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.  
 
 
 
 

Chief Tedesco under oath: There were problems (DOCUMENT)

(If you are at all interested, I highly recommend reading the deposition – it’s a good read. It can be seen at the end of this post.) 

A 2012 deposition given under oath by Police Chief John Tedesco outlines problems he saw with how Internal Affairs investigations were done before he became chief, and the influence by the Police Benevolent Association on such investigations.

“There was a – this memo was written shortly after Officer Fitzgerald, I believe, was either elected or reelected to his position as PBA president, and part of his campaign literature it stated, he boasted of his relationship with then Chief of Police Nick Kaiser,” Tedesco told attorney Elmer Keach. “And as to other Captains Fernett and Paul, my relationship has been strained for quite some time.”

“What do you mean? So Officer Fitzgerald boasted of what, having a good relationship with the chief?” Keach asked as a follow up question.

“Yes. I guess if one were reading it, it would be that he could get things resolved favorably, so to speak,” Tedesco answered.

According to a memo Tedesco wrote to then Corporation Counsel Dave Mitchell in December 2007, Fernett was head of the Internal Affairs at the time.

I’m not going to re-write the entire three-hour, 98-page deposition, first reported on by the Times Union, but it is a good read and does lend credence to concerns voiced by the minority community that their complaints about the TPD were largely ignored for years. And it shows one reason why the PBA was so dead set against having Tedesco appointed chief and pushed hard to get Anthony Magnetto appointed commissioner – because it knew Tedesco was going to shake up how the Troy Police Department policed their own.

The deposition was taken as part of the civil suit brought by James Foley, who claimed police brutality and who settled with the city for $90,000.  

Tedesco was appointed chief by Mayor Harry Tutunjian in 2010, Magnetto was appointed commissioner to oversee the day-to-day operation of the TPD by Mayor Lou Rosamilia in 2013. A year later, Magnetto went back into retirement and Tedesco now has his old responsibilities back.  

Tedesco outlined some changes he made – such as complaints are filed in duplicate with the person filing it getting a copy so as to have a record the complaint was made – and others he is working on such as taking the position of being head of IA out of the bidding process, which is now required in the PBA contract.

The chief said he did complain about the IA process with both the Harry Tutunjian administration and Kaiser but did stand up for an officer who pepper sprayed a woman handcuffed in the back seat of a cruiser because she was attempting to spit on him.

“I would say that, you know, handcuffs are not a full proof method of having someone subdued,” Tedesco said. “I think the officer’s actions in this according to this document I have before me, I would say that it is an appropriate use of pepper spray.”

The chief said, to his recollection, there have not been any police officers within 10 years of the deposition disciplined for excessive force or for being rude or inconsiderate to the public.

Tedesco also talks about a letter from federal Judge Gary Sharpe to Kaiser indicating one of his juries had concerns about the TPD internal affairs process while deliberating a case where a man allegedly suffered brain damage at the hands of officers.

“’It was their distinct view, however, that there was no real effort by Internal Affairs to investigate those complaints,”’ referring to use of force complaints,” Keach read from the letter.

It’s unclear which case in particular Sharpe had before him but Tedesco said Kaiser did not make any adjustments to how discipline was handled by the TPD.

When he became chief, Tedesco said he let it known that there would be changes and he would not put up with some of the behaviors that he indicated were either ignored or buried like before.

“Was that words or substance you letting your subordinate police officers know there is a new sheriff in town, things are going to be done differently,” Keach asked Tedesco.

“Yes. The sheriff would support them, however, I will support them only so far, you have to be correct in what you are doing … If you have to defend yourself, if one punch does it, that’s all you get.”

Foley was struck by four officers 15 times, according to Keach, and suffered a punctured lung when he was arrested in 2010.

Keach (pictured right) also represents the owners of Kokopellis, Barry and Joe Glick, who have filed a notice of claim with the intent to sue the city over what they claim were inappropriate actions by officers of the TPD on Jan. 25.

 

Tedesco Deposition

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.

 

 

Catching up on overtime and overpayment

Two stories worth mentioning are the annual overtime numbers which is really nothing new in that police and fire personnel dominate, and the bizarre story of the city overpaying the Troy library more than $350,000.

The first pretty much speaks for itself since overtime is dictated by the contracts and those broad parameters are then manipulated to take care of a select few who are close to retirement and who are using OT to boost their overtime. The Times Union compiled the numbers.

FITZGERALD

A few things stand out:

-Bob Fitzgerald was number two on the list, making $38, 142 in overtime, bumping his salary to $103,274. The thing about Fitzgerald, who has said he will retire sometime this year, is that his 40 an hour week job is president of the Police Benevolent Association. That’s it. That’s his job. I don’t begrudge him for having it, others have had the same deal before him and others will after but having a full time union representative on the taxpayer dime is still a waste of money.

-Fire Chief Tom Garrett is on the list again and has been on the list for as long as I remember. Last year he made $33,200 in OT making him the city’s highest paid employee at $140,955. A few years ago then Police Chief Nick Kaiser and his assistants agreed to come out of the Command Officer Association of Troy and take a $7,000 one-time buyout. It makes sense in that management should not be in the union since part of their job is to direct personnel also in the union. I’ve heard there have been attempts to get Garrett out of the union but it’s impossible without his consent because … well, he’s in the union.

-Two new names came up this year Michael Hayner, who is heading up Department of Public Works in the absence of a formal commissioner. He made $31,587 in OT for an overall pay of $104,331 and Barbara Tozzi, who pulled in $28,656 in OT towards an overall paycheck of $79,186 for 2013.

As far as the $350,000 overpayment to the library goes, I’m not sure what to make of it. The city told Channel 13 it was a clerical error but it’s not like this is a new wrinkle in that the library became its own taxing district years ago. The city collects the tax from the residents and then passes it on the library. It sounds easy enough when I’m sitting here writing it but I’m sure there are some nuances to the logistics that make it a little more difficult than that.

Still, like I said, it’s not anything new and now the city and the library are at odds as to how much the library owes the city because of the overpayment. According to the Times Union, the library thinks the city should make it whole and pay the entire tax levy even if it doesn't collect it from taxpayers. For example, the city owes the library $10 if all taxable properties are considered but only collects $8 for whatever reason including people in foreclosure. The library thinks the city should come up with that additional $2, the city doesn't think it's responsible.  

I’m still not sure of what to make of the whole thing but I will say it’s just one more indication of the confusion that seems to ooze from City Hall.

I know I’m a bit late on both, but there were some people commenting on both issues so I figured I would post them and give credit to the Times Union and Kumi Tucker at Channel 13.

  

 

Cox causes Council to call for more cops

ROBERT COX with a KITTY CAT

The Troy City Council is asking for an addition police officer at their monthly meetings after a regular, and vocal, critic threatened to get a gun and shoot members in retaliation for a family member being denied the purchase of city owned property.

And police are taking the threats made by Robert Cox seriously, according to an email sent to the Council by Chief John Tedesco. (Emails to and from members of the Council can be seen below.)

It appears Cox was unhappy with the Council for voting down an ordinance that would have sold two city owned properties – 30 and 36 Dowu St. – to his nephew Jack Cox Jr.

I’ll let the emails speak for themselves but I will sum them up as best I can: After the meeting, Robert Cox, unhappy with the vote said, “among other things” that he was going to get a gun and shoot people; off duty Police Officer Bob Fitzgerald overheard him and told Councilman Dean Bodnar about it; Bodnar in turn told the rest of the Council and Tedesco. Councilman Jim Gordon, since Cox singled him out from the podium at the meeting, said in one email he is getting an order of protection.

You can get a more comprehensive picture if you read the emails, and I provided info that isn’t included like who made the threats and the officer who overheard them. As to the latter, it’s kind of ironic in that it’s similar to one of the reasons given by then Mayor Harry Tutunjian to place Fitzgerald (pictured right) on paid administrative leave a few years ago.  

Before you move on, though, a little bit of history. This is not the first time the Council has been threatened in such a way. Once, probably 16 years ago, Fran Pomiber, an original member of the Trojans for Troy, threatened to shoot the entire Council with a machine gun. On her way up the stairs, with a police officer graciously escorting her, she turned and yelled: “I don’t want to see this in Talespin, Franco.” Of course, I put it in Talespin and that was the last anyone ever heard of it.

Now, thanks to tragedies like Columbine, Sandy Hook and the SAFE Act, such threats throw everyone into a panic.  

Anyway, I’ve always like Jack Cox Sr., I don’t know Jack Cox Jr. (pictured left) that well but he ran for mayor a few years ago and for that I give him credit, but Robert Cox has a tendency to just fly off the hook once in a while. I know that first hand because I’ve been on the receiving end of his tirades more than once. Is he dangerous? There are those who think so, so I guess it’s better to be safe than sorry.

 THE EMAILS

From: "John.Tedesco" <John.Tedesco@troyny.gov>
Date: February 7, 2014 at 3:47:09 PM EST
To: "Rodney Wiltshire" <wiltshirefortroy@gmail.com>, <all-members@troycitycouncil.com>
Cc: "Tony.Magnetto" <Tony.Magnetto@troyny.gov>, "Ian.Silverman" <Ian.Silverman@troyny.gov>, "Richard.McAvoy" <Richard.McAvoy@troyny.gov>, "George.Vanbramer" <George.Vanbramer@troyny.gov>, "Rick.Sprague" <Rick.Sprague@troyny.gov>, "Chris.Kehn" <Chris.Kehn@troyny.gov>
Subject: RE: Urgent Security Matter

Greetings,

After speaking with Councilman Bodnar, I advised Captain Sprague of this
issue. In turn, he spoke with Officer Fitzgerald and directed that he
complete a report on the matter. I have since received calls from two
additional Council members expressing their concerns for personal
safety.

This matter is now assigned for investigation. A detective will be
contacting each of you early next week. Also being questioned is the
performance of the officer assigned as the Sergeant at Arms.

Please be assured that the Council's ability to vote free from threats
is of the utmost importance, and we view this issue as a priority.

Please feel free to contact me if you have any additional concerns.

Chief John F. Tedesco
Troy Police Department
55 State Street
Troy, N.Y. 12180
john.tedesco@troyny.gov
Office: (518) 270-4525
Fax: (518) 270-4452



-----Original Message-----
From: Rodney Wiltshire [mailto:wiltshirefortroy@gmail.com]
Sent: Friday, February 07, 2014 3:00 PM
To: all-members@troycitycouncil.com
Cc: Tony.Magnetto; John.Tedesco; Ian.Silverman
Subject: Re: Urgent Security Matter

I will of course treat this seriously as well.  I think it might be a
good idea to have an officer in the Front as well as the back in
general.

Who reported this threat, and what has been done at this point?

If it is substantiated and credible, I would consider implementing a
restrictive policy on allowing people who have made threats against us
to appear before us at these meetings.

Thank you,
   Rodney

On 2/7/2014 1:32 PM, James Gordon wrote:


   I have been in contact with TPD this morning and will be
following up this afternoon.

   The same information was relayed to me as well and in light of
being singled out by the Coxs' during their speeches I will be pursuing
an order of protection.

   This behavior will not and should not be tolerated.

   Thank you
 
 
   Jim Gordon
   Councilman, Dist. 1

   Twitter: @jimgordon4troy
   Facebook.com/jimgordonfortroy

   Sent from my iPhone 5

   On Feb 7, 2014, at 1:18 PM, Dean <bodnard@hotmail.com> wrote:
 
 

       Rodney,
       
       I'm writing to make sure you're aware of a security
threat against the city council. The threat was relayed to me, after the
final meeting of the night, by an off-duty Troy police officer as we
waited for an elevator. According to the police officer, a member of the
Cox family said that, among other things, he was going to get a gun and
start shooting people in the wake of Jack Cox, Jr.'s unsuccessful
attempt to obtain two city-owned parcels of property on Douw Street.
       
       I called Chief Tedesco this morning and asked him to
look into this matter, which he agreed to do.
       
       The issue here is not whether the threat was made out of
anger, frustration, or the mental instability of the person uttering it.
The issue is the safety of our colleagues, and the public, who are
simply participating in the democratic process of government. As
president of the council, I'm calling upon you to take this matter most
seriously and take additional steps to increase security at our public
meetings. Specifically, I'm asking that two police officers, at a
minimum, be present for every public meeting, and that one of the
officers be stationed at the front of the room (perhaps near the council
secretary's door), facing the crowd to enable him/her to respond quickly
in the event of a threat.
       
       Please inform me, and the rest of the council, how you
plan to proceed.
       
       Thanks
       Dean
     


--


Rodney G. Wiltshire Jr.

President of the Troy City Council



Phone (518) 279-7134

Fax (518) 270-4639

Email: Wiltshire@troyCityCouncil.com



City Hall

433 River Street

Troy, New York 12180



Please Think GREEN Before Printing this Email!

Fight the Fitzgerald lawsuit for the kids

FITZGERALD

One definition of justice, as defined by Webster is: “the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments.”

Not so in the City of Troy.

The Council is poised to approve a settlement to satisfy a lawsuit brought by Police Benevolent Association President Bob Fitzgerald for $85,000 – with insurance covering $75,000 - without even addressing the merits of the more than 6-year-old case. And this comes after it already spent $140,000 on an attorney, Tom O’Connor, to defend the case. 

Basically, the city put Fitzgerald on paid administrative leave for a tiff he had with another officer, Steve Seney, which included threats of violence. Then Mayor Harry Tutunjian understandably took exception and took action against Fitzgerald by putting him on paid administrative leave. The former mayor was included in the suit along with now Police Chief John Tedesco.

ROSAMILIA

Tutunjian and Tedesco claim they did nothing wrong, Mayor Lou Rosamilia, according to reports and a draft press release, said he would have done the same thing as Tutunjian if it transpired under his watch. Up until a month ago, Rosamilia and the city were ready to take the case to court. But, at a special Law Committee meeting, Corporation Counsel Ian Silverman said the city could be on the hook for $250,000 should the city lose at trial. Better to cut our loses, the attorney advised, and be done with it for a measly $10,000.

Be that as it may, what kind of precedent is it going to set? If a Department of Public Works guy gets suspended for having a few beers at lunch, can he sue for mental anguish? If a City Hall employee is suspended for looking at porn at his desk, can he sue for sexual discrimination? If a police officer is suspended for excessive force, can he sue for being issued a nightstick?

Fitzgerald didn't lose any pay over the incident, he was disciplined by his boss. He could have filed a grievance with the Public Employee Relations Board like he has hundreds of times before when he had a beef with the administration but he instead chose to file a lawsuit in federal court.

I don’t know what exactly transpired between Seney and Fitzgerald but at the time I seem to remember there was something to do with residency requirements and how it relates to promotions, threats of machine gun fire and tales of infidelity, conspiracy, personal animosity and revenge as well as other nonsensical, immature accusations.

For that the city has to pay $10,000 – plus six years’ worth of attorney fees.

Part of the deal is the city will not admit any wrongdoing on anyone’s behalf, however I don’t think that matters miuch. Settling is, in and of itself, an admission of guilt and most people won’t notice any language that doesn’t begin with a dollar sign.

Fitzgerald, who said he is retiring by year’s end, said he won’t see a dime of the money. Rather, it will go to the PBA to pay its attorney, Mark Walsh for bringing the lawsuit. I don’t see that as relevant because it’s still taxpayer money going to pay an attorney for a lawsuit brought by a guy who sued the city. In other words, the city is bailing out Fitzgerald’s debt to the union he represents because if the city doesn’t make Walsh whole, who will? Yes, you are right, the members. And something tells me they won’t be happy about that.

And even if the city can get out from under this six-year debacle for relatively small amount of money, there is such a thing as right and wrong and sometimes you can’t put a price on that. It’s a gamble, sure, but one the administration and Council should take because it’s the right thing to do. If it caves and settles because it “costs too much,” what kind of message is it sending the kids.  

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?

  

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.