Legislator: Shooting victim didn't call the police so all is well

PAVLIC

Everything in Troy is political. Everything. If someone on the Council sneezes – or doesn’t sneeze, someone cries foul, creates a Facebook page and then threatens to run them out of office.

The shooting Sunday at Kokopellis is no different, and social media has been abuzz about it almost to the frenzy it was in the weeks following the infamous Jan. 25 2014 melee. An unarmed black man was shot allegedly by the one of the bar’s owners Joe Glick, according to sources. Police expect to charge Glick by mid-week.

Political opponents are quick to point out that Council President Rodney Wiltshire was critical of the police in the aftermath of the melee and Councilman Bob Doherty accompanied the owners at a hearing in front of the State Liquor Authority. As far as I know, the councilmen have been silent on the latest episode.

But, Legislator Gary Pavlic, D-Troy, also defended the bar during the Public Safety Committee hearings and he wasn’t quiet. He defended the bar on Facebook, telling others in the threat about how he used to go to the bar and never had any problems.

At one point he took a veiled shot at the police, saying he used to wave at them while they sat in their cars at the bank parking lot located near the bar. One of the Glicks complaints was that police were harassing their clientele and scaring away businesses.  

Pavlic, during a debate on Facebook said: “It’s been closed since Jan. 1. The even last night was a private farewell party by invitation only. This would not be a story if one of the attendees did not call after everything was over and done with. The person who was shot is fine and did not call police as far as I understand.”

Rather than worry about the shooting of an unarmed black man, Pavlic said: “Onto using our energy to improve our beautiful city!!!”

Must be a new take on the the whole “If you see something say something,” which is the mantra of Homeland Security and about every neighborhood watch program in the nation.  Following Pavlic’s lead, this new philosophy of citizen activism is more along the lines of “no harm, no foul …” or at least “no bad harm, no foul.”

Come to think of it, there was more of a stink made when the police allegedly used excessive force against an unarmed black man in the same bar almost a year ago. The FBI investigated and found they did not. Maybe, if this unarmed black man had been killed, Pavlic would take more of an interest.

 

 

Kopka grew a set (WITH EMAILS)

KOPKA

As if to answer the immortal challenge put forth by Parks and Recreation head George Rogers – Councilwoman Lynn Kopka, D-At Large, is the only I know of who looked at Troy's fiscal dilemma and grew a set.

She is not afraid to look at the deficit (which, according to the state Comptroller, is currently $6 million and climbing) and look at where the most money is spent (51 percent of the budget on pubic safety) and put two and two together.

It’s kind of like legendary thief Willie Sutton. When the FBI asked him why he robbed banks he said:  That’s where the money is.”

Politically, to even look at cutting public safety takes guts or, as Rogers said, “balls.” But what are the alternatives? Jack taxes through the roof? That just chases some people out and deters others from moving in. I’m sure there are other spots in the workforce or the budget that can get cut too, but public safety is the big enchilada and it’s always been sacrosanct.

Sutton didn’t rob quicky marts.

I’m not even sure if she proposed the idea of closing the Fire Department’s North Station, but the fact she supported at least talking about what is a pretty decent idea brought down a flurry of nasty emails from her colleagues on the Council.

They can be read below since I generally get the juicer ones sooner or later.

(My favorite is from Councilman Bob Doherty, D-District 4, asking why Kopka is sending former Councilman Mark McGrath the emails.  “As has happened before when you email speculate using our communications to Mark they wind up in Franco’s [hands] with accusations of black people colluding or other’s alleged criminal behavior,” Doherty wrote on Nov. 9. I really have no idea what he’s talking about when he says “black people colluding” but I’ve been called worse. At least I think I’ve been called worse.)

Back to the issue … What Kopka is proposing, or supporting, makes at least some sense since the North Station is tiny with only one door and is home to just one pumper truck - although, someone did send me a photo of an ambulance sitting outside the station at the corner of North and River streets on Sunday. Provided the ambulance will find a permanent home along the curb of North Station, I can’t help but wonder what will happen should it get called out in January at, say, 3 a.m. Let’s hope the patient can wait while firefighters scrape the windows.

Also, while there is just one pumper truck – and possibly an ambulance – it has to be manned with two firefighters 24-7, which equals the full time equivalent of 14 shifts.  And when one of those 14 firefighters calls in sick or goes on vacation, that shift is filled with another firefighter on overtime.

It was closed down in 1993 when Central Station was opened on Sixth Avenue, the 14 shifts were disbursed to other stations and it was re-opened for political reasons a few years later. Then it was closed again, and then opened again. I don’t think many knew if it was open or closed for the last two decades.

Troy currently has 133 cops, which is the most since I’ve been at The Record. And shortly before I started covering Troy it was under 100. And Troy just hired 14 new firefighters. Not everyone loves cops but everyone loves firefighters.

It takes a “set” to even talk about cutting the Fire Department.  

Without further ado, here are the emails (I just cut and pasted them so I can’t take credit for the typos):

From Councilman Jim Gordon to Kopka on Nov. 7 at 5:40 p.m.

“I'm hearing that you and Erin are in favor of closing the North Central fire station. This would be a huge hit for this community, loosing it's police substation and now you want to close its fire house. 

I'm sure you're well aware of the minimal manning clause in the UFA agreement, are you willing to layoff firefighters to be able to realize any cost savings from this closure - after just hiring 14? Are you aware of how operationally this rig works with engine 1 in Lansingburgh? Would there be a public safety and first responder safe concern?

There has been no constructive bargaining sessions with the UFA, why aren't you calling on the mayor to initiate constructive negations. This could address cost savings and open the door for discussion on FD operations. Just like with the PBA contract, efficiencies can be had if we had the leadership in our administration to properly negotiate.

Additionally, you voted in support of the purchase of a new fire truck and two new ambulances, now what do you do with equipment such as this, that I believe is in the process of being ordered at a hefty price tag, and the debt it creates.

While I applaud your ambition it sounds like this proposal wasn't that well thought out before making public statements. Is the mayor supportive of your proposal? Is there more to the story than we are understanding? Please enlighten us.”

From Kopka to Gordon on Nov. 7 at 10:59 p.m.

“Rodney does not speak for either Erin or me. If you wish clarification on our suggestions, please contact us directly.”

From Councilwoman Anastasia Robertson to Kopka on Nov. 7 at 11:50 p.m.

“Regarding the suggested closure of any FD house is not a viable option especially in the North Central community.

Concerns addressed by Council Gordon are definitely issues that should be researched before any such closure were to be suggested let alone take place. North Central has minuscule resources and cannot afford to have more deflected to Lansingburgh or any other community.

Both Lansingburgh and North Central seem to shoulder the bulk of both fires and crime. Would you consider the FD house servicing your area for closure as the need appears to be less? I don't believe you would see that as a viable option.

I realize the constraints and fiscal responsibility we are facing there are many things to consider but to suggest taking resources out of a suffering community is not right or responsible.

On another note I also do not agree with decreasing the NI Grants to 6500 from 9k. This grant though small in scale serves many communities with an opportunity to beautify and in a small way bring a touch of sunshine and neighborly cohesion. If there were other grants for communities to draw from I might begin to understand, however this is not the case. The NI Grant is a viable and necessary grant toward the building and bridging of positive communities.

If you believe there are one or two who failed to utilized their grants, then next year deny those applicants.

Just my thoughts. ...”

From Kopka to Robertson on Nov. 8 at 1:02 a.m.

“Anastasia - Had you participated in the Wednesday caucus, you would know that I did not suggest that we close a firehouse. I did suggest that Troy adopt the Albany model of identifying savings in the public safety area (where the OT is creating problems) thru joint efforts - the administration and the police and fire work together to identify achievable savings.

Again, had you participated in Wednesday's caucus, you could have voiced your opposition to the NIP cut.

In order to accomplish the ads that many members wanted (Code Inspector, Grant Writer, Comptroller, Powers Park, etc), reductions in expenditures must be found. As it is, the majority submitted $47K in ads (not including fringe benefits for the positions) and has not identified a like amount in expenditure reductions.”

From Doherty to Kopka on Nov. 8 at 5:47 a.m.

“If there is a concerted effort to manage and reduce personnel costs, it must target the workforce in its entirety. Assuring management effectiveness to accomplish budgeted targets is our core responsibility of stewardship and accountability to Troy’s citizens. Because the uniformed Public Service sectors are our largest costs does not mean they become the sole target of attention and actions. Given the fundamental critical support of safety to citizen’s wellbeing, we should not speculate on drastic proposals, unless and until our reviews efforts are universal. The only effective effort will be a shared one with Administration. If there is not willingness on all of our parts, that must be addressed and remedied.

Passing our budget and acknowledging the content of the State Comptroller’s communications is the immediate challenge. Our next responsibility is to gain accurate and timely reporting of fiscal performance. We must start gaining the tools we need that will lead to control and stability. Controls and varied effective administrative actions to produce necessary outcomes need to be applied forthwith and continually throughout the year.

Speculative targets that gain attention for discussion don’t get us nearer to accomplishing our tasks.”

From Kopka to McGrath on Nov. 8 at 9:25 a.m.

“Mark - here is why it would be difficult to close a firehouse.”

From Robertson to Kopka on Nov. 8 at 11:10 a.m.

“Is there a reason why the council's communications are being shared with Mr. McGrath?”

From Kopka to someone on Nov. 8 at 12:19 p.m.

“I wanted to let him know about the feasibility of closing a firehouse”

From Doherty to Kopka on Nov. 9 at 8:22 a.m. (my favorite)

“Then please write your own communications and do not use mine. Adding Mark to our communications render them subject to hyperbole and insult.  As has happened before when you email speculate using our communications to Mark they wind up in Franco’s with accusations of black people colluding or other’s alleged criminal behavior.

Sincere interest in solving problems or even being thoughtful of the interests of Troy become an opportunity to scorn.

I’m disappointed you continue this behavior in spite of the chilling effect it has on your participation and reputation.  The answer to the question “Do you ever embarrass yourself?”  Is  apparently never.  It is impossible to know when you are being your usual contemptuous hurtful self or when you might actually want to be taken seriously.  I had hope you might collaborate and dialogue about City finances, but disruption is more to your liking.  Bob”

 

The FBI and the TPD

The FBI has decided not to pursue a full blown investigation into two other allegations of excessive force filed against the Troy Police Department.

According to Police Benevolent Association President Bob Fitzgerald, the request to look into the actions of Officer Kyle Jones during two 2012 arrests will not result in anything more than a cursory look. This comes on the heels of the FBI determining the Kokopellis melee of Jan. 25 did not warrant a full blown investigation either.

HOULE

In June, 2012, Jones was accused of using excessive force while arresting freelance photographer Brian Houle. Days prior to the arrest in front of Houle’s South Troy home, Jones and Houle got into an argument on Facebook over the definition of “hero.” Houle called himself such after putting a car fire out, Jones took exception and called Houle to tell him as much. Houle, of course recorded the conversation and while Jones didn’t outright threaten him, it was close.

Days later, Houle, Jones was on patrol in South Troy, attempted to arrest Houle for some petty crime, Houle allegedly resisted and got beat up pretty good.

FOGARTY'S HEAD

Houle currently has a $3 million lawsuit filed against the city. Jones was found to have violated the department’s internet policy and standards of impartiality. I don’t think there is such thing as “violating good judgment” or “thumbing your nose at common sense” in the police officer manual but if there were he would be guilty of those too.

Anyway, in December, Jones tried to arrest Frank Fogarty in downtown for disorderly conduct and Fogarty and his wife allegedly resisted. An Internal Affairs investigation found that Jones did use excessive force, but the PBA claimed Chief John Tedesco released the letter to Fogarty too soon and filed a complaint against the chief for doing so.

Along with allegations of excessive force after the Jan. 25 Kokopellis melee, the two complaints were sent along to the Justice Department by the Troy African American Pastoral Alliance.  The FBI took a look at all three and decided not to conduct a full blown investigation into any of them.

TEDESCO and JONES

In addition to Houle’s civil suit, Fogarty filed one too, Kokopellis has already filed a notice of claim and I’d be willing to bet it’s only a matter of time before Roshwon Donley, the man captured on cell phone and surveillance videos getting hit by police with nightsticks, files one as well.

Some good did come out of the allegations, however. The Police Department has revamped how it takes complaints – in that they are actually taking them seriously – the Police Objective Review Committee is taking a more active role and there is a separate entity, the Troy Citizens Complaint Board, to assist residents file complaints and see the police follow through with the investigation.

In the end the allegations did have some lasting impact:

DOHERTY

-Tedesco came out on top by forwarding everything to the FBI – whether he knew the outcome or not – and got control of the TPD’s day-to-day operations back.

-Not that the TPD didn’t take the more serious complaints seriously, but now officers know the minor ones will too.

-Kokopellis brought to a head what citizens called a systematic, longtime abuse at the hands of police officers. I’m not sure how widespread it was – or if it was institutional racism as indicated by a number of residents – but obviously there was something there based on the number who showed up at the Public Safety Committee meetings to complain and by Tedesco’s own words.

-Despite the FBI, the nation's lead investigatory agency, opting not to pursue the complaints, Councilman Bob Doherty, D-District 4, still wants a district attorney to take a look at possible criminality. I just don't see that happening.  
 
 
 
 

Zalewski trashes Doherty's videotaping ordinance

ZALEWSKI

DOHERTY

In no uncertain terms, Councilman Ken Zalewski, D-District 5, shot down a proposal by Councilman Bob Doherty, D-District 4, that would make it a crime for police to prohibit citizens from videotaping officers while they work.  

“I will state this clearly to you right now: If any legislation is presented to the Public Safety Committee that attempts to target police officers for actions that are already covered by law and procedure, I will vote against it,” Zalewski wrote to Det. Sgt. Sean Kittle in response to a letter he addressed to the entire Council. “In addition, I would encourage my colleagues to vote against it as well.

“This is a bit presumptuous of me, but I’m fairly confident that any such legislation would never make it out of committee.”

Doherty, chair of the Public Safety Committee, said his ordinance would carry a fine of up to $5,000 and up to 15 days in jail.

Kittle, in his letter to the Council, said he was “disheartened” by the ordinance, not because he disagrees with it in principal but because there are already laws protecting a citizen’s right to videotape police officers. Also, he said, it violates the Constitution by singling out police officers.

ZALEWSKI LETTER

“I am disheartened because I expect much more from an elected city official than an attempt to advance legislation that is directed at only a select group in our society,” Kittle wrote. “A naïve person may believe your intent is honorable because of misconceptions that exist. But, if you simply change the words from “Troy Police Officer” and replace it with some other specific group (ex: race, religion, disability, etc.) you may begin to realize that you, as an elected official, are not embracing the basic principles held in the U.S. Constitution and the Bill of Rights.

Earlier, Capt. John Cooney called the ordinance an "insult."

Doherty has not formally proposed the legislation but it came out of a third Public Safety Committee meeting over the Jan. 25 melee at Kokopells bar that ended with eight officers injured – six requiring hospital care – and eight people arrested for a host of crimes including disorderly conduct and resisting arrest.

KITTLE LETTER

During the first, well-attended Public Safety Committee meeting, many of the public claimed the TPD implements institutionalized racism and often uses excessive force with little or no ramifications. The criticism continued during the second, but Police Chief John Tedesco did have an opportunity to respond to the accusations and many citizens defended the police not only for their actions on Jan. 25 but in general.

The letters came to this blog through someone with close ties to the Council.

 

  

Public can already videotape police; ordinance is an 'insult' at best

Imagine if a Department of Public Works employee trashes your mailbox while snowplowing and he or she is arrested for vandalism, fined and has to do some jail time.

That’s pretty much the same premise behind an ordinance proposed by Councilman Bob Doherty, D-District 4, that would make it a crime for police to prohibit the public from photographing or videotaping an officer’s activities. The punishment for doing such, according to Doherty, would carry a fine of up to $5,000 and a jail sentence up to 15 days, according to Doherty, chair of the Public Safety Committee.

For starters, police officers work for the city so if the officer is charged – and a cop is innocent until proven guilty just like anyone else – he or she is indemnified and the city has to represent them. And if the officer is found guilty, the city would be responsible for paying the fine. Who does the city pay the fine too … itself?

Also, according to the City Charter, any ordinance passed by the Council “shall be punishable as a misdemeanor by a fine not exceeding $1,000 or imprisonment for not more than one year or both, or as a violation by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days, or both.”

So, if Doherty does implement his ordinance as proposed, first he would need to change the Charter.

In addition to the local issues, there are numerous federal court cases that already give the public the right to photograph or videotape police officers so long as doing so does not interfere with the officers’ duties. Officers are fair game just like anyone else on a public street or a public gathering spot. A law prohibiting police officers from doing something that is already prohibited is duplicitous at best.

Capt. John Cooney called the ordinance an "insult." I'm sure other officers are calling it much worse, and rightly so.

Obviously, Doherty is catering to the large contingent of Troy that came out strong against the police in the wake of the Jan. 25 melee at Kokopellis. Many residents claim there police used excessive force and have used excessive force for years particularly against minorities. He also pointed to two other cases – James Foley who settled his brutality suit for $90,000, and Brian Houle, whose civil suit is still pending.

The melee did highlight problems between police and the community, but as an elected member of the Council, Doherty should work to bridge the gap and not ostracize or insult one side or another as he is clearly doing with this inane, useless ordinance.

Ethics Commission clears Wiltshire

By a unanimous vote, the Ethics Commission cleared Council President Rodney Wiltshire of any violations, Monday.

The commission was looking into social media reports that Wiltshire had a financial interest in Kokopellis, a Fourth Street bar where a melee occurred on Jan. 25 that ended with five arrested and eight officers injured, six severely enough to require hospital treatment. Since, three more have been arrested.

Wiltshire has staunchly maintained he did nothing wrong, has no financial interest in the bar and called the investigation a “witch hunt” by some members of the seven-member panel.

Parts of the melee were caught on surveillance and cell phone cameras and they appear to show an orderly crowd leaving the bar as police were entering. However, things quickly got out of hand when police attempted to arrest Roshwan Donley. Videos show a police officer beating him with a nightstick while others held him down. Outside the bar, police describe, and video show, a chaotic scene with people throwing bottles at officers and someone throwing a garbage can through the back window of a cruiser.

Police say they were justified in their use of force while many claim it was one more example of police using force to the excess. Racial tensions remain spiked in the Collar City, with a forum being held at the Missing Link Ministry Wednesday, and a third Public Safety Committee meeting slated for March 5. The first was for the public to voice its concerns about the police and during the second Chief John Tedesco had a chance to respond. Both hearings were packed and emotionally charged. 

The commission also is looking into a decision by Councilman Bob Doherty, D-District 4, to accompany the owners of Kokopellis – Barry and Joe Glick – to the New York State Liquor Authority. Doherty, who chairs the Public Safety Committee, said previously he only went to urge the SLA to not make any rash decisions regarding the bar, which is located in his district, until all the facts regarding what transpired on Jan. 25 is known.

The commission has not ruled on Doherty as of Wednesday morning.

More information as it becomes available. A press release by the commission is due out today.

Facebook and ethics (DOCUMENTS)

It appears the Ethics Commission is moving forward with an inquiry into the actions of two Troy councilmen – Council President Rodney Wiltshire and Councilman Bob Doherty, D-District 4.

 It’s been a long time since the Ethics Commission in Troy did or said anything – the last time I remember was back in the 90s when questions arose about then Deputy Mayor Jim Conroy’ and his father’s estate – so I guess in that regard it’s a pleasant turn of events.

It’s been known they were taking a peak at Doherty for his ill-advised visit to the New York State Liquor Authority on behalf of Kokopellis. I’m not sure if he violated any formal ethical obligations he has as an elected representative, but it sure caused quite the stir since … well … the Jan. 25 incident caused quite a stir on a number of different levels.

The commission is looking at Wiltshire because of comments made on social media that said he has a financial interest in the Fourth Street bar. Now, this is just a guess, but if the commission took a look at everything that is said on social media they would be the busiest panel in City Hall history.

As to Doherty, the section of CityCode that deals with ethics is pretty comprehensive and applies to officials across the board – elected and appointed. It specifically states all those covered cannot advocate for another entity that has an interest in front of the city. For example, a Councilman could not appear in front of the Planning Commission on behalf of business looking to open its doors in the city. But, it doesn’t specifically say anything about appearing in front of a state agency.

Doherty told the Times Union he went with the bars’ owners, Barry and Joe Glick, because the business was in his district and to urge the SLA to not take any drastic action, such as close the bar down, until the number of investigations into what transpired on Jan. 25 are complete.

Plausible, I guess, but still ill-advised since there is so much controversy regarding the bar and because Doherty, as chair of the Public Safety Committee, was, at the time, holding hearings on the matter with the goal of reaching an objective conclusion. The SLA, I don’t think, cares too much about anything else – allegations of police brutality, racial tensions or political undertones – except if Kokopellis followed state law or not.

As far as Wiltshire goes, since he is covered under the Code of Ethics he has to disclose all outside business interests within the city and any interest within a mile of the city line. Below is his latest disclosure statement and I’m told the other two are similar and don’t include a mention of any financial interest he has in Kokopellis.

No, I guess it’s not a perfect system in that Wiltshire or anyone else could just not disclose an interest but why would anyone running for public office not want to tell voters he has a financial stake in a city business. I would think having a vested interest in the city’s future would play well to voters.

If I were more cynical, I would say Wiltshire got brought into the mix because of his decision to break from the Democratic Party proper and the administration too.

Anyway, I tip my hat to the Ethics Commission for meeting and actually doing something. Now maybe they will look into others stuff that has happened like the King Street demolition, the North Central sidewalk debacle, or the Scolite bid process. OK, they may not fall under the commission’s auspices … until someone throws it up on Facebook anyway.  

Wiltshire's 2013 Financial statement

UPDATED: Premo to Mayor Lou: Go back to Kindergarten

Here is an email exchange that started with Councilman Bob Doherty, D-District 4, first criticizing the attorney for Chief John Tedesco, Brian Premo, for coming on my show Sunday and then criticizing the chief for being less than gracious with Mayor Lou Rosamilia for giving the chief his duties back.

I won’t defend the radio show or the station but anyone at any time is welcome to come on my show or call in on Sunday from 10a.m. to noon.

While Doherty may have been well-intentioned in his email, it’s evident – as I wrote – that Premo and the chief will not let bygones be bygones and are taking any chances on what the future may bring just in case the future does include another police commissioner.

In other words, Premo pulls no punches and the funniest part is when he implies Rosamilia should go back to kindergarten ... or even pre-K.

(Updated with Premo's response to Doherty's response at the end of the email exchange)

Enjoy:

-----Original Message-----

From: Robert Doherty [mailto:doherty4troy@gmail.com]

Sent: Sunday, February 16, 2014 7:45 AM

To: Bodnar Dean; Zalewski Ken; Wiltshire Rodney; Robertson Anastasia; James Gordon

Cc: John.Tedesco; Lou.Rosamilia

Subject: Public Discourse- Bob Doherty

Nice letter in the Record today about Police issues by Kimberly Mazor.  

Brian Premo is on Franco this morning. I hope the comments critical of Lou Rosamilia will be gone.  I was disappointed the Brian continued to review the old conflict in the press as the Chief was getting the reins back.  Conflict between the Mayor and the Chief is well known own and I hope resolved, given the recent direction of restoring full leadership to him.  I'm not sure a politicized talk show is a good venue for the Chief's advocate.

There has been a run discord fueled hyperbole on that station that seems to include denigrating a memorial because it was referred to as a "Celebration" and accusations that people were naked at the event of Jan 25th.  Makes no sense to fuel public anxiety.  The PBA member who loudly called the African American Pastoral Alliance a "Clown Circus" is of the same unhelpful position.

References to the KKK in discussing the Kokopellis event serves to reinforce defensiveness can contribute to dismissal and distraction.

Ever heard of the Four agreements?

The Four Agreements:

1. Be Impeccable With Your Word

Speak with integrity. Say only what you mean. Avoid using the word to speak against yourself or to gossip about others. Use the power of your word in the direction of truth and love.

2. Don't Take Anything Personally

Nothing others do is because of you. What others say and do is a projection of their own reality, their own dream. When you are immune to the opinions and actions of others, you won't be the victim of needless suffering.

3. Don't Make Assumptions

Find the courage to ask questions and to express what you really want. Communicate with others as clearly as you can to avoid misunderstandings, sadness and drama. With just this one agreement, you can completely transform your life.

4. Always Do Your Best

Your best is going to change from moment to moment; it will be different when you are healthy as opposed to sick. Under any circumstance, simply do your best, and you will avoid self-judgment, self-abuse and regret.

Don Miguel Ruiz

On Feb 18, 2014, at 2:44 PM, Brian Premo <bpremo@premolaw.com> wrote:

Gentlemen,

I send this welcomed response on behalf of Chief Tedesco, who is presently on vacation.  It is a communication concerning impending litigation as all past correspondence.  

Firstly, Councilman Doherty's comments are as offensive as those recently made by the Mayor and Mr. Magnetto concerning the many issues pending.  

Secondly, it is hoped that my recent statements have made clear Chief Tedesco's position: a resolution of his claims requires the execution of a Settlement Agreement which includes an enforceable term that no further action will be taken by the Mayor, any City Council member or other city official to cause his unlawful political discharge, usurp his authority or duty, or create a hostile work environment in violation of the City Charter, NYS Civil Service Law, and/or the U.S. Constitution.  

Thirdly, the violation of his rights does not concern an "old conflict" simply to be forgotten (see quotes below about hypocrisy).  In short, the issue has not been resolved simply because Chief Tedesco has successfully turned public opinion against Mr. Magnetto, the Mayor and the Administration through discussion of the facts and truth of the matter.  Nor has it been resolved because the Mayor was unsuccessful in his attempts to appoint a Public Safety Commissioner (or unlawfully appoint another Police Commissioner) to continue the effort in violation of Chief Tedesco's rights.  

Fourthly, any Agreement in settlement of Chief Tedesco's claims must be premised upon the fact that the Mayor unlawfully appointed Mr. Magnetto to usurp his authority and duty to institute police department policies and rules dictated by the PBA President, which they both tacitly admitted in recent public statements.  However, although not surprising considering his previous admission to Chief Tedesco that he did not want to vote for the appointment of Mr. Magnetto but "had to support the party line", Mr. Doherty's comments make clear that he now wants to ignore the fact that Mr. Magnetto's appointment was unlawful, that Mr. Magnetto usurped the unlawfully authority and duty of Chief Tedesco, that Mr. Magnetto countermanded Chief Tedesco's established policies and orders to implement those dictated by the PBA President at the direction of the Mayor, that the Mayor and Mr. Magnetto treated Chief Tedesco in an hostile, unprofessional, and undignified manner in denigration of his rights, and that the violation of Chief Tedesco's rights have caused him damages that must now be remedied.  

Fifthly, Mr. Doherty's comments do nothing to remedy the past violation of Chief Tedesco's rights or ensure that no similar action will be taken against him in the future, which come only by way of enforceable Settlement Agreement.   

I will send a related letter to members of the Council and others discussing the matter as soon as practicable.

In closing, since the issue concerns the remedying of rights violated by the unlawful acts of those who clearly have not followed The Four Agreements, I must say that I find the following quotes to be appropriate to the matter:

1.     "Early in life I had to choose between honest arrogance and hypocritical humility. I chose the former and have seen no reason to change."

Frank Lloyd Wright (Architect, interior designer, writer & educator)

2.     Man is the only animal that learns by being hypocritical. He pretends to be polite and then, eventually, he becomes polite."

Jean Kerr (Irish-American Author & Playwright)

3.     "You can't defend the indefensible - anything you say sounds self- serving and hypocritical."

Diane Abbott (Actress, once married to Robert DiNero)

4.     But, far better than all, I recommend the reading of "All I Really Need to Know, I Learned in Kindergarten."  If its tenets were followed by the Mayor, there would be no issue to remedy at this time. It is hoped that what should have been learned in pre-school days has now become clear: there is no place for politics in a police department, especially bad politics.  It is also hoped that all hypocrisy is left unspoken in any future related conversation, public or private.

Please forward this reply to Mr. Silverman.

Brian Premo.

From: Robert Doherty <doherty4troy@gmail.com>
Date: February 18, 2014 at 8:24:13 PM EST
To: Brian Premo <bpremo@premolaw.com>
Cc: Bodnar Dean <bodnard@hotmail.com>, Zalewski Ken <zalewski@troycitycouncil.com>, Wiltshire Rodney <wiltshirefortroy@gmail.com>, Robertson Anastasia <anastasiavoice4district2@yahoo.com>, James Gordon <jgordon003@nycap.rr.com>, Tedesco Chief John <john.tedesco@troyny.gov>, Rosamilia Lou <lou.rosamilia@troyny.gov>
Subject: Re: Public Discourse- Bob Doherty

Mr. Premo,
   I did not address any correspondence to you and will not continue argumentative correspondence with you.  I wish to correspond within the Council, Public Safety Committee and when appropriate, the Administration without your input or response.  Although you have a client among the addressees, I do not think that gives you entitlement to participate in our correspondence.
   To the other addressees: I had asked and was told that the restoration of the Chief to full responsibilities was accomplished and accompanied with his clear understanding of the Mayor's authority and role..  There is some irony that in an article where the Mayor choses to restore full authority to the Chief, the Chief's advocate is attacking the Mayor's allegedly poor decisions.
   At these times of focus on Public Safety, continued arguing is unseemly and undermines our ability to come together.  I was also told by council advocates of the Chief that he was quite willing to proceed to work with us all. I find it tiresome to be giving energy to this past conflict or such personalized responses from outside sources.  I also think it important to get on the team or off the wagon. "To give orders you need to take orders" was something I was told a long time ago. Bury the hatchet and drive the bus.
The Public Safety Committee was a strained activity for the Chief and the Committee in the last term.  I do not intend to repeat a conflict process.  As far as I know, neither does the Chief.   

Bob Doherty

Premo said he never got Doherty's last email and in response said:

"Funny, only in dealing with Mr. Doherty since the advent of the Internet this is the one and only email purportedly addressed to me that I did not receive," he said. "In any event, it's content is no more than further unintentional, self-effacing, water-spilling, fallacious, political rhetoric which warrants no further response."  

 

 

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."