I was never a fan of arbitration. They usually favor the side of the police dept. I understand that there is a contract in place that needs to be followed. Arbitration is not needed for that. And in this instance, this has left Mr. Bennett non-effective. It is appearing that the police force can do anything they want and get away with it which in turn, lowers the confidence level of the residence. And then the residence will continue to not cooperate with law enforcement. They need to reach an agreement fair to all involved.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
By PAUL NELSON, Staff writer Tuesday, March 18, 2008
SCHENECTADY - Michael Geraci may be long gone as the city police chief, but he will receive a payout of close to $60,000 for his nearly five-year tenure, according to payroll records and city officials.
The city will cut a check for $57,090.28 to the lawman that will be available Thursday, according to the Finance Department. Most of that money is for unused vacation and sick time as well as compensatory time the former chief accumulated before resigning in November to take a higher paying job with a federal agency in Washington, D.C. There was mixed reaction from some City Council members to news to Geraci's payout. "He did a good job; it's a large payout, but it's unfortunate we have to pay these amounts," said Councilman Gary McCarthy, chairman of the council's Public Safety Committee. His colleague, Joseph Allen, said the amount is "in line with what normally happens."
Losing control over police Schenectady opposes state bill changing the process for disciplining officers
By LAUREN STANFORTH, Staff writer First published: Wednesday, March 19, 2008
SCHENECTADY -- Mayor Brian U. Stratton and Public Safety Commissioner Wayne Bennett are again fighting a state bill that would permanently remove the commissioner's ability to directly discipline police officers. The bill, which passed the state Senate last month and is now before the Assembly, would make it mandatory for officer discipline to be negotiated with police unions. It would also require that arbitrators handle all disciplinary hearings when government officials and police unions cannot resolve cases on their own.
Bennett said last year he would oversee hearings following a 2006 Court of Appeals ruling that said disciplinary procedures don't have to be negotiated in municipalities where other pre-existing laws apply. That ruling involved cases from New York City and the Town of Orangetown, Rockland County. The police charters of Schenectady and seven other small cities in New York allow local oversight of police discipline. But Albany and Troy, which are also on the list, follow their police union contracts, which allow independent arbitrators to mete out discipline, said Christian Mesley, president of the Albany Police Officers Union and Bob Fitzpatrick, president of the Troy Police Benevolent and Protective Association, The positions of the other cities on the list -- Yonkers, Binghamton, Utica, Syracuse and Niagara Falls -- were not immediately available Tuesday. Bennett said he believes his department has so many problems -- most recently allegations that officers went to gyms, restaurants and a bowling alley while on duty -- that the city needs a trained professional familiar with the department to ultimately dole out justice. Two members of the city vice squad, who are accused of going to the health clubs and restaurants, had been told twice by supervisors to stop the practice, according to a letter sent by Stratton to state legislators citing concerns about the police discipline bill. The officers have been charged with insubordination by the department, the letter said. The Schenectady Police Benevolent Association has protested Bennett's change of policy, filing an improper practice claim with the Public Employment Relations Board. Bennett is now trying to keep his oversight power in the face of the state bill, which has been vetoed in the past by governors George Pataki and Eliot Spitzer. The City Council Monday night said it would ask state Sen. Hugh Farley and state Assemblymen George Amedore and James Tedisco to appear before the council to discuss their positions on the bill. The three will appear on April 7, Schenectady Corporation Counsel L. John Van Norden said. The city is also considering hiring a lobbyist, which it did last year at a cost of around $8,000. Farley said Tuesday he would have been willing to consider Schenectady's position if it had communicated with him before the bill vote in February. Van Norden said the city wasn't aware the bill was up for a vote again. Farley said he believes arbitration is needed to ensure an officer is judged fairly. "I think (Bennett) will be the salvation of cleaning up the department," Farley said. But, "this is not just a bill for Schenectady. This is a bill for several upstate areas. I think arbitration has worked well." Tedisco and Amedore both said they are reviewing the bill and had not yet formed an opinion. Stanforth can be reached at 454-5697 or by e-mail at lstanforth@timesunion.com.
That is why they are still working off their old contract. The spd don't want to negotiate a new one. If they continue with the old contract....things will stay as they are. And they have it pretty good in some respects.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
His colleague, Joseph Allen, said the amount is "in line with what normally happens."
normally happens....what normally happens is we drink, we eat and then we go to the bathroom....THAT is normal.....a contract can only be normal if the threads/blood binding it are so primal that it is considered 'normal'......a contract is negotiable, going to the bathroom is not......
Quoted Text
Main Entry: 1nor·mal Pronunciation: \ˈnȯr-məl\ Function: adjective Etymology: Latin normalis, from norma Date: circa 1696 1: perpendicular; especially : perpendicular to a tangent at a point of tangency 2 a: according with, constituting, or not deviating from a norm, rule, or principle b: conforming to a type, standard, or regular pattern 3: occurring naturally 4 a: of, relating to, or characterized by average intelligence or development b: free from mental disorder : sane 5 aof a solution : having a concentration of one gram equivalent of solute per liter b: containing neither basic hydroxyl nor acid hydrogen c: not associated d: having a straight-chain structure 6of a subgroup : having the property that every coset produced by operating on the left by a given element is equal to the coset produced by operating on the right by the same element 7: relating to, involving, or being a normal curve or normal distribution 8of a matrix : having the property of commutativity under multiplication by the transpose of the matrix each of whose elements is a conjugate complex number with respect to the corresponding element of the given matrix
Quoted Text
Main Entry: 2normal Function: noun Date: circa 1738 1 a: a normal line b: the portion of a normal line to a plane curve between the curve and the x-axis 2: one that is normal 3: a form or state regarded as the norm : standard
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
By PAUL NELSON, Staff writer Wednesday, March 19, 2008
SCHENECTADY - A gunman in a black sports utility vehicle shot at a house in broad daylight today before someone bolted out of the residence and returned fire as the vehicle sped away, police and witnesses said.
There were no reported victims and police had not recovered any shell casings from around the house at 1130 Pleasant St., city police spokesman Lt. Brian Kilcullen said. Police for a short time used their cruisers to block off Pleasant Street between Seventh and Eighth avenues in the Mont Pleasant neighborhood. Officers took one person into custody for questioning but as of this afternoon had not charged him.
If its own reps won’t stand up for Schenectady, who will?
Now before the state Legislature is a matter of critical importance to Schenectady, a bill that could determine whether it will run its police department or continue to be run by it. This is a test for the city’s representatives: Sen. Hugh Farley, Assemblyman Jim Tedisco and Assemblyman George Amedore. Will they vote for the interests of the biggest municipality in their district or for the special interest, the police unions here and around the state that give them and their fellow lawmakers political support and campaign cash? Farley has already failed the test, quietly voting along with all his fellow senators last month to undo a 2006 Court of Appeals decision that gave municipalities like Schenectady, with a police commissioner written into their charter, the right to exercise discipline directly over their officers themselves without recourse to state-appointed arbitrators. Farley offered a number of lame excuses, including that he hadn’t heard directly from city officials this year (they didn’t even know the bill was being voted on), or last year after he voted the same way. Following last year’s vote, he said he didn’t think the bill was controversial and hadn’t really given it much thought. But since then, Mayor Brian Stratton and Public Safety Commissioner Wayne Bennett have made their feelings quite clear. At this point, Farley can’t plausibly maintain that he doesn’t know where the city stands on this issue. Farley also seemed out of touch EDITORIAL in explaining why he favors arbitration. It avoids lawsuits, he says. Never mind that binding arbitration probably has cost the city more — both from being unable to properly manage its officers, and from having to pay court judgments for their misdeeds in some cases — than a few lawsuits ever would. And lawsuits are far from inevitable, because any disciplinary action by the police commissioner would be appealable in the courts. Farley also argues that arbitrators don’t tend to favor the police in their rulings. But if he knew anything about Schenectady’s history with problem officers, he would know this is not the case. Indeed, at first he seemed to think that the city has been operating under a police commissioner discipline system all along (and it hasn’t worked, he told a reporter, thus the need for arbitration). He later insisted that he had only meant since the 2006 court decision. As for Tedisco, he said earlier this week that he was studying the bill, even though it is the same one he voted “yea” on the past two years. Amedore, a first-term Republican assemblyman, said the same thing. But considering that Tedisco is his mentor and his party’s leader in the Assembly, he could be expected to vote the same way as Tedisco. Yesterday they both came out against the bill, which is certainly welcome news. But Tedisco still couldn’t resist blasting Stratton and City Council President Mark Blanchfield for not negotiating this issue with the police union during contract negotiations. This doesn’t make a lot of sense, since the fact that police discipline has been treated as a contractual matter in the past, is the problem. And the Court of Appeals decision appears to say that Schenectady doesn’t have to treat it that way any longer (although the PBA is contesting Bennett’s assumption of authority and could ultimately prevail.) But it now looks like the Assembly isn’t going to be voting on the bill soon, anyway. The police unions have asked its sponsor, Assemblyman Peter Abbate, to hold off so they can see where new Gov. David Paterson stands and perhaps negotiate to avoid another veto. One would have to see how far the unions would be willing to go, but it’s doubtful they would submit to the kind of authority the law now gives police commissioners. That’s the kind of authority they need, and what Paterson should insist on.
SCHENECTADY Former chief of police gets $57K from city Payout made for unused time off BY KATHLEEN MOORE Gazette Reporter Reach Gazette reporter Kathleen Moore at 395-3120 or moore@dailygazette.com.
Working for two years straight without a vacation or a sick day has paid off for former police chief Michael N. Geraci Sr. Geraci will receive a $57,090 payout from the city today for his unused sick time, vacation time and personal time, as well as 240 hours of overtime, Finance Commissioner Ismat Alam said. He accrued the $57,090 in just five years as Schenectady’s chief by almost never taking a day off. He took just eight vacation days, three sick days and three personal days in five years, according to city payroll records. “That man lived here. God bless that man,” said Personnel and Benefits Administrator Kathy Finch. “I don’t think he took a day off the whole time he was here.” He was on duty every weekday in 2005 and 2006. But he didn’t start out as a workaholic. In 2003, his first year as chief, he took his full one-week vacation. But in 2004, Mayor Brian U. Stratton dismissed Public Safety Commissioner Daniel Boyle, leaving Geraci to lead the department on his own. Geraci left his post just twice, taking two personal days over the course of the year. He worked the next two years without a break, until Stratton appointed a new commissioner in 2007. Then Geraci took three vacation days. He could have taken five weeks off. He also took two half-days for personal time that year. He could have taken 3 days each year. And he came in whether he was sick or not. He took just three sick days in five years, despite being allowed to take up to 15 days a year. Finch said Geraci also provided records documenting 240 hours of overtime in 2007. “Even though chiefs technically don’t get paid for overtime, there’s a special provision from previous chiefs that in their last year they can get up to 30 days of [paid] overtime if they document it,” she said. “He claimed the whole 30 days.” Geraci resigned in October to take a top position with the National Highway Traffic Safety Administration. He made $106,000 as Schenectady chief and went to a position paying $130,000. Geraci’s payout isn’t unusual. His predecessor, Gregory T. Kaczmarek, received $98,822 in vacation, sick and other accrued time when he retired in 2002. The chief before Kaczmarek, Michael Moffett, received $10,267 for his overtime. City and Gazette records do not indicate whether he received money for unused vacation and sick time. Moffett was only chief for 19 months, from November 1994 to June 1996. Geraci’s history of vacation and sick time differs greatly from that of the officers he commanded. In a Gazette review of the police department’s 2006 payroll records, most officers took their entire vacation and all 3 personal days. The average officer also took 12 sick days.
CAPITOL Police arbitration bill placed on hold Union negotiates with Paterson team BY BOB CONNER Gazette Reporter Reach Gazette reporter Bob Conner at 462-2499 or bconner@dailygazette.net.
A controversial bill that Schenectady officials say would undermine their efforts to improve police discipline was put on hold in the Assembly this week, as police union leaders negotiated about it with the administration of Gov. David Paterson. Assemblyman Peter Abbate, D-Brooklyn, the sponsor, said the Association of Police Benevolent Associations and the Police Conference are trying to avoid a veto of the bill, A-9977, and seeing if modifications may make it acceptable to the governor. Previous versions of the legislation were passed with overwhelming majorities in both the Assembly and Senate, only to be vetoed by governors Eliot Spitzer and George Pataki. Dan Weiller, chief spokesman for Assembly Speaker Sheldon Silver, D-Manhattan, said the bill was laid aside. Jennifer Givner, a spokeswoman for Paterson, confirmed that the administration is discussing the issue with police union officials. The bill would force municipalities to negotiate and arbitrate issues of public employee discipline. In some municipalities, including Schenectady, officials have cited old local laws as giving them authority to discipline police officers, getting around the provisions of the state Taylor Law that call for negotiation and arbitration of differences. Abbate said the new state law is needed to protect police officers. "[Local] elected officials may come down on an officer even if it's not justified," he said. Schenectady Mayor Brian Stratton disagreed. He said arbitrators have in the past undermined police discipline in the city. Stratton cited an example that he said happened during the term of his predecessor, Al Jurczynski, when an arbitrator required the reinstatement of an officer who was fired for using a racial epithet. The assemblymen representing Schenectady County, Republicans James Tedisco and George Amedore, on Wednesday came out against the Abbate bill, even though Tedisco voted for it last year. Tedisco, the Assembly minority leader, issued a statement saying he changed his mind after listening to his constituents' concerns. "It is important that local government offi - cials have the ability to institute fair and effective discipline and ensure accountability among those responsible for ensuring public safety," the statement said. Tedisco also took a shot at Stratton, a Democrat, saying he should have sought to get the discipline authority through contract negotiations with the local PBA. Schenectady's current public safety commissioner, Wayne Bennett, who was hired by Stratton last year, pushed for the new city authority, citing a recent Court of Appeals opinion upholding preexisting local law over the Taylor Law. Stratton said he appreciates Tedisco's support on the issue, and dismissed his attack as political.
Whoever controls the guns controls the masses and whoever controls the guns controls the contracts......whoever controls the government controls the arbitrators and contracts......what a web we weave....
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
Teen attacked by group of youths near Schenectady school Thursday, March 20, 2008 By Michael Goot (Contact) Gazette Reporter
Photographer: Peter Barber A teenager injured in a confrontation in front of 125 Elm Street in Schenectady, is tended to by Schenectady firefighters and Mohawk Ambulance crews Thursday.
SCHENECTADY — A teenager was taken to the hospital Thursday afternoon after police say he was assaulted by a group of youths on Elm Street. City police spokesman Lt. Brian Kilcullen said the incident happened about 2:15 p.m. in the area of 125 Elm St, just down the street from Central Park Middle School. “About 10 individuals assaulted one 17-year-old male. He suffered a laceration over an eye and was sent to St. Clare’s [Hospital] for treatment,” he said. Kilcullen said the teen, who lives on Elm Street, also had other cuts but nothing serious. Police currently have no one in custody, but the investigation is continuing, Kilcullen said. Kilcullen said he believes some of the perpetrators were Central Park Middle School students. He did not have a motive for the assault. “It initially appears as though he was kind of randomly targeted,” he said. Schenectady City School District spokeswoman Karen Corona said school officials went down to check on the incident and they say it did not involve Central Park students.
Federal judge dismisses lawsuit against Schenectady cop Thursday, March 20, 2008 By Kathleen Moore (Contact) Gazette Reporter
ALBANY — A federal judge has thrown out a $1.5 million lawsuit accusing a city police officer of racial discrimination and malicious prosecution. Outar lawsuit To view the original federal complaint by Anthony Outar against Schenectady police Officer John Ericson, click here. Judge Gary Sharpe found no grounds to hear the case, which was filed in 2003 by city resident Anthony Outar. Sharpe dismissed the entire lawsuit this morning. Outar, of 24 Hawk St., claimed police officer John Ericson gave him a traffic ticket on June 4, 2003, because he was prejudiced against Guyanese immigrants. Outar had also claimed the city maliciously prosecuted him by requiring him to come to court to contest the ticket. The issue revolved around Outar’s mistaken belief that State Street has four lanes in the Hulett Street area. There is just one lane going in each direction, but the lanes are unusually wide and cars often pass each other illegally on that section of the road, Corporation Counsel L. John Van Norden said. Outar attempted to pass a Mohawk Ambulance in that wide area, using what he believed was a second lane on his side of the street. The ambulance then turned at an intersection and collided with Outar’s car. Ericson responded to the scene and gave Outar a ticket for illegally passing a vehicle on the right. “He went around the ambulance on the right and hit it,” Van Norden said. Outar claimed in his lawsuit that the ambulance did not signal before turning. He also said Ericson was unsympathetic when he arrived at the accident scene. At one point, Outar accused Ericson of being prejudiced against him because he is Guyanese and has black skin. The lawsuit said Ericson did not deny the accusation. Van Norden said Ericson wisely remained silent when Outar confronted him. “I’m glad Mr. Ericson did not respond to it,” he said. Outar said in his lawsuit that things got even worse when he pleaded not guilty to the ticket. The ticket was not immediately dismissed so he had to face a judge to plead his case. His lawsuit says, “The defendants maliciously and with intent to harm Mr. Outar, compelled him to appear in court against his will.” Outar had to seek psychological counseling afterward, at considerable expense, according to the lawsuit, which also said he “endured physical and mental pain” because of the discrimination. His ticket was dismissed in City Court, and Outar argued in his lawsuit that Ericson had no legal grounds to give him a ticket because state Vehicle and Traffic Law allows vehicles to pass on the right if the street has sufficient width for two or more lanes of traffic in each direction. Outar’s attorney, Louis P. Oliver Jr. of Albany, could not reached for comment.
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