Paul Berger testified that he has been the Assistant Chief of the UPD since 2002. He is the night commander for the afternoon and overnight shifts. He was aware of the decoy bag operation [involving white male cops hiding in a women's restroom on campus, using a peephole in women's restroom to spy on a bag being used to illegally entrap students, etc.]. He was not aware of the provisions of the Personal Property law prior to the use of the decoy bag on December 13, 2007." http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html
Something's definitely deep, but it looks more like doo-doo than knowledge....
SUNY Albany dirty cop Paul Berger (left) with dirty cop Wendy Knoebel (center), annotated version of photo at http://web.archive.org/web/19991023053405/http://www.albany.edu/public_safety/ciu.html#lyall
The picture (without the annotation) was to the right of the "ONGOING INVESTIGATION Missing Person Suzanne Lyall." Investigator Wendy Knoebel was holding what might be her 1999 undeserved Chief's Award for Excellence for her work in 1998, work that notably included her complete failure to solve the biggest case of her career, the disappearance of Suzanne Lyall.
On Tuesday, February 9, 1999, University President Hitchcock officiated at the police officer swearing-in ceremony. Also present were Vice Presidents Kirchner and Doellefeld, and the New York State Director of University Police, R. Bruce McBride. Many officers brought their families to share in the celebration as their took their oath of office as police officers.This event, held at the Alumni House, also served as the Department's annual awards ceremony. Tim Brady received the award for 1998 Officer of the Year, and Investigator Wendy Knoebel received the Chief's Award for Excellence
"What's New…" University at Albany, Department of Public Safety. http://web.archive.org/web/19990501211630/http://www.albany.edu/public_safety/whatsnew.html
Note above that current SUNY Police Superintendent McBride had then been New York State Director of University Police (same job, different title). Perhaps Mr. McBride might know why a dirty cop like Wendy Knoebel received an award for excellence when she failed to solve a missing person case - among other issues concerning her. SUNY Albany and SUNY system administration under Chancellor Nancy Zimpher have a disturbing tendency to award and/or promote the undeserving.
“As the SUNY university police work to ensure that our campuses serve as safe havens for all students, Deputy Commissioner Berger embodies all of the ideals that we look for in a leader,” said Chancellor Zimpher. “He has a deep knowledge of training requirements and opportunities for university police as well as the latest protocols for student safety, homeland security, and crisis intervention. I am confident that his appointment will benefit SUNY students, faculty, and staff across the state.”It's worth stating again that the promotion of dirty cop Paul Berger is an outrage. Bruce McBride knew that Paul Berger himself had provided court testimony in which he claimed to be poorly trained, and in which his men claimed to be poorly trained. Mr. McBride thanked me, in an e-mail with "SUNY University Police training concerns?" right in the subject line, for bringing the court case in which Paul Berger testified that he'd been ignorant of the Personal Property Law from December 1988 to December 14, 2007: nineteen years (supposing that the law dates back to 1988).“Whether students reside on campus or commute for class, their safety as well as that of the entire campus community is our primary concern, and ensuring that all officers have access to current training and best practices is a vital part of the University Police mission,” said Commissioner McBride. “As deputy commissioner, Paul will ensure that this is the case throughout SUNY. He has been an excellent partner and valuable member of the University Police for many years and I look forward to our closer collaboration as he takes on this new role in service to SUNY’s students, faculty, and staff.”
"Paul Berger Sworn in as Deputy Commissioner of State Police." July 1, 2014. http://www.suny.edu/suny-news/press-releases/suny-press-releases/july-2014/7-1-14-deputy-commissioner/paul-berger-sworn-in-as-deputy-commissioner-of-state-university-police.html
Chancellor Zimpher and Superintendent's demonstrably false claims about Berger are very hard to understand given Paul Berger's court testimony regarding his own ignorance of the law and poor training. Granted, it's possible Mr. Berger had been well-trained and was not ignorant of the law, but in that case he'd be guilty of false testimony. However, since the SUNY Police Manual prohibits officers from claiming ignorance of the law in their own defense, and because he did not tell the whole truth to the judge by informing her of that fact, his testimony was false regardless of whether he was or was not ignorant of the law and regardless of whether he was or was not poorly trained.
In connection with the SUNY Police Manual, there's something else to note. Commissioner McBridge stated in his e-mail that the 6th Edition dated February 2007 was "currently in use" on November 19, 2012 and acknowledged that parts "need to be updated" (a gross understatement, that). The fact of the matter is that it was not supposed to be the version of the manual then currently in use. There was a 7th Edition dated August 2009 http://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-binghamton-police-dept-manual-10931/ . The SUNY Police Commissioner himself was, by his own written admission, ignorant of what SUNY-wide Police Manual was then currently in use. Then, despite his November 19, 2012 admission that the manual was in need of updating, the manual didn't get updated under his "leadership" until April 2014... and the manual still is not very good.
A SUNY Police Commissioner who was ignorant of what manual was currently in use does not seem likely to be very good at "ensuring all officers have access to current training and best practices". A SUNY Police Commissioner who knowingly permitted a dirty cop who'd provided court testimony that he was ignorant of the law does not seem likely to be very good at "ensuring all officers have access to current training and best practices".
Begin forwarded message:From: "McBride, Bruce"
Subject: RE: SUNY University Police training concerns?
Date: November 19, 2012 at 11:20:59 AM EST
To: Christopher Philippo [...]
Good morning Mr. Philippo:
The University-wide manual that you cite is currently in use. Certain parts of the document need to be updated. Thank you for bringing this to my attention.
Bruce McBride
Commissioner for Police
From: Christopher Philippo [...]
Sent: Friday, November 16, 2012 4:55 PM
To: R. Bruce McBride; McBride, Bruce
Subject: SUNY University Police training concerns?
Importance: High
Dear Commissioner McBride:
Given that the SUNY Police Manual states up front (page 5) in section 1.21 that the SUNY System Administration Office of University Police "Coordinates University Police operations throughout the SUNY system and, under direction of the Chancellor and the Board of Trustees, sets training, hiring and operational standards.", it seems most appropriate to bring the following to your attention.
I hope you will be able to address the subjects below which can briefly be described as the one provided in the subject line: serious concerns about the training of members of the University at Albany Police Department. More specifically, the concerns are that the provisions of the State University of New York Police Manual do not appear to have been consistently obeyed with respect to the training of University at Albany Police Department members for a number of years. Concerns about the University at Albany Police Department's operations and its training, hiring and operational standards are hard to avoid given a fairly recent case decided before the New York State Court of Claims, Abdul-Wahhab v. The State of New York, #2012-032-004, Claim No. 116205 (June 18, 2012) http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html In Abdul-Wahhab v. The State of New York, I presume while under oath, Officer (now Lieutenant) Paul Burlingame had stated (in the words of the decision, not his) that he'd "never received any training in the Personal Property Law" and Assistant Chief of Police Paul Berger had stated (in the words of the decision, not his) that he "was not aware of the provisions of the Personal Property law".
Paul Burlingame has evidently been at the University at Albany Police Department since 2002: "Serving since 2002." http://police.albany.edu/Member2.asp?LName=Burlingame&FName=Paul
Paul Burlingame had thus testified that he'd been ignorant of the Personal Property Law from 2002 to December 14, 2007: approximately five years (supposing that the law dates back to 2002 - and for even longer than that if he'd served in other police departments than the University at Albany's prior to 2002).
"Assistant Chief Paul Berger has been with the University Police Department since December 1988." http://police.albany.edu/Member2.asp?LName=Berger&FName=Paul
Paul Berger had thus testified that he'd been ignorant of the Personal Property Law from December 1988 to December 14, 2007: nineteen years (supposing that the law dates back to 1988).
Given Mr. Berger's testimony, the Criminal Justice Studies program at Alfred University, the Public Administration program at Marist College, and the S.U.N.Y. University Police Academy all must have lacked instruction in the Personal Property Law. Marist College's lack would at least be understandable should that program not have had a concentration in police administration.
It's hard to understand how they'd failed to receive training regarding the Personal Property Law, or to learn it on their own, or why they would have been given orders to participate in such an ill-conceived operation (two male officers hiding in a women's restroom, using a peephole in the women's restroom, etc.?). To single out several sections from the SUNY Police Manual (though there are others that appear relevant as well):
§ 10.11 "University police members will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence."Through study and experience, a university police member can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly."
§ 15.09 "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action."
§ 15.11 "Members and employees shall observe and obey all laws and ordinances, all rules and regulations of the department and all general or special orders of the department."
§ 20.08 "All members shall attend in-service training as directed by the chief of university police. Such attendance is considered a duty assignment."
Clearly they had not taken "every reasonable opportunity" if what they'd stated to the court was correct; they'd had several years to find such an opportunity and had failed to do so. They had not established and maintained a "working knowledge of laws", had failed to "observe and obey" the law, and following what might be described as "improper action" they claimed to be ignorant of the law contrary to the directive of the SUNY Police Manual that "it will be presumed that the member was familiar with the law".
University at Albany Police Department Chief J. "Frank" Wiley was not named in the decision at all, but is brought up here due to some sections of the SUNY Police Manual referring to his responsibilities, including one responsibility specifically for training officers:
§ 1.03 "Chief of the University Police Department, responsible for the command of the department"
§ 5.10 "The chief of university police is responsible for the planning, directing, coordinating, controlling and staffing all of the department activities to include the protection of people, personal property, state property and equipment and the enforcement of laws and regulation within its legal jurisdiction. The chief is also responsible for officer training and documentation of such training."
How is it that Mr. Wiley had failed to be responsible, for so many years, for training Mr. Burlingame, Mr. Berger, and (one presumes since he's also named in the decision) Christopher T. Farina, and perhaps others?
I sincerely hope, given SUNY Police Manual § 1.21, that you'll share the same degree of concern I have and that you will be able to address the matters as they should be addressed.
Please see that the University at Albany Police Department does *not* contact me. I do not wish to hear from UPD given the state of that department at present and the nature of its members' past acts of communication with me.
Thank you for any help you can provide,
Sincerely,
Christopher K. Philippo
The version of the manual consulted is the follow, which is as far as I know the current manual: Office of the Assistant Vice Chancellor for University Police and Public Safety. The State University of New York Police Manual. 6th Ed. Albany, NY: State University of New York: February 2007. http://www.suny.edu/sunypp/documents.cfm?doc_id=364
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