Thursday, October 24, 2013

NYS Code of Ethics for Educators

The Code of Ethics for Educators might be pretty good... if it weren't for the fact that it had taken them about four years to create and approve it (from 1998 to July 2002) and for the disclaimer at the end indicating that the entire thing can essentially be disregarded - which, in practice, it is.
"This Code shall not be used as a basis for discipline by any employer and shall not be used by the State Education Department as a basis for a proceeding under Part 83 of Commissioner's Regulations, nor shall it serve as a basis for decisions pertaining to certification or employment in New York State. Conversely, this Code shall not be interpreted or used to diminish the authority of any public school employer to evaluate or discipline any employee under provisions of law, regulation, or collective bargaining agreement."

http://www.highered.nysed.gov/tcert/resteachers/codeofethics.html

Whether SUNY ever evaluates or disciplines employees is an open question. UAlbany Lecturer Michael W. Barberich, for example, is permitted to (among his many other misdeeds and crimes) present his teaching assistants' work as his own, to joke about hooking up one of his teaching assistants to electrodes and shocking her until she screams (the only TA who might not have been writing his lectures and lecture notes for him which he'd then present in class and online as his own work) after the department chair had claimed she'd warn him about not engaging in further acts of sexual harassment, to get tip-offs from administrators when he's reported, and to file a false police report about any person who dares to report him.

I'm surprised, in a way, that Michael W. Barberich hasn't been made chair of the department yet with such a record! However, he has for many years been the faculty contact for the National Communication Association's honor society's chapter at UAlbany. The NCA and the Association of College Honor Societies take no issue with his behavior, sadly, perhaps proving that it's not just the keg party variety of Greek letter societies that lack academic and ethical standards.

Michael W. Barberich twice sent me (probably automated) invitations to join the honor society, but I'd neglected to respond each time because I had trouble deciding in time whether to join given who it was sending the invitation - a reticence I shared with my department advisor. He didn't send me a third invitation after I'd reported his faculty ethics violations, academic dishonesty, sexual harassment, discrimination, and retaliation. He did give me an A in his course that I don't seem to have earned, however.

As to my grades within the course, I had to file a FOIL request for those because he didn't provide them, my department advisor wouldn't help me obtain them, nor would the Registrar help, nor would assistant Dean Brian E. Gabriel help, nor would Dean Sue Faerman help, etc. When I complained about having to make a FOIL request for my own grades and how long it would take to get grades well after the course had ended, the Records Access Officer Lisa Taylor cc'd the supposed Senior Counsel John Reilly (Consigliere, more like) when informing me she'd take her time in sending the grades. She didn't even fully comply with the FOIL request, and then UAlbany never cashed the check and never explained why they didn't cash it. If it would have been a crime for them to cash it, it would certainly have been a crime for them to have charged for the records in the first place and to have received the check, surely?

Ms. Taylor also failed to respond to other FOIL requests entirely - causing at least one to be inappropriately, if not outright illegally, brought to the attention Clarence L. McNeill. Clarence "Incompetent" McNeill promptly e-mailed a threat to me never to communicate with anyone at UAlbany other than himself: coercive prior restraint on freedom of speech, association, inquiry, etc. without due process. He then sent the threat Certified Mail via the United States Postal Service.

Ms. Taylor, as seems apt to happen to any unethical SUNY employee over time (see e.g. http://minervawept.blogspot.com/2012/10/galling-memorial-disservice.html and http://minervawept.blogspot.com/2013/06/you-get-award-and-you-get-award-and-you.html , had not so long ago received an award for "excellence" http://www.albany.edu/president/awards/2010/excellence_awards_bios.shtml - presumably for her lack of respect for laws and constitutional rights and her willingness to violate them and to help others at UAlbany do the same? UAlbany's definition of excellence seemingly involves obstruction of justice and criminal facilitation?

Wednesday, October 23, 2013

Mad World

UAlbany Chief Information Officer Christine Haile: "Amazing that you were here at UAlbany recently. Feel free to drop by if you’re ever on campus."

UAlbany Director of Telecommunications (retired 2012) Tom Neiss: "Chris I wish I had known you were at UAlbany, I could have given you a job."

The State University of New York Computing Officers Association created a John Philippo Lifetime Achievement award in Dad’s honor around 2006 - at the urging of Tom Neiss, I understand, who was also the last recipient of the award. It’s a Waterford crystal sailboat mounted on wood with an engraved brass plate with the name of the recipient, the year, and the name of the award.

Amazing - I wish I had known the presentation was made to Neiss by Haile shortly after I'd graduated - and in between some of Clarence L. McNeill's written threats to me and my family.

SUNY Chief Information Security Officer Theodore K. Phelps: "This is the portrait of your father that SUNY uses in its Award honoring your father.

"In response to your request through Senator Neil Breslin, I opened our framed portrait, which was made by Elaine Neiss around 1994 from a scanned family photo, as I recall. It hangs in my office at SUNY System Administration in downtown Albany and gives me inspiration, especially when the need for patience and leadership wisdom presses on me. I worked in John’s unit with Tom Neiss doing networks in the 1990s and was one of the several hundred people who participated in his memorial here."

While UAlbany was sending threats to me and my family, a picture of me was framed on the wall at SUNY System Administration. I'm the black space (a dark blue blazer) over Dad's left shoulder; the photo was cropped from a picture of our family taken at one of my cousin's weddings.

Tuesday, October 22, 2013

Insincerely, Senator Neil D. Breslin

From: Neil D Breslin

Subject: Your E-mail

Date: October 22, 2013 4:01:33 PM EDT

My office is in receipt of your e-mail. Thank you for sharing your thoughts with me. Input from my constituency is of great importance to me. The volume of mail my office receives has increased tremendously, and I will respond as soon as possible if you have a specific inquiry. Please be sure to include your complete name and postal address in your e-mail.

If you wrote to share an opinion or viewpoint, but did not request a specific response, be assured that I read my mail and will take your views into consideration. If you are not a resident of my senatorial district, your inquiry will be forwarded to your state senator. If you contacted me about a federal issue, not state, your inquiry will be forwarded to your federal congressional representative.

If your e-mail is of an urgent nature, please contact my office at (518) 455-2225. Again, thank you for contacting the Office of Senator Neil Breslin.

Some of Senator Neil D. Breslin's more outrageous lies have been rendered in bold. I have a collection of such automated acknowledgements from Breslin's office. Matters he's unconcerned about are pretty extensive, including the mismanagement of SUNY sexual offender registries. He's evidently in favor of their mismanagement?

Not to pick on Mr. Breslin, though: other politicians, at every level of government, belonging to just about every party, are about the same.

Tuesday, October 15, 2013

UAlbany: Home of the Craigslist Killer and apologists for torture

"at the University at Albany, Mr. Markoff was a member of the College Republicans, and traveled to Washington in 2004 to hear speeches by Ann Coulter and Karl Rove."

Goodnough, Abby and Nate Sweber and Javier C. Hernandez. "Details, but Little Insight, on Craigslist Killing Suspect." N.Y. Times. April 28, 2009. http://www.nytimes.com/2009/04/28/us/28boston.html

I'd been at a debate between the College Republicans (of which the "Craigslist Killer" Philip Markoff was a member, as above noted) and the Campus Greens. The CReeps literally high-fived each other over an "argument" they made in which they excused torture at Abu Ghraib by equating it to fraternity hazing. If they're aware of fraternity hazing at UAlbany that rises to the level of the torture at Abu Ghraib, or even of any hazing whatsoever, they'd be obliged to report it.

"During his college years at the University at Albany-SUNY, he indulged in poker nearly every weekend, often all night. He was a bitter loser and not one to walk readily away from a losing streak. James Kehoe, a friend from Albany, said that in addition to poker, Markoff liked video games and golfand marijuana [...] Markoff belonged to a College Republican Club and to a medical fraternity. He supported the Iraq war and gun rights" (bold emphasis added)

Hawkins, Kristal. "The Illicit List: Crime and Craigslist." Crime Library on truTV.com. http://www.trutv.com/library/crime/notorious_murders/classics/craigslist_crimes/3.html

Did his support of the Iraq war extend to supporting war crimes as it did for some of the other CReeps?

Granted, there has been hazing at UAlbany somewhat of the Abu Ghraib nature - e.g. in 1988 a pledge in his underwear was electrocuted in an electrified, cold, polluted stormwater runoff pond filled with metal debris: https://sites.google.com/site/notthenormalschool/

The electrocuted student's death was decided not to be the result of hazing because he allegedly consented to it. Yeah, right. Typical UAlbany administrative logic. Joe Paterno fan Bob Ford then pressured the electrocuted student's younger brother to join the football team.

As I found in the Communication Department in 2011, a middle-aged untenured white male American professor can joke about hooking up a young, petite, Asian female foreign national PhD candidate teaching assistant to electrodes and shocking her until she screams - and Jeanette Altarriba, the chair of the "Presidential Advisory Council for the Prevention of Sexual Assault" will ensure that such men can continue gratifying themselves in that way and that any students who report it are severely retaliated against. Go Great Danes! :-(

Some CReep writing:

" Take for example the claim that the media has been tracking in lieu of news lately, that President Obama was born in Kenya and faked his birth certificate, making his presidency illegal under the Constitution's Article 2 mandate for natural born citizens to serve as Presidents. The proponents of this theory have given liberals another reason to chuckle at those silly conservative wing-nuts.

"What I am suggesting is that the Obama administration itself is responsible for the resurgence in popularity of this theory. Seriously, think about it, who benefits the most from the theory? Barack Obama, that's who."

O'Neill, Matt. "Attention True Believers: the Truth About 'Birthers.'" UAlbany College Republicans. August 8, 2009. http://uacr.blogspot.com/2009/08/attention-true-believers-truth-about.html

Wingnuts either way.

More charming CReep writing, ignoring the possibility that firing someone for using a racial slur might also be a form of free speech and that perhaps society's better served by having people on the air who aren't morons:

Shock Jock Don Imus recently referred to the Rutger's Women's Basketball team as, 'nappy-headed hos.' The racial slur led to a two week suspension from his job broadcasting from CBS. MSNBC followed suit by dropping the simulcast of his morning show. This raises a few important questions: Are we becoming too politically correct as a society? Are people over reacting [sic] to Imus' comments? [...] If some one [sic] doesn't like an opinion, they don't have to read it or listen to it. Society is better served by having morons like Don Imus out there, than having the thought police regulating what can be said.

Novak, James. "Lynching Free Speech." Albany College Republicans. April 12, 2007. http://albanyrepublicans.blogspot.com/2007/04/lynching-free-speech-by-james-novak.html

As I recall, the CReeps proclaimed themselves the victors of the debate on their website. Markoff could've been one of the high-fivers; I don't recall what the young men looked like. One wonders what the other CReeps got up to after they graduated and whether they've turned out to be better or worse than their friend Markoff did.

I do hope other universities aren't quite as sick.

Hothead shoots from the hip, rallies at campus where dirty & incompetent cops openly violate firearms policies and laws

"SUNY Albany Young Americans for Liberty 2nd Amendment Rally" http://www.hudsonvalleysportsman.com/index.php?topic=11717.0

"The pushback against the state's SAFE gun control act heads to campus today, when the local chapter of the conservative group Young Americans for Liberty will hold a rally titled 'Rights That Secure All' at 10 a.m. in Collins Circle on the University at Albany's uptown campus.

"The pro-Second Amendment rally will feature speeches from local Assemblyman Steve McLaughlin, whose opposition to the SAFE Act has led many upstate to tout him as a possible 2014 gubernatorial candidate."

Seiler, Casey. "Rally to protest state gun law; Conservative group plans gathering today at UAlbany campus." Albany Times Union. October 14, 2013. http://www.timesunion.com/local/article/Rally-to-protest-state-gun-law-4895559.php

McLaughlin, governor? As horrendous as "Android" Cuomo is, McLaughlin's particular brand of thuggish, brainless politics would decidedly not be an improvement.

Zettel, J.C., Khamballa, Barden, Murthy, and Macarthur. "Gas fireplace contact burns in young children." J Burn Care Rehabil. 2004 Nov-Dec;25(6):510-2.

Becker, L. and Cartotto. "The gas fireplace: a new burn hazard in the home." J Burn Care Rehabil. 1999 Jan-Feb;20(1 Pt 1):86-9; discussion 85.

"Gas fireplaces cause serious burns, warns The Hospital for Sick Children." http://www.sickkids.ca/aboutsickkids/newsroom/past-news/2003/gas-fireplaces-cause-serious-burns,-warns-the-hospital-for-sick-children.html

"Protect children from gas fireplace burns during the holiday season, urges Safe Kids Canada." http://www.sickkids.ca/aboutsickkids/newsroom/past-news/2004/protect-children-from-gas-fireplace-burns-during-the-holiday-season-urges-safe-kids-canada.html

"The temperature of the glass is so extreme that when touched, skin is likely to melt and stick to the glass, causing devastating injuries." "Requires warning labels on fireplace glass panels advising consumers of the grave risk of burns when the fireplace is operating." http://open.nysenate.gov/legislation/bill/S4029-2011

Seiler, Casey. "Tales of actual legislation, or: Fire bad!" http://blog.timesunion.com/capitol/archives/119098/tales-of-actual-legislation-or-fire-bad/

While I didn't think the above bill was likely to help much, if at all, I do think the sponsors' hearts were in the right place and would take issue with Seiler and to an even greater degree with McLaughlin (discussed below). What seemingly is needed is for glass fireplace screens to be designed so that they don't get so very hot, or perhaps a double pane of some kind: the one that gets hot, and another in front of it, extended out by pegs that don't conduct heat, with air flowing freely in between. Something like that. Or just get rid of them entirely.

One NY politician, Steve McLaughlin, very much wanted to blast and ridicule the sponsors of the bill in front of the assembly. I tried to encourage him to criticize the bill without ridiculing the sponsors' intentions. He refused; he wanted to score political points with his base that likes for political discussions to be mean-spirited, evidently. I was hoping he could raise the bar for how politicians conduct themselves, but I hoped in vain.

He calls himself a pro-lifer, but wrote "If you are too stupid to realize that fireplace glass will get hot, please don't reproduce. Thank You." OK, McLaughlin: then let at least stupid people get sex education, free contraception, and access to abortions. But no, like many pro-lifers, he seems to be a terrible hypocrite. Even supposing it's the fault of stupid parents: should kids continue to be burned because they have stupid parents, as if that's somehow the kids' fault and something for which the kids should suffer? In McLaughlin's mind, evidently so?

He also doesn't appear to care at all if kids get injured, taking the position that they'll learn their lesson. It's my understanding that many kids don't intentionally touch the screens, but clumsily stumble into them, kids' coordination still developing as they age. He also claimed that skin does not actually "melt" off.

.

"True the metal screens don't get as hot. But they also let sparks through thereby increasing the fire danger. The glass screes are there for looks,to stop sparks,and actually to throw heat. Also, the skin is not melting off. That's hype in the bill and not fact. Human instinct would have the person,baby or not, recoiling in pain. No ones skin is being melted off. And the truth is, touch it once and they'll never do it again."

"Chris I love ya, but my God you over think everything. It doesn't need to be qualified. It's an idiotic bill. I spoke to the sponsor today and let him know that. The good news is, the bill isn't going anywhere and will die in committee, although I was SO looking forward to pounding this thing to death. Fire hot, glass hot, don't touch."

McLaughlin might underthink everything, or simply not think at all. I took all of a minute to consult MEDLINE to find the above articles. Politicians should be doing research on anything they're going to vote on, and in this case the research was exceptionally easy to begin - plus he has a staff to do research for him. Evidently they're every bit as bad as he at their jobs.

He acted as if I'd spent hours trying to undermine him. There was also mention of the McDonald's coffee case, with the poster being ignorant of the facts of it. McDonald's knew people want to drink coffee in the car, but claimed they thought people want to take it home and that they superheated it for that reason - something like that, as I recall. I may have cited the specifics. My posts are gone because I deleted my Facebook account. I had long disliked Facebook's practices, and also felt Facebook makes for poor communication. McLaughlin's behavior was about the last straw for me, illustrating just how stupid people get there.

"Honestly Chris, this is tiresome and I'm done with it. While you may have all day to sit around and research every single aspect of every single statement that someone says so that you can be contrary and strive mightily to prove your point, I do not. All you really did was point out that yes, some people have been burned. No kidding. What a shock. How you make a connection between me saying that once they touch it they won't do it again and family values is insulting and nonsensical. At what point do you believe that I or anyone else would purposely let them touch the glass to teach them a lesson? Give me a break. It's not very likely true. It's true. Unless of course, that child has absolutely no common sense or human instinct. So in that rare and almost impossible scenario you may be correct. Let me tell you a story that someone just told me the other day. They have a cat and a cat I would guess that even you would agree, and maybe even without researching it, is not as smart as a human. Well....the cat, when it was a kitten, actually went up to the fireplace glass, stood up on it's hind legs, and touched the hot glass. Guess what? That cat to this day will not go anywhere near the fireplace glass. Lesson learned. So if a cat can figure it out, I'm going to out on a limb and say a human could. And, if you've ever burned yourself, which I have, you could classify that as melting as its surface is temporarily changed. Should we put a bright orange sticker on firewood saying this can get really hot when used in a campfire? While you may think it's ok to legislate every single aspect of our lives, I do not."

https://www.facebook.com/SteveMcNY/posts/389700167724785

"While you may think it's ok to legislate every single aspect of our lives, I do not": Typical idiotic fallacious remark, that. I don't think that, and if he genuinely thought I did, he would seem to be a rather stupid man (he hasn't followed his own Social Darwinist advice about "breeding," though).

"Days shy of her first birthday, Marin Montgomery stumbled into the glass of her family’s fireplace. The pane was so sizzling – hot enough to cause third degree burns at the slightest touch – that the toddler severely scorched her hands, arms and face.

"It happened four winters ago, but for her mother, Deirdre Wooldridge, the memories are fresh – of melted skin sticking to the glass, Marin’s agonized screams even after morphine shots and painful surgery to graft skin from the toddler’s groin to her left hand.

"Marin was one of the more than 2,000 children ages 5 and under who, according to federal estimates, have suffered burns from the glass enclosures of gas fireplaces since 1999.

"While everyone knows the danger of an open flame, many fail to recognize the risk from the superheated glass. It is an 'insidious and unappreciated hazard,' said Carol Pollack-Nelson, a psychologist formerly with the Consumer Product Safety Commission and an expert witness in a case against a major fireplace manufacturer. [...]

"the industry polices itself under a voluntary standard that allows the glass to reach a peak temperature of 500 degrees. The limit is meant to keep the glass from cracking, not to prevent people from getting burned.

"The standard, written by a business-dominated group, doesn’t require a screen to prevent contact with the glass. Rather, it relies on warnings that many consumers never see.

"However, a leading manufacturer, Hearth & Home Technologies, has taken steps to protect consumers by attaching a mesh safety screen on all of its glass-enclosed fireplaces. The screen 'is a huge help,' said Joel Ginsberg, a division manager with the Lakeville, Minnesota-based company.

"'If you touch the screen, you reduce the risk of a serious burn significantly,' Ginsberg said. 'If you touch the glass, you can potentially leave skin on the glass.'"

"According to some industry observers, the company began using safety screens several years ago after a child related to a company executive was burned on the superheated glass. Hearth & Home representatives would not confirm or deny the report. [...]

"It’s wrong to 'sticker over' a hazard of this type, said R. David Pittle, a former commissioner of the CPSC. 'What you really need is a product that is designed so that predictable experiences don’t end in tragedy.'"

Levin, Myron and Elise Craig. "Glass fireplace enclosures present severe burn danger." 89.3 KPCC. January 13, 2011. http://www.scpr.org/news/2011/01/13/22924/gas-fireplaces-present-severe-burn-danger/

The article is well worth reading in its entirety.

In McLaughlin's cruel world, Marin Montgomery got what she deserved. Perhaps he'd look at the photo of her wound and dismiss it, or joke about it? In McLaughlin's world the things he says that he pulled out of his ass are the gospel truth, like his claim that skin doesn't stick to glass. The industry itself says that skin does stick to glass and the responsible companies among them take measures to reduce or prevent the chance of such severe burns, yet McLaughlin chooses to side with the companies that evidently don't care about protecting children.

McLaughlin also had (in a separate matter) compared Cuomo to Hitler, Mussolini, and "Moscow." Cuomo is (like McLaughlin!) a very bad politician who should be voted out of office if not outright expelled or required to resign, but he's of course no Nazi, and definitely not a Communist. McLaughlin again seems to like blasting his opponents - and doing so in particularly nasty ways to please his evidently nasty base.

“'Sometimes in the heat of the moment you say things that you regret,' said Republican Steven F. McLaughlin of the Capital District in Albany, in a YouTube video posted Tuesday. 'I made an analogy that I should not have made … I called the governor to apologize. He did not deserve that.' "In the latest of a torrent of statements in public discourse by others likening stricter gun control measures to the Nazi era since last month’s school massacre in Newtown, Conn., McLaughlin said 'Hitler would be proud. Mussolini would be proud of what we did here. Moscow would be proud.'"

"Assemblyman Apologizes For Cuomo-Hitler Remark." The Jewish Week. February 5, 2013. http://www.thejewishweek.com/news/news-brief/assemblyman-apologizes-cuomo-hitler-remark

The "heat of the moment" indeed! He's a hothead: what moment isn't the "heat of the moment" for him?

Apologies from politicians are by and large meaningless, particularly when there's patterns of behavior as in McLaughlin's case. Was the "apology" accepted? If so, why?

I do have problems with the SAFE Act, but also have problems with interpretations of the 2nd Amendment that don't adequately account for the part about a "well regulated militia" and the intent of the framers. McLaughlin should find plenty of like-minded droogies at UAlbany, though. The College Republicans had welcomed in future Craigslist Killer Philip Markoff, and had high-fived each other at a debate on campus over more or less comparing torture at Abu Ghraib to fraternity hazing, holding that fraternity hazing is acceptable and therefore the torture at Abu Ghraib was as well. If they had knowledge of any fraternity hazing, especially fraternity hazing that had risen to the level of the torture at Abu Ghraib, they had a responsibility to report it to law enforcement. Or don't they believe in the rule of law?

McLaughlin's at least somewhat familiar with UAlbany's lawlessness and the lawlessness of the UAlbany Police.

From: Assemblyman Steve McLaughlin

Subject: Re: constituent issue with corruption in Albany

Date: February 22, 2012 2:36:23 PM EST

Hi Christopher,

Which university or college are you talking about? I don't know whether this falls within the purview of the legislature but if it's a public university the most appropriate recourse would be to speak to the Inspector General's office.


Steve


Assemblyman Steven F. McLaughlin

108th Assembly District

1654 Columbia Turnpike

Castleton-On-Hudson, NY 12033

(518) 479-0542 – Office

(518) 479-0653 - Fax


Christopher K. Philippo wrote:

Another Assemblyman suggested I might try contacting you about an issue I have. Given your interest in "reducing outrageous spending and cleaning up corruption in Albany" and "substantive ethics reform," hopefully we have some common ground to work with there!

[...] [Clarence L. McNeill] issued *me* a "'cease and desist' order" stating that I could not enter the entire building on campus in which the department is located (not that I had any desire to enter it!). The reason stated in that order was his claim that I'd violated a prior "'cease and desist' order." In reality, there was no prior order at all, thus it was impossible for me to have violated a prior one.

He cc'd the fraudulent order to the chief of campus police (requiring them to remove me from that building if I entered it), my student file, and to the professor I'd reported for sexual harassment, plagiarism, and other faculty ethics violations. The order included my home address, even though it was never sent to my home address, which I found rather inappropriate to say the least. I thought falsely reporting an incident to the police and offering a false instrument for filing were both misdemeanors under the N.Y. Penal Code?

I did try following his advice about contacting the NYS Inspector General, but the NYS Inspector General's office is a black hole where complaints go to die.

Steve McLaughlin would make a great corrupt, incompetent governor - but I hope New York has had its fill of those.

Saturday, October 12, 2013

Bystander Intervention: real talk and real action are needed, maybe?

"'Bystander intervention is actually something we do talk about a lot here at the University. It's important that everyone in the community find a way to engage positively to prevent negative things from happening,' said Inspector Aran Mull, University Police Department Public Information Officer. 'It's challenging as a police officer to recommend that someone step forward and put themselves in danger.'"

Cruz, Megan. "Collins pleads not guilty after attempted abductions." YNN. October 12, 2013. http://hudsonvalley.ynn.com/content/news/699811/collins-pleads-not-guilty-after-attempted-abductions/

Bystander intervention was not something that was talked about a lot at UAlbany in all the (too many!) years I was there, not publicly anyhow. (Perhaps they talk about it a lot in private meetings and never do anything about it except to ignore it or retaliate against it?) It's also not something Aran Mull seems to like much, in my experience. Reporting anything to him is potentially risky, since the requirement in the SUNY Police Manual that police respond is ignored by him and (not to single him out unfairly) also ignored by others in the UAlbany Police Department: Thomas J. Kilcullen, Paul M. Berger, Jennifer L. Fila, William Yankowski, Thomas Gebhardt, Christopher T. Farina, Paul C. Burlingame, Benjamin J. Nagy, Matthew A. Griffin, J. "Frank" Wiley, etc. Granted, some of them never swore and filed their Oath of Office as required with the NYS Secretary of State, so it would seem they're not technically employed at UAlbany at all - having legally vacated their offices the years they were appointed?

For more about Mull, mull over http://minervawept.blogspot.com/2013/08/discrimination-and-dat-crimination.html, http://minervawept.blogspot.com/2013/02/suny-albany-cafe-no-students-served.html (about the Committee on Academic Freedom, Freedom of Expresion, and Community Responsibility he's chaired), and http://minervawept.blogspot.com/2013/08/speechless.html (about freedom of speech, one of many rights Mull hasn't upheld in his role as a UAlbany Police Inspector, UAlbany Police Command Staff member, or as CAFFECoR Chair).

"UAlbany police now working with state police to investigate whether or not the 54-year old could have been involved in two long unsolved missing persons cases. Karen Wilson in 1985 and Suzanne Lydall in 1998 -- both were ualbany students."

Cutler, Amy. "New details emerging about UAlbany abduction suspect's mental health." NEWS10 ABC. http://www.news10.com/story/23660781/new-details-emerging-about-ualbany-abduction-suspects-mental-health?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wten-localnews+(WTEN+-+Local+News)

One has to ask how UAlbany police are working together with state police. Aside from UAlbany police being openly corrupt and incompetent, and the UAlbany Police's failure to close the cold cases all these years (and their failure to have kept those students safe in the first place http://minervawept.blogspot.com/2012/10/galling-memorial-disservice.html ) there's something else troubling. Lieutenant Glenn R. Miner, Records Access Officer, Central Records Bureau, New York State Police had written on January 3, 2013 that there was no current Memorandum of Understanding (MOU) between the Division of State Police and the University at Albany's University Police Department. How are they currently working together without a MOU? Or did they finally agree on one after my FOIL request may have reminded them about the law with which they'd failed to comply?

N.Y. EDUC. LAW § 355 (2) (l) [that's a lower case "L" in parentheses] states that, subject to the approval of the chancellor, such an agreement "shall" be entered, which would appear to indicate the existence of such an agreement is legally required, unless the SUNY Chancellor sees fit to prohibit agreements between SUNY and non-SUNY law enforcement agencies. The SUNY Chancellor ever choosing to prohibit such agreements would seemingly require a great deal of justification, given, e.g. the statement in SUNY Police Manual § 10.10 "University police will cooperate with all legally authorized agencies and their representatives in the pursuit of justice" http://www.suny.edu/sunypp/documents.cfm?doc_id=364 or Governor Andrew Cuomo's recent statement, "the safety of our students and the security of our campuses is our top priority". Press Releases. September 13, 2012. http://www.governor.ny.gov/press/091412stmtsunythreats. It's perhaps possible the FOIL request was pettifogged, but Records Access Officers are supposed to help people obtain the records they want; obstructing the requests isn't part of the law.

Friday, October 11, 2013

"The System of Doctor Tarr and Professor Fether," 2013 version

"Governor Cuomo Names UAlbany Dean of College of Computing & Information to Lead His Cyber Security Advisory Board"

Someone from UAlbany, where there is no real security - where the SUNY Police and the judicial administrator and much of the rest of the top administration there (and at SUNY system administration) work to undermine security, someone from such a place put in charge of a Governor's Cyber Security Advisory Board?

What a horrible joke. Follow the money people, because Cuomo's Moreland Commission on Public Corruption never will.

This is a request under the Freedom of Information Act. I hereby request the following records:

Records indicating the handling by the U.S. Secret Service of e-mails sent in May and September of 2013 to nyectf@usss.dhs.gov concerning corruption in law enforcement and government in New York, corruption that could possibly, potentially pose risks to the President of the United States, e.g. "Fwd: is a dirty, fake SUNY Police Chief a risk to safety and security?" May 18, 2013 7:17:47 PM EDT

https://www.muckrock.com/foi/united-states-of-america-10/secret-service-ny-electronic-crimes-task-force-email-handling-6996/

Tuesday, October 8, 2013

"We owe allegiance to no crown": the NFL and NCAA on concussions

"President Barack Obama says he's a football fan but that if he had a son, considering the impact the game has on its players, he would think long and hard before allowing his son to play."

ESPN.com news services. January 28, 2013. http://espn.go.com/nfl/story/_/id/8886528/president-barack-obama-not-sure-allow-son-play-football

"League of Denial: The NFL's Concussion Crisis." Frontline. October 8, 2013. http://www.pbs.org/wgbh/pages/frontline/league-of-denial/

"'I believe that within 10 years there will be no more youth contact football,' Holloway said. 'And there shouldn't be.' […] 'If it were today, when opportunities have opened up, there's no way I'd play football,' Holloway said."

Churchhill, Chris. "Football disabilities endure long after roar of crowd ends." Albany Times Union. September 19, 2013. http://www.timesunion.com/default/article/Football-disabilities-endure-long-after-roar-of-4826008.php

The irony and the perversity of taking money meant for academics and putting it into the lowering of academic standards, annihilating academic integrity, and having people give each other brain damage for the amusement of spectators... sigh.

Regrettably, I still think the corporate money involved in the catching and throwing of balls and the taking of time-outs is likely to keep the boondoggle of youth, college, and pro football going on for quite some time. HGH, steroids, firearms violations, domestic assaults, gang rape, homophobia, brain injuries, etc. are not such a problem in Pro Peekaboo or Pro Simon Says.

"Social" media?

www.albany.edu/news/release_4370.shtml

UAlbany staff have the most irritating habit of looking at a profile when they could always just write and ask whatever they're itching to know. I might actually answer, particularly if the staff writing were to share my concerns about the security of the UAlbany campus and the safety of students, faculty, staff, and visitors there, or share my concerns about academic integrity there, etc. Relatively few administrators at UAlbany (or SUNY) seem concerned about such things.

If staff are able to read the following on my profile, why is it they remain content with such a sad state of affairs?

Peter Barry, Vice President and Legislative Director of New York State University Police Officers Union, Local 1792 of the American Federation of State, County, and Municipal Employees, AFSCME, Council 82 and AFL-CIO has stated, "decentralized structure promotes erroneous crime reporting and record keeping. One possible cause for this is that SUNY police chiefs serve at the pleasure of the campus president, thus are motivated to keep crime stats down by any means […] SUNY can no longer afford to staff, or overstaff, a body which is subject to inefficiencies, manipulation, cronyism, ill motivation and mismanagement" (127-128).

http://www.nysenate.gov/files/SUNY%20Testimony%20pt.%203.PDF

That rather galling known security problem doesn't pose dangers just to students but to members of the faculty, staff, and to visitors. Who could possibly be OK with that?

Even the Albany County DA's wife has been assaulted on campus. What has the DA done about security problems at UAlbany? Seemingly nothing.

Furfaro, Daniel. "Soares to sit out case due to link; DA's wife was the person allegedly threatened by teen at UAlbany." Albany Times Union. May 18, 2006: B1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6399606

Lyons, Brendan. "A prank leaves a sour legacy; Family of student stabbed while trying to steal hat upset at DA's handling of case." Albany Times Union. October 14, 2005: B1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6302276

A couple guys from a banned fraternity trailing someone at night in a car then assaulting him and trying to rob him: have I got that right? That's a "prank"?

"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. [...] Soares has not responded to several requests for an interview. On Wednesday, his spokeswoman, Rachel McEneny, said the office's sexual assault team is on call 24 hours, seven days a week and is eager to assist in an investigation, regardless of whether an arrest has been made."

Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244

In fact the DA's office is not so eager to assist in investigations. Contacting the DA's office for help, at least in my experience, is the surest way of never receiving any.

Mr. Miller, we'd probably have several interests in common. The Town of Bethlehem also getting a new police chief, for example: http://minervawept.blogspot.com/2013/07/the-elephant-in-office.html - and an end put to the illegal dumping at cemeteries in the town. The Bethlehem Cemetery's indicated they've had a problem with construction & demolition materials being dumped at their cemetery. I've seen junk that's been dumped at the Beth Emeth Cemetery, St. Matthew Lutheran Cemetery, Holy Spirit Lutheran Cemetery, and I wouldn't be surprised if the problem exists or has existed at other cemeteries as well. The town won't do anything about the problem, and won't give me permission to remove the junk at my own expense to the dump. Isn't that strange?

Friday, October 4, 2013

FOI Request: Secret Service & NY Electronic Crimes Task Force email handling

I'm not very good at writing FOIA requests, or at any rate I have a terrible success rate with respect to responses.
From Christopher Philippo on Oct. 4, 2013:

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Records indicating the handling by the U.S. Secret Service of e-mails sent in May and September of 2013 to nyectf@usss.dhs.gov concerning corruption in law enforcement and government in New York, corruption that could possibly, potentially pose risks to the President of the United States, e.g. "Fwd: is a dirty, fake SUNY Police Chief a risk to safety and security?" May 18, 2013 7:17:47 PM EDT

"there are police chiefs in SUNY who are not mandating policer [sic] officers, certified, whatever. We have police chiefs that refuse to voluntarily give up their fingerprints"

James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (108). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF

The U.S. Secret Service has a reputation for investigating even the most unlikely of possible threats to the President of the United States. In spite of that fact, the U.S. Secret Service has permitted the President of the United States to visit campuses belonging to the State University of New York (SUNY) system even though the SUNY Police are notoriously problematic: "SUNY police chiefs serve at the pleasure of the campus president, thus are motivated to keep crime stats down by any means […] SUNY can no longer afford to staff, or overstaff, a body, or overstaff, a body which is subject to inefficiencies, manipulation, cronyism, ill motivation and mismanagement."

Peter Barry, VP & Legislative Director of NYS University Police Officers Union Local 1792 of the American Federation of State County & Municipal Employees AFSCME, Council 82 & AFL-CIO. (127-128). http://www.nysenate.gov/files/SUNY%20Testimony%20pt.%203.PDF

The highly problematic nature of SUNY police has been known for years. In spite of that, the NYS Division of Criminal Justice Services Accreditation Program http://www.criminaljustice.ny.gov/ops/accred/ accredited police at SUNY Alfred, Buffalo, Cortland, Oneonta, Stony Brook, the University at Albany and the University at Buffalo http://www.criminaljustice.ny.gov/ops/accred/accredited-agencies.htm

Despite public knowledge of serious problems with SUNY Police, and the awareness of NYS government of such problems, SUNY campuses have nonetheless been visited by the President of the United States and other VIPs. The University at Albany/SUNY Albany Police have implied that they assisted in doing dignitary protection for the President (it seems unlikely that they actually provided dignitary protection for the President):

"Chief J. Frank Wiley with President Bill Clinton, during the March Speaker Series Event" (caption to a photo showing "Chief" Wiley with former President Clinton; "Chief" Wiley failed to swear and file his Oath of Office with the NYS Secretary of State the year he was appointed according to the NYS Department of State in response to a Freedom of Information Law request, and appears to be otherwise professionally, legally, and constitutionally unqualified for the job; under "Chief" Wiley, Wendy Knoebel was given two awards for excellence, one of them given for her "excellence" in the year she failed to solved the disappearance of Suzanne Lyall who is one of at least two UAlbany students who disappeared - students who've never been found.)

"The University at Albany Police Department provided dignitary protection for two major events in 2011. The World Within Reach Speaker Series brought in President Bill Clinton, and former NBA star Earvin 'Magic' Johnson. Both events brought in a packed house at the SEFCU Arena, and were handled flawlessly by UPD staff." http://police.albany.edu/UPDAnnualReport2011.pdf (page 18)

The University at Albany Police Department received its special accreditation from the NYS Division of Criminal Justice Services Accreditation Program http://police.albany.edu/UPDAnnualReport2011.pdf (page 15) around the time of the fallout of the Raven Arms .25 "junk gun"/"Saturday Night Special" campus firearms violations and improper storage of a departmental weapon involving decorated Investigators Wendy Knoebel and Matthew A. Griffin, the major area drug manufacturing case involving Knoebel and her husband's drug barn at their home in Duanesburg, and just prior to President Obama's visit to campus. The blatant problems with the UAlbany Police department's sexual offender registry still existed at the time the special accrreditation was given:

• Sexual Offender Registry #1 "© 2009 University at Albany"

"There are currently three (4) [sic] registered sex offenders enrolled or working at the University. The following Information has been released:" was followed by a list of six (6) offenders. Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAjbUOP Accessed: February 19, 2013 Archived by WebCite® at http://www.webcitation.org/6EZ55k2vF (it still read © 2009 at that time)


• Sexual Offender Registry #2 No date (probably circa 2007-2008)

"There are currently two (2) registered sex offenders enrolled at the University. The following Information has been released:" was followed by a list of three (3) offenders. Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAsiiOT http://police.albany.edu/2ColPage.asp?PageSName=SOR2 now redirects to UPD's homepage

There was an audit by the NYS Comptroller's Office in 2007 with a follow-up in 2009 http://osc.state.ny.us/audits/allaudits/093009/07s121.htm which found a number of problems, but it evidently failed to take note of the mismanagement of the sexual offender registry. The Registry gets referenced in the Clery Act Report http://police.albany.edu/ASR.pdf on page 53 of the 2011 report, the claim being there that it was being maintained - when clearly (the above archives) it was not being maintained properly. At least part of page 53 was not written for the report but was instead copied and pasted from the website: "The DCJS Sex Offender Registry site may be found on the web (See the link to the right)" (there's no link to the right in the PDF). The obvious error has been retained in the 2012 report on page 58; John M. Murphy, incidentally, is the Clery Act Compliance Officer at UAlbany who has permitted such utterly careless errors and problems to exist in the annual Clery Act report.

No response was sent by the U.S. Secret Service to the sender of the above-described e-mail or to others e-mails, including, but not limited to:

Re: is a dirty, fake SUNY Police Chief a risk to safety and security?

May 18, 2013 11:12:41 PM EDT

Fwd: UUP: "to advance education in a democracy and democracy in education"

May 19, 2013 12:24:30 AM EDT

Fwd: FOIA Request - 13-01195-F

May 19, 2013 1:48:56 AM EDT

Re: State University at New York at Albany corruption

May 21, 2013 2:31:54 AM EDT

SUNY administrators' crimes?

September 12, 2013 12:03:35 PM EDT

Re: SUNY administrators' crimes?

September 12, 2013 12:17:24 PM EDT

Despite the lack of any replies from the U.S. Secret Service to the above-described e-mails or others, I trust that the U.S. Secret Service shares my concerns about the security of SUNY campuses and the safety of students, faculty, staff, and visitors at SUNY campuses - even though New York itself evidently does not share those concerns: "the State is not an insurer or guarantor of the safety of SUNYA students" McEnaney v. State of New York, 267 AD 2d 748 - NY: Appellate Div., 3rd Dept. 1999. http://scholar.google.com/scholar_case?case=14949034404515783354 Compliance with this FOIA request will go far in proving faith in the U.S. Secret Service to be justified.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Christopher Philippo

https://www.muckrock.com/foi/united-states-of-america-10/secret-service-ny-electronic-crimes-task-force-email-handling-6996/

Will FOIA requests to the U.S. Secret Service during the anarchist politicians' shutdown of the federal government be responded to, or do the government anarchists consider the U.S. Secret Service a nonessential service?

I was present for Bill Clinton's most recent visit to UAlbany. He's a gifted speaker... not that I remember a thing he said. It wasn't his first visit:

McGuire, Mark. "UAlbany scrambles to welcome Clinton; It's the first time in school's 150-year history a sitting president has visited." Albany Times Union. November 2 1994: A13. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=5696523

UAlbany Police were no good back in 1994. It's an open question as to when they might ever as a whole have been an overall force for good.

For one of the U.S. Secret Service's investigations, see:

Parry, Marc. "Plattsburg student's cartoon no laughing matter." Albany Times Union. November 13, 2008: D3. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=7173912

Aside from that kind of thing, or their raid on Steve Jackson Games and seizure of GURPS Cyberpunk and other materials, or their visiting prostitutes in foreign countries, they seem alright. In the Line of Fire (1993) is an enjoyable movie, at any rate. How can one not root for Clint Eastwood's character in it? Dave and Spartan were good too. And counterfeiting's bad!

Wednesday, October 2, 2013

Follow the money?

"the Governor’s groundbreaking initiative – START-UP NY – will create zero-tax communities on SUNY campuses to attract start-ups and new businesses to create jobs for our people."

From: "Governor Andrew M. Cuomo"

Subject: Next Phase of Tax Relief for New Yorkers

Date: October 2, 2013 11:08:41 PM EDT