THE TPD NEED TO CLEAN UP THEIR ACT...

...but maybe not. Councilman Doherty just can't decide.

On Thursday night the City Council Finance Committee tabled a vote to approve a $23, 000 settlement in a civil rights case. Got the Times Union story is right here.

Councilman Robert Doherty, chairman of the council's Public Safety Committee, pushed to temporarily halt the settlement.

"I have some concerns about this," Doherty said about approving settlements without reassurance that the issues raised in the lawsuits are addressed internally by the police department. He said it's important to avoid same situations in the future.

So, here's the lineup: Voting to approve: Gordon, Bodnar, Kopka, Galuski. Voting to table were Wiltshire, Teta-Sullivan, Doherty, Robertson and Zalewski.

Corporation Counsel Ian Silverman recommended settlement and suggested this would save the City some cash. Now, Silverman isn't running the show on this. He's getting a recommendation from outside counsel, hired by the insurer. John Bailey usually handles the police cases. He's good and he knows how to fight. Ask some of the cops he has successfully defended.  If Bailey recommends settlement its not because he's rolling over. In fact, a trial just lets Bailey bill a ton of hours.

In addition, lets not forget, if the plaintiff prevails, her attorney will receive attorney fees. In this case, probably considerable more money than his/her client will see. I know, fuckin' lawyers, right?

The idea that Councilman Doherty wishes to table the vote and not settle a case that the lawyer believes should be settled, "without reassurance that the issues raised in the lawsuits are addressed internally by the police department," is absurd. Doherty seems like a nice individual. But, he sometimes acts like  a guy with Attention Deficit Disorder mixed with Tourette's.

Why would Doherty and crew expose the taxpayers to a potentially high verdict unless the police address the issues raised in the suit? They are two separate issues. Either it should settle or it shouldn't settle. Police Department issues, if any, can be addressed  at a later time. Doherty is essentially saying, 'We may take a verdict we shouldn't take unless I'm satisfied that the police fix what they did wrong."

What did they police do wrong? Maybe Doherty should ask the police. They'll tell you how they screwed up and how they're fixing things. Well, Doherty did:

From: Bob Doherty
Date: 09/17/2015 11:19 AM (GMT-05:00)
To: Tedesco Chief John , "Ian.Silverman" , Rosamilia Lou
Cc: "Liccardi Joseph B."
Subject: Doherty Ordinance 92 - proposed settlement of violation of civil rights - Federal Court

Chief,
I know you are on vacation and sometimes read your email.  I’d like to avoid avoid delay in settling this manner, if answer is available before the City Council Finance meeting tonight. 
I asked in the Mayor’s public safety, meeting, if management actions to prevent re-occurance of violations had occurred.  There was no information available.  Deputy Chief McAvoy did provide details about the seriousness of events that motivated the department to take spirited actions in fact finding and attempts at interrogation.
My concern in settlements is, to a degree reasonably possible, assure preventive or remedial steps have been taken. In part, this is to avoid increasing penalties for future or continuing violations.  In today’s climate of scrutiny of Police/Community relations, I also do not want to gain attention to matters in this area as well.
Ian said he does not run the Police Department. I said in the absence of prevention or corrective action, i would want to table this until you can provide that information. The Mayor told me I could to that if I wanted. The discussion ended on that note.
Reading the Memorandum in Support, reviewing the imposition of charges for impounding a car for investigative reasons might be an opportunity for revision, in cases where there are no charges or violations forthcoming.  Although the more serious aspect of the case appears to be unlawful detention.
Has there been any management actions to remedy or prevent additional violations or settlements?  Thank you, Bob Doherty

Tedesco then comes clean, setting forth all the remedial measures that have been taken:

On Sep 17, 2015, at 8:05 PM, John.Tedesco wrote:

Bob,

 

I personally witnessed the detention of the plaintiff while in the Detective Bureau. Her claim of being handcuffed while there is a lie. She was transporting known shooters and the detectives would have been derelict not to detain and questiontion her.

 

As for her vehicle, Jessica Ashley (plaintiff's morher) has been seeking reimbursement of the tow and storage charge in numerous public settings for several years. The vehicle was legally towed and held until the detective deemed the release appropriate.

 

There have not been nor will there be any revisions in policy as the fault lies with the system, not the actions of the officers.

 

In my opinion, this action is nothing but a money grab.

 

John

Then:

From: Robert Doherty
Date: 09/18/2015 9:41 AM (GMT-05:00)
To: "John.Tedesco"
Subject: Re: Doherty Ordinance 92 - proposed settlement of violation of civil rights - Federal Court

 

If there is no fault or any concern of treatment, why pay out taxpayer's money?  Bob

 

 

Councilman Bodnar finally chimes in:

 

On Monday, September 21, 2015 5:45 PM, Dean Bodnar wrote:

 

OK, somebody needs to say this, so I will.

We wouldn't need this damn Special Finance Meeting if not for the nonsensical vote to table this at Finance last week. We could've voted to approve this, and then those who had concerns had two weeks to get their concerns addressed. It's time to let the professionals run  the police and law departments. Council members who chair committees don't have the legal authority to "supervise" the pertinent departments. Deal with it!

Dean Bodnar  

 

 

Doherty responds:

 

From: Bob Doherty

Subject: Fwd: Doherty Ordinance 92 - proposed settlement of violation of civil rights - Federal Court

Date: September 21, 2015 at 11:51:08 PM EDT

To: Troy All City Council

Cc: Tedesco Chief John

 

Dean, 

First of all the vote carried, so it was not only a Committee Chair.  

            As stated in my remarks, the Chief is top flight in running the TPD and therefore we should know why we are paying out tax payer dollars. Or, if there is cause, it has been corrected by supporting and acting on the Chief’s recommendations.

             The Chief seems puzzled as to why we would make a settlement in a well handled particularly serious crime investigation.  These matters deserve our attention and the Chief worthy of our attention and support. 

            Given the type of issue involved here- investigation of gun violence- it needs cool heads, civil and thorough discussion, and support for TPD. Continued cash settlements to persons involved in criminality of this nature may open up a flood gate and actually make the police job more difficult, particularly investigations.  Bob Doherty

Bodnar says it best: You came to class unprepared and then waste everyone's time.

 

Isn't it curious that Doherty starts out assuming that the police did what the Plaintiff says the police did. He wants the police to clean up their act and address the issues raised in the suit so it doesn't happen again.

 

Then, one e-mail from Tedesco and Doherty is almost offended that the case might settle. One gets the impression that if the Plaintiff e-mailed Doherty her version of events, Doherty would call for Tedesco's resignation and the abolition of the department. So much flip-flopping. He'll show up at the next council meeting in a back brace and cervical collar. It's almost as if its election time.

 

Wiltshire and Zalewski also went along with Doherty. Why not have the Council use its investigatory powers and hold hearings on possible civil rights abuses by the police department?* They're fond of hearings. Are civil rights abuses more or less important than demolishing a building? 

 

Perhaps Council District 4 deserves a representative that does his homework before the meetings. One who doesn't waste his colleagues time or disturb the Police Chief while he is on vacation.**

 

* Sarcasm intended.

 

** We are not fans of Tedesco but should Doherty be asking the Chief to do Doherty's job late in the game?