alleged police officer status of SUNYA Police "Chief" Wiley

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

* Records substantiating that University at Albany Police "Chief" J. "Frank" Wiley took a test that qualified him as a police officer, as DCJS is reported to have verified to the Albany Times Union published by President of the Board of Directors of the University at Albany Foundation George Randolph Hearst III.

“Wiley said he took a test that established him as a police officer in SUNY’s eyes; the state Division of Criminal Justice Services concurs.”
Odato, James M. "Top cop a cop?" Albany Times Union. June 1, 2009.
http://webcache.googleusercontent.com/search?q=cache:femz7oqg-1kJ:https://secure.timesunion.com/AspStories/story.asp%3Fnewsdate%3D1/19/2013%26navigation%3Dnextprior%26category%3DSTATE%26storyID%3D805705

N.Y. CIV. SERV. LAW § 58 (1) (a): "Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person shall be eligible for provisional or permanent appointment in the competitive class of the civil service as a police officer of any police force or police department of any county, city, town, village, housing authority or police district unless he shall satisfy the following basic requirements: (a) he or she is not less than twenty years of age as of the date of appointment nor more than thirty-five years of age as of the date when the applicant takes the written examination, provided that the maximum age requirement of thirty-five years of age as set forth in this paragraph shall not apply to eligible lists finalized pursuant to an examination administered prior to May thirty-first, nineteen hundred ninety-nine"

I believe J. "Frank" Wiley was about forty in 1996 when he was appointed directly to chief at SUNY Albany despite being having a resident of Maryland, and despite having been rejected for employment by Oberlin College in Ohio earlier in 1996 (though their newspaper had initially reported he'd been hired there).

The DOS Assistant Records Access Officer in the October 25, 2012 10:30 AM e-mail "RE: FOIL" indicated that no Oath of Office for Mr. Wiley for 1996 (or 1999 when SUNY peace officers became police officers) could be found. N.Y. CIV. SERV. LAW § 62 and N.Y. CONST. Art. 13, §1 appear to require filing those oaths of office with the Department of State "before he shall be entitled to enter upon the discharge of any of his duties"; "before they enter on the duties of their respective offices". "The State University of New York (University) ensures that its officers and employees take and file an oath of office in compliance with the Constitution of the United States and the Constitution and statutes of the State of New York." http://www.suny.edu/sunypp/documents.cfm?doc_id=546

"It does not appear that Chief Wiley was appointed as an entry-level police officer" - DCJS Records Access Officer, December 11, 2012 4:13 PM e-mail subject line "FOIL Request."

It's worth reiterating that under "Chief" Wiley, among other issues, the University at Albany Police did not maintain their sexual offender registry for years.

• 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).

Only after I repeatedly reported at the local, county, state, and federal level the rather obvious failure of the SUNY Albany Police Department to properly maintain their sexual offender registry for so many years did it finally get updated - and even then only in stages. To date the department has not added the specific date the registry was last updated and the name of the person who last updated it as I also suggested ought to be done, the sort of maintenance log one sometimes even finds for the cleaning of public restrooms. Apparently not one of the sixty or so members of the department was able to tell that they should have had only one sexual offender registry, not two, that "three" should not have been followed by "(4)" only to be followed by a list of six sexual offenders, etc. It all makes the salary of $128,825 that J. Frank Wiley is reported to have http://new-york-employees.findthebest.com/l/2289364/J-Frank-Wiley rather inexplicable.

Mr. Wiley is a man who did not see a threatening fraudulent cease and desist order with his own name on it as a police matter, writing in his e-mail May 19, 2012 5:16 AM subject line "Re: OK, so the December 9, 2011 cease and desist order I was sent it fake...?": "Given the nature of your concerns i [sic] suggest you contact the office of Student Rights And Responsibilities. This office is the more appropriate outlet for your concerns. I will forward your concerns to that office. With respect to your desire to submit corrects [sic] i [sic] will forward your communication to the appropriate person who will contact you." There is no "office of Student Rights And Responsibilities" and nobody ever contacted me about making corrections or amendments to two false police reports the University at Albany Police Department filed. Among other issues with what Mr. Wiley wrote, his violations of SUNY Police Manual § 55.05 "TRUTHFULNESS. Members are required to be truthful at all times whether under oath or not" and SUNY Police Manual § 50.15 "Members of the department shall respond without delay to all calls for assistance from the public or other members […] all calls shall be answered as soon as possible consistent with normal safety precautions and vehicle laws. Failure to answer a call for assistance promptly, without justification, is misconduct."

If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.

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 5 business days, as the statute requires.

Sincerely,

Christopher Philippo

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Thanks for the response.

"all active SUNY campus safety officers were deemed to have satisfied the minimum training requirements for the new title University Police Officer (UPO). This was done through a transitional course developed and administered by SUNY, but not reported to the Division. As such, all SUNY personnel that transitioned to police officers in 1999 are compliant with the minimum training requirements for UPOs."

“Wiley said he took a test that established him as a police officer in SUNY’s eyes; the state Division of Criminal Justice Services concurs.”
Odato, James M. "Top cop a cop?" Albany Times Union. June 1, 2009.
http://webcache.googleusercontent.com/search?q=cache:femz7oqg-1kJ:https://secure.timesunion.com/AspStories/story.asp%3Fnewsdate%3D1/19/2013%26navigation%3Dnextprior%26category%3DSTATE%26storyID%3D805705

It seems that DCJS was not provided that test and simply concurred that Mr. Wiley is a police officer on the basis of SUNY's claim that Mr. Wiley took such a test and passed it?

I would not assume anything when it comes to the training of SUNY "Police." Some of them have even testified (in apparent violation of the SUNY Police Manual) that they were not properly trained and have been ignorant of the law due to that lack of proper training http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html Seemingly there either really was not a transitional course that they took, or it was grossly inadequate, or the men provided false testimony to the court (in addition to it being improper for them to claim ignorance of the law in their defense regardless of the truth or falsehood of that claim) - I'm not sure what other possibilities there might be.

The New York State Department of State indicated they could find no Oath of Office for J. "Frank" Wiley for 1996 (when he was first appointed) or 1999 (when the transition from peace officers to police occurred). That might "affect his ability to maintain his police chief position with SUNY APD," as I understand it - quite possibly he legally vacated his office in 1996 even though he has remained there.

"You may wish to direct further inquiries regarding Chief Wiley to his employer, the SUNY System Administration."

Thanks, though believe me: I have. By and large they don't respond, presumably to avoid incriminating themselves further (though their lack of response arguably incriminates them further). They seem to have no issue with Mr. Wiley's actions, like the SUNY Albany Police not maintaining their sexual offender registry properly, or their officers' firearms violations apparently going unpunished and uncensured, or Mr. Wiley not referring cases to the Albany County District Attorney's Office ASAP, or the false police reports filed by his officers, or Mr. Wiley not seeing as a police matter a fraudulent cease and desist order with his own name on it - something sent to my mother informing her that her home address had been provided to Michael W. Barberich, which had been done after Mr. Barberich had been tipped off that I'd reported him for academic dishonesty, faculty ethics violations, sexual harassment, and retaliation, and after Mr. Barberich had filed a demonstrably false police report about me that the SUNY Albany Police falsified further and posted a false summary of it to their online crime log.

Mr. Wiley is an ex-athlete, ex-coach, football fan hired around the time UAlbany was transitioning from Division 3 athletics to Division 2 (with intentions of Division 1, which occurred around the time the SUNY Peace Officers transitioned to Police), hired around the time the SUNY Albany peace officers got paid extra to do security for the newly-acquired NY Giants' summer training camp at UAlbany, whose police created a ridealong program for UAlbany football players, whose police department had a Memorandum of Understanding made with the UAlbany football team - but not with all adjacent police departments, whose police put the UAlbany Great Danes logo on tags https://web.archive.org/web/20120930025714/http://www.angelfire.com/fm/erinsplace/gotcha_tag.jpg left on supposed potential crime victims' doors and belongings "an officer gets three points for a crime report, five points for a directed patrol, and one point for every two 'gotcha' tags they hand out. 'When we find an unattended purse or an unlocked door, one of these gotcha 'hang-tags are left there to remind the owner about leaving belongings unattended,” Wiley said." James, Lisa. "frontPage: UPD's Community Policing Efforts Creating Safer Environment." University Update 20(7). December 4, 1996 http://www.albany.edu/updates/1996/11-27/frontpage.html and who did not report a gang rape by UAlbany football players to the Albany County District Attorney's Office until the media reported it thereby forcing his hand. Hiring an ex-athlete, ex-coach, football fan with unimpressive out-of-state campus police experience in the wake of the campus shooting by Ralph J. Tortorici and the unsolved disappearance of SUNY Albany student Karen Wilson rather than someone who'd worked his or her way up through the ranks in New York State with a distinguished record really makes no sense from a law enforcement standpoint. Then when SUNY Albany student Suzanne Lyall disappeared a couple years after Mr. Wiley was hired, the SUNY Albany peace officers failed to solve that disappearance as well and Mr. Wiley inexplicably gave his Chief's Award for Excellence to Investigator Wendy Knoebel for her work that year. An investigator who fails to solve a missing person case is not excellent - subsequent events bore that truth out, when it was found Ms. Knoebel brought an unregistered junk gun on campus while she was being investigated for the drug manufacturing operation at her suburban home, which she then had Matthew Griffin hide at his own home - which he was only too willing to do, no questions asked.

I remain appalled at the lack of concern for the safety of students, faculty, staff, and visitors at SUNY campuses and the security of those campuses at the local, county, state, and federal levels. I'm pleased, at least, that SUNY finally updated its SUNY-wide Police Manual after my continued pushing for that (though the update is, IMO, inadequate), that the SUNY Albany Police finally deleted the older of its two mismanaged sexual offender registries and updated the newer one after my continued pushing for that, and that the State Police finally updated its missing persons page for SUNY Albany student Suzanne Lyall (where they claimed to be looking for someone who in fact they'd identified, located, and questioned about fifteen years ago) after my continued pushing for that. Perhaps at some point conscientious people in government with a genuine concern for the safety of students, faculty, staff, and visitors at SUNY campuses and the security of those campuses might pay proper attention to the other problems I've been trying to have addressed - though I've not been given very much cause to be terribly optimistic about that.

Sincerely,

Christopher K. Philippo

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Ms. Friedlander, you'd written "You may wish to direct further inquiries regarding Chief Wiley to his employer, the SUNY System Administration."

When I'd contacted SUNY Albany about J. "Frank" Wiley's Oath of Office, their Records Access Officer never even sent an acknowledgement of the request. I was sent a threat by President of the SUNY-wide judicial administrators group Clarence L. McNeill that Mr. McNeill cc'd to Mr. Wiley and others - people he evidently believed would want to know I'd been so threatened. When I've contacted SUNY system administration, by and large they don't respond, or they put people like John Reilly and Janet Thayer in charge of investigating themselves and their associates while also indicating that SUNY shouldn't respond.

Is NYS Division of Criminal Justice Services Executive Deputy Commissioner Michael C. Green OK with DCJS having given special accreditations to SUNY Police departments despite the known issues with them, or with a police "chief" in a SUNY Police department DCJS gave a special accreditation not seeing as a police matter his own name on a fraudulent cease and desist order, or with a police "chief" in a SUNY Police department DCJS gave a special accreditation being cc'd on a threat sent after the Oath of Office of that police "chief" was requested and not responded to by a Records Access Officer, etc.?

Who provides oversight for SUNY Police? Albany County Senior Investigator Shawn Spring, Jr. indicated he'd investigated the matter and was unable to find out. The SUNY Albany Police Manual seems to indicate that there's no separate Internal Affairs office, but that internal investigations are handled by the Chief, Deputy Chief, and others - quite a problem when those very people need to be reported.

From: "Spring Jr., Shawn W." <Shawn.SpringJr@albanycounty.com>
Subject: SUNY
Date: September 28, 2012 at 2:45:11 PM EDT
To: [Christopher K. Philippo]

Christopher,

I do not have an answer for your question. I can only assume that a State Agency is responsible for the oversight of the SUNY Police Department. To make a complaint about the SUNY Police Department, I highly recommend seeking the advice of an attorney with the hope that they will be able to identify the proper agency or explain wether or not the request is a viable request with an end result that would be worth the time and expense of obtaining it.

Sr. Inv. Shawn Spring

[end e-mail]

So far it appears that NYS Division of Criminal Justice Services Executive Deputy Commissioner Michael C. Green is OK with such things as the UAlbany Police for years not maintaining their sexual offender registry while they were also filing Clery Act reports claiming that they were maintaining it, and OK with the UAlbany Police maintaining their special accreditation from DCJS despite such clear signs of gross incompetence and/or corruption. When he's ready to prove he finds the incompetence and corruption of the UAlbany Police wholly unacceptable and the granting by DCJS to such a department wholly unacceptable, I expect that professional investigators will turn up far more than I've been able to do so with what little information is available to me - someone with no training in such investigations, someone who'd not only been threatened by the President of the SUNY-wide judicial administrators group Clarence L. McNeill but had his family threatened by Mr. McNeill as well. So far I'm not optimistic; nobody has given me much reason to be.

Forwarded message, formatting differences, attachments not included here (as is necessarily the case with all e-mails herein):

From: Christopher Philippo
Subject: SUNY Police: "Criminal impersonation in the first degree"?
Date: November 26, 2012 at 4:31:41 PM EST
To: Bruce McBride <bruce.mcbride@suny.edu>

Dear Commissioner McBride,

By what legal and constitutional authority is J. "Frank" Wiley the Chief of the University at Albany Police Department?

I have trouble understanding how J. "Frank" Wiley could possibly have met the legal and constitutional requirements of N.Y. CIV. SERV. LAW §§ 58 (1) and (1-b), N.Y. EXEC. LAW § 840 (2) and N.Y. CONST. Art. 5, § 6. In 1996 he was appointed chief of UAlbany's peace officers at age forty, at which time he was said to be a Baltimore, Maryland public schoolteacher:

"University Appoints New Police Chief; Former U. of Maryland Chief Takes Reins." University Update 20(1). September 4, 1996. http://www.albany.edu/updates/1996/9-4/otherarticles.html

How could he have taken the police exam competitively in New York prior to age thirty-nine when he hadn't even applied in New York until he was forty, for example? How was he appointed directly to chief without working his way up through the ranks? Did he meet, and has he continued to meet the requirements regarding moral character, physical fitness, etc.? He likewise seems to have violated numerous sections of the SUNY Police Manual, as I've indicated in prior e-mails and can further document. How, then, has he continued to hold that job? His predecessor was forced to retire, unwillingly, at age fifty-five. Mr. Wiley's older than that now.

I was also informed by the NYS Department of State in response to a FOIL request that there's no Oath of Office on file with the Secretary of State for Mr. Wiley for 1996, the year he was hired, or for 1999 to present. I didn't have them check 1997 or 1998; both years would have been legally too late to file for 1996. Would that not put him in violation of the SUNY procedure item requirement "Oath of Office" http://www.suny.edu/sunypp/documents.cfm?doc_id=546 and New York State law? "NYS Civil Service Law §62 requires that 'every person employed by the state or any of its civil divisions, except an employee in the labor class,…shall take and file' the following oath: […] The oath or statement of every state employee must be filed in the office of the secretary of state."

Mr. Wiley has seemingly thus vacated his office under N.Y. PUB. OFF. LAW § 30 (1) (h) and the legal precedent in People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 which states of the New York Public Officers Law that:

"This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 days after notice of appointment or within 15 days after the commencement of the term of office, the office becomes vacant, ipso facto. That is all there is to it. No judicial procedure is necessary. No notice is necessary. Nothing is necessary. The office is vacant, as much so as though the appointee is dead. There is no incumbent, and the vacancy may be filled by the proper appointive power".

N.Y. PUB. OFF. LAW § 30 (1) (h) and People ex rel. Walton v. Hicks might help explain the August 3, 2012 University at Albany e-mail and the Certified Mail sent by United States Postal Service postmarked August 7, 2012, both by University at Albany judicial administrator Clarence L. McNeill, prohibiting me to communicate with anybody at the University at Albany other than Mr. McNeill for any purpose, via any means, for the rest of my life - and at a time when I was no longer a student, having graduated in May 2012. That had been sent very soon after I'd initially tried filing an August 2, 2012 FOIL request for Oaths of Office at UAlbany. That FOIL request had been a short list of requests that had included Mr Wiley's Oath of Office.

Mr. McNeill lied in the attachment to that e-mail, and in the letter he sent through the federal mail. For example, he wrote, "The offices responsible for handling requests for documents, including student records, have complied with your requests." That was a demonstrably, objectively false statement. University at Albany offices have not complied with a number of my requests, including that August 2, 2012 one which the Records Access Officers did not even acknowledge receiving, despite being legally required to do so. If he can prove they complied with my requests, he's welcome to try. For example, I'd requested from one of UAlbany's Records Access Officers this: "the written University at Albany policy that reports of retaliation should NOT be made to the Director of Conflict Resolution and Civic Responsibility but to some other office (see below quotes)."

The relevant quotes were:

Retaliation is an intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking or intimate partner violence, pursues legal recourse for such a complaint, or participates in any manner in the investigation of such a report. Any act of retaliation is prohibited and is subject to judicial referral. Information on how to report retaliation is found in Appendix J. [bold emphasis in original]
http://www.albany.edu/studentconduct/prohibited_conduct.shtml

Any threat of retaliation or other attempts to prevent the reporting of sexual misconduct will be prohibited and is subject to disciplinary action. Reports of retaliation should be made to the Director of Conflict Resolution and Civic Responsibility (518-442-­5501) and/or the Associate Director of Residential Life/Quad Supervisor (518-442­-5875) who will assist in filing a complaint for university disciplinary action. [bold emphasis added]

Definition: Retaliation is an intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking or intimate partner violence, pursues legal recourse for such a complaint, or participates in any manner in the investigation of such a report. Any act of retaliation is prohibited and is subject to judicial referral. [bold emphasis in original]

http://www.albany.edu/studentconduct/appendix-j.shtml

"That would not be reported to me."- Director of Conflict Resolution and Civic Responsibility Clarence L. McNeill, "RE: retaliation?" December 9, 2011 12:44:30 PM EST. E-mail from Clarence L. McNeill to Chris K. Philippo and cc'd by Clarence L. McNeill to [Christopher K. Philippo's mother]. [bold emphasis added]

Lisa A. Taylor's June 28, 2012 10:29 AM response simply dropped off that item, though she still had my original request for it below her response. In the absence of any other evidence, one must conclude that Mr. McNeill was lying to me and lying to my mother when he claimed that retaliation is not reported to him since the only policy I can find regarding retaliation and who it is to be reported to states quite clearly that it is reported to him.

The rest of Ms. Taylor's response was not much better, nor her other responses. The same is true of other offices; I'd first requested a copy of my own Student File from the Registrar's Office in January 2012, and I did not receive it until June 2012. The Registrar's office might be said to have complied with my request in the end, but they hadn't complied with any of my requests up until the very last one. If they had been compliant from the very start as they were in fact obligated to be, I would not have had to repeat the request over their continual obstructionist responses and it would have saved all parties involved a lot of trouble.

Mr. McNeill cc'd that August 3, 2012 e-mail (which refers to the above December 9, 2011 communication) to Mr. Wiley, who is evidently backing Mr. McNeill's orders concerning me off the record. That's evident because Mr. Wiley had denied, in response to a prior FOIL request, that UPD had any orders from Mr. McNeill concerning me at a time when Mr. McNeill claimed that UPD did have them and were enforcing them. Mr. McNeill has continued to maintain that UPD has and UPD is enforcing his orders concerning me, and since he cc'd Mr. Wiley it does seem that is the case, even though UPD had previously denied it in writing.

When I'd filed nearly the same FOIL request with the Department of State, it did not occasion from them the same threats and lies that Mr. McNeill chose to send me. I would not think prior restraint on freedom of speech, inquiry, association, movement etc. without due process to be remotely legal or constitutional, would you? The prohibitions Mr. McNeill sent me have remained in effect, as far as I know, even after the U.S. Department of Education sent George M. Philip a letter reminding him that retaliation is prohibited. I'm pretty sure they meant that to refer to past or ongoing retaliation (like Mr. McNeill's) as much as any new act of retaliation, but seemingly Mr. Philip did not interpret it that way? Mr. McNeill, by writing me what he did, and the others by receiving it and not contesting it - have any of them upheld their Oath of Office to the New York and United States constitutions (assuming they made such oaths), would you suppose?

If Mr. Wiley does not meet the legal and constitutional requirements to be a police officer, and if he automatically vacated his office back in 1996 and/or 1999 by failing to have filed his constitutionally-required Oath of Office with the NYS Secretary of State as legally required, would that put him in violation of N.Y. PEN. LAW § 190.26 (1) and (2), "Criminal impersonation in the first degree"?

"A person is guilty of criminal impersonation in the first degree when he:
"1. Pretends to be a police officer […], or wears or displays without authority, any uniform, badge or other insignia or facsimile thereof, by which such police officer […] is lawfully distinguished or expresses by his or her words or actions that he or she is acting with the approval or authority of any police department […]; and
"2. So acts with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony"

If he did not meet the requirements of N.Y. CIV. SERV. LAW §§ 58 (1) and (1-b), N.Y. EXEC. LAW § 840 (2) and N.Y. CONST. Art. 5, § 6 (and I fail to see how he could possibly have met them), has not met requirements of the SUNY Police Manual, and since he does not have his Oath of Office on file with the NYS Secretary of State (the Department of State wrote me that he does not), is he not pretending to be a police officer without authority? Does he not act with intent to induce others to submit to such pretended authority, etc.? If he was exempted from those requirements, where is the evidence that he was exempted and by whose authority?

At present, I'm prohibited by Mr. McNeill from contacting UPD or from filing a FOIL request with UPD to obtain documents or statements from them which would indicate if they really have his demands concerning me (including ones they'd previously denied having). I may not even contact the police to clarify certain points in those demands; does it refer to people physically at the university or employed at the university regardless of where they are, for example. Is Mr. McNeill the "agent of the President" true of his relationship to Mr. Philip when Mr. Philip does not seem to have an Oath of Office on file with the NYS Secretary of State? Will Mr. McNeill be the "agent of the President" for Dr. Jones come January 2013? I've been threatened with (seemingly) a lawsuit for harassment if I were to try - a threat which is itself a form of harassment against me.

Do the University's "interests" really include prohibiting students to communicate with the university police or to make use of FOIL with the properly designated Records Access Officers? Prohibiting graduates of the University to contact the Registrar for their own official transcript, or communicate with the Career Services Center, or with faculty and staff for references, etc.? In many ways, it's now as if I never graduated; all that time and tuition, effectively stolen.

Mr. Wiley, to the best of my knowledge, is among the best-paid of SUNY police chiefs, and is paid more than City of Albany Chief Krokoff and Albany County Sheriff Apple are paid. Both Krokoff and Apple serve larger populations and have far stronger credentials. In spite of being paid comparatively so well, Mr. Wiley recently seems to have been in consideration for a job in Illinois:

"Christensen was selected for the position after a nationwide search led by the Hollins Group, which is the firm that assisted in the search leading to Barbara O’Connor’s hiring in 2008.
"The search turned out three finalists: Christensen and two candidates from outside of the University. Frank Wiley, chief of police at the University of Albany and Penny Fischer, police inspector at Michigan State were the other two finalists. A committee headed by Renee Romano, vice chancellor of student affairs, chose to recommend Christensen for the job."
Vazquez, Steven. "Christensen named University police chief." Daily Illini. June 10, 2012. http://www.dailyillini.com/article/2012/06/christensen_named_university_police_chief

Is Mr. Wiley in fact thinking of leaving the University at Albany and leaving the state of New York entirely? If he's thinking of leaving the state and leaving the state's employ, it might be better to raise questions with him before he does leave. I believe the Lyall family, more than anyone else, deserve at least that.

Thank you for any help you can provide,

Christopher K. Philippo

---

"For those who stay curious, there are always new frontiers." — Jello Biafra

<end e-mail>

Mr. McBride didn't respond to that e-mail. He shows a remarkable lack of concern with respect to just about everything I've reported to him or asked him.

Forwarded message (note that it went to Rex Smith, the editor of the newspaper published by the President of the Board of Directors of the University at Albany Foundation):

From: Christopher Philippo
Subject: official word on SUNY Police & firearms violations?
Date: May 17, 2013 at 5:24:06 PM EDT
To: John King <jking@mail.nysed.gov>, Nancy Zimpher <nancy.zimpher@suny.edu>, Bruce McBride <bruce.mcbride@suny.edu>, Rex Smith <rsmith@timesunion.com>, Scott Waldman <swaldman@timesunion.com>, Sarah Hinman <shinman@timesunion.com>, Kate Barry <barry@nysenate.gov>, Louis Corsi <LCorsi@townofbethlehem.org>, Chief Steven Krokoff <officeofthechief@albany-ny.org>, Craig Apple <Craig.Apple@albanycounty.com>, "IAFFAIRS@troopers.ny.gov" <IAFFAIRS@troopers.ny.gov>, PISTOLPT@troopers.ny.gov [and others]

"Sunday night's incident apparently induced panic as many students cowered in their dorm rooms in fear, while some crouched in corners and said prayers after reports about a gunman on campus began to circulate around 8:20 p.m. At 9:30 p.m. the school finally sent out an email notifying students that the gunman was actually an off-duty law enforcement officer who was there to move a family member out of the Livingston Tower dorm. […] No official word on why the law enforcement officer felt it necessary to wear a weapon while moving his child out of the dorm. Although it's apparently legal for an off-duty officer to carry a weapon, Luntta said he was not sure if the man's possession of the gun on campus was a violation of school policy" (bold emphasis added)
Waldman, Scott. "Campus Notebook: Tense moments for UAlbany students." Albany Times Union. May 16, 2013. http://www.timesunion.com/local/article/Campus-Notebook-Tense-moments-for-UAlbany-4523960.php

Tsk, tsk, Luntta…

"The rules of the State University Board of Trustees (8 NYCRR §535.3 (j)) prohibit the possession of air guns, firearms, rifles, shotguns or other weapons on a state-operated campus of the University without the written authorization of the campus president."

"No air gun, firearm, rifle, shotgun or weapon may be possessed, stored, discharged, loaded or used on property owned or leased by the University unless the person in possession of said device meets the requirements set forth in these administrative procedures. The president of each state-operated campus may, in accordance with the provisions of section 590.3 of the rules of the University Board of Trustees (8 NYCRR § 590.3), grant written authorization to students, faculty, staff or other persons to permit the possession and storage of air guns, firearms, rifles, shotguns and weapons on campus only where such possession is required or permitted for the purposes specified in said section. When authorized, they will be stored unloaded in an appropriately secured area within or under the control of the University police department of each state-operated campus."

"When authorization is given to University police officers to carry firearms on duty, the weapon to be carried shall be state-owned and approved by the campus president. Only an officially issued firearm will be carried at any time on duty."

"Firearms on State-operated Campuses" policy item http://www.suny.edu/sunypp/documents.cfm?doc_id=367

535.3 (j) "No person, either singly or in concert with others, shall: […] Knowingly have in his possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer; whether or not a license to possess the same has been issued to such person" http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf

"Firearms, Rifles, Airguns and Shotguns." 8 NYCRR Part 590 http://www.suny.edu/sunypp/documents.cfm?doc_id=116
http://www.suny.edu/sunypp/documents.cfm?doc_id=96

See also sections of the SUNY Police Manual, e.g. 70.02, 70.03, 75.11, etc. http://www.suny.edu/sunypp/documents.cfm?doc_id=364

No doubt Lunta gets paid very well for what he does, and "Chief" J. "Frank" Wiley, et al.

Whistleblowing isn't enjoyable, but whistleblowers can't give up or else the problems tend to persist or worsen. Clean up the problems, please?

Christopher K. Philippo [...]

[end e-mail]

Prior e-mails to the newspaper published by the President of the Board of Directors of the University at Albany Foundation regarding J. "Frank" Wiley were also unproductive.

Begin forwarded message:

From: "Christopher Philippo"
Subject: "Man charged in lewd behavior case at UAlbany": Correction
Date: February 15, 2013 at 12:10:05 AM EST
To: Paul Nelson <pnelson@timesunion.com>, Teresa Buckley <tbuckley@timesunion.com>, Rex Smith <rsmith@timesunion.com>

"A 23-year-old man has been arrested by University at Albany police for allegedly committing lewd acts in the physical education building, a statement from Chief Frank Riley said.
"The unidentified man, who Riley said has no ties with the university, was arrested Tuesday."
"Man charged in lewd behavior case at UAlbany." Albany Times Union. February 14, 2013: D11 col 3.

The "Chief" of University at Albany Police goes by J. "Frank" Wiley, not "Riley" as the Times Union twice identified him in Thursday's newspaper; you might wish to check his name and then correct that in print. As for him being "Chief," you might want to verify that too.

Christopher Korey Philippo
Glenmont, New York

---

"the safety of our students and the security of our campuses is our top priority."
"Statement from Governor Andrew M. Cuomo." governor.ny.us. September 14, 2012. http://www.governor.ny.gov/press/091412stmtsunythreats

“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok

[end e-mail]

Begin forwarded message:

From: Christopher Philippo
Subject: "Chief" J. "Frank" Wiley [Re: "Man charged in lewd behavior case at UAlbany": Correction]
Date: February 18, 2013 at 1:55:33 PM EST
To: "Buckley, Teresa" <TBuckley@TimesUnion.com>

On Feb 18, 2013, at 12:34 PM, "Buckley, Teresa" <TBuckley@TimesUnion.com> wrote:

we had no reason to change Frank Wiley’s title from chief because it’s correct.

A straightforward answer, and I can respect that. A straightforward question: is that an assumption on the part of the Times Union or is it a statement based on evidence? The latter was what I was hoping to find.

Not being a lawyer myself, I can't be absolutely certain, but it had seemed to me that Mr. Wiley might not be chief for the following reasons, somewhat hastily written and not very easily put in digest form:

On August 2, 2012 I'd filed a FOIL request with UAlbany for Mr. Wiley's Oath of Office. I never received an acknowledgement of my FOIL request, but I was e-mailed a threat the next day from UAlbany that I may not communicate with (among others) their Records Access Officers. I'm pretty sure there's no provision in FOIL for issuing such threats?

There's a SUNY Oath of Office procedure item requirement http://www.suny.edu/sunypp/documents.cfm?doc_id=546 , citing N.Y. CIV. SERV. LAW § 62, N.Y. EDUC. LAW § 3002, and N.Y. Const. Art. 13 § 1. Both the SUNY webpage and the N.Y. EDUC. LAW § 3002 even state, "These oaths or statements must be available for public inspection" and "Such oaths or statements shall be available for public inspection" - seemingly FOIL would not even be required to obtain them. The latter also states "It shall be unlawful for an officer, person or board having control of the employment, dismissal or suspension of teachers, instructors or professors in such a school, college, university or institution, to permit a person to serve in any such capacity therein in violation of the provisions of this section."

I resubmitted the August 2, 2012 request not to UAlbany (since I'd been threatened about that) but to the NYS Department of State, and the DoS wrote me that Mr. Wiley has no Oath of Office on file for 1996 when he was hired, or 1999 when SUNY police were promoted from peace officers to police officers. Mr. Wiley would seemingly thus have vacated his office back in 1996 under N.Y. PUB. OFF. LAW § 30 (1) (h) and the legal precedent in People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 which states of the New York Public Officers Law:

"This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 days after notice of appointment or within 15 days after the commencement of the term of office, the office becomes vacant, ipso facto. That is all there is to it. No judicial procedure is necessary. No notice is necessary. Nothing is necessary. The office is vacant, as much so as though the appointee is dead. There is no incumbent, and the vacancy may be filled by the proper appointive power".

According to N.Y. EDUC. LAW § 3002 it would also seem to have been unlawful to employ him as an instructor, should he indeed lack an Oath of Office on file as required, as the NYS Department of State informed me that Mr. Wiley did indeed lack for his 1996 appointment. However, Mr. Wiley has been an instructor at the university:

"Chief J. Frank Wiley has taught the undergraduate course 'Law and African America' here at the University at Albany since 1998." http://www.albany.edu/studentsuccess/assessment/docs/Divisional%20AR%2007-08%20Compiled.pdf

The NYS Division of Criminal Justice Services wrote me that Mr. Wiley "has not completed any training, including basic training, reported to DCJS".

On November 28, 2012 I'd filed a FOIL request with SUNY system administration for "the oath of office card and Division of Criminal Justice form 2214A" for Mr. Wiley, which SUNY should have since the SUNY Police Manual §10.01 states, "Upon the swearing in of a new officer, the officer’s oath of office card and Division of Criminal Justice form 2214A shall be forwarded to the Office of University Police within three working days." SUNY did not fulfill the request.

Had you found any evidence he'd sworn and filed his Oath of Office in 1996 with the NYS Secretary of State as required? Any evidence he's legally and constitutionally qualified to be a Chief of Police or a university instructor?

How could J. "Frank" Wiley have met the legal and constitutional requirements of N.Y. CIV. SERV. LAW §§ 58 (1) and (1-b), N.Y. EXEC. LAW § 840 (2) and N.Y. CONST. Art. 5, § 6? In 1996 he was appointed chief of UAlbany's peace officers at age forty, at which time he was said to be a Baltimore, Maryland public schoolteacher; the UAlbany department became full officers by NYS legislative act in 1999, when he was forty-three. Don't officers have to take the NYS police exam prior to age thirty-nine, demonstrate merit, moral, and physical fitness, work their way up through the ranks to become chief, etc.?

With the NYS Police Academy right next door to UAlbany, choosing a Maryland schoolteacher was perhaps not only a strange choice but an offensive one. Plenty of men and women who've worked their way up through the ranks in New York would have been far more qualified and deserving of the highly-paid job.

SUNY Albany had hired Mr. Wiley after Oberlin College in Ohio had rejected his application for employment that same year (after the Oberlin Review had initially reported he'd been hired). Evidently he wasn't interested in remaining in Maryland? Prior to that he'd been Director of Public Safety for the University of Maryland Eastern Shore for a short period of time, during which he somehow also found time to also be the Assistant Coach for the Lady Hawks women's basketball team there, which UMES tells me he must have been doing on a voluntary basis. His resume is decidedly weak for a number of other reasons as well. Appointing him in the wake of the campus shooting by Ralph J. Tortorici was perhaps not the wisest of appointments.

Mr. Wiley's under the impression, among other things, that the University at Albany has something called the "office of Student Rights and Responsibilities" and he believed that a fraudulent document with his own name on it that he'd acknowledged the UAlbany Police did not have as the document itself claimed was somehow not a police matter, but a matter for that fictitious office.

From: Wiley, J. Frank
Sent: Saturday, May 19, 2012 5:16 AM
To: Philippo, Christopher K
Subject: Re: OK, so the December 9, 2011 cease and desist order I was sent is fake…?

Sir. Given the nature of your concerns i [sic] suggest you contact the office of Student Rights And Responsibilities [sic]. This [sic] office is the more appropriate outlet for your concerns. I will forward your concerns to that office. With respect to your desire to submit corrects [sic] i [sic] will forward your communication to the appropriate person who will contact you. Chief Wiley

Of course, nobody ever contacted me about the corrections or amendments I wanted made. Why I was addressed as "Sir," I don't know, but the biggest questions for me are why he didn't see it as a police matter, and why he believed there was something called the "office of Student Rights And Responsibilities."

I'm not sure if his tendency to use a lower case "i" to refer to himself was a poetic conceit (he doesn't go by j. "frank" wiley, so I'd guess not), or just a small manifestation of a seeming larger tendency on his part to be extremely sloppy about his work. The sloppy work of the UAlbany police is something the Times Union to its credit has repeatedly reported about, though it has unfortunately not tended not to follow up on such stories to any great degree. Mr. Wiley wouldn't be the only SUNY police "chief" with such issues, it would seem, according to people who certainly ought to know:

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

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, "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

With Mr. Wiley having been a "former high level athlete" who'd played "years of high impact sports," perhaps his injuries were not limited to the painful arthritis he appears to have given testimony about to a Massachusetts massage parlor? http://www.bmt.massagetherapy.com/testimonials
http://www.usamassagetherapist.com/business/berkshire-massage-therapy

I'm not sure what all sports are considered "high impact": football, basketball, soccer, lacrosse, field and track I'd guess. Mr. Wiley has the stocky physique of an ex-football player, and is publicly known to be a big fan of the sport.

"Study finds chronic brain damage in retired football players." L.A. Times. January 22, 2013.
http://www.latimes.com/news/science/sciencenow/la-sci-sn-cte-concussion-nfl-proteins-20130122,0,6280878.story

A checkup might be in order, should anybody care about the man's health, aside from other concerns about his performance of the job and the impact on others of his actions or inaction. After all, Mr. Wiley's past the age at which his predecessor Chief(?) Williams was forced, unwillingly, to retire.

In addition to that, SUNY Police Manual §20.09 also indicates that "All members of the department shall maintain good physical condition so that they can handle strenuous physical contacts that may be required of a university police officer." SUNY Police Manual § 1.13 states that members of the department are "Duly appointed university police personnel in the department, either in professional or classified services, including sworn and unsworn personnel." Mr. Wiley's painful arthritis and mobility problems, if still an issue, and his seeming obesity, would appear to put him in violation of 20.09, regardless of whether he swore and filed an Oath of Office with the NYS Secretary of State or not.

The Times Union used to pay the SUNY Albany police to do security for the N.Y. Giants' football training camp at UAlbany. Mr. Hearst is the President of the Board of Directors of the University at Albany Foundation. To investigate or not investigate the question of whether Mr. Wiley is really, legitimately, "chief" poses a challenge of journalistic ethics, or at least so it seems to me; I'm hoping the Times Union is up for it? I think the public could only respect the Times Union for having that high a level of journalistic integrity, or at least I'd like to think so.

The Times Union cares about student safety and campus security, I trust; I certainly do.

Thanks,

Christopher Korey Philippo
Glenmont, New York

---

“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok

---
"Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" 20 U.S.C. § 1092(f) (17)

"Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection."

[end e-mail]

Mr. Wiley, an ex-coach, ex-athlete, football fan was hired around the same time the University at Albany acquired the NY Giants football training camp and was transitioning from Division III athletics to Division II then Division I, and the UAlbany "Police" appear to have been paid extra by the Times Union (directly or indirectly) for doing security for the NY Giants. The Times Union has not tended to be very good about mentioning their potential conflicts of interest when covering UAlbany athletics, UAlbany Police, or UAlbany in general.

"The Times Union will pay $158,000 to the University at Albany for maintenance and security for the 1997 training camp […] Because the Times Union covers the University at Albany, its sports programs and the Giants summer camp, there's a possibility for conflict of interest, said [Times Union publisher Timothy] White. We simply talk about this a lot and do our darndest to prevent it,' he said. […] University at Albany President Dr. Karen Hitchcock said no university money will be used to offset the costs to have the Giants train at the university."
Bryce, Jill. "Giants camp gets new backers." Daily Gazette [Schenectady, NY]. July 19, 1997: B6. http://news.google.com/newspapers?id=OFlGAAAAIBAJ&sjid=5ugMAAAAIBAJ&pg=1199%2C4241076

"The University at Albany Department of Public Safety was the primary law enforcement agency for the New York Giants' professional football training camp held at Albany in July and August of 1996. […] The hiring of temporary security officers assisted the University in providing 24 hour/day security for the Giants' work and living areas […] University Public Safety Officers staffed all Giants practices and meals. They worked with the Giants Organization in providing reasonable access to fans, while at the same time maintaining the security and safety of the players. The University and the Capital District community have described the Giants training camp as having been a great success."
"New York Giants Football." Dept. of Public Safety. SUNY Albany. Ca. 1996. http://web.archive.org/web/19970802165356/http://www.albany.edu/public_safety/whtsnew.html

Others SUNY system administration are no better about responding or helping; again, the below is only a fraction of the number of people I've tried contacting for help. It doesn't even seem to matter what specific matter their help is sought in; firearms violations, UAlbany Police not maintaining their sexual offender registry, threats sent to me and my mother, etc.

Begin forwarded message:

From: "Ellermann, Marti" <Marti.Ellermann@suny.edu>
Subject: RE: UAlbany Concerns raised in October 12th e-mail
Date: November 5, 2012 at 9:56:43 AM EST
To: "Abbruzzese-Werling, Nedra" <Nedra.Werling@suny.edu>, [Christopher K. Philippo]
Cc: "Thayer, Janet" <jthayer@albany.edu>, "Reilly, John (Univeristy at Albany)" <jreilly@albany.edu>

At some point, need to stop responding.

Marti Anne Ellermann
Deputy General Counsel
Office of General Counsel
State University of New York
SUNY Plaza
Albany, New York 12246
marti.ellermann@suny.edu
518-320-1306

[e-mail she was responding to above, which she'd included, redacted here but available if desired]

Begin forwarded message:

From: "Ellermann, Marti" <Marti.Ellermann@suny.edu>
Subject: RE: UAlbany Concerns raised in October 12th e-mail
Date: November 5, 2012 at 10:05:01 AM EST
To: "Abbruzzese-Werling, Nedra" <Nedra.Werling@suny.edu>, [Christopher K. Philippo]
Cc: "Thayer, Janet" <jthayer@albany.edu>, "Reilly, John (Univeristy at Albany)" <jreilly@albany.edu>

I suggest no response.

Marti Anne Ellermann
Deputy General Counsel
Office of General Counsel
State University of New York
SUNY Plaza
Albany, New York 12246
marti.ellermann@suny.edu
518-320-1306

[e-mail she was responding to above, which she'd included, redacted here but available if desired]

Contacting others with respect to Mr. Wiley, whether mentioning his name or not, proves unproductive. The number of people I've tried contacting for help at SUNY system administration and elsewhere is considerable. All of them seem to be OK with public corruption, lack of transparency and accountability, threats.

Begin forwarded message:

From: "Christopher Philippo"
Subject: university police chief oversight
Date: July 12, 2012 at 3:10:04 PM EDT
To: "Schindler, David" <David.Schindler@suny.edu>

Thanks for your reply,

I had supposed that the chiefs of police of municipalities would still have someone in the police who they'd have to report to at the county or state level, so that actually does surprise me. Since it seems that is not the case, what if there is a question of whether a chief is properly following police procedures and laws or not? I don't think a civilian supervisor, without a background in law enforcement or in law, would be in any position to provide oversight for that. Would that be some sort of internal affairs division?

Sincerely,

Christopher K. Philippo
Glenmont, NY

On Jul 12, 2012, at 02:20 PM, "Schindler, David" <David.Schindler@suny.edu> wrote:

Christopher,

In response to your email dated 7/12/12 regarding who supervises a University Police Chief. Understand that each campus is its own hiring authority and each campus President is ultimately responsible for that hire. As far as a direct supervisor that varies by campus but is usually a Vice President. Yes they are supervised by a “civilian” but this is no different than a municipality as Police Chiefs answer to mayors and town supervisors. Each governmental unit is also under the direction of a civilian board be it a campus council or city board members. I hope this explains things to you and this has been helpful. If you have any questions please feel free to contact me.

Dave Schindler

<image001.gif>
David Schindler
Director of State University Police
The State University of New York
State University Plaza - Albany, New York 12246
Tel: 518.320.1600 Fax: 518.320.1549
Be a part of Generation SUNY: Facebook - Twitter - YouTube

[end e-mail]

Though I had responded to David Schindler’s invitation to contact him with questions, he didn’t respond. I tried again:

Begin forwarded message:

From: "Christopher K. Philippo"
Subject: Fwd: university police chief oversight
Date: July 17, 2012 at 3:58:15 PM EDT
To: David Schindler <David.Schindler@suny.edu>, "Robert J. Freeman" <coog@dos.ny.gov>

Resending query:

If the oversight for a university chief of police is a university official who is not elected like a mayor or a town supervisor, but is instead appointed/hired (by the university present?), and also is a university official who does not have a degree in law or law enforcement, is that really wholly analogous to the oversight provided by a mayor or town supervisor?

Is there an Internal Affairs division/bureau for a university police department under the umbrella of the New York State University Police?

Seems to me that there should not be "university police departments" but instead should be on-campus or near-campus substations of the city police with a deputy chief of police of the city police in charge. It would be less expensive, I think (topping off at a deputy chief salary instead of chief of police salary), and would also smoothen town/gown tensions. Just a thought.

Thank you for any help you can provide,

Christopher K. Philippo

Begin forwarded message:

From: "Christopher Philippo"
Subject: university police chief oversight
Date: July 12, 2012 3:10:04 PM EDT
To: "Schindler, David" <David.Schindler@suny.edu>

Thanks for your reply,

I had supposed that the chiefs of police of municipalities would still have someone in the police who they'd have to report to at the county or state level, so that actually does surprise me. Since it seems that is not the case, what if there is a question of whether a chief is properly following police procedures and laws or not? I don't think a civilian supervisor, without a background in law enforcement or in law, would be in any position to provide oversight for that. Would that be some sort of internal affairs division?

Sincerely,

Christopher K. Philippo
Glenmont, NY

On Jul 12, 2012, at 02:20 PM, "Schindler, David" <David.Schindler@suny.edu> wrote:

Christopher,

In response to your email dated 7/12/12 regarding who supervises a University Police Chief. Understand that each campus is its own hiring authority and each campus President is ultimately responsible for that hire. As far as a direct supervisor that varies by campus but is usually a Vice President. Yes they are supervised by a “civilian” but this is no different than a municipality as Police Chiefs answer to mayors and town supervisors. Each governmental unit is also under the direction of a civilian board be it a campus council or city board members. I hope this explains things to you and this has been helpful. If you have any questions please feel free to contact me.

Dave Schindler

<image001.gif>
David Schindler
Director of State University Police
The State University of New York
State University Plaza - Albany, New York 12246
Tel: 518.320.1600 Fax: 518.320.1549
Be a part of Generation SUNY: Facebook - Twitter - YouTube

[end e-mail]

David Schindler didn’t respond, having left the office as an automated reply indicated.

Begin forwarded message:

From: "Schindler, David" <David.Schindler@suny.edu>
Subject: Out of Office AutoReply: university police chief oversight
Date: July 17, 2012 at 3:58:29 PM EDT
To: "Christopher K. Philippo"

I will be out of the office from end of business on Friday 7/13 and will be returning Monday 7/30. Please contact Don Bryda at (518) 320-1600 if you require assistance.

[end e-mail]

Don Bryda responded only to indicate he couldn’t respond to the question and David Schindler would have to when he returned.

Begin forwarded message:

From: "Christopher K. Philippo"
Subject: Re: university police chief oversight
Date: July 19, 2012 at 10:19:52 AM EDT
To: "Bryda, Don" <Don.Bryda@suny.edu>

I suppose his response and your response in a way both actually already more than answer my question about whether there's any oversight.

Still, I am very interested to receive his answer sometime after he returns, over a week from now, on July 30, 2012,

Thanks,

Christopher K. Philippo

On Jul 19, 2012, at 9:00 AM, Bryda, Don wrote:

Dear Mr. Philippo,
I am responding to Director Schindler’s emails regarding Public Safety issues only while he is out of the office. Your question regarding University Police Policy, will need to be responded to by him, when he returns.
Regards, Don Bryda

From: Christopher K. Philippo
Sent: Tuesday, July 17, 2012 4:38 PM
To: brydade@sysadm.suny.edu; Bryda, Don
Subject: Fwd: university police chief oversight
Importance: High

Dear New York State University Police Emergency Services Director Don Bryda,

Director of State University Police David Schindler hadn't mentioned on the twelfth that he would be out of the office from the thirteenth to the thirtieth when he indicated I could contact him with any further questions. His away message indicated that people should please contact you if they require any assistance, which I do. I hope you might be able to help?


Thank you for any help you can provide,

Christopher K. Philippo

Begin forwarded message:

From: "Christopher K. Philippo"
Subject: Fwd: university police chief oversight
Date: July 17, 2012 3:58:15 PM EDT
To: David Schindler <David.Schindler@suny.edu>, "Robert J. Freeman" <coog@dos.ny.gov>

Resending query:

If the oversight for a university chief of police is a university official who is not elected like a mayor or a town supervisor, but is instead appointed/hired (by the university present?), and also is a university official who does not have a degree in law or law enforcement, is that really wholly analogous to the oversight provided by a mayor or town supervisor?

Is there an Internal Affairs division/bureau for a university police department under the umbrella of the New York State University Police?

Seems to me that there should not be "university police departments" but instead should be on-campus or near-campus substations of the city police with a deputy chief of police of the city police in charge. It would be less expensive, I think (topping off at a deputy chief salary instead of chief of police salary), and would also smoothen town/gown tensions. Just a thought.


Thank you for any help you can provide,

Christopher K. Philippo

[end e-mail]

Begin forwarded message:

From: "Christopher Philippo"
Subject: university police chief oversight
Date: July 12, 2012 3:10:04 PM EDT
To: "Schindler, David" <David.Schindler@suny.edu>

Thanks for your reply,

I had supposed that the chiefs of police of municipalities would still have someone in the police who they'd have to report to at the county or state level, so that actually does surprise me. Since it seems that is not the case, what if there is a question of whether a chief is properly following police procedures and laws or not? I don't think a civilian supervisor, without a background in law enforcement or in law, would be in any position to provide oversight for that. Would that be some sort of internal affairs division?

Sincerely,

Christopher K. Philippo
Glenmont, NY

On Jul 12, 2012, at 02:20 PM, "Schindler, David" <David.Schindler@suny.edu> wrote:

Christopher,

In response to your email dated 7/12/12 regarding who supervises a University Police Chief. Understand that each campus is its own hiring authority and each campus President is ultimately responsible for that hire. As far as a direct supervisor that varies by campus but is usually a Vice President. Yes they are supervised by a “civilian” but this is no different than a municipality as Police Chiefs answer to mayors and town supervisors. Each governmental unit is also under the direction of a civilian board be it a campus council or city board members. I hope this explains things to you and this has been helpful. If you have any questions please feel free to contact me.

Dave Schindler

<image001.gif>
David Schindler
Director of State University Police
The State University of New York
State University Plaza - Albany, New York 12246
Tel: 518.320.1600 Fax: 518.320.1549
Be a part of Generation SUNY: Facebook - Twitter - YouTube

[end e-mail]

David Schindler never responded when he returned, though.

I tried asking the former Assistant Vice Chancellor of University Police and Director of Public Safety Roger Johnson, who had left SUNY for RPI.

"Veteran law enforcement leader Roger Johnson has joined Rensselaer as the director of public safety. Johnson served as assistant vice chancellor for University Police for the State University of New York (SUNY) for the past eight years. In that capacity, he was responsible for the coordination of university police operations for the State University of New York campuses across the state. Under the direction of the chancellor and the SUNY Board of Trustees, he coordinated policies, procedures, hiring, and operational standards for each police department within the SUNY system. He was the primary contact for university police chiefs, community college directors of public safety, and the police and security unions, and he represented the university on law enforcement and safety legislation among external constituents.
“Prior to that statewide assignment with SUNY, Johnson served as the director of the State University of New York Police Academy"
"Director of Public Safety Named ." Inside Rensselaer 4(12). August 27, 2010. http://www.rpi.edu/about/inside/issue/v4n12/safety.html

Begin forwarded message:

From: Christopher Philippo
Subject: Current Assistant Vice Chancellor of University Police and Director of Public Safety?
Date: September 28, 2012 at 4:25:16 PM EDT
To: Roger Johnson <johnsr9@rpi.edu>, "Jeffrey D. Klein" <stavisky@senate.state.ny.us>, Toby Ann Stavisky <stavisky@senate.state.ny.us>, "George D. Maziarz" <maziarz@nysenate.gov>, "Diane J. Savino" <savino@senate.state.ny.us>, Alexandra Stewart-Cousins <scousins@senate.state.ny.us>

I am hoping that one of you might be able to inform me who the current Assistant Vice Chancellor of University Police and Director of Public Safety is.

Likewise, I am hoping that one of you might be able to tell me if there is something like an "Internal Affairs" for SUNY police departments, as well as what person or agency provides oversight for SUNY police departments outside of the individual universities themselves. If there is an issue with a university police department, where it does not seem possible to resolve them at the university level, to whom may students, staff, faculty, the media, the public, etc. turn?

Thank you for any help you can provide,

Christopher K. Philippo

---

"For those who stay curious, there are always new frontiers." — Jello Biafra

[end e-mail]

Roger Johnson didn’t respond, nor did the others.

Begin forwarded message:

From: Christopher Philippo
Subject: current Assistant Vice Chancellor of University Police; contradictory Campus Security Authorities under Clery Act?
Date: September 28, 2012 at 4:37:10 PM EDT
To: David Schindler <David.Schindler@suny.edu>, Don Bryda <don.bryda@suny.edu>

An Albany County Sheriff's Office Investigator tried to find out for me what person or agency provides oversight for SUNY police departments, i.e. a sort of Internal Affairs and/or a person or agency outside of the individual university. He was unable to find out anything, but was certain there must be such.

I've put out some other queries as well. While I'd tried asking you before: I still wonder if you might be able to help?

Is there a Assistant Vice Chancellor of University Police and Director of Public Safety at present, and if so a means of contacting him/her? Does that position provide that sort of oversight?

I am concerned, for example, about the fact that the Campus Security Authorities under the Clery Act are not consistently identified:

The Clery Act report http://police.albany.edu/ASR.shtml on page 21 and http://police.albany.edu/CSA.shtml (c) 2009 and also http://police.albany.edu/Clery/CleryTrainingSlideShow.ppt identify them as

• Vice Provost for Undergraduate Education
• Professional staff in Student Success except Student Health Center and Counseling Center staff
• Senior staff in the Office of Human Resource Management
• Academic Advisors in Advisement Services Center Undergraduate Studies (ASC/US) and Educational Opportunity Program (EOP)
• Professional staff in Athletics, including coaches

Regarding "Professional staff in Student Success except Student Health Center and Counseling Center staff": I am not 100% sure what "professional staff" are: salaried employees as opposed to hourly or temp staff, I'm supposing. I've added red highlighting to charts of the Office of Student Success:

The Coordinated Response for Sexual Assault on page 5 athttp://www.albany.edu/counseling_center/sarc/docs/SA%20PROTOCOL%20ammended%2012-10-09.pdf (evidently dated October 9, 2012) identifies CSAs as staff in

• Residential Life
• Student Life
• University Police
• Conflict Resolution and Civic Responsibility
• Athletics
• Undergraduate Studies
• Affirmative Action

The Student Code of Conduct Appendix J at http://www.albany.edu/studentconduct/27173.php (c) 2012 and page 32 ofhttp://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf (evidently dated October 28, 2011) identifies CSAs as staff in:

• Residential Life
• Student Involvement & Leadership
• University Police
• Conflict Resolution and Civic Responsibility
• Athletics
• Undergraduate Studies
• Diversity and Inclusion

Which of the three different lists of Campus Security Authorities is the correct one?

There is actually a fourth, implied by an alternate chart dated June 2010 (it puts Multicultural Student Success under Conflict Resolution and Civic Responsibility, whereas the other chart does not). It's unclear if it precedes or supersedes the June 17, 2010 one since it omits the day of the month:

It's not clear to me why the Vice Provost for Undergraduate Education (who is also the Dean for Undergraduate Education) would be a CSA while the Dean for Graduate Studies does not appear to be a CSA.

It would be nice if the previous annual reports were available online as well?

John M. Murphy is the Clery Act Compliance Officer.

There's also a Campus Clery Committee, but it doesn't appear to list its members, minutes, or reports (if any) online? The only member I know of is Cynthia A. Riggi, Assistant Vice President for Student Success http://www.albany.edu/studentsuccess/cynthia-riggi.shtml "She also is a member of many campus wide committees, most notably the President’s Advisory Council on the Prevention of Sexual Assault and the Campus Clery Committee."

Those charts both being two years and several months old now, the organizational chart and the names within it may have changed without having been updated yet. I'm supposing "Cynthia Brady" is Cynthia A. Riggi's maiden name, indicating that both organizational charts are indeed outdated and in need of revision.

Thank you for any help you can provide,

Christopher K. Philippo

[end e-mail]

David Schindler didn’t respond, and Don Bryda didn’t respond apart from an automated reply from Don Bryda:

Begin forwarded message:

From: "Bryda, Don" <Don.Bryda@suny.edu>
Subject: Out of Office AutoReply: current Assistant Vice Chancellor of University Police; contradictory Campus Security Authorities under Clery Act?
Date: September 28, 2012 at 4:37:31 PM EDT
To: Christopher Philippo

I am currently out of the office and have limited email access. If you require urgent assistance please call Ann Flaherty at (518) 320-1600. Thank you, Don

[end e-mail]

Begin forwarded message:

From: "Christopher Philippo"
Subject: NYS Assistant Vice Chancellor of University Police?
Date: October 2, 2012 at 7:19:10 PM EDT
To: ann.flaherty@suny.edu

Dear Ms. Flaherty,

I was hoping to find out who the current NYS Assistant Vice Chancellor of University Police is. I had tried searching:

"assistant vice chancellor for university police" site:suny.edu

I found that it had been Roger Johnson up to perhaps 2010, but I don't know if a new person was ever hired to fill the vacancy?

NYS Library Reference thought perhaps you might know [I’d e-mailed them and they’d suggested her]; I hope you will be able to help.

Thanks,

Christopher K. Philippo

[end e-mail]

Ann Flaherty didn’t respond.

Begin forwarded message:

From: Schindler David <David.Schindler@suny.edu>
Subject: RE: current Assistant Vice Chancellor of University Police; contradictory Campus Security Authorities under Clery Act?
Date: September 28, 2012 at 4:37:32 PM EDT
To: Christopher Philippo

Dave Schindler has resigned from SUNY to take a position at RPI. Karren Bee-Donohoe, Director of the Office for Capital Facilities will be handling the responsibilities of the Office for University Police until a replacement is hired. Your message has been forwarded to Karren, but in the future you may contact Karren directly at karren.bee-donohoe@suny.edu or 518-320-1894

[end e-mail]

Begin forwarded message:

From: Christopher Philippo
Subject: current Assistant Vice Chancellor of University Police; contradictory Campus Security Authorities under Clery Act?
Date: September 28, 2012 at 4:50:30 PM EDT
To: Karren Bee-Donohoe <karren.bee-donohoe@suny.edu>

An Albany County Sheriff's Office Investigator tried to find out for me what person or agency provides oversight for SUNY police departments, i.e. a sort of Internal Affairs and/or a person or agency outside of the individual university. He was unable to find out anything, but was certain there must be such.

I've put out some other queries as well. While I'd tried asking you before: I still wonder if you might be able to help?

Is there a Assistant Vice Chancellor of University Police and Director of Public Safety at present, and if so a means of contacting him/her? Does that position provide that sort of oversight?

I am concerned, for example, about the fact that the Campus Security Authorities under the Clery Act are not consistently identified:

The Clery Act report http://police.albany.edu/ASR.shtml on page 21 and http://police.albany.edu/CSA.shtml (c) 2009 and also http://police.albany.edu/Clery/CleryTrainingSlideShow.ppt identify them as

• Vice Provost for Undergraduate Education
• Professional staff in Student Success except Student Health Center and Counseling Center staff
• Senior staff in the Office of Human Resource Management
• Academic Advisors in Advisement Services Center Undergraduate Studies (ASC/US) and Educational Opportunity Program (EOP)
• Professional staff in Athletics, including coaches

Regarding "Professional staff in Student Success except Student Health Center and Counseling Center staff": I am not 100% sure what "professional staff" are: salaried employees as opposed to hourly or temp staff, I'm supposing. I've added red highlighting to charts of the Office of Student Success:

The Coordinated Response for Sexual Assault on page 5 athttp://www.albany.edu/counseling_center/sarc/docs/SA%20PROTOCOL%20ammended%2012-10-09.pdf (evidently dated October 9, 2012) identifies CSAs as staff in

• Residential Life
• Student Life
• University Police
• Conflict Resolution and Civic Responsibility
• Athletics
• Undergraduate Studies
• Affirmative Action

The Student Code of Conduct Appendix J at http://www.albany.edu/studentconduct/27173.php (c) 2012 and page 32 ofhttp://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf (evidently dated October 28, 2011) identifies CSAs as staff in:

• Residential Life
• Student Involvement & Leadership
• University Police
• Conflict Resolution and Civic Responsibility
• Athletics
• Undergraduate Studies
• Diversity and Inclusion

Which of the three different lists of Campus Security Authorities is the correct one?

There is actually a fourth, implied by an alternate chart dated June 2010 (it puts Multicultural Student Success under Conflict Resolution and Civic Responsibility, whereas the other chart does not). It's unclear if it precedes or supersedes the June 17, 2010 one since it omits the day of the month:

It's not clear to me why the Vice Provost for Undergraduate Education (who is also the Dean for Undergraduate Education) would be a CSA while the Dean for Graduate Studies does not appear to be a CSA.

It would be nice if the previous annual reports were available online as well?

John M. Murphy is the Clery Act Compliance Officer.

There's also a Campus Clery Committee, but it doesn't appear to list its members, minutes, or reports (if any) online? The only member I know of is Cynthia A. Riggi, Assistant Vice President for Student Success http://www.albany.edu/studentsuccess/cynthia-riggi.shtml "She also is a member of many campus wide committees, most notably the President’s Advisory Council on the Prevention of Sexual Assault and the Campus Clery Committee."

Those charts both being two years and several months old now, the organizational chart and the names within it may have changed without having been updated yet. I'm supposing "Cynthia Brady" is Cynthia A. Riggi's maiden name, indicating that both organizational charts are indeed outdated and in need of revision.
[...]

Thank you for any help you can provide,

Christopher K. Philippo

---

“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok

[end e-mail]

Karren Bee-Donohoe didn’t respond.

Begin forwarded message:

From: "Christopher Philippo"
Subject: current NYS Assistant Vice Chancellor for University Police?
Date: October 9, 2012 at 11:02:31 AM EDT
To: R. Bruce McBride <rmcbrid@utica.edu>

I was hoping you might know who the current NYS Assistant Vice Chancellor for University Police and Director of Public Safety is?

(I saw that you had once held that office.)

Thank you for any help you can provide,

Christopher K. Philippo

[end e-mail]

R. Bruce McBride didn’t respond, but soon thereafter he was re-appointed to the position he himself had formerly held, though the position was inexplicably renamed “Commissioner of University Police” - a poor choice of name, since it had been proposed that SUNY should do away with Police Chiefs and replace them with a single Commissioner and that is not what happened.

Begin forwarded message:

From: "Christopher Philippo"
Subject: appointment as Commissioner of University Police; SUNY procedures and policies
Date: November 14, 2012 at 11:16:31 PM EST
To: pp.PublicSafety@sysadm.suny.edu, R. Bruce McBride <rmcbride@utica.edu>

"R. Bruce McBride Appointed Commissioner of University Police." US Fed News. (October 16, 2012 Tuesday 6:52 PM EST ): 565 words. LexisNexis Academic. Web. Date Accessed: 2012/11/15.

"R. Bruce McBride Appointed Commissioner of University Police." October 16, 2012.
http://www.suny.edu/sunynews/News.cfm?filname=10.16.12McBrideAppointedCommissionerofUniversityPolice.htm

Glad to learn the office is no longer vacant and that an old hand's back in charge. David Schindler's unexpectedly joining his predecessor Roger Johnson at RPI was frustrating in its timing. Has the name of the office reverted to the Assistant Vice Chancellor for University Police and Public Safety, or is it still the Director of NYS University Police as it seems to have been during Mr. Schindler's brief tenure?

An Albany County Sheriff's Office Investigator tried to find out for me what person or agency provides oversight for SUNY police departments, i.e. a sort of Internal Affairs and/or a person or agency outside of the individual university. He was unable to find out anything, but was certain there must be such. I've put out some other queries as well. I wonder if you might be able to help?

You might wish to review SUNY procedures and policies for which the University Police is identified as the "responsible office." Some of them may turn up with the Internet search terms:

"responsible office" "university police" site:suny.edu

For example:

"Firearms on State-operated Campuses" http://www.suny.edu/sunypp/documents.cfm?doc_id=367

There's several issues with the "Firearms on State-operated Campuses" policy item:

I) Bad links to New York Code of Rules and Regulations on SUNY.edu

Following links results in browser providing "Problem loading page" message "Unable to connect". The problem is probably due to "test" appearing where "www" should be:

A) "Board of Trustees Rules - Maintenance of Public Order (8NYCRR Part 535)" http://test.suny.edu/sunypp/documents.cfm?doc_id=96

B) "Firearms - Rifles - Airguns - Shotguns (8 NYCRR Part 590)" http://test.suny.edu/sunypp/documents.cfm?doc_id=116

II) Bad links to findlaw.com: "The requested page could not be found on this server."

A) "Education Law § 355 (2) (l)" http://caselaw.lp.findlaw.com/nycodes/c30/a15.html
B) § 10 http://caselaw.findlaw.com/nycodes/c82/a5.html
C) § 35 http://caselaw.findlaw.com/nycodes/c82/a12.html
D) § 265 http://caselaw.findlaw.com/nycodes/c82/a68.html
E) § 265.1 http://caselaw.lp.findlaw.com/nycodes/c82/a68.html
F) § 400 http://caselaw.lp.findlaw.com/nycodes/c82/a72.html

III) "New York State Consolidated" perhaps ought to read "New York State Consolidated Laws"

IV) The word "use," as in e.g. "Department Response to the Use of a Firearm by a University Police Officer," is somewhat ambiguous and yet there is no definition of "Use" under the "Definitions" section. Firearms on State-operated Campuses § II (E) states in part, "No air gun, firearm, rifle, shotgun or weapon [...] may be used, loaded, fired or discharged", which would seemingly make "using" something distinct from or broader than "firing." "Firing" and discharging seem to be distinct, as the former may indicate intent while the latter may refer to accidental firing due to human or mechanical error. At any rate, "used" is separated from those words by "loaded," further indicating a distinction.

I suspect the issues with other policies and procedures might be similar.

• "Appointment/Removal & General Duties, Guidelines for Police Officers." http://www.suny.edu/sunypp/documents.cfm?doc_id=365
• "Campus Safety Advisory Committees, Establishment of." http://www.suny.edu/sunypp/documents.cfm?doc_id=366
• "Campus Security Policy and Campus Crime Statistics Reporting." http://www.suny.edu/sunypp/documents.cfm?doc_id=447
• "Display of the Flag." http://www.suny.edu/sunypp/documents.cfm?doc_id=526
• "Emergency Response Plan Requirements." http://www.suny.edu/sunypp/documents.cfm?doc_id=584

Others mentioning the University Police, though not as the "Responsible Office":

• "Suspected Fraud or Irregular Activities, Procedures for" http://www.suny.edu/sunypp/documents.cfm?doc_id=79
• "Admission of Persons with Prior Felony Convictions or Disciplinary Dismissals.' http://www.suny.edu/sunypp/documents.cfm?doc_id=342
• "Rules for the Maintenance of Public Order." http://www.suny.edu/sunypp/documents.cfm?doc_id=351
• "Bargaining Agreements, State Collective." http://www.suny.edu/sunypp/documents.cfm?doc_id=545

The SUNY Police Manual could also stand to be updated in several ways.

There's far more serious matters to raise, but perhaps it's best to see if you take the above as the constructive advice it's intended to be or if you take it as something best ignored (as several SUNY administrators tend to receive such information).

Best regards,

Christopher Korey Philippo
Glenmont, New York

---

“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok

[end e-mail]

R. Bruce McBride didn’t respond.

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The only degree "Chief" J. "Frank" Wiley has identified on his biographical page at the University at Albany http://police.albany.edu/Member2.asp?LName=Wiley&FName=J.%20Frank is one from Sojourner-Douglass in Baltimore, a college which *lost its accreditation*.

Wood, Pamela. "Sojourner-Douglass College loses bid to restore accreditation." Baltimore Sun. August 28, 2015. http://www.baltimoresun.com/news/maryland/education/bs-md-sojourner-ruling-20150828-story.html

Mr. Wiley supposedly has a summa cum laude 1989 degree from Sojourner-Douglass in Human Services. There were already indications of problems with that college at that time, e.g.:

"Sojourner failed to submit financial and compliance audits to OSFA of its administration of the NDSL, CWS, SEOG, GSL, and Pell Grant Programs for the 1982-84 and 1984-86 award years, (which were due by March 31, 1985, and March 31, 1987, respectively), until January 14, 1991, and also failed to submit such an audit of its administration of the Perkins, CWS, SEOG, GSL, and the Pell Grant Programs for the 1986-88 award years, (which was due by March 31, 1989)"
http://oha.ed.gov/cases/1990-61-st.html

At the time he was hired as chief for SUNY Albany, he was not even employed as a police officer in Maryland. He was allegedly a teacher for the Baltimore City Public Schools. It's unclear why that would have made him the top candidate for chief at SUNY Albany rather than someone who distinguished himself or herself by rising through the ranks with distinction in a law enforcement department in New York.

I would recommend that DCJS require SUNY to report training to DCJS, rather than assume that SUNY would properly ensure all relevant training when there is essentially no oversight - particularly when the lack of oversight for SUNY Police has been documented as a problem.