfounded.  

He did take exception to some comments made by “Mr. Willie Bacote.” No, he did not call him “pastor.” Some, like Tina Urzan, the long time, well respected proprietor of Olde Judge Mansion in North Central, bypassed the “mister” and just called him “Willie.”

Bacote was not at Christ Church for Wednesday’s meeting, though he led a march through the streets of Troy prior to last week’s meeting.

“Here we have a man who for the past 18 months has repeatedly alleged that people of color, many of whom are in his congregation, have been mistreated at the hands of Troy police officers,” Tedesco said. “Last week, Mr. Bacote stated that he is ‘tired of mothers brining their children to him beaten by Troy police officers.’ He then went on to proclaim he would ‘no longer tolerate such abuse and hold city officials accountable.’ Mr. Bacote, I would ask if you were here, did you notify city officials? Besides the media did you notify anyone? I am publically challenging Mr. Bacote, when he hears of my remarks, to produce these victims so their claims can be properly investigated.”

The chief did tip his hat to Alice Green, of the Center of Law and Justice. Last week she agreed with Tedesco’s stance all along that an independent investigation is the only way to satisfactorily answer the question of whether or not police used excessive force.

“Your call for an independent investigation by the Unite Stated Department of Justice is welcomed not feared,” Tedesco said. “On behalf of the officers involved in the Kokopellis riot, we know an independent investigation is the only mechanism that will provide them relief for the stigma attached so unfairly attached to their actions that night.”

After Bacote, Tedesco laid into Barry Glick, one of the owners of Kokopellis, who last week compared Troy police officers to the Klu Klux Klan.

“Let me express my profound sense of repulsion at your analogy of Troy police officers acting in a manner akin to the Klu Klux Klan,” Tedesco said to a round of applause. “How dare you exploit one of the darkest periods in our nation’s history in attempting to deflect the blame from yourself for the outrageous conduct you permitted to take place in your establishment on Jan. 25.”

While last week Glick said Roshwan Donley, the man who got hit with a nightstick, was working two jobs and was looking for a third so he could we his fiancé, but Tedesco pointed out that Glick omitted the fact Donley has an outstanding weapons charge and is currently being prosecuted for failing to pay child support.

 Police Benevolent Association President Bob Fitzgerald, who is rarely on Tedesco’s side of anything, also bashed Bacote and called on him to resign from the Troy African American Pastoral Alliance. Peggy Kownack said “just because you call yourself a minister doesn’t mean you’re one.”

“Bob is speaking for the PBA and himself and not representing the administration,” Public Safety Committee Chairman Bob Doherty said while introducing Fitzgerald, which is odd since I can’t figure out why the president of the PBA union would represent the administration in anything. Fitzgerald then in turn bashed Doherty for showing up at the New York State Liquor Authority on behalf of the owners of Kokopellis.

“I don’t care if it’s your right, your constituent or your friend,” Fitzgerald said as Doherty tried to cut him off. “How can you make any objective decision on this case when you are walking hand in hand with this guy to the Liquor Authority? The members of the Troy PBA are demanding an explanation and an apology. And the chief of police and his staff deserves an explanation and an apology.”

He also criticized Glick for his KKK comments and the way he and his son Joseph operate the bar.

There were other speakers, but Tedesco did steal the show. It’s going to be interesting to see if Rosamilia tries to put someone else over the chief’s head. Then again, at this point in time, who would want if for $30,000.

 

 

Did police walk into an inferno or throw gas on a candle? (UPDATED)

I may as well head right into the “Questions” segment of the program because that’s all I have regarding the melee at Kokopellis Saturday morning. Let me first say, however, this isn't about supporting or not supporting the police ... it's getting to the bottom of what happened. If the police screwed up they should be held accountable  - just like anyone else. If they didn't, they didn't. It's really as simple as that and only an outside investigation will answer the question.

-On Wednesday, Troy police released radio transmissions from officers outside the bar calling for help in controlling an unruly and aggressive crowd, but they are not time stamped so when they were the calls made? The department also released transcripts of two 911 calls made at 2:37 a.m. One by the bartender and another by an unidentified caller, who claims there were 100 people fighting. Despite media reports, there was no audio of the 911 calls released to the public.

-There is 30 minutes of video, from four different angles, taken from inside the bar beginning at 2:47 a.m. which disputes the 911 transcript in that it looks like a pretty orderly crowd. On Thursday, on the Times Union website, bar owner Barry Glick said there was a disturbance but it was under control by the time police got there. We don’t know what happened prior to 2:37 a.m. outside of the 911 transcripts. Again, did the radio transmission occur before or after the video footage? Is there any footage of outside the bar?

-If there was chaos outside the bar at or before 2:47 a.m., however, why did half a dozen officers decide to come inside the bar? (photo to the left is of Roshowan Donley, who police arrested in the bar. It can be seen on the videos.) The question then becomes did police use excessive force when they arrested Donley or did they use only the force necessary to place him under arrest?

-Why is it the incident reports, also as reported by the Times Union, claim police showed up at the bar and were greeted with chaos when the Mobile Command Center was set up on Fourth Street at 10 p.m. Friday and were there until at least 3 a.m. Saturday? In other words: Police were already there, and there with an extra four officers on special duty in anticipation of problems. So when, and how, did everything get so out of hand?

-Where is Mayor Lou Rosamilia? I give him credit for backing up the police pending an investigation but he needs to make a public appearance and not just issue a statement. Obviously, there is a good chunk of the community who thinks police used excessive force and a good chunk who don't think they did. the mayor should be front and center to diffuse what is an already explosive situation.

-Why isn’t anyone in city government calling for an independent investigation outside of Chief John Tedesco. I find it kind of ironic that he and Rev. Willie Bacote are on the same side of anything, but they are on this one. Police Commissioner Anthony Magnetto, Rosamilia – as reported on Channel 13 – and Police Benevolent Association President Bob Fitzgerald all say the investigation should be done in house by Internal Affairs. Why, though, would they want to keep it in house?

-And the question everyone wants, and deserves, an answer to is: Did police throw gas on a candle or did they walk into an inferno?

I don’t know the answer to the last. I wasn’t there. And there is more to the story than just watching the video and/or listening to radio transmissions. What I do know is the only way to get an answer that satisfies everyone involved is if someone besides the Troy Police Department conducts a thorough investigation as the chief, Bacote and the Times Union are calling for.

-Two other questions readers came up with are: Does Donley have a criminal record and if Kokopellis had been issued nuisance abatement points in the past? Anyone know the answers?

  

Tedesco scoffs at calls for his resignation; outside investigation needed

TEDESCO

Police Chief John Tedesco on Monday scoffed at calls for his resignation - and rightly so.

Unless you’ve been living under a rock, you know Mayor Lou Rosamilia gave day-to-day command of the TPD to Commissioner Anthony Magnetto about a year ago and since Tedesco has been left out of the loop.

BACOTE

I suppose Rev. Willie Bacote, who is leading the charge, could call for Magnetto’s resignation but he was one of the ones who wanted Magnetto appointed in the first place. Plus, those calls would be moot since Magnetto is headed back into retirement in about a week. Appearing on Talk1300, Tedesco said he thinks Bacote might be in "somebody's pocket."

Meanwhile, Tedesco is also calling for an independent investigation into the melee at Kokopellis that ended with six patrons arrested and six officers in the hospital. At issue is whether or not cops used excessive force, which a 44-second clip of the chaotic scene seems to indicate, or whether they used only force enough to get control of the situation.

Set aside all the fringe concerns and that’s really the only question that needs answering. The bar’s tumultuous history, the fact police were expecting problems by setting up the MobileCommand Center at 10 p.m. Friday and putting four extra patrols on duty in that zone, the inevitable, if unwarranted, racial component and the turmoil among the TPD hierarchy are all irrelevant.

I don’t know the answer to that central question. I don’t think anyone does at this point in time.

And the answer can’t be had by an internal investigation. I agree with Tedesco in that an outside agency should investigate for two reasons: If the officers are exonerated it dispels the already loud cries of a cover up, and if they are found to have used excessive force then the city would have no choice but to take the appropriate course of action. 

If the officers did use excessive force, they should pay the penalty if they didn't they shouldn't. It's really as simple as that. 

In other developments:

-The Record finally caught up with the story four days after the fact - The Gazette, based in Schenectady, which hasn’t covered a Rensselaer county story in who knows how long, even beat The Record. The Times Union, also late to the game, has a strong editorial in Tuesday’s edition calling for an external investigation. Channel 13 has, in my opinion, been leading the pack.

- Bacote, at a well-attended community forum, made four other demands of the city in addition to Tedesco’s resignation and a call for an independent investigation. One of them is placing the officers involved on unpaid suspension pending investigation’s outcome. I don’t think the city can do that, but it can place them on paid leave for a month, which is not a bad idea for their own safety and to help diffuse an explosive environment.

-Again, I don't know if officers used excessive force or not but if they did I really don't think race was the motivating factor. Two of the four recent, high profile cases of abuse or alleged involve white suspects. That's 50 percent for anyone who doesn't have a calculator handy.

-Rosamilia is standing by his guys and for that I give him credit. Nobody knows what happened and until we do the officers are, like anyone else, presumed innocent. I think he should have held the press conference initially slated for Monday but later cancelled. If I were him, though, I wouldn’t want to answer questions either but then again, I’m not the mayor and that’s what mayors are supposed to do.

-City Councilman Bob Doherty, D-District 4, and Council President Rodney Wiltshire have vowed to get to the bottom of what happened. If they were smart, though, they will stay out of it and wait for an investigation, be it internal or external, and not fan the flames by trying to score political points.

-I hope both sides, the police and the black community, show some restraint in the coming days. Police were ready for a fight – evidenced by setting up the Mobile Command Center hours before the melee and putting on extra patrols – and six ended up in the hospital. I don’t think cops have short memories. Some in the black community, judging by a slew of derogatory and threatening comments on social media directed at the police, also need to sit back and let the process play out. I’m sure there will be civil suits filed regardless of if there is an investigation or not and more violence will only make matters worse.

Chief Tedesco: Investigation was quashed

TEDESCO

Appearing on Talk1300 Sunday, Troy Police Chief John Tedesco said the investigation into his release of a letter confirming that excessive force was used during a 2012 arrest has been quashed.

He did go before Internal Affairs and said he was asked to answer three questions: “Did you release the letter,” “have you released such letters before” and “have you released such letters since.” The answers to all three were a simple “yes.”

But, he said, at the direction of Police Commissioner Anthony Magnetto, that’s as far as it went and is now over.

MAGNETTO

I suppose you could look at it two ways: IA determined Tedesco acted appropriately and therefore no further action is necessary; or calling Tedesco in for questioning by those with less rank was just a way to embarrass the chief and, with that objective accomplished, there is no need to proceed. If it’s the first, there should be a written determination and it should be public. If it’s the latter, then Tedesco and his attorney Brian Premo certainly have a gripe.

Just some quick background: FrankFogarty was arrested by Officer Kyle Jones for disorderly conduct in December of 2012. Fogarty claimed Jones used excessive force, an IA investigation found it a valid complaint and told Tedesco as much. Tedesco, in turn, released a letter outlining the IA findings to Jones. Here is where it gets kind of sticky. The Police Benevolent Association filed a complaint against Tedesco for releasing the letter too soon. But, there is a question whether Jones knew about the complaint or if it was filed on his behalf by the PBA. I don’t really understand the significance of that because the PBA represents Jones but the chief – and Premo (pictured right), who is expected to file another letter this week – thinks it’s a pretty big deal.

In other news involving the chaos that is the Troy Police Department hierarchy:

-The Times Union is reporting that the chief wants to retain his own lawyer in a civil suit brought by Brian Houle against the city, the TPD and Tedesco. Houle alleges Jones used excessive while placing him under arrest in 2012. That arrest followed an argument Jones and Houle got into on Facebook about, of all things, the definition of a hero. The Council will have to determine whether or not it will pay for a separate attorney for the chief.

-The chief said he still just wants to be chief. With Police Commissioner Anthony Magnetto heading back into retirement, Mayor Lou Rosamilia (pictured left) could opt to not appoint either a police or public safety commissioner and work with Tedesco towards the common objective of safety. Given the mudslinging back and forth, however, it will take a lot of work on both their parts. Not impossible, and it means most of the crap will likely go away, but it won’t be easy for either one of them to man up and meet somewhere in the middle.

-Tedesco, also on Talk1300, said he hopes the Council votes down the PBA contract that was recently ratified by union members.

-Magnetto is looking forward to doing some fishing. I’d say he wins.

 

Troy PBA ratifies contract for 2011 and 2012

FITZGERALD

Members of the Troy Police Benevolent Association ratified a contract that includes a 2 percent retroactive raise for 2011 and a 0 percent raise in 2012, according to President Bob Fitzgerald.

Other major provisions in the contract, that now has to be approved by the city Council, include:

-An addition week of vacation time for junior members, which equals about half the police force.

-A $300, one-time bonus for any officer working in 2012.

-$300 off the premium for anyone opting to use the dental insurance after retirement

-And rank-for-rank substitution for patrolmen and sergeants when there is a vacancy on any given shift.

“He truly respects the membership and that came through in the negotiating process,” Fitzgerald said of Mayor Lou Rosamilia. “But he made clear the city didn’t have the means to offer anything more than the 2 percent, and that he was not going to put it on the taxpayers’ backs.”

Fitzgerald said the contract was ratified by some 80 percent of the membership.

As with any contract, raises are a sticking point and one way the two sides agreed upon the 0 percent in 2012 was with the $300 bonus for all officers working during that year. Fitzgerald it is not unlike the city’s deal with the Uniformed Firefighters Association and the Command Officer’s Associations of Troy, the union representing police department captains.

The added week vacation, Fitzgerald said, is a partial give back from some 15 years ago when the city was in such financial distress that it was almost forced to declare bankruptcy. At that time, the vacation time for new hires was set at five weeks but was reduced to two during negotiations. While the out of pocket cost for the city didn’t change, it did save money by not having to fill the vacancies created by vacationing officers with others on overtime.

The rank-to-rank provision requires that a sergeant be called in or assigned should there be a vacancy on any shift that requires a sergeant. Under the current agreement, a patrolman could act as a sergeant making sergeant’s wages - plus any applicable overtime based on those wages - for that particular shit. Similarly, if a there is a slot for a patrolman vacant, it can only be filled by another patrolman and not a sergeant making patrolman’s wages and any overtime.

Chief John Tedesco said he was left out of the negotiations and the city was instead represented by Police Commissioner Tony Magnetto and Deputy Mayor Pete Ryan. The chief said, without seeing the actual document, the contract sounded like a “giveaway to the PBA.” In particular, he said the rank-to-rank substitution and an additional week vacation for such a large block of officers will cause an undue increase in overtime. 

Fitzgerald said he would still be the point man in future negotiations even though he announced he would retire sometime this year.

The Council could address the contract as early as next month’s regular meeting.

Magnetto stepping down; now what?

MAGNETTO

As widely expected, Police Commissioner Anthony Magnetto is stepping down next month. And what happens next is anyone’s guess.

If I had to wager, I’d bet Mayor Lou Rosamilia just gives Police Chief John Tedesco his powers and duties back and everyone goes on their merry way. It would be the easiest way out, and according to the charter Rosamilia, or any mayor, as chief executive officer, can already tell the chief what he wants done anyway.

The Charter defines part of the mayor’s duties as: “To exercise supervision and control over all executive departments of city government, such departments comprising a Department of Finance, a Department of Law, A Department of Public Safety, a Department of Public Works, a Department of Public utilities and a Department of Parks and Recreation.”

TEDESCO

Now, I may not be an attorney, but that tells me that if the mayor wants police officers to dress in clown suits and blow whistles at bad guys, he has that right. Or, more practically speaking, he could order the chief to reinstate the SOS, the ERT or any other program he sees fit.

As I’ve mentioned, the chief is Civil Service protected so the mayor can’t unilaterally fire him but he can dismiss him for cause. For example, if the chief ignores the mayor’s abovementioned fictional directive and orders officers to dress in blue and carry guns rather than clown outfits and whistles, it’s insubordination and that’s grounds for dismissal.

Rather than exercise that basic tenet of the charter, the mayor brought in Magnetto as a $30,000 buffer between himself and the chief. (As an aside, since I’ve mentioned it before, former Mayor Mark Pattison did the same thing when he appointed Mark Whitman over Chief Bill Miller but I understand there was some pretty deep politics behind that appointment. Also, the mayor may not have any experience in running a police department, but that’s why you have a chief.)

Anyway, the legal crux of Tedesco’s threatened lawsuit against the city is the appointment of a Magnetto because the charter indicates that in order for the city to hire a police commissioner it must first hire a public safety commissioner to oversee the police and fire departments as well as the Bureau of Weights and Measures and the Bureau of Emergency Communications. Obviously there isn’t a public safety commissioner so the appointment of only a police commissioner is suspect. Also, while there is $30,000 in the budget for a police commissioner, it's unclear where the city would find much more - like in the $100,000 range - to hire a public safety commissioner and then get the Council to approve the expenditure.

While that may be the legal thrust of the lawsuit nothing is that clear cut in Troy and this is no exception. On the periphery, as outlined in a number of scathing letters by Tedesco’s attorney Brian Premo, is a brutality claim substantiated by Internal Affairs, a letter released by the chief to the victim of the excessive force, underlings investigating the chief for releasing the letter, a visit by the FBI to the TPD and the politics behind Magnetto’s appointment.

All that is at least two or three posts in and of themselves but in the end, practically speaking, the driving forces behind Magnetto’s appoint to oversee the day-to-day operations of the Police Department – namely Councilwoman Nina Nichols, Councilman Kevin McGrath and Police Benevolent Association President Bob Fitzgerald – are all gone or on their way out. Because of that, and I would assume the desire to avoid escalating the chaos, my money is on Rosamilia allowing the chief to do his job, albeit at his direction, which is how it should have been from the get go.

PBA Pres. Fitzgerald is leaving at a tumultuous time

FITZGERALD

Police Benevolent Association President Bob Fitzgerald is retiring sometime in 2014 and I have to say I have mixed feelings.

On the one hand, Fitzgerald’s fights with the city provided me with a ton of fodder. On the other, when animosity between a union and management crosses the line from professional to personal, it’s just not good for the city.

That said, Fitzgerald’s main objective is to look out for his guys and nobody can say he didn’t do that. He does leave office, however, at a difficult time for the PBA.

While the high profile drama involving the police commissioner/police chief is getting the most public attention, the touchiest subject among the PBA members is the fact they have not had a contract since Dec. 31, 2010.

His relationship with then Mayor Harry Tutunjian was so toxic the common thought was Fitzgerald refused to seriously negotiate until a new mayor took office at the beginning of 2012. Since the PBA used its considerable political clout to help Mayor Lou Rosamilia get elected, everyone expected the novice mayor would cave to the PBA and award a Cadillac contract.

To the mayor’s credit, he did not. The last offer on the table was a 0 percent raise in 2011 through 2013 and a 2 percent bump in 2014. While Fitzgerald did attempt to include some issues like reinstating the ERT, SOS and other overtime boosting programs, the 124 or so PBA members shot down the idea for lack of retroactive raises across the board rather than OT for a select few.

On a personal/professional front, Fitzgerald also has a lawsuit pending against Tutunjian, Tedesco and the city. A few years back an officer claimed Fitzgerald threatened him with physical harm. The mayor and chief suspended Fitzgerald and subjected him to a psychological evaluation. Fitzgerald, in turn, sued.

Sources tell me attorneys for both sides – Fitzgerald is represented by PBA attorney Mark Walsh and while rumors abound, I’m sure if the PBA or Fitzgerald is picking up legal fees – agreed to settle the entire thing for $75,000 but the city shot it down. Should a settlement remain elusive, a court date set for Feb. 24, according to sources.

While the majority of PBA members probably don’t care who the chief is or if there is a police commissioner or not – they would rather just come to work, arrest bad guys and go home – that controversy has dominated the news as of late.

Briefly, if you remember, when Tutunjian appointed John Tedesco (pictured left) chief, Fitzgerald called the media and “revealed’ that Tedesco was chosen because he buried an investigation into drug dealing by members of Tutunjian’s administration. It was an absurd allegation that did nothing but widen the rift between the PBA and the administration. It's nothing new, really, if you remember, then City Manager David Grandeau harbored such ill will with then PBA President Jack Rogers, the former named a sand trap after the latter.

Tedesco did what he promised, made changes to make the department run more efficiently and more effectively and the PBA wasn’t happy. So, Fitzgerald pressured some on the Council, namely Nina Nichols and Kevin McGrath, to appoint Tony Magnetto as commissioner essentially stripping Tedesco of his power. It backfired in a whirlwind of controversy and Magnetto (pictured right) is set to step down early next year.

Tedesco did not lay down on the job and he didn’t retire. Rather, he hired an attorney and is now threatening a lawsuit. The PBA in turn - or was it first? - filed a complaint on behalf of an officer who claims the chief inappropriately released the results of an Internal Affairs investigation that found the officer did use excessive force during a 2012 arrest. The chief asked the FBI to take a look at the entire situation and an agent did pay a visit to the TPD.

In other words, it’s a mess.

Officially, Fitzgerald said he is moving his family to Virginia where his children will have more opportunities. I don’t doubt that.

The unofficial talk is that he announced his retirement without a firm date to leave the door open should the FBI or anything else turn up the heat beyond the comfort zone.

I’m guessing the truth is somewhere in the middle.

Sources: City interviews retired captain for commissioner position

RIEGERT

Sources confirmed that Mayor Lou Rosamilia and Deputy Mayor Pete Ryan interviewed former police Capt. John Riegert for the position of police commissioner, or maybe public safety commissioner.

The current police commissioner, Tony Magnetto, is expected to step aside early next year and while the city is under no obligation to hire another, it appears they are leaning towards that end. Another name considered, according to sources, is former Asst. Chief Ralph Iler.

Magnetto’s appointment, and subsequent control of day-to-day operations, caused a ruckus because it was driven, in part, by Chief John Tedesco’s attempts shake up the department and make it run more efficiently which upset the Police Benevolent Association.

MAGNETTO

The chief didn’t appreciate being sidelined, however, and is now threatening a lawsuit against the city challenging the legality of appointing a police commissioner without first having a public safety commissioner in place as the city charter requires. He retained attorney Brian Premo who, as is his MO, wrote a series of letters peeling back the onion, so to speak, of all that is wrong with the appointment, the PBA, the Council and the administration. In turn – or was it first – the PBA requested and was granted an Internal Affairs investigation into Tedesco’s decision to release a letter to Cohoes resident Frank Fogarty affirming his claim that Officer Kyle Jones used excessive force during an arrest last year. As a kicker, the FBI interviewed some of the department brass and took a number of files. Where that investigation goes is anyone’s guess.

Either way, Magnetto’s appointment riled up the troops on both sides and while there are some simple, clear cut ways to defuse the situation, appointing another police commissioner is not one of them.

Nothing against Riegert, mind you. In my dealings with him he seemed like a decent sort and a straight shooter. After he retired, he went to head up security at Rensselaer Polytechnic Institute – which is ironic because that is where Magnetto is expected to land – and then in 2010 took a job with Albany County as head of its crime analysis center.

It’s unclear if he would even accept the position if it were offered, but what is clear is that if Tedesco (pictured left)doesn’t get his old job back – and that means the job’s responsibilities instead of just the title – he will proceed with his lawsuit.

I don’t get why the administration is even considering another commissioner. As I wrote, the mayor has the authority to tell the chief how he wants the department run. True he’s a college professor by trade and not a cop, but winning the election gives him that right.

Furthermore, the three driving forces behind getting Magnetto appointed won’t be around much longer. Councilwoman Nina Nichols and Councilman Kevin McGrath opted not to run again and published reports indicate PBA President Bob Fitzgerald (pictured right) is going to retire sometime next year. All three pressured the administration into hiring what is, given the above graph, a $30,000 a year buffer.

And, given the new dynamic on the Council that may not see eye-to-eye with the administration, there is no guarantee it would even approve the commissioner’s salary so I don’t understand the logic behind wasting political clout on something that will only cause more angst in the long run.  

 

Some possible scenarios at the Troy Police Department (UPDATED)

TEDESCO

In a sixth letter to those embroiled in the latest controversy involving the Troy Police Department, Chief John Tedesco is asking for the city’s Ethics Commission take a peek at what has transpired over the last few months.

He is also asking, in the letter written by his attorney Brian Premo, that the Council subpoena all Internal Affairs records related to the investigation into the chief and I assume what kicked off the latest controversy, the chief’s decision to release the IA findings about an officer accused of using excessive force.

Two things come to mind: I’m not sure if the Ethics Commission even exists any longer and I’d love to see the IA records but I don’t think they are public information.

MAGNETTO

Anyway, a bit of obligatory background: The Council, at the administration’s request, appointed Anthony Magnetto (pictured right) as police commissioner to appease the Police Benevolent Association; Magnetto rolled back some of the chief’s efforts to make the department more efficient; Tedesco is left out of day-to-day decision; Officer Kyle Jones arrests Frank Fogarty for fighting on Broadway and arrests his wife for resisting arrest; Fogarty files a complaint alleging Jones used excessive force; IA Capt. Terry Buchanan conducts an investigation and finds that Fogarty did use excessive force; Tedesco releases the letter confirming the findings to Fogarty; the PBA files a complaint against Tedesco and he is interviewed by the IA and Deputy Chief Robert McAvoy; Tedesco retains Premo, who goes on an aggressive offensive; the FBI shows up and confiscates a number of IA files.

Things are kind of in flux now, but it sounds like a mess that could easily spin out of more control or it could slide into oblivion. I will address the “spin out of control” scenarios fist:

-Every indication is Magnetto will step down early next year and a sure way to perpetuate the mess is for the city to appoint another police commissioner. Not only will it further infuriate the chief and likely force him to follow through with his threat of a lawsuit but, as Premo pointed out in his letters and I wrote a while back, the police commissioner really has no power.

-Jones, as Premo said indicates is a possibility in his letter, comes forward and tells people that he had no knowledge of the complaint filed against Tedesco but instead it was the PBA.

-The IA investigation into the chief continues and ends with some sort of punishment or reprimand. I routinely talk to people who have been around a lot longer than I and to have underlings investigate the chief rather than the mayor or an independent body is unprecedented.

-The Council does attempt to investigate on their own, forcing the PBA or the administration to dig in its heels. Council President Rodney Wiltshire, appearing on Talk 1300, said he isn’t going to jump into the fray with both feet right off the bat. Rather, he said, he would allow the yet to be named Public Safety Committee to explore the Council’s options first. A wise move, but that was a few days ago. The Council, however, is hardly a cohesive body so you never know.

-The PBA continue to flex its political muscle and mucks everything up.

-The FBI digs conducts a thorough investigation and uncovers who knows what.

Some scenarios that could help put the entire issue to bed:

-Tedesco, while on Talk 1300, indicated he just wants his old job back along with the responsibilities so giving it to him is one way to diffuse the situation. When it comes down to it, the mayor is the chief executive officer, and that means he can tell the chief to do whatever he wants done. If the chief refuses, despite Civil Service protection, the mayor can terminate for insubordination. The position of police commissioner is really a $30,000 unnecessary buffer.

-The chief does not follow through with filing the threatened lawsuit because it could throw a bunch of people under the bus.

-The command staff accepts the fact the chief is the chief and lets him do his job.

-The PBA accepts political defeat and just goes about the businesses of arresting bad guys.

-Jones accepts the IA’s determination and takes whatever punishment is doled out. (Based on some comments there seem to be some confusion about Jones. Yes, the IA letter said the investigation was complete and he did use excessive force but the PBA maintains he had not exhausted all his appeal possibilities so the matter is not yet resolved.)

-The city settles with Fogarty.

My educated guess is a mix of the above scenarios come to fruition and I’m honestly curious on how it all plays out.