certification of training for University at Albany Police Department Chief James "Frank" 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:

* Certification of completion of training in a course of law enforcement training approved by the municipal police training council in consultation with the university pursuant to N.Y. EDUC. LAW § 355 for James F. "Frank" Wiley.
* Removal of Police Officer form for James F. "Frank" Wiley (if any)

The C2686-1098 - Appointment/Removal of Police Officer form for James F. Wiley signed by then-UAlbany President Karen Hitchcock (prior to her resignation; see, e.g.: Baker, Al and Michael Slackman. "Questions at SUNY Albany on Why Ex-President Left." N.Y. Times. February 26, 2005. http://www.nytimes.com/2005/02/26/nyregion/26ethics.html ) indicates that Mr. Wiley "in accordance with Section 355 of the Education Law is appointed [...] as police officer at assigned institution of the State University of New York." https://muckrock.s3.amazonaws.com/foia_files/201308071531.pdf

N.Y. EDUC. LAW § 355 in relevant part:
“The state university trustees are further authorized and empowered, subject to the provisions of the plan or general revisions thereof proposed by the state university trustees as approved by the regents pursuant to section two hundred thirty-seven of this chapter: [...] To appoint university police officers who shall have the powers of police officers and to remove such police officers at pleasure; provided, however, that any person appointed a police officer must have satisfactorily completed or complete within one year of the date of his appointment a course of law enforcement training approved by the municipal police training council in consultation with the university.”

“An employee designated and appointed as police officer shall have completed at the time of his or her designation and appointment, or shall complete within one year of the date of his or her designation and appointment as a police officer, a course of law enforcement training approved by the Municipal Police Training Council (MPTC) in consultation with the University. Failure to complete this training within the time required will result in loss of police officer status and loss of authority to exercise police officer powers.”
SUNY "Appointment/Removal & General Duties, Guidelines for Police Officers" policy item
https://www.suny.edu/sunypp/documents.cfm?doc_id=365

As such, it would seem Mr. Wiley should have completed that training, or should have been removed if he did not. The Albany Times Union, published by the President of the Board of Directors of the University at Albany Foundation, did not specifically mention "a course of law enforcement training approved by the Municipal Police Training Council (MPTC) in consultation with the University" but did claim that Mr. Wiley claimed he has training and that he had completed a test that made him a police officer in the University at Albany's eyes and claimed that the DCJS concurs (although no employee of the DCJS was quoted to substantiate that claim):

"University at Albany Police Chief J. Frank Wiley says he has the training to back up his billing. His resume includes the Baltimore Police Department, where he worked as an officer for a year through October 1980, and the University of Maryland, where he climbed the ranks to become chief of UM's eastern shore. He was hired by UAlbany as chief in 1996 when its cops were considered peace officers. The UAlbany department became a police force a few years later. 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: [A3?].

Aside from the Albany Times Union being published by the President of the Board of Directors of the University at Albany Foundation, the Times Union had other potential conflicts of interest with respect to the University at Albany that do not seem to have been stated in James Odato's article.

"The Times Union will pay $158,000 to the University at Albany for maintenance and security for the 1997 training camp […] The Giants put the Capital Region on the map and hopefully in the big picture it will generate revenues. […] the Giants training camp fell short of economic expectations […] local business owners, who had hoped out-of-town Giants fans would spend money by eating, shopping and drinking locally, said last summer that business was much slower than expected. Many also said fans didn't come from great distances to watch the team practice. […] 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 […] "We simply talk about this a lot and do our darndest to prevent it" […] 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?nid=1957&dat=19970719&id=OFlGAAAAIBAJ&sjid=5ugMAAAAIBAJ&pg=1478,4239195

"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

"In an effort to broaden the scope of the University Police Department’s (UPD) community policing initiatives, the Great Dane Ride Along Program has been created. The concept was put into action by UPD Chief J. Frank Wiley and head football coach Bob Ford. The Program will bring together officers of UPD and members of the University’s football team. The players will ride on regular patrol with the officers in two hour shifts.
'The program will expose the students to some of the problems University Police Officers face every day and at the same time will expose the officers to some of our student-athletes,' Ford said. 'This is one of those things that only good can come from.'
"According to Wiley, both the players and the officers are excited about this opportunity and so far, approximately 60 players have volunteered to participate in the program. He added that special planning will be used to ensure that the program will not interfere with the players’ academic schedules. University Police officers assigned to Quad Liaison duties will coordinate the department’s efforts. The program took effect after spring break."
"Great Dane Ride Along Program." highLIGHTS. University Update 20(13). April 2, 1997. http://www.albany.edu/updates/1997/4-2/highlights.html

"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] Wiley said university police usually wait until after an arrest, and this was the first time in his 10 years at the school that they contacted prosecutors before an arrest. […] After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. 'I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,' he said. Wiley steered questions to his officers".
Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union.October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244

"University Police Department Chief Frank Wiley used to forum to defend UPD's procedure in arresting the two football players, reiterating the fact that they are not obligated to notify the D.A. when making an arrest because there is no set in stone procedure. Each case differs, according to Wiley.
"'There was no lapse in protocol because there is no protocol,' Wiley said at the forum".
Markovetz, Jessie. "Officials respond again." Albany Student Press. November 2, 2006.

"there are police chiefs in SUNY who are not mandating policer [sic] officers, certified, whatever. We have police chiefs that refuse to voluntarily give up their fingerprints"
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (108). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF

"SUNY police chiefs serve at the pleasure of the campus president, thus are motivated to keep crime stats down by any means […] SUNY can no longer afford to staff, or overstaff, a body, or overstaff, a body which is subject to inefficiencies, manipulation, cronyism, ill motivation and mismanagement."
Peter Barry, VP & Legislative Director of NYS University Police Officers Union Local 1792 of the American Federation of State County & Municipal Employees AFSCME, Council 82 & AFL-CIO. (127-128).
http://www.nysenate.gov/files/SUNY%20Testimony%20pt.%203.PDF

A FOIL request made to DCJS regarding Mr. Wiley's training did not turn up any records of his having completed any. A new request is being made in the event that records of training in connection with appointment as a police officer pursuant to N.Y. EDUC. LAW §355 are filed in some way such that they were not found pursuant to the December 7, 2012 FOIL request that had not cited that particular law.

[Begin excerpt of e-mail:]

From: "dcjs.sm.legal.foil" <dcjslegalfoil@dcjs.ny.gov>
To: [Christopher K. Philippo
Date: December 11, 2012 at 4:12:55 PM EST
Subject: FOIL request

Dear Mr. Philippo:

This is in response to your Freedom of Information Law request for specified records pertaining to Frank Wiley of the University at Albany University Police Department.

· Attached above [attachment not included in this January 2015 FOIL request - CKP] is Frank Riley’s Official Training Records Report (Report) which is responsive to your request. The Report reflects that Frank Wiley is registered as a Chief of SUNY University Police. He has been registered as such since 1999; therefore, the Division of Criminal Justice Services (Division) does not have a copy of his initial registry entry form (2214-A) as the retention schedule for such documents is 2 years.

Please be advised that the Division has no other records which would be responsive to your request. With regard to the additional records which you requested the following is noted:

· Chief Riley has not completed any training, including basic training, reported to DCJS. It is noted, however, that Executive Law §835, Civil Service Law §58, and General Municipal Law §209-q all allow police employers latitude in determining if the position of chief or other executive meets the definition of a “police officer” based on the nature of the duties.

· Civil Service Law §58 Law is not within the purview of the Division.

· Executive Law §840(2) references the Municipal Police Training Council’s authority to promulgate rules and regulations with respect to height, weight and physical fitness of police officer candidates (generally recruits). The rules for such testing apply to “entry-level police officers” and are codified in 9 NYCRR 6000. It does not appear that Chief Wiley was appointed as an entry-level police officer, therefore he is not subject to such requirements.

· Constitutional issues are outside the purview of the Division.

· Administration of an Oath of Office is also outside the purview of the Division.

Pursuant to POL §89(4)(a), you may appeal this determination within 30 days to the Counsel, Division of Criminal Justice Services, 4 Tower Place, Albany, NY 12203-3764.

Very truly yours,

Valerie Friedlander
Records Access Officer

From: Christopher Philippo [...]
Sent: Friday, December 07, 2012 1:16 PM
To: dcjs.sm.legal.foil
Subject: FOIL request

Dear Records Access Officer(s):

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request that you email all records dating from September 2011 to present that pertain to J. "Frank" Wiley of the University at Albany's University Police Department's:

• rank
• training credentials
• employment history
• Division of Criminal Justice form 2214A
• satisfaction of the legal requirements of N.Y. CIV. SERV. LAW § 58 (1) (a)
• satisfaction of the legal requirements of N.Y. EXEC. LAW § 840 (2)
• satisfaction of the constitutional requirements of N.Y. Const. art. 5, § 6
• exemption from the requirements of the SUNY procedure item requirement "Oath of Office" http://www.suny.edu/sunypp/documents.cfm?doc_id=546 and N.Y. CIV. SERV. LAW §62 to have an Oath of Office on file in "the office of the secretary of state" without vacating 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".

If all of the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and please supply the records without informing me if the fees are not in excess of $30.00 ($0.25 per page or actual cost of reproduction). If the fees are in excess of $30.00, please advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).

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.

As you know, the Freedom of Information Law and Personal Privacy Protection Law require that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

Sincerely,

Christopher K. Philippo
[end excerpt from e-mail]

"At DCJS, our core agency functions include criminal history checks, fingerprint operations, coordination of grant funds, providing timely information, public safety, law enforcement training, breathalyzer and speed enforcement equipment repair, accreditation of police departments and forensic laboratories, Uniform Crime Reporting, research, hosting criminal justice boards and commissions, providing information to criminal justice agencies and institutions, and hosting other criminal justice agencies." http://www.criminaljustice.ny.gov/crimnet/about.htm

The UAlbany Police Department under Mr. Wiley, evidently for years, did not maintain its campus sexual offender registry.

• 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

For anyone who can count to two without making an error, those are some pretty glaringly obvious problems on each individual registry - aside from the glaringly obvious problem that there shouldn’t have been two different ones online at the same time. However, during the time that Mr. Wiley's police department was NOT maintaining the sexual offender registry, Mr. Wiley (and then-UAlbany Clery Act Compliance Officer John M. Murphy) signed off on reporting to the federal government falsely claims that Mr. Wiley's police department WAS maintaining it.

"The Sex Offender Registration Act requires the Division of Criminal Justice Services (DCJS) to maintain a Sex Offender Registry. [...] The University at Albany maintains on the UPD website a listing of any registered sexual offenders reported to the University as being enrolled, attending or employed at the University."
Annual Security & Fire Safety Report For CY 2012
https://web.archive.org/web/20140404112919/http://police.albany.edu/ASR.pdf
Annual Security & Fire Safety Report For CY 2011
https://web.archive.org/web/20130217082407/http://police.albany.edu/ASR.pdf
Annual Security & Fire Safety Report For CY 2010
https://web.archive.org/web/20120514050352/http://police.albany.edu/ASR.pdf
etc.

The older of the two erroneous sexual offender registries was not removed, and the one dated 2009 was not fixed, until I persisted in repeatedly reporting it at the local, county, state, and federal level. Whether the registry is currently accurate is anyone's guess, given the UAlbany Police Department's history with it. The tally of offenders was removed, saving members of the department the apparent difficulty of counting small numbers without making a mistake. The html code for the copyright date at the bottom of registry page was changed so that the year would automatically display as the current one, regardless of whether the registry has been updated in the current year or not. A visitor to the page has no way of knowing when it was last updated and is left to risk assuming that "© 2015 University at Albany" means it was last updated in 2015.

DCJS gave the University at Albany Police Department under Mr. Wiley a special accreditation while there were the above issues with the sexual offender registry - among other serious problems. http://www.criminaljustice.ny.gov/ops/accred/accredited-agencies.htm

Whether Mr. Wiley is properly trained and complying with state and federal laws ought to be very much within DCJS' purview, no? Likewise, any state employee who's made an Oath of Office like "I do hereby pledge and declare that I will support the constitution of the United States, and the constitution of the State of New York" presumably has an interest in upholding that pledge. If Mr. Wiley does not, if he would receive a threat of coercive prior restraint on freedom of speech, freedom of inquiry, freedom of association, freedom of movement, etc. without due process, e.g.:

"Effective immediately, you are hereby notified that you are to cease and desist all contact with any office, department, unit or employee at the University other than me. As of this date, the University has designated me as your sole contact for all written and oral communication with the University, including, but not limited to, telephone calls and messages, emails, and mailed and faxed correspondence. I will determine when and if your communications will be addressed by the University. [...] This decision may only be reconsidered by me as the agent of the President of the University. If you continue to contact others at the University, the University may consider your actions to constitute harassment, and consult with local authorities about the University’s options to protect its interests. Thank you."

...and if Mr. Wiley were not to support the state and federal constitutions instead of supporting the undermining of them by a threat such as the above, that would seem to be problematic. Any public officers who've taken an Oath of Office to support a state and/or federal constitution who would do nothing about the author(s) of a threat such as the above or those backing such a threat would not seem to be acting in accordance with their oath.

"Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom. ‘The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.’ Shelton v. Tucker, supra, at 487. The classroom is peculiarly the ‘marketplace of ideas.’ The Nation’s future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth ‘out of a multitude of tongues, [rather] than through any kind of authoritative selection.' United States v. Associated Press, 52 F. Supp. 362, 372. In Sweezy v. New Hampshire, 354 U. S. 234, 250, we said: "'The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. No field of education is so thoroughly comprehended by man that new discoveries cannot yet be made. Particularly is that true in the social sciences, where few, if any, principles are accepted as absolutes. Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.’”
Keyishian v. Board of Regents of Univ. of State of NY, 385 US 589, 603 (1967)

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