More on the Democratic Party Committee battle



WADE (Times Union photo)

It’s not a complete house cleaning but Rensselaer County Democratic Party Chairman Tom Wade is getting rid of “dead weight” and those deemed “disloyal” to the party.

 

As reported, when the petitions forms for committee members were handed out last week, they did not include the names of Council President Rodney Wiltshire, his wife Jolene or Councilman Ken Zalewski, D-District 5.

They also didn’t include three family members of Brian Premo - a long time attorney and Democrat who also has had his differences with Wade - for their committee seats in Brunswick.

The Wiltshires and Zalewski, however, will not be “bullied by the chairman," according to their camp, and are preparing to wage primaries. While Wade did not say he would follow through, he does have the option of assigning a committee to hold hearings to determine if they should permanently get thrown out of the party for disloyalty.

WILTSHIRE

The way it works, though, is that a committeeman can run in any Election District located within the Assembly District in which they live so it’s kind of difficult to see who will run against who until the petition process is complete.

Anyway, disloyalty, according to Wade, includes Zalewski’s support of Republican Councilman Dean Bodnar, R-District 3, over Democrat Michelle DeLair in last year’s election and Wiltshire’s acceptance of the Independence Party line - which helped him oust Councilwoman Lynn Kopka,a party loyalist, as president. Since the Independence Party is controlled at the local level by the GOP, Wade claims Wiltshire made a deal and gave Republicans appointments in return for the party’s nod.

The “dead weight” claim stems from Wade’s contention that the Premos do not show up to committee meetings and do little or no work for the party.  

ZALEWSKI

Also, two years ago, Wiltshire, Zalewski and Premo worked for Robert “Rabbit” Riley in an unsuccessful effort to oust Wade as chairman.

The way it works, according to Wade, is that the town chairs throughout the county and council district leaders in Troy recommend names of those party members they would like to see serve on their respective committees. Wade maintains he is only following those recommendations.

Control of the committee is important in that the committee picks the chairman and ultimately has control who the party endorses. Zalewski is term limited out, but Wiltshire does have political ambitions past the Troy Council and one option is obviously mayor.

If Wade is not supporting Wiltshire for committee, it stands to reason Wiltshire is not his top pick for mayor should Mayor Lou Rosamilia opt not to run for another term. Actually, it would be difficult to see Wade supporting him for another run at Council.

Wade said the party is also shaking up committees in Grafton, East Greenbush and Hoosick but denied there is an all-out house cleaning in Troy as evidenced by the party carrying petitions for former Troy Councilman Mike LoPorto and operative Tom Aldrich in Troy, Charles “CB” Smith in North Greenbush and Phil Malone in East Greenbush. All of whom have had their differences with Wade.

In other words, the war is on and it should be a good one. Wade has been through them before and is not without his support on the committee and Wiltshire and Zalewski are two proven vote getters and popular in the city.  

Given the discord within the Democrats, though, its most powerful weapon remains the complete lack of a Republican Party in the City of Troy.

You go after the shooter

COLEMAN

I think attorney Cheryl Coleman summed up voter fraud nicely when on Talk 1300 Sunday she compared it to a hypothetical murder case: “Why would you make a deal with the shooter to get the cab driver who waited outside the bank.”

Given that’s how the whole thing went down – evidenced by the fact former City Clerk Bill McInerney got on the stand and admitted to forging scores of Working Families Party absentee ballot and absentee ballot applications for the 2009 primary – I can see why former Councilman John Brown is upset by the fact he is the only one implicated in the scheme going to jail.

Late last year, Brown appealed his six-month sentence imposed by Judge George Pulver claiming it was harsh and excessive. Thing is, he waived his right to appeal when he pleaded guilty to possessing one forged ballot as part of the deal. Recently the prosecutor in the case, Trey Smith, replied to the appeal and the Appellate Division will rule one way or another.

As a kicker, as nothing is simple when talking about voter fraud, Brown also perjured himself in front of the Grand Jury so six months in jail to satisfy two felonies – plus who knows how many others he could have been charged with – so six months isn’t really harsh or excessive and he agreed to it. I’d be shocked if the court intervened in this one.

Of course, after seeing how everything else unfolded, with everyone who contested the charges getting off and the other three who pleaded guilty not looking at jail time, Brown is having second thoughts. Who can blame him for not wanting to go to jail while others are not?

McInerney admitted to doing far worse things than Brown but as Coleman said, McInerney was the first in line to cut a deal with Smith and Smith needed someone to spill the beans on Board of Elections Commissioner Ed McDonough and her client former Councilman Michael LoPorto.

But McInerney, who as part of his deal had to spend some time working on the Sheriff’s work order program picking up garbage or what not, was hardly the star witness Smith needed to convict McDonough or LoPorto. He admitted to committing the forgeries, but didn’t point the finger at anyone but himself, and he didn’t do that until he was granted a level of immunity that far outweighed the crimes he admitted to committing.

There are all sorts of conspiracy theories kicking around and one includes that Smith engaged in “selective prosecution” by going after McDonough, who is represented by attorney Brian Premo, and LoPorto instead of McInerney and those higher up in the Democratic Party who may or may not told him what to do in order to steal the WFP line for their candidates. It may or may not be true, but believing Smith was in the tank through all that voter fraud encompassed throughout the five-year ordeal is a tough concept to grasp and an even harder to prove. 

That’s the bottom line. I don’t see a grand conspiracy. I see a bunch of guys who desperately wanted to win the election – including Brown who was angling for Council president – wanted the WFP line that was routinely stolen by the GOP, had no idea how to go about it and the one who headed up their campaigns in the hopes of keeping his job or getting a better one – McInerney - ended up forging about everything in sight.

And then there was the less than stellar effort to prosecute them and in the end, McInerney was the proverbial shooter in Coleman’s analogy … and everyone else was driving the cab.

 

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."  

 

 

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.

 

 

 

 

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.

 

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.

The FBI visits the TPD (UPDATED)

TEDESCO

An FBI agent was at the Troy Police Department to interview Chief John Tedesco at 9 a.m. this morning, according to multiple sources.

What transpired is unclear, but Tedesco did publically call on the FBI to investigate allegations of impropriety in his decision to release a letter to Frank Fogarty confirming the Cohoes resident’s allegations that Officer Kyle Jones used excessive force during a Dec. 23, 2012 arrest.

(Since posting this, multiple sources have told me Internal Affairs records were seized by the FBI.)

Tedesco hired attorney Brian Premo to represent him in any potential litigation against the city since he was stripped of nearly all his duties with the February appointment of Commissioner Anthony Magnetto. Premo was not present at Tedesco’s meeting with the FBI and would not comment on the specifics of any FBI activity.

“He (Tedesco) previously called for an investigation by an outside agency into the Police Department and Internal Affairs and it’s good news for the City of Troy,” Premo said. “Perhaps now the mayor will realize this is a serious public safety matter and more than a ‘distraction.’”

MAGNETTO

Internal Affairs, headed up by Capt. Terry Buchanan, did conclude Jones used excessive force when arresting Fogarty for fighting on Broadway in Troy. As per protocol, according to Tedesco, he released the findings to Fogarty. Seven months later, the Police Benevolent Association filed an IA complaint against the chief for releasing the letter. The chief, and the letter, say the investigation was concluded while the PBA maintains Jones did not exhaust all of his appeal options.

As far as anyone knows, there has been no disciplinary action taken against Jones. Though, Tedesco said he told others in the department that the case should be handed to the District Attorney’s Office to pursue possible criminal charges.

If it were you or me we would likely be charged with assault. A police officer is really no different if they use excessive force. Actually, I would say the standard is higher since the complaint says the beating occurred after the arrest which means Fogarty was likely in handcuffs.

Also, according to the Times Union, Tedesco did meet with Buchanan and Deputy Chief Richard “Buddy” McAvoy on Monday. There is no indication of what transpired behind closed doors. I find it odd that two with less seniority can investigate one with more, but then again this is Troy.

Also, according to the TU, the FBI agent met with Buchanan and Capt. John Cooney as well as Tedesco. I may have gotten that information too, but The Record kept my Rolodex.

Meanwhile, Tedesco, through an eight-page letter by Premo (pictured left), called on the Troy City Council to hold a hearing on the matter. In the letter, Premo outlines his belief that the Police Benevolent Association, Mayor Lou Rosamilia and Commissioner Tony Magnetto, among others, basically conspired to get Tedesco to quit his job.

Premo’s letter really says basically what I’ve been saying since Tedesco was appointed by then Mayor Harry Tutunjian over Magnetto and now Deputy Chief Buddy McAvoy – that the PBA didn’t want Tedesco from the get go beca 
 
 
use it knew it would shake up the department, used its considerable political influence to get those who can do something about to do something about it and ultimately want control of the department back.

My guess is, though, when a lawyer wields the pen, with the ink comes the power to bring a lawsuit and that carries a bit more weight than a hack columnist.

As of now, the Council has not responded to Tedesco’s request and Rosamilia has called the chief’s actions a “distraction.”

 

 

It's all about control of the TPD

One thing we have to remember about the Police Benevolent Association’s decision to file a complaint against Chief John Tedesco for releasing the findings of an Internal Affairs investigation is that it has nothing to do with the fact he sent the letter to the complainant - it has to do with control of the TPD.

It’s all about control of the Police Department when, or if, Commissioner Anthony Magnetto retires early next year. I think a couple commenters on this blog summed up the open questions nicely.

TEDESCO

MAGNETTO

One question is why the PBA waited seven months from when Tedesco issued the letter to Frank Fogarty telling him that Officer Kyle Jones did indeed used excessive force during a Dec. 23, 2012 arrest. Tedesco issued the letter to Fogarty in April and the PBA didn’t file a complaint about it with IA until this month.

As a commenter said:  “Someone (i.e. the PBA) is playing a trump card.”

First, as I mentioned, can you imagine if the report wasn’t released? If a black guy filed a complaint about getting beat up by white cops and the report was buried. Also, the city gave Brian Houle a letter telling him that Jones did not use excessive force when Houle was arrested in June, 2012 and nobody made a stink about that one. As far as I can tell, it is standard operating procedure to release an IA finding to the complainant.

I don’t think it’s a coincidence that the PBA started making accusations against the chief shortly after Magnetto started telling people he may retire early next year. And that means the PBA, which is a driving force behind getting Magnetto appointed, has to start dirtying up the chief again so Mayor Lou Rosamilia feels obliged to appoint another commissioner.

If you remember the PBA, behind President Bob Fitzgerald (pictured right), started dirtying up the chief the day he was appointed with the absurd allegation that he got the job in return for covering up a drug investigation into the administration of then Mayor Harry Tutunjian.

I don’t think I have to repeat the fact the PBA doesn’t like Tedesco because he is a staunch disciplinarian and initiated all sorts of changes in an effort to make the department run more efficiently. The PBA knew it was coming, didn’t take kindly it when it did as it would just as soon see the status quo and by that I mean overtime.

In addition, Tedesco is threatening to sue the city claiming his constitutional rights were violated by the city imposed gag order and for curtailing of his power and duties. I think everyone hoped Tedesco would just throw up his hands and retire, but obviously that’s not happening anytime soon.

All that may be true, but Rosamilia (pictured left) is well within his right to appoint a police commissioner – yes there is some ambiguity about whether it should be a police commissioner or public safety commissioner but the basic premise is the same. The mayor wants his policies initiated and winning an election gives him that right but the question remains: Who is driving the bus, the mayor or the PBA.

Tedesco’s attorney, Brian Premo (pictured right), has mastered the art of getting at the underlying dirt - God knows, he had enough practice during voter fraud and his representation of others like Rensselaer Chief Rick Fusco - and he is asking a bunch of questions the PBA, the administration and the Council would just not soon answer. Also, he and Tedesco are asking the FBI look into the PBA’s allegations and his decision to release the Fogarty letter. Given the animosity among command staffers, an outside agency taking a look is the only way we will get an unbiased determination on whether the chief acted appropriately or not. And even if the Feds don’t come in, the seed is planted.

The commenter also asks why the PBA is protecting Jones. I think it would do the same if it was Officer Smith – obviously that’s not an indictment of any Officer Smith but a way to say it could be anyone.

In the end, this is a high stakes poker game and the pot is who gets to control the day-to-day operation of the Police Department – The PBA or the chief.