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.

 

 

 

 

Sources: City interviews retired captain for commissioner position

RIEGERT

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

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

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

MAGNETTO

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

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

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

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

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

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

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