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SCHENECTADY
Forms keep cops in check
Papers document officers’ use of force in arrests
BY STEVEN COOK Gazette Reporter

    It was just before midnight on Christmas evening when officers responded to Cutler Street for a report of a man kicking a table across a room, hitting his girlfriend in the knee.
    When officers arrived, the man, identified as 31-yearold Rolando Hernaiz, struggled with officers, pulling away and dropping himself to the ground. When officers attempted to put him in the patrol car, he headbutted officer Helen Reedy.
    Officers finally gained control of the man through defensive tactics, including a “bar hammer” and a bent-wrist lock. One used a hand strike to his face. The man was finally put in handcuffs.
    Afterwards, officers observed abrasions on Hernaiz’ wrists and right elbow; Hernaiz reported pain in his finger and wrist. He was treated by paramedics at the police station. Reedy reported a headache and bruising to her temple.
    That account — with the names redacted — comes from department use of force forms filed hours later. The reviewing supervisor found the force used to be proper.
PROPER DOCUMENTATION
    The incident was one of nearly 50 in November and December where officers used physical force and one of nearly 500 in the 16 months since the forms were first required in July 2006.
    November and December forms were released to The Sunday Gazette under a Freedom of Information Law request. Names of suspects and officers were redacted, though in some cases, names could be restored from newspaper and court records.
    The forms show officers used a range of force, from “resistant handcuffing” to pointing a service weapon at a suspect.
    The forms offer officers 11 options on force, including defensive tactics, pepper spray, strikes, police dogs and a firearm pointed or fired.
    Schenectady Police Commissioner Wayne Bennett, who has changed and updated several policies in his nearly 12 months on the job, said that at this point, he is satisfied with the use of force policy. However, he said he reserves the right to modify it in the future.
    “I am satisfied that reporting requirements are being met and officers are complying with the order,” Bennett said. “At some point, I would at least want to take a look at further breaking it down.”
    Raw force numbers, he said, may be skewed by simple “resistant handcuffing” reports. In 12 of the 43 cases reviewed by The Gazette, the only force listed was resistant handcuffing.
POLICING THE POLICE
    The existence — or nonexistence — of the forms has been an issue in the department for years and no less so since five officers were placed on paid leave in December following allegations of excessive force.
    The officers remain on leave while an investigation continues into the Dec. 7 arrest of Pattersonville resident Donald Randolph.
    Randolph’s family alleged that a half-dozen officers beat him while arresting him, and he has since fi led a notice of claim against the city, reserving the right to sue. A police internal affairs investigation concluded that Randolph’s complaint had merit, referring it for possible criminal prosecution.
    It was unclear if use of force forms were filed in Randolph’s arrest. Forms submitted in two cases were not included in the FOIL request because they were part of unnamed internal affairs cases.
    The use of force issue has come up before, most notably in the federal investigation into the department in the early part of this decade.
    The U.S. Justice Department has had an ongoing investigation into the police department since 2002, looking into, among other things, whether officers used excessive force in the five years prior.
    In a March 2003 letter — now five years old itself — the Justice Department recommended revamping a vague policy on the use of force.
    The policy also followed a highprofile lawsuit by the New York Civil Liberties Union on the subject. An NYCLU Freedom of Information Law request was stymied, as no use of force form existed. Instead, the information had to be gleaned from vast numbers of incident reports.
    Melanie Trimble, executive director of the group’s Capital Region chapter, said she was glad to hear the forms are being filled out. The forms, she said, appeared to follow the outcome of the group’s lawsuit.
    “That’s great,” Trimble said when told of the forms and the numbers. “It looks like they’ve been using them since 2006, when they told me they would.”
NECESSARY PAPERWORK
    The current policy requires documentation of every use of “physical force” or each time a firearm is pointed at a suspect.
    That means any time officers have an interaction with a suspect, including resistant handcuffing, the document must be filled out before the end of the shift. Touching or handcuffing without resistance from the suspect does not require reporting.
    Trimble said the Capital Region NYCLU intends to follow up on use of force reporting at some point, once other cases are finished. The group, however, has followed up with the Justice Department, asking it to return to ensure that necessary improvements were made.
    A Department of Justice official declined to comment in a statement, only saying that the police department is working with them.
    “If there are any remaining issues, we are confident that we can work amicably to resolve them,” the statement reads.
    An important use of the form, Trimble said, can be statistical analysis, comparing one department to another or one officer to another. Repeated use of force by one officer or complaints against the officer can indicate problems, she said.
    Assistant Police Chief Mark Chaires does keep an eye on how many instances of force are attributed to individual officers, though he said there is no magic number that would cause concern. A lot can depend on the officer’s regular assignment, he said.
    “I read these every day,” said Chaires, the head of the Administrative Services Bureau. “We all get copies of them. There are four sets of eyes looking at them.”
    The department policy requires that copies be given to Chaires, the bureau commander, platoon commander and supervisor.
    “I feel very, very happy with the compliance,” Chaires said. “It’s a rarity that somebody will not comply, and even then, it’s an oversight.”
    Supervisors also take a second look at the forms if there is a complaint from the public, Chaires said.
BOARD’S WATCHFUL EYE
    Force is often the topic for the Civilian Police Review Board. Schenectady board chairman A.C. “Budd“ Mazurek said he has talked with the city about assigning numbers to officers to get around provisions preventing identification of officers under investigation. But he said he was told that was an issue to be taken up with the union.
    “Even if he’s found not guilty, the idea that there have been a number of complaints against him may warrant the fellow needing sensitivity training or some other type of training,” Mazurek said. “A lot of times guys are in the right. They follow procedure and policy to the letter, but the way it’s delivered to the civilian becomes offensive.”
    Union president Robert Hamilton did not return calls for comment.
    Mazurek said he is satisfied with the synopsis the board receives from the internal affairs investigators, rather than the original documents.
    Some of the complaints that ultimately make it to the review board start with the local chapter of the NAACP. Fred Clark, organization vice president, has stayed in contact with the Department of Justice, passing on updates. The federal investigation has been delayed as other issues have taken precedence, Clark said.
    In such situations, Clark said, the department should document what happens before and after the use of force. Photos should also be taken.
    When read the narratives filed in two December cases, Clark said he was satisfied. Also, most of the forms indicate photos were taken. “As long as they do that on all of them ...” Clark said.
    Apart from the use of force itself, the forms also provide another account of an incident for defense attorneys.
    Steve Kouray, the conflict defender, said he discovered the documents during a trial last year when an officer mentioned them.
    He called the forms a good idea, protecting the city. But he said he was able to use the form to fi nd inconsistencies in the officer testimony at that trial.
    Chaires said he sees the forms as another check, to make sure officers don’t go too far.
    “It’s only human nature for your temper to increase, and you might become excited,” Chaires said. “But knowing you might have to explain yourself down the road ... this could keep you from making a mistake and getting carried away.”     

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SCHENECTADY
Papers give details on how officers used force in course of duty

    The Schenectady Police Department implemented its current use of force policy on July 1, 2006, outlining when force can be applied and how it should be reported.
    In the 18 months after the policy began, just less than 500 cases have prompted reports — averaging about 27.5 cases each month.
    Reports must be generated any time an officer uses “physical force” or points a firearm at a person. “Physical force” is defined as “physical contact or action exerted against a subject, beyond unresisted handcuffing, utilized for any legitimate law enforcement objective.” Officers must complete the reports before the end of the shift.
    The supervisor reviews the report and notes whether the force used was proper. Improper findings prompt further review and a possible internal investigation.
    Officers are required to exhaust every reasonable means to bring a situation under control before using force. If force is required, only the amount reasonably necessary to overcome resistance is allowed. Each officer, the policy notes, is also entrusted with “well-reasoned discretion” in determining the appropriate use of force.
    Each officer present at an incident is required to ensure that the policy is followed, even if the officer is not directly involved in the use of force. Officers are required to intervene if use of force by another member becomes excessive.
    The Sunday Gazette received copies of most of the reports generated in November and December 2007. Two “internal affairs” cases were withheld, as were two cases that have since been sealed by the court.
    Names of subjects and officers were redacted by the city. In some cases, other public records could be used to restore the names.
    Several examples follow:
    Dec. 19, 7:46 p.m., pepper spray, defensive tactics and resistant handcuffi ng used.
    Officers responded to Paige Street for a report of an unnamed emotionally disturbed person with a history of psychological problems. The woman had attempted to jump out of a second-floor window.
    When officers attempted to interview her, she ran into a doorway and slammed the door on the officer. Officers forced the door open and the woman responded with a fighting stance. Officers used pepper spray on her and handcuffed her.
    Three officers filed reports; each reported resistant handcuffing, and one reported he used the pepper spray and used a defensive tactic called an “arm bar.”
    Officers observed the woman with skin irritation to the face. She reported eyes burning. The woman underwent decontamination and was admitted for mental health evaluation.
    The reviewing supervisor found the force used to be proper.
    Nov. 14, 12:18 a.m., strikes given, resistant handcuffing used.
    Officers stopped a car near 1019 Delamont Ave. and saw the occupants pass something that appeared to be cocaine. When the driver, identified as 22-year-old Armando Henry, was removed from the vehicle, he shoved the officer and fled, according to court papers and the use of force report.
    Det. Steven Sheldon caught up with Henry a block away and attempted to make the arrest, but a struggle ensued. Sgt. Todd Stickney injured his right knee and hand.
    Four officers filed reports; each reported restistant handcuffing and strikes. One used a fist to the back, another used a fist and knee to the torso, another a fist to the shoulders and Stickney used a fi st to the upper body.
    Officers observed Henry having abrasions and bruising to his face with minor bleeding from the mouth. Henry reported difficulty breathing. He was treated by paramedics at the police station.
    The reviewing supervisor found the force used to be proper.
    Nov. 9, 7:58 p.m., pistols pointed.
    Officers on patrol spotted 19-year-old Anthony M. Redding in front of 1113 Mc-Clyman St. exiting a vehicle reported stolen. When officers told him to stop, he fl ed, according to court papers and the use of force forms.
    Once inside the building, Redding locked himself in the attic. Officers, however, were able to talk to him through the door, and Redding came out without further incident.
    Three officers filed reports, each saying they pointed firearms. Redding used no force and had no injuries.
    The reviewing supervisor found the force used to be proper.
    Nov. 5, 5:26 a.m. pistols pointed, strikes given.
    Officers responded to 29 McClellan St. for a domestic incident, with the man having a gun. Officers made contact and ordered the man, identified as 32-year-old Kenneth Loika, out of the apartment at gunpoint. When he was told he was under arrest, he struggled, throwing his hands and elbows.
    Four officers filed reports; each said they pointed firearms, one returning a fist to the face during the struggle. Officers observed the suspect with abrasions and bruising to his left eye.
    The reviewing supervisor found the force used to be proper.

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The latest survey shows that
> three out of four people make
> up 75% of the population

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Shots fired at house in Schenectady's Mont Pleasant

By PAUL NELSON, Staff writer
Last updated: 6:22 p.m., Sunday, March 30, 2008

SCHENECTADY -- Investigators were this afternoon questioning three men in connection with a drive by shooting in the city's Mont Pleasant section. No one was reported injured.
     
City police spokesman Lt. Brian Kilcullen said the threesome being questioned were stopped on Grant Avenue minutes after city officers responded to a report of shots fired into 901 Congress St. about 4:15 p.m.
The shooting was witnessed by Assistant Schenectady County District Attorney Michele Schettino, and Schenectady City Councilman Gary McCarthy, who also works as an investigator in District Attorney Robert Carney's office.
The two were on the job in the area looking for a witness in another case, said Kilcullen.
The investigation is continuing.

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Effort underway to get guns off Schenectady County streets
By PAUL NELSON, Staff writer
Last updated: 9:19 p.m., Sunday, March 30, 2008

SCHENECTADY -- Rev. James D. McCathan of Duryee Memorial African Methodist Episcopal Zion Church says he's heard the crackle of gunfire in the driveway and on a nearby street corner.
     
``They shoot all over the place; on Main Street and on State Street,'' he said Sunday as he discussed the latest joint effort by local ministers and police to get guns off county streets.
McCathan said the gun amnesty program idea grew out of meetings of ministers from different faiths who are tired of the gun violence and street crimes that have addled some parts of the Electric City.
Some of those religious leaders will congregate Monday at Duryee on Hulett Street with Schenectady County District Attorney Robert Carney and Schenectady Public Safety Commissioner Wayne Bennett to roll out the first phase of the months long initiative.
Gun owners will be given two months to turn in the illegal weapons at several drop off locations, said McCathan. He said the other two phases of the program, which he declined to elaborate, will be unveiled in June and September.
Schenectady City Councilman Joseph Allen said the county wide program is modeled after one in Rochester spearheaded by churches there that yielded some success.
`"We're not looking to arrest people, but we want to limit the number of weapons in the city and county,'' Allen said, adding the clergy have realistic expectations about how many weapons will be turned into to authorities.
McCathan said the more illegal guns they receive, the safer the community will be.
``We feel if we can get the guns off the street, then we have one less to worry about,'' he said.

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Standoff follows morning shooting in Schenectady
March 31, 2008
By Steven Cook (Contact)
Gazette Reporter


Photographer: Peter Barber
Two suspects in a Monday morning shooting, the one at right suffering from the effects of tear gas, are placed into patrol cars after a three-hour standoff at 225 Frank St. on Monday,
SCHENECTADY — Two people were taken into custody after a standoff at the Southgate Apartments today that followed a morning shooting on Frank Street.
City police said the two people ran into an apartment in the complex after six shots were reportedly fired nearby about 9:15 a.m. No one was injured in the shooting, police spokesman Lt. Brian Kulcullen said.
Kilcullen said the two men were taken to police headquarters for questioning about the shooting, but did not say if they had been charged with any crimes.
Police evacuated neighboring apartments and got three individuals out of the targeted apartment using a loudspeaker. The two people police were seeking refused to come out, however.

Police spoke to the people who exited the apartment voluntarily, but Kilcullen was unsure if they were involved in the shooting. Police believe the apartment was known to the suspects and was not a random choice.
Police surrounded the building, and ambulances were called to the scene. Several elderly residents live in the building, and some were being watched over by paramedics.
The incident came less than an hour before law enforcement and local clergy announced a gun amnesty program aimed at getting weapons off the street.

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The incident came less than an hour before law enforcement and local clergy announced a gun amnesty program aimed at getting weapons off the street.

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Cops, clergy battle illegal guns
Amnesty program aims to prevent violence
BY STEVEN COOK Gazette Reporter

When Schenectady police investigated a 2004 killing, they soon learned that two 15-year-olds were responsible.
They also learned that a woman who cared for one of them knew a gun was in the house, but didn’t think the boy would use it.
On Monday, local law enforcement and clergy spoke about a program they hope will eliminate guns just like that one.
   Beginning today, residents will be able to turn in illegal weapons and they won’t face charges for possessing the weapons. Residents can contact police or their clergy to arrange to turn in a firearm.
   “This program is aimed directly at that woman,” District Attorney Robert Carney said, after relating the story of the 15-year-olds. “We want to tell her, reach out to your clergyman, deal with somebody who you turn to for your spiritual life. They will arrange to get those guns out of your house and nobody will be hurt.”
   Police and district attorney’s officials announced the program with members of local clergy, saying the idea came from the clergy themselves.
   The gun problem the city faces was illustrated on Monday morning after a call of shots fired on Frank Street led to a brief standoff that went on simultaneously with the news conference. It was at least the third report of shots fired in the previous 24 hours.
   Officials said they weren’t sure how many weapons they might recover, but they hope for as many as possible.
   They hope family members who may not trust police will contact their pastor to rid their homes and the streets of the weapons.
   “If we only get one gun off the street, that may save the life of a kid somewhere,” the Rev. David Heise, of the Albany Street United Methodist Church, said, “and not only that, but the kid that pulled the trigger.”
   Officials are looking for illegal weapons, including pistols, revolvers, sawed-off shotguns or rifl es.
   Amnesty will be granted for possessing the weapons, but no immunity will be given for other crimes that might have been com- mitted with the weapon. Police are asking for photo ID and help in documenting the weapon’s past. Officials, however, said they would work with the goal of getting the weapon out of circulation.
   Weapons can be surrendered by contacting the Schenectady Police Office of Field Intelligence at 788-6566, which is a dedicated line for the duration of the program. The dispatch center can also be contacted at 382-5263 or clergy members. Officials want contact to be made first — weapons should not be brought without first making arrangements.
   The program follows one about 10 years ago that resulted in 100 guns surrendered. That program included the promise of a gift certificate.
   The guns received will be tested to determine if they match any unsolved crimes. If results are negative, they will be destroyed.
   Monday’s announcement was made at the Duryee Memorial AME Zion Church, 307 Hulett St., whose pastor, the Rev. James D. McCathan, helped spark the program. It will be publicized through fliers and sermons.
   Public Safety Commissioner Wayne Bennett gave credit for the program to local clergy. He called it important to get the guns off the street by whatever means available.
   “We’re pleading with people on a personal basis of what’s right and what’s wrong, what’s good for you and what isn’t good for you,” he said.

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False reports
Rampant reports insisting Schenectady Police Commissioner Wayne Bennett is leaving for another job apparently are false.
Gary McCarthy, chairman of the City Council Public Safety Committee, said because he had heard repeated departure reports, he decided to speak with Bennett.
"The commissioner told me he has no plans to go anywhere," McCarthy said. Reports had Bennett taking a $170,000 position with the federal Office of Homeland Security.
McCarthy and others in the loop were concerned about losing Bennett, who they believe is a capable leader. The No. 2 job in the department has been vacant since Police Chief Mike Geraci took a federal job last fall.

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Schenectady shootings on the rise in 2008
Wednesday, April 2, 2008
By Steven Cook (Contact)
Gazette Reporter

SCHENECTADY — The number of shootings in Schenectady during the first quarter of 2008 have increased over the same period last year, police spokesman Lt. Brian Kilcullen said this afternoon.
He made the comments after March closed out with three shootings in two days, none causing serious injury.
“What we’ve found is that in incidents like those we had on Sunday and Monday, the individuals involved are not randomly targeted.”
The latest shootings came as police and local clergy announced a two-month gun amnesty program, aimed at getting more guns off the street. In exchange for turning them in, authorities would not charge individuals with possessing the weapons.
The program officially began Tuesday and is to run until May 31.
Officials, however, have had only one person come forward, a North Side woman who turned in seven weapons, Kilcullen said. The woman’s husband legally possessed the four handguns and three rifles, but he recently died.
“This is exactly the kind of thing we’re targeting,” Kilcullen said. “If the home had been burglarized and the guns weren’t secure, we would have seven more guns on the street.”
Kilcullen said police are using crime-mapping strategies to pinpoint locations of the shooting and beef up patrols in those areas. However, he said the shootings happened in different parts of the city.
Sunday’s shootings happened on Congress Street and Bridge Street, while Monday’s took place on Frank Street.
No one was seriously hurt in the three recent shootings, but bystanders have been hit in the past, most notably in August, when two women suffered minor injuries while walking near Hulett Street.
Police haven’t made connections between recent incidents, Kilcullen said, but such shootings are often retaliation for prior slights.

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SCHENECTADY
City shooting incidents increase
Gun amnesty program has one taker so far
BY STEVEN COOK Gazette Reporter

Last year at this time, the city was just emerging from a string of home-invasion shootings that left two dead and several injured.
This year, the city has seen a string of street shootings that have been less deadly.
In fact, Schenectady Police Department spokesman Lt. Brian Kilcullen said the first quarter of 2008 has seen more shooting activity than the same quarter last year.
    Police have been working to target trouble spots for enhanced enforcement, but the incidents have come in a wide area, Kilcullen said.
    “What we’ve found is that in incidents like those we had on Sunday and Monday, the individuals involved are not randomly targeted,” Kilcullen said.
    The most recent gunfire happened Monday morning, and fi ve people were arrested after a threehour standoff with police. The suspects ran into an apartment after reports of shots fired and finally surrendered, the last two after tear gas was used. No one was hurt.
    There were two incidents Sunday. Two people were wounded at 10 p.m. near Bridge Street and Francis Avenue. Three others were arrested after a 4 p.m. shooting into a Congress Street house. No one was hurt in that incident.
    Before that, one man was wounded March 24 and two cars damaged in a shooting reported at Albany Street and Brandywine Avenue. On March 6, another man was shot in the leg near 20 Catherine St.
    On Feb. 28, Robert J. Daniels, 34, of Guilderland Avenue, was shot once in the arm as he drove near the intersection of Morris and Eastern. The shooting sparked an intensive manhunt that went into Niskayuna. No arrests were made.
    In all the recent cases, police have reported no cooperation from the victims or suspects, regarding identities or motives.
    Police haven’t made connections among recent incidents, Kilcullen said, but such shootings are often retaliation for prior slights.
AMNESTY EFFORT
    The latest shootings came as police and local clergy announced a two-month gun amnesty program, aimed at getting more guns off the street.
    In exchange for turning them in, authorities would not charge individuals with possessing the weapons.
    The program officially began Tuesday and is to run until May 31.
    Officials, however, have had only one person come forward, a city woman who turned in seven weapons, Kilcullen said.
    The woman’s husband legally possessed the guns, four handguns and three rifles, but he recently died.
    “This is exactly the kind of thing we’re targeting,” Kilcullen said. “If the home had been burglarized and the guns weren’t secure, we would have seven more guns on the street.”
    Under the amnesty program, immunity will be granted for possessing the weapons, but not for other crimes that might have been committed with the weapon. Police are asking for photo ID and help in documenting the weapon’s past. Officials, however, said they would work with the goal of getting the weapon out of circulation.
    Weapons can be surrendered by contacting the Schenectady Police Office of Field Intelligence at 788-6566, which is a dedicated line for the duration of the program. The dispatch center can also be contacted at 382-5263 or clergy members can be called. Officials want contact to be made first — weapons should not be brought without fi rst making arrangements.

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SCHENECTADY
City, police union in arbitration
Both sides view process this week as waste of time
BY KATHLEEN MOORE Gazette Reporter
Reach Gazette reporter Kathleen Moore at 395-3120 or moore@dailygazette.com

    The big fight over the city police contract has begun. Both sides are making their arguments to a panel of arbitrators this week.
    Arbitration began behind closed doors in Albany on Tuesday and continued all day Wednesday.
    On Tuesday and Wednesday morning, the Schenectady Police Benevolent Association made its pitch. Later, the city began its arguments. Two more partial days have been scheduled to finish the testimony.
    City officials want contractual restrictions on compensatory time, union time and a variety of other issues, while union President Robert Hamilton says the city keeps changing its priorities and proposals, making it impossible to come up with compromises. But neither side was optimistic about making much progress through arbitration.
    The arbitrators most likely will rule only on salary issues, leaving the city and the police union to start again on the rest of the contract.
    Whatever decisions are made will probably come from just one arbitrator, even though the panel consists of three members.
    That’s because the city and the union each get to appoint one member. The city’s arbitrator is Corporation Counsel L. John Van Norden, while the union sent its attorney, Michael Ravalli. A third arbitrator was chosen when city and union officials crossed every other name off a list provided by the state Public Employment Relations Board.
    Since the city and union attorneys generally do not agree with each other, the third arbitrator usually breaks the tie.
    The panel’s final determination cannot be rejected by either side. However, the new contract can only stay in effect for two years.
    The city’s labor attorney, Michael Smith, is arguing the city’s case and spent much of Tuesday using a powerpoint presentation to support the city’s proposed reforms.
    In public comments, Mayor Brian U. Stratton has cited a grand jury analysis of the department as proof of many needed changes, particularly a move to merit promotions, rather than allowing offi - cers to move to better assignments through seniority. Some promotions — sergeant to lieutenant, for example — are already regulated by civil service examinations, but Stratton said all promotions need to be based on ability, not longevity.
    Stratton has also cited an internal analysis of compensatory time, which found it would be cheaper to pay officers overtime than to let them continue to take time off in exchange for time worked.
    Eliminating the comp time option would also increase the number of officers available to work on each shift.
    To improve manpower, Stratton has also pushed for 12-hour shifts.
    In finance matters, he has offered to increase the starting pay — which is the second-lowest in the county — and wants officers to pay a portion of their health insurance. Every other city union has agreed to pay for part of their insurance.
    Ravalli’s partner will present the union’s case, which has not been made public.
    The only thing both sides seem to agree on is that arbitration won’t resolve anything.
    After the Police Benevolent Association filed for arbitration, union President Robert Hamilton told the Schenectady City Council that he didn’t want to go through with it.
    “It’s not the avenue. It just puts us back six months,” he said, adding that he believed city officials were pushing the union into arbitration.
    Likewise, Stratton said the arbitration would just delay matters.
    “We have so many fundamental reforms that are needed, we’re going to go right back to the bargaining table to achieve them,” he said when arbitration was announced.
    In the last negotiation, in 2000, the city spent a year trying to get certain concessions. The PBA didn’t budge, so the issue went to binding arbitration. The arbitrator rejected all of the city’s requests. City negotiators immediately went back to the table with the PBA. It took until March 2003 to get an agreement. That contract expired on Dec. 31, 2005.

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A Schenectady man is recovering tonight after a vicious attack early this morning.

51-year-old James Hunt and 42-year-old Rich Olley apparently got into an argument at an apartment on University Place.  

The argument then got out of hand, and that's when police say Olley attacked Hunt.

Hunt was taken by helicopter to Albany Medical Center with broken bones in his back, face and clavicle. His ear was also severed.

Olley is in police custody and faces a number of charges.