Mismanagement of crime tips concerning SUNY Albany

Christopher Philippo filed this request with the New York State Police of New York.
Status
Rejected

Communications

From: Christopher Philippo

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 concerning the identification, location, and interview of the "Man [who had been] sought as a possible witness" in the disappearance of Suzanne Lyall
* Records concerning updates to the New York State Police's "Missing" webpage for Suzanne Lyall
* Records concerning the handling of the November 26, 2012 9:04:43 PM EST e-mail subject line "Missing: Suzanne G. Lyall NIC #M103085795" to nysvicap@troopers.ny.gov

Since at least March 3, 2004 the webpage
https://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0
https://web.archive.org/web/20120504065637/http://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0 has stated that there is a "Man sought as a possible witness"

A 2010 article about the case Crimesider staff. "Suzanne Lyall Missing Since 1998 After Leaving Her Job." CBS News. May 26, 2010. https://web.archive.org/web/20100529052353/http://www.cbsnews.com/8301-504083_162-20006008-504083.html? appears to indicate that the man had been identified, located, and questioned, in which case he is presumably no longer sought and the webpage ought to be updated. My November 26, 2012 9:04:43 PM EST e-mail made that observation (also noting the gross mismanagement by the SUNY Albany Police of their sexual offender registry over the course of several years and the mishandling of the reporting of the number of applications to SUNY Albany by felons), but I received no reply and the webpage was not updated. E-mails to crimetip@troopers.ny.gov concerning crime at SUNY Albany similarly have gone unanswered with the crimes seemingly going unaddressed, which is a cause for some concern.

From: "Christopher Philippo" [...]
Subject: Missing: Suzanne G. Lyall NIC #M103085795
Date: November 26, 2012 at 9:04:43 PM EST
To: nysvicap@troopers.ny.gov

http://www.fbi.gov/wanted/kidnap/suzanne-g.-lyall/view
http://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0

Is the "Man sought as a possible witness" at the above Division of State Police webpage the same one said to have been identified and questioned in the following article?

Crimesider staff. "Suzanne Lyall Missing Since 1998 After Leaving Her Job." CBS News. May 26, 2010. http://www.cbsnews.com/8301-504083_162-20006008-504083.html

From the two pages, it does sound like it is the same man:

"At about 4 p.m. on March 3, 1998, Lyall's ATM card was used at the Stewart's Store located on the corner of Manning Boulevard and Central Avenue, Albany, NY. At about this same time the individual appearing in the composite picture, left, made a purchase at the counter inside the store. He is a black male, with a medium/muscular build approximately 30 years old, 6-foot tall,wearing a mid-length 'Carhart' type jacket and a dark baseball cap with the 'Nike' swoosh symbol on the front."

"New York State Police Senior Investigator John Camp said that there was one customer, an African-American male, who used the ATM at around the same time that they eventually located. After questioning this 'person of interest', Camp said that "the indication is that he was not involved," although they could not definitively rule him out."

If it is the same man, the troopers.ny.gov page could stand to be updated. Can he be publicly identified or is that not possible for privacy reasons? Did he have any connection to the University at Albany?

A number of other webpages also state that the man who used the ATM has not been identified, including http://www.charleyproject.org/cases/l/lyall_suzanne.html - despite that page having an even more recent age-progression picture of Suzanne Lyall than the one the Division of State Police has. The webmasters for such independent pages could all stand to be notified if the man's identity is actually no longer being sought.

I wish I had something specific about the Lyall case to offer as a lead. I do have something more general which might be of assistance: the problematic nature of both the University at Albany Police Department and the University at Albany's judicial affairs office, the Office of Conflict Resolution and Civic Responsibility. I think every member of that department and that office might deserve to be questioned anew, even the ones who were not there in 1998 since they may have heard things about the case from those who were. In particular if you have nothing else new to go on, it might be worth your while.

I'll send that information separately, if it would be of interest. For now, I'll note that UPD used to have a page for their "ongoing investigation" into Suzanne Lyall's 1998 disappearance. See e.g. the following archived page from 2004: http://web.archive.org/web/20040220055124/http://www.albany.edu/public_safety/ciu.html

They later had one at http://police.albany.edu/2ColPage.asp?PageSName=SL but it was orphaned (i.e. not linked from any active pages) and out-of-date, and they deleted it relatively recently. I don't know if they intend to create a new, up-to-date page that will be linked from an active page or not.

A 2006 archive of that page may be found at http://web.archive.org/web/20060901231522/http://police.albany.edu/2ColPage.asp?PageSName=SL (note that they had her name misspelled in the right sidebar as "Suzan Lyall"). http://police.albany.edu/2ColPage.asp?PageSName=SL now redirects to UPD's main page, like the older of the two outdated, erroneous Sexual Offender Registries they'd simultaneously had online for years:

• Sexual Offender Registry #1

"© 2009 University at Albany" http://police.albany.edu/SOR2.shtml

Where it had been the case that 3=4=6: "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

They deleted the quite obviously erroneous tally after it had been online for presumably three years and after I'd been reporting it for over a month, but as of today, the page is still dated 2009 (in light grey, lower left); line 374 of the html source code for the page is "<p>&copy; 2009 University at Albany</p>". I have my doubts about whether everyone listed is really still at the university, and whether sex offenders who were at the university after 2009 were added as they should have been.

Fixing that might take one of the department's over sixty members less than a minute. It could take a little longer (but still a matter of minutes) if they took the time to contact the Division of Criminal Justice Services to double-check that everyone who should be listed is listed and that the information is correct, and that nobody is listed who should not be listed. Why hasn't that happened yet?

What would be far better than a copyright date would be a date indicating when the page was last updated and last checked, and information indicating who was responsible for last updating and checking it. I think the federal Campus Sex Crimes Prevention Act and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act require the registry, so detailed information regarding its proper maintenance would not seem at all unreasonable.

• Sexual Offender Registry #2

No date (probably circa 2007-2008) http://police.albany.edu/2ColPage.asp?PageSName=SOR2 (it now redirects to UPD's homepage).

Where it had been the case that 2=3: "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

Akin to the University at Albany's longstanding disregard for anything resembling proper maintenance of their Sexual Offender Registry, there's seemingly been a similar disregard for reporting the number of "convicted felons who are seeking admission to the university." The last two times that information was reported that I've found online had been 2000-2001 and 2001-2002:

http://www.albany.edu/studentsuccess/assessment/docs/AR%202000-01%20-%20FINAL.pdf
http://www.albany.edu/studentsuccess/assessment/docs/AR%202001-02%20-%20FINAL.pdf

The latter improperly copied and pasted the former, and thus omitted the new statistics it should have included. Unscrambling the decidedly disorderly way the statistics had been provided in those documents, one obtains:

1996: 6
1997: [not stated]
1998: 20
1999-2000: 21
2000-2001: 28
2002-future: "we must assume that this significant increase will continue"

One would have preferred that they would have offered more specifics about the nature of the felonies, how many of those felons were admitted after they'd applied, why they were admitted, etc. The number of felons who had been admitted and the nature of their felonies for 1997, the year prior to Suzanne Lyall's disappearance, in particular might have been useful to provide. Did the University at Albany indeed stop reporting that information online, as seems to be the case? If so, why?

To return to the matter of the Suzanne Lyall webpage that had been at http://police.albany.edu/2ColPage.asp?PageSName=SL , you can see for the time being where the Suzanne Lyall page was still linked recently (September 11, 2012) from another page UPD had been failing to maintain, one about their Criminal Investigations Unit: http://webcache.googleusercontent.com/search?q=cache:fhs1MhCrltwJ:police.albany.edu/2ColPage.asp I'd guess it was deleted sometime between October 19, 2012 and November 2, 2012.

I hope that information might prove of some little use to you.

Sincerely,

Christopher K. Philippo [...]
[end of quoted e-mail]

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

---
N.Y. PUB. OFF. LAW § 84 "The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government.
"As state and local government services increase and public problems become more sophisticated and complex and therefore harder to solve, and with the resultant increase in revenues and expenditures, it is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible.
"The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article."

From: PIO

Mr. Philippo,

I have forwarded your request to our FOIL unit.

Thank-you,

Public Information Office
New York State Police
1220 Washington Ave.,
Building 22
Albany, N.Y. 12226-2252
(518) 457-2180
www.facebook.com/nyspolice
www.twitter.com/@nyspolice

>>> Christopher Philippo <requests@muckrock.com>
3/9/2014 10:27 PM >>>

March 9, 2014
New York State Police
New York State Police
1220 Washington Avenue
Building 22
Albany, NY 12226-2252

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 concerning the identification, location, and interview of
the "Man [who had been] sought as a possible witness" in the
disappearance of Suzanne Lyall
* Records concerning updates to the New York State Police's "Missing"
webpage for Suzanne Lyall
* Records concerning the handling of the November 26, 2012 9:04:43 PM
EST e-mail subject line "Missing: Suzanne G. Lyall NIC
#M103085795" to nysvicap@troopers.ny.gov

Since at least March 3, 2004 the webpage
https://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0

https://web.archive.org/web/20120504065637/http://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0
has stated that there is a "Man sought as a possible witness"

A 2010 article about the case Crimesider staff. "Suzanne Lyall Missing
Since 1998 After Leaving Her Job." CBS News. May 26, 2010.
https://web.archive.org/web/20100529052353/http://www.cbsnews.com/8301-504083_162-20006008-504083.html?
appears to indicate that the man had been identified, located, and
questioned, in which case he is presumably no longer sought and the
webpage ought to be updated. My November 26, 2012 9:04:43 PM EST e-mail
made that observation (also noting the gross mismanagement by the SUNY
Albany Police of their sexual offender registry over the course of
several years and the mishandling of the reporting of the number of
applications to SUNY Albany by felons), but I received no reply and the
webpage was not updated. E-mails to crimetip@troopers.ny.gov concerning
crime at SUNY Albany similarly have gone unanswered with the crimes
seemingly going unaddressed, which is a cause for some concern.

From: Christopher Philippo

Thank you.

I note that in the program "Disappeared: Final Exam" http://www.imdb.com/title/tt2321176/combined it was stated that the “Nike Man" was identified in February 1999. It would seem to serve the Lyalls, the public, and the "Nike Man" himself no good to continue to represent him on their website as unidentified if in fact he was identified, located, and questioned fifteen years ago.

Caption: ”February 1999 Albany, NY”
Narrator: “Nearly a year after Suzy’s disappearance, prominent billboards and continued news coverage provoke a solid lead in the case. Investigators have finally found the elusive 'Nike Man', the unidentified customer at the convenience store who police say could have used Suzy’s ATM card.”
New York State Police Senior Investigator John Camp: ”We had numerous, many, many calls. Two or three people identified one particular subject who we located and admitted to us he was the 'Nike Man', that he was in the store that day.”
Narrator: “But after an extensive interview, police are struck with yet another disappointment.”
Camp: “At this point there is no credible evidence that we have found that links him to Suzanne’s disappearance.”
Disappeared: Final Exam http://www.youtube.com/watch?v=zNLyaEGoiow

From: FoilUnit

Dear Mr. Philippo,

Reference is made to your request for records, received at this office on March 10, 2014, pursuant to the requirements of Article 6 of the Public Officers Law (Freedom of Information).

Please be advised that your request is presently under review. A written response will be sent to you in approximately 20 business days from the date of this correspondence.


Sincerely,

Lieutenant Glenn R. Miner
Records Access Officer
New York State Police
Central Records Bureau

This e-mail, including any attachments, may contain highly
sensitive and confidential information.

It is intended only for the individual(s) named.

If you received this e-mail in error or from someone who was not
authorized to send it to you, do not disseminate, copy or otherwise
use this e-mail or its attachments. Please notify the sender
immediately by reply e-mail and delete the e-mail from your
system.

From: Christopher Philippo

Thanks for letting me know that a written response will be sent in approximately 20 business days from March 17, 2014.

In the meantime, it would be nice to see https://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0 finally get updated. There's no reason why that should take more than a minute.

From: Christopher Philippo

New York State 13th Annual Missing Persons Day is April 5, 2014: http://www.hope4themissing.org/news.php

It would be nice to see https://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0 finally get updated. There's no reason why that should take more than a minute.

From: Christopher Philippo

Years ago, Captain John Byrne of the Criminal Investigation Bureau of the New York State Police “said 20 psychics have contacted police with their theories about the disappearance.
”Byrne said the police are taking the information seriously and following up on it when warranted.”
Bryce, Jill. "No luck in search for Lyall; Disappearance still very much a mystery." Daily Gazette [Schenectady, NY]. March 18, 1998: B4 col 6. http://news.google.com/newspapers?nid=1960&dat=19980318&id=9olGAAAAIBAJ&sjid=pukMAAAAIBAJ&pg=2633,4015216

Why would fact-based information about the need to update https://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0 be ignored?

From: Christopher Philippo [...]
Subject: e-mails go unanswered; missing person website goes without update
Date: April 2, 2013 at 2:41:03 AM EDT
To: IAFFAIRS@troopers.ny.gov, Jeffrey D. Klein <jdklein@senate.state.ny.us>

I'd written nysvicap@troopers.ny.gov about a missing person webpage which seems to need an update; it indicates a person is being sought as a witness, while a news article indicates the person being sought as a witness was identified, located, and questioned years ago. I never received a response and the webpage hasn't been updated.

E-mails sent to Fabio R. Auffant II <FAuffant@troopers.state.ny.us>, Joseph M. Donohue <JDonohue@troopers.state.ny.us>, Casey Quinlan <CQuinlan@troopers.state.ny.us>, and crimetip@troopers.ny.gov also have gone unanswered. I have found that all troubling. [...]

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: FoilUnit

Dear Mr. Philippo:

Reference is made to your correspondence received at this office on March 10, 2014 requesting records pursuant to the requirements of Article 6 of the Public Officers Law (Freedom of Information).

Due to the volume of requests received by the agency and/or the complexity of the records you seek, the processing of your request is taking longer than originally anticipated. You will be notified upon completion of our review within approximately twenty (20) business days. Your continued patience is appreciated.

Sincerely,
Lieutenant Glenn R. Miner
Records Access Officer
Central Records Bureau

This e-mail, including any attachments, may contain highly sensitive and confidential information.

It is intended only for the individual(s) named.

If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.

From: Christopher Philippo

Thanks. In the meantime, the so-called police department at SUNY Albany continues business as usual - since seemingly no law enforcement agency will even take a police report regarding them despite (among other things) the SUNY Albany Police filing false police reports, filing false Clery Act reports, etc. Why is that?

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

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Christopher Philippo

I hereby appeal the constructive denial of access regarding my request, which was made on March 9, 2014 and sent to the State Police.
The records that were denied include:
* Records concerning the identification, location, and interview of the "Man [who had been] sought as a possible witness" in the disappearance of Suzanne Lyall
* Records concerning updates to the New York State Police's "Missing" webpage for Suzanne Lyall
* Records concerning the handling of the November 26, 2012 9:04:43 PM EST e-mail subject line "Missing: Suzanne G. Lyall NIC #M103085795" to nysvicap@troopers.ny.gov
Lieutenant Glenn R. Miner stated, seemingly falsely, "You will be notified upon completion of our review within approximately twenty (20) business days." No such notification by the State Police has been provided to me via Muckrock. The lack of concern of the State Police regarding the mismanagement of crime tips and the lack of concern of the State Police regarding their spreading misinformation for years about the Suzanne Lyall case is *extremely disturbing*. They did update their webpage for her, but I am not aware of any public explanation that has been provided with respect to why the State Police were spreading misinformation about the case for so long, or of any efforts by the State Police to correct the misinformation in other places to which it spread from their webpage.
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

Sincerely,
Christopher K. Philippo

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Christopher Philippo

While http://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0 was updated, apparently due to my persistence in reporting the misinformation that the NYS Police had been spreading from that webpage for years, the misinformation the NYS Police had been spreading for years from that webpage still exists on other webpages.

Do the NYS Police have any intention of at least attempting to have that misinformation they'd been spreading for years corrected elsewhere?

"man sought as possible witness"
http://lostfacesofthemissing.blogspot.com/2009/03/monday4-missing-suzanne-lyall.html
https://www.facebook.com/LostNMissingInc/posts/735531203127441
http://doenetwork.org/cases/2293dfny.html
http://somanymissingpersons.wordpress.com/2009/03/02/suzanne-lyall-19-missing-from-guilderland-new-york/
http://sweetcardomom.wordpress.com/emotional-abuse-a-prelude-to-violent-abuse/dedicated-to-the-missing/
http://activelyaware.blogspot.com/2009/03/suzanne-lyall-monday4-missing.html
http://mothersarevanishing.blogspot.com/2009/03/suzanne-lyall-monday4-missing.html
http://25missingpersons.proboards.com/thread/1491
etc.

Do the NYS Police not feel any responsibility for the misinformation they'd been spreading for so many years? If not, why not?

Do the NYS Police think that if SUNY Albany had hired as university police chief someone who'd worked his or her way up through police ranks in NYS with distinction, rather than an ex-athlete, ex-coach, football fan who'd never so much as been a security guard in New York, that perhaps Suzanne Lyall might never have disappeared, or her disappearance would have been solved by now, or at the very least the SUNY Albany Police would still have a webpage for her case like the NYS Police and FBI do? The deletion of the outdated page the SUNY Albany "Police" once had for her, where they'd misspelled her name in the sidebar and never bothered to correct it, remains unexplained by SUNY Albany. http://web.archive.org/web/20060901231522/http://police.albany.edu/2ColPage.asp?PageSName=SL

Police "Chief" J. "Frank" Wiley, when I contacted him for help regarding a threat I was sent in retaliation for my having reported sexual harassment at SUNY Albany, a threat in the form of a fraudulent cease and desist order which Wiley's own name appeared on as a recipient, did not see that threat and false document as a police matter. He instead claimed he'd forward my concerns to an office he named - despite no office by that name existing. When another threat was sent to me, Wiley was cc'd on it.

If SUNY Albany is willing to send threats by e-mail and United States Postal Service, to send threats to a student (who reported sexual harassment and retaliation) and to his mother, to continue sending threats even after a student graduates, then if SUNY Albany received information about other crimes (such as the disappearance of a student) is there any reason to think that SUNY Albany might not have ignored that information, refused to take a report, or intimidated witnesses in other cases as well?

https://www.muckrock.com/foi/new-york-16/alleged-police-officer-status-of-sunya-police-chief-wiley-10965/

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: FoilUnit

Please see the attached correspondence pertaining to your request for copies of records from the New York State Police.

This e-mail, including any attachments, may contain highly sensitive and confidential information.

It is intended only for the individual(s) named.

If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.

From: Christopher Philippo

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

Thank you for the September 29, 2014 response to my March 9, 2014 FOIL request. If it would be no trouble and would not be inappropriate, please forward the below to NYS Police Superintendent Joseph D'Amico. The FOIL unit needn't read it unless it must. No response from the FOIL unit is requested or required, though a response from Superintendent D'Amico is requested.

The State Police have indicated "the records located responsive to item 1 of your request were compiled for law enforcement purposes and, if disclosed, would interfere with an ongoing law enforcement investigation [...] Furthermore, disclosure of these records would constitute an unwarranted invasion of personal privacy". Item 1 had been "Records concerning the identification, location, and interview of the 'Man [who had been] sought as a possible witness' in the disappearance of Suzanne Lyall". It's unclear why redacted records would interfere with the investigation or would constitute an unwarranted invasion of personal privacy. The State Police having misinformed the worldwide public for so many years that there was a "Man sought as a possible witness" in a missing person investigation when in fact the man had been identified, located, and questioned, evidently in 1998, and no longer was sought as a possible witness - that might have tended to interfere with the investigation and to constitute unwarranted invasion of personal privacy more than a redacted response to a FOIL request could possibly do.

The NYS Legislature had declared, "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality." http://www.dos.ny.gov/coog/foil2.html#s84 Why had the State Police been spreading misinformation worldwide about a missing person case for so many years? Why was it determined that releasing redacted documents or statistics in relation to the State Police spreading misinformation worldwide about a missing person case for so many years not only might but actually "would interfere" with the "ongoing law enforcement investigation" and not only might but actually "would constitute an unwarranted invasion of personal privacy"?

The State Police further indicated "A search of our files failed to locate any records responsive to items 2 and 3 of your request." I had not expected almost seven months would be needed in order to fail to find any records responsive to those items, that almost seven months would be needed to be "responsive and responsible to the public".

Item 2 had been "Records concerning updates to the New York State Police's 'Missing' webpage for Suzanne Lyall". I'd asked due to the misinformation the State Police had been spreading worldwide for so many years via that webpage; I saw that as problematic. That the State Police evidently have not troubled themselves to keep records pertaining to the updating of a webpage for a missing person case might help explain, perhaps, why it is that webpage had been spreading misinformation for so many years and did not get corrected until I repeatedly tried bringing it to people's attention. One would suppose the man who had been sought as a possible witness might have himself at some point contacted the State Police to remind them that they had in fact already questioned him. It might be a good idea to start maintaining records about such things.

As for there being no records pertaining to item 3, i.e. "Records concerning the handling of the November 26, 2012 9:04:43 PM EST e-mail subject line 'Missing: Suzanne G. Lyall NIC #M103085795' to nysvicap@troopers.ny.gov" - an e-mail which noted (among other things) that the University at Albany Police had not been properly maintaining their sexual offender registry for years - the State Police might do well to keep records about things like that as well. Mismanaging crime tips concerning SUNY Albany by apparently ignoring the tips and not keeping records relating to them doesn't seem likely to improve matters at there - a problem given their multitude of unsolved missing persons cases, the "kegs and eggs riot," the gang rape by football players that University at Albany Police "Chief" J. "Frank" Wiley, an ex-athlete, ex-coach, football fan, chose not to report ASAP but instead chose not to report until the media did and they thereby forced his hand, etc.

"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

The above article also included this: "'Our special victims unit has investigators, victim's advocates and attorneys that go away for sexual assault training all over the country,' McEneny said. 'We know how to interview and investigate the crime scene. It's a good service.'" Mr. Wiley, for ten years at that point (perhaps more since), had chosen not to avail himself of those services that could potentially strengthen the case for the prosecution and potentially provide better victim services. With so few victims at UAlbany reporting crimes, and the majority of those reporting the crimes then for some reason declining to press charges, why wouldn't Mr. Wiley have been eager to do everything that could potentially strengthen the case for the prosecution and potentially provide better victim services?

"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. http://www.albanystudentpress.org/news/officials-respond-again-1.782232

The State Police might do well to note that University at Albany Police "Chief" J. "Frank" Wiley and Clery Act Compliance Officer John Murphy had claimed in the
"Annual Security & Fire Safety Report For CY 2012 Higher Education Opportunity Act (Clery Act)" dated September 2013 http://police.albany.edu/ASR.pdf (Archived by WebCite® at http://www.webcitation.org/6SxbE9lhO ) "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" (page 58 of 120).

As noted above, in 2012 (and for many years prior to that), the University at Albany had been grossly mismanaging its listing of registered sexual offenders on the UPD website:

"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

"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

Claiming in a report required by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act that the sexual offender registry was being maintained when it quite clearly was not being properly maintained is something I would have hoped the State Police might consider at least a little troubling, particularly at UAlbany given how many unsolved missing persons cases they have. It might be a good idea for the University at Albany to have a Police Chief and a Clery Act Compliance Officer who would know that there should only be one sexual offender registry, not two different outdated registries with different information, and that following "three" with "(4)" and following that with a list of six (6) sexual offenders does not constitute proper maintenance and that a Clery Act report should not claim that it constitutes maintenance.

I do hope that the State Police will make an effort to do something about the misinformation the State Police had been spreading about the Lyall case for so many years by claiming they were looking for someone for questioning who they had in fact identified, located, and questioned years ago. The State Police might also encourage "Chief" Wiley to take the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act seriously for once, or better still encourage SUNY to appoint a Chief who is experienced, qualified, and motivated. Mr. Wiley had never been a police officer in New York when he'd been appointed directly to chief, and according to the NYS Department of State he did not swear and file an Oath of Office in 1996, the year he was appointed.

As best I can tell, not filing an Oath of Office with the Secretary of State results in the office being vacated, according to N.Y. PUB. OFF. LAW §30 (1) (h). People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 stated 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."

Why did Mr. Wiley not vacate the office in 1996?

"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

"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

Which SUNY Police Chiefs refused to voluntarily give up their fingerprints, and why would that be tolerated?

"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 [sic] or not the request is a viable request with an end result that would be worth the time and expense of obtaining it."
Albany County Sheriff's Office Senior Investigator Shawn Spring, Jr., September 28, 2012.

Prior to Mr. Spring's e-mail, I hadn't ever heard that one needs to hire a lawyer merely to find out what agency to which crimes can be reported.

If Superintendent D'Amico would be so kind as to let me know what agency is responsible for oversight of SUNY Police, given that a professional police investigator was unable to find an Internal Affairs office for SUNY Police or any other agency to which crimes by SUNY Police may be reported, that would be most appreciated.

"Sir. [sic] 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."
J. "Frank" Wiley, responding to "concerns" raised to him about his name appearing on threat Clarence L. McNeill sent my mother, something Mr. Wiley somehow did not see as a police matter but instead a matter for "the office of Student Rights And Responsibilities" - despite there being no office by that name.

"'We know [sexual assault is] happening and we know it's not being reported, which means people aren't getting the services they need to help them heal. So we want to increase that possibility so more people report, so we can assist them,' said Stenger.
"UAlbany launches advocacy center for sexual violence." WRGB CBS6. September 16, 2014. http://www.cbs6albany.com/news/features/top-story/stories/ualbany-launches-advocacy-center-sexual-violence-19429.shtml

As long as UAlbany has a police "chief" backing written threats sent to people who report sexual assault (as UAlbany defines sexual assault), it might be relatively unlikely that more people will report sexual assault there. Written threats made by UAlbany to victims and witnesses and their families don't constitute assistance.

"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" http://www.albany.edu/studentconduct/27173.php

"That would not be reported to me."- UAlbany Director of Conflict Resolution and Civic Responsibility Clarence L. McNeill, "RE: retaliation?" December 9, 2011.

Michael W. Barberich's wife Therese Assalian has a history of threatening public schools with expensive litigation when the schools do reasonable things like fire a school bus driver for unrepentantly threatening to have a whistleblower killed for reporting her erratic driving. Albany County Sheriff's Office Senior Investigator Shawn Spring, Jr. stated the Bottari case "probably governs the reaction that the campus took with respect to you". For some context:

"Albany Donna Bottari was so steamed that a fellow Saratoga Springs school bus driver reported her erratic driving in May 2002 that she told a co-worker she was going to arrange a 'hit' on him, according to a court decision released Thursday. Not a good idea. Following a two-year court battle, the Appellate Division of state Supreme Court ruled Thursday that Bottari must be fired. The 4-0 decision reversed a move by Saratoga County Supreme Court Justice Thomas D. Nolan Jr. to reinstate Bottari last summer. […] 'We're disappointed with the decision,' said Therese Assalian, a spokeswoman with the Civil Service Employees Association. 'We agree with the lower court, and we're considering our options. 'That might include taking the case to the Court of Appeals, she said.'"
Bolton, Michael Morgon. "Bus Driver Firing Upheld" Albany Times Union. January 30, 2004: B4.

"In May 2002, petitioner, a school bus driver employed by respondent Saratoga Springs City School District, was reported by another driver, Brian Winne, for driving her own bus erratically. A few days later, petitioner confronted Winne and verbally berated him. Petitioner also told another coworker that she was going to 'get a hit out on [Winne]' because he filed the report against her. [...] petitioner had erratically operated a school bus, had used threatening and obscene language against Winne and had threatened to 'get a hit man to take Winne out.' […] petitioner's poor judgment and lack of remorse, the disturbing nature of her comments"
In the Matter of Bottari v. Saratoga Springs City School District, 3 AD 3d 832 - NY: Appellate Div., 3rd Dept. 2004.

Public school bus drivers should be safe to report erratic driving without being threatened by a co-worker with murder for doing so. They should not have to work in a hostile work environment alongside someone who threatened to hire a professional killer for having reported their erratic driving - where was the union representation for the whistleblower? The guilt of the accused seems to have been uncontested by all. School children, other drivers, property owners along roads, etc. should not have to be subjected to people who would drive erratically and threaten to have someone killed by a hitman for reporting that erratic driving. It shouldn't be necessary to point out such obvious things, but evidently it is.

Being a whistleblower who reported Therese Assalian's own husband at a state school for his unrepentant faculty ethics violations, sexual harassment, retaliation, false police report, etc., and then learning how little law enforcement agencies, politicians, etc. care about matters like the proper maintenance of a sexual offender registry, written threats sent to crime victims, false police reports has certainly been an experience... not one any student should be subjected to, ever.

Thanks once again for the State Police indicating that after nearly seven months they were not able to find any records concerning updates to the New York State Police's 'Missing' webpage for Suzanne Lyall or the crime tips concerning SUNY Albany in the November 26, 2012 9:04:43 PM EST e-mail. I would be very glad to hear from NYS Police Superintendent Joseph D'Amico as to why that is the case, why the State Police would not act on information that a sexual offender registry was being mismanaged, why police "chief" J. "Frank" Wiley has been so highly paid - apparently more than SUNY Police Chiefs with far stronger credentials and more than the City of Albany Police Chief and Albany County Sheriff who are responsible for the safety of far more people over a much larger geographic area, and so on. If the safety our students (and faculty, staff, and visitors) and the security of our campuses is important, a response could go a long way to demonstrate that rather than merely spout it off as rhetoric.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Records Access Officer

Dear Mr. Philippo:

This is in response to your e-mail correspondence of November 20, 2014, and December 11, 2014, in which you state that you are following up on a Freedom of Information Law request you submitted to this agency on March 9, 2014.

Please be advised that we responded to your March 9, 2014, FOIL request by e-mail correspondence dated September 29, 2014. Therefore, your request is closed.

Sincerely,

T/Lieutenant Debra L. Benziger
Records Access Officer
Central Records Bureau

>>> <requests@muckrock.com> 1/6/2015 5:07 AM >>>

January 6, 2015
New York State Police
New York State Police
Central Records Bureau
1220 Washington Avenue, Bldg 22
Albany, New York 12226-2252
This is a follow up to a previous request:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On Dec. 11, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On Nov. 20, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On Sept. 29, 2014:
"the safety of our students and the security of our campuses is our top priority."
"Statement from Governor Andrew M. Cuomo. September 14, 2012. http://www.governor.ny.gov/press/091412stmtsunythreats
Thank you for the September 29, 2014 response to my March 9, 2014 FOIL request. If it would be no trouble and would not be inappropriate, please forward the below to NYS Police Superintendent Joseph D'Amico. The FOIL unit needn't read it unless it must. No response from the FOIL unit is requested or required, though a response from Superintendent D'Amico is requested.
The State Police have indicated "the records located responsive to item 1 of your request were compiled for law enforcement purposes and, if disclosed, would interfere with an ongoing law enforcement investigation [...] Furthermore, disclosure of these records would constitute an unwarranted invasion of personal privacy". Item 1 had been "Records concerning the identification, location, and interview of the 'Man [who had been] sought as a possible witness' in the disappearance of Suzanne Lyall". It's unclear why redacted records would interfere with the investigation or would constitute an unwarranted invasion of personal privacy. The State Police having misinformed the worldwide public for so many years that there was a "Man sought as a possible witness" in a missing person investigation when in fact the man had been identified, located, and questioned, evidently in 1998, and no longer was sought as a possible witness - that might have tended to interfere with the investigation and to constitute unwarranted invasion of personal privacy more than a redacted response to a FOIL request could possibly do.
The NYS Legislature had declared, "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality." http://www.dos.ny.gov/coog/foil2.html#s84 Why had the State Police been spreading misinformation worldwide about a missing person case for so many years? Why was it determined that releasing redacted documents or statistics in relation to the State Police spreading misinformation worldwide about a missing person case for so many years not only might but actually "would interfere" with the "ongoing law enforcement investigation" and not only might but actually "would constitute an unwarranted invasion of personal privacy"?
The State Police further indicated "A search of our files failed to locate any records responsive to items 2 and 3 of your request." I had not expected almost seven months would be needed in order to fail to find any records responsive to those items, that almost seven months would be needed to be "responsive and responsible to the public".
Item 2 had been "Records concerning updates to the New York State Police's 'Missing' webpage for Suzanne Lyall". I'd asked due to the misinformation the State Police had been spreading worldwide for so many years via that webpage; I saw that as problematic. That the State Police evidently have not troubled themselves to keep records pertaining to the updating of a webpage for a missing person case might help explain, perhaps, why it is that webpage had been spreading misinformation for so many years and did not get corrected until I repeatedly tried bringing it to people's attention. One would suppose the man who had been sought as a possible witness might have himself at some point contacted the State Police to remind them that they had in fact already questioned him. It might be a good idea to start maintaining records about such things.
As for there being no records pertaining to item 3, i.e. "Records concerning the handling of the November 26, 2012 9:04:43 PM EST e-mail subject line 'Missing: Suzanne G. Lyall NIC #M103085795' to nysvicap@troopers.ny.gov" - an e-mail which noted (among other things) that the University at Albany Police had not been properly maintaining their sexual offender registry for years - the State Police might do well to keep records about things like that as well. Mismanaging crime tips concerning SUNY Albany by apparently ignoring the tips and not keeping records relating to them doesn't seem likely to improve matters at there - a problem given their multitude of unsolved missing persons cases, the "kegs and eggs riot," the gang rape by football players that University at Albany Police "Chief" J. "Frank" Wiley, an ex-athlete, ex-coach, football fan, chose not to report ASAP but instead chose not to report until the media did and they thereby forced his hand, etc.
"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
The above article also included this: "'Our special victims unit has investigators, victim's advocates and attorneys that go away for sexual assault training all over the country,' McEneny said. 'We know how to interview and investigate the crime scene. It's a good service.'" Mr. Wiley, for ten years at that point (perhaps more since), had chosen not to avail himself of those services that could potentially strengthen the case for the prosecution and potentially provide better victim services. With so few victims at UAlbany reporting crimes, and the majority of those reporting the crimes then for some reason declining to press charges, why wouldn't Mr. Wiley have been eager to do everything that could potentially strengthen the case for the prosecution and potentially provide better victim services?
"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. http://www.albanystudentpress.org/news/officials-respond-again-1.782232
The State Police might do well to note that University at Albany Police "Chief" J. "Frank" Wiley and Clery Act Compliance Officer John Murphy had claimed in the
"Annual Security & Fire Safety Report For CY 2012 Higher Education Opportunity Act (Clery Act)" dated September 2013 http://police.albany.edu/ASR.pdf (Archived by WebCite® at http://www.webcitation.org/6SxbE9lhO ) "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" (page 58 of 120).
As noted above, in 2012 (and for many years prior to that), the University at Albany had been grossly mismanaging its listing of registered sexual offenders on the UPD website:
"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
"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
Claiming in a report required by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act that the sexual offender registry was being maintained when it quite clearly was not being properly maintained is something I would have hoped the State Police might consider at least a little troubling, particularly at UAlbany given how many unsolved missing persons cases they have. It might be a good idea for the University at Albany to have a Police Chief and a Clery Act Compliance Officer who would know that there should only be one sexual offender registry, not two different outdated registries with different information, and that following "three" with "(4)" and following that with a list of six (6) sexual offenders does not constitute proper maintenance and that a Clery Act report should not claim that it constitutes maintenance.
I do hope that the State Police will make an effort to do something about the misinformation the State Police had been spreading about the Lyall case for so many years by claiming they were looking for someone for questioning who they had in fact identified, located, and questioned years ago. The State Police might also encourage "Chief" Wiley to take the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act seriously for once, or better still encourage SUNY to appoint a Chief who is experienced, qualified, and motivated. Mr. Wiley had never been a police officer in New York when he'd been appointed directly to chief, and according to the NYS Department of State he did not swear and file an Oath of Office in 1996, the year he was appointed.
As best I can tell, not filing an Oath of Office with the Secretary of State results in the office being vacated, according to N.Y. PUB. OFF. LAW §30 (1) (h). People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 stated 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."
Why did Mr. Wiley not vacate the office in 1996?
"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
"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
Which SUNY Police Chiefs refused to voluntarily give up their fingerprints, and why would that be tolerated?
"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 [sic] or not the request is a viable request with an end result that would be worth the time and expense of obtaining it."
Albany County Sheriff's Office Senior Investigator Shawn Spring, Jr., September 28, 2012.
Prior to Mr. Spring's e-mail, I hadn't ever heard that one needs to hire a lawyer merely to find out what agency to which crimes can be reported.
If Superintendent D'Amico would be so kind as to let me know what agency is responsible for oversight of SUNY Police, given that a professional police investigator was unable to find an Internal Affairs office for SUNY Police or any other agency to which crimes by SUNY Police may be reported, that would be most appreciated.
"Sir. [sic] 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."
J. "Frank" Wiley, responding to "concerns" raised to him about his name appearing on threat Clarence L. McNeill sent my mother, something Mr. Wiley somehow did not see as a police matter but instead a matter for "the office of Student Rights And Responsibilities" - despite there being no office by that name.
"'We know [sexual assault is] happening and we know it's not being reported, which means people aren't getting the services they need to help them heal. So we want to increase that possibility so more people report, so we can assist them,' said Stenger.
"UAlbany launches advocacy center for sexual violence." WRGB CBS6. September 16, 2014. http://www.cbs6albany.com/news/features/top-story/stories/ualbany-launches-advocacy-center-sexual-violence-19429.shtml
As long as UAlbany has a police "chief" backing written threats sent to people who report sexual assault (as UAlbany defines sexual assault), it might be relatively unlikely that more people will report sexual assault there. Written threats made by UAlbany to victims and witnesses and their families don't constitute assistance.
"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" http://www.albany.edu/studentconduct/27173.php
"That would not be reported to me."- UAlbany Director of Conflict Resolution and Civic Responsibility Clarence L. McNeill, "RE: retaliation?" December 9, 2011.
Michael W. Barberich's wife Therese Assalian has a history of threatening public schools with expensive litigation when the schools do reasonable things like fire a school bus driver for unrepentantly threatening to have a whistleblower killed for reporting her erratic driving. Albany County Sheriff's Office Senior Investigator Shawn Spring, Jr. stated the Bottari case "probably governs the reaction that the campus took with respect to you". For some context:
"Albany Donna Bottari was so steamed that a fellow Saratoga Springs school bus driver reported her erratic driving in May 2002 that she told a co-worker she was going to arrange a 'hit' on him, according to a court decision released Thursday. Not a good idea. Following a two-year court battle, the Appellate Division of state Supreme Court ruled Thursday that Bottari must be fired. The 4-0 decision reversed a move by Saratoga County Supreme Court Justice Thomas D. Nolan Jr. to reinstate Bottari last summer. […] 'We're disappointed with the decision,' said Therese Assalian, a spokeswoman with the Civil Service Employees Association. 'We agree with the lower court, and we're considering our options. 'That might include taking the case to the Court of Appeals, she said.'"
Bolton, Michael Morgon. "Bus Driver Firing Upheld" Albany Times Union. January 30, 2004: B4.
"In May 2002, petitioner, a school bus driver employed by respondent Saratoga Springs City School District, was reported by another driver, Brian Winne, for driving her own bus erratically. A few days later, petitioner confronted Winne and verbally berated him. Petitioner also told another coworker that she was going to 'get a hit out on [Winne]' because he filed the report against her. [...] petitioner had erratically operated a school bus, had used threatening and obscene language against Winne and had threatened to 'get a hit man to take Winne out.' […] petitioner's poor judgment and lack of remorse, the disturbing nature of her comments"
In the Matter of Bottari v. Saratoga Springs City School District, 3 AD 3d 832 - NY: Appellate Div., 3rd Dept. 2004.
Public school bus drivers should be safe to report erratic driving without being threatened by a co-worker with murder for doing so. They should not have to work in a hostile work environment alongside someone who threatened to hire a professional killer for having reported their erratic driving - where was the union representation for the whistleblower? The guilt of the accused seems to have been uncontested by all. School children, other drivers, property owners along roads, etc. should not have to be subjected to people who would drive erratically and threaten to have someone killed by a hitman for reporting that erratic driving. It shouldn't be necessary to point out such obvious things, but evidently it is.
Being a whistleblower who reported Therese Assalian's own husband at a state school for his unrepentant faculty ethics violations, sexual harassment, retaliation, false police report, etc., and then learning how little law enforcement agencies, politicians, etc. care about matters like the proper maintenance of a sexual offender registry, written threats sent to crime victims, false police reports has certainly been an experience... not one any student should be subjected to, ever.
Thanks once again for the State Police indicating that after nearly seven months they were not able to find any records concerning updates to the New York State Police's 'Missing' webpage for Suzanne Lyall or the crime tips concerning SUNY Albany in the November 26, 2012 9:04:43 PM EST e-mail. I would be very glad to hear from NYS Police Superintendent Joseph D'Amico as to why that is the case, why the State Police would not act on information that a sexual offender registry was being mismanaged, why police "chief" J. "Frank" Wiley has been so highly paid - apparently more than SUNY Police Chiefs with far stronger credentials and more than the City of Albany Police Chief and Albany County Sheriff who are responsible for the safety of far more people over a much larger geographic area, and so on. If the safety our students (and faculty, staff, and visitors) and the security of our campuses is important, a response could go a long way to demonstrate that rather than merely spout it off as rhetoric.
---
On Sept. 29, 2014:
Please see the attached correspondence pertaining to your request for copies of records from the New York State Police.
This e-mail, including any attachments, may contain highly sensitive and confidential information.
It is intended only for the individual(s) named.
If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.
---
On Aug. 20, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On Aug. 5, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On July 21, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On July 4, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On June 19, 2014:
While http://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0 was updated, apparently due to my persistence in reporting the misinformation that the NYS Police had been spreading from that webpage for years, the misinformation the NYS Police had been spreading for years from that webpage still exists on other webpages.
Do the NYS Police have any intention of at least attempting to have that misinformation they'd been spreading for years corrected elsewhere?
"man sought as possible witness"
http://lostfacesofthemissing.blogspot.com/2009/03/monday4-missing-suzanne-lyall.html
https://www.facebook.com/LostNMissingInc/posts/735531203127441
http://doenetwork.org/cases/2293dfny.html
http://somanymissingpersons.wordpress.com/2009/03/02/suzanne-lyall-19-missing-from-guilderland-new-york/
http://sweetcardomom.wordpress.com/emotional-abuse-a-prelude-to-violent-abuse/dedicated-to-the-missing/
http://activelyaware.blogspot.com/2009/03/suzanne-lyall-monday4-missing.html
http://mothersarevanishing.blogspot.com/2009/03/suzanne-lyall-monday4-missing.html
http://25missingpersons.proboards.com/thread/1491
etc.
Do the NYS Police not feel any responsibility for the misinformation they'd been spreading for so many years? If not, why not?
Do the NYS Police think that if SUNY Albany had hired as university police chief someone who'd worked his or her way up through police ranks in NYS with distinction, rather than an ex-athlete, ex-coach, football fan who'd never so much as been a security guard in New York, that perhaps Suzanne Lyall might never have disappeared, or her disappearance would have been solved by now, or at the very least the SUNY Albany Police would still have a webpage for her case like the NYS Police and FBI do? The deletion of the outdated page the SUNY Albany "Police" once had for her, where they'd misspelled her name in the sidebar and never bothered to correct it, remains unexplained by SUNY Albany. http://web.archive.org/web/20060901231522/http://police.albany.edu/2ColPage.asp?PageSName=SL
Police "Chief" J. "Frank" Wiley, when I contacted him for help regarding a threat I was sent in retaliation for my having reported sexual harassment at SUNY Albany, a threat in the form of a fraudulent cease and desist order which Wiley's own name appeared on as a recipient, did not see that threat and false document as a police matter. He instead claimed he'd forward my concerns to an office he named - despite no office by that name existing. When another threat was sent to me, Wiley was cc'd on it.
If SUNY Albany is willing to send threats by e-mail and United States Postal Service, to send threats to a student (who reported sexual harassment and retaliation) and to his mother, to continue sending threats even after a student graduates, then if SUNY Albany received information about other crimes (such as the disappearance of a student) is there any reason to think that SUNY Albany might not have ignored that information, refused to take a report, or intimidated witnesses in other cases as well?
https://www.muckrock.com/foi/new-york-16/alleged-police-officer-status-of-sunya-police-chief-wiley-10965/
---
On June 19, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On June 4, 2014:
I hereby appeal the constructive denial of access regarding my request, which was made on March 9, 2014 and sent to the State Police.
The records that were denied include:
* Records concerning the identification, location, and interview of the "Man [who had been] sought as a possible witness" in the disappearance of Suzanne Lyall
* Records concerning updates to the New York State Police's "Missing" webpage for Suzanne Lyall
* Records concerning the handling of the November 26, 2012 9:04:43 PM EST e-mail subject line "Missing: Suzanne G. Lyall NIC #M103085795" to nysvicap@troopers.ny.gov
Lieutenant Glenn R. Miner stated, seemingly falsely, "You will be notified upon completion of our review within approximately twenty (20) business days." No such notification by the State Police has been provided to me via Muckrock. The lack of concern of the State Police regarding the mismanagement of crime tips and the lack of concern of the State Police regarding their spreading misinformation for years about the Suzanne Lyall case is *extremely disturbing*. They did update their webpage for her, but I am not aware of any public explanation that has been provided with respect to why the State Police were spreading misinformation about the case for so long, or of any efforts by the State Police to correct the misinformation in other places to which it spread from their webpage.
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.
Sincerely,
Christopher K. Philippo
---
On June 4, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On May 20, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On May 5, 2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
---
On April 19, 2014:
Thanks. In the meantime, the so-called police department at SUNY Albany continues business as usual - since seemingly no law enforcement agency will even take a police report regarding them despite (among other things) the SUNY Albany Police filing false police reports, filing false Clery Act reports, etc. Why is that?

From: Christopher Philippo

I apologize for any inadvertent typos or errors in editing herein.

Prospectively, to what e-mail address should crime tips about UAlbany and the UAlbany Police department be sent? I'd ask in a less public fashion, by e-mail for example, but the State Police tend not to respond. For all the e-mails I've sent to different State Police addresses, I think the only responses I've ever received may have been from the FOIL unit, and one automated response from the Troopers Pistol Permit address in response to my reporting firearms violations by UAlbany Police.

As mentioned above, Albany County Sheriff's Office Senior Investigator Spring had written me, "I can only assume that a State Agency is responsible for the oversight of the SUNY Police Department." I'd sought the Albany County Sheriff's Office's help with respect to a number of things stemming from the further retaliation I (and my family) faced after reporting visiting assistant professor Michael W. Barberich for academic dishonesty, faculty ethics violations, sexual harassment and retaliation. Mr. Barberich's wife is Civil Service Employees Association (CSEA) Capital District Spokesperson Therese Assalian. Albany County Sheriff's Office Senior Investigator Shawn Spring, Jr. stated the Bottari case "probably governs the reaction that the campus took with respect to you".

Albany County Comptroller Michael F. Conners, II also claimed that the Albany County Sheriff's Office does not have jurisdiction over crimes involving UAlbany, though he thought possibly the UAlbany Police finally making some corrections to its erroneous campus sexual offender registries might have resulted from Sheriff Apple encouraging the UAlbany Police to fix the problems I'd detailed.

(excerpted e-mail:)
From: "Conners, Michael" <Michael.Conners@albanycounty.com>
To: Christopher Philippo [...], "Apple, Craig" <Craig.Apple@albanycounty.com>, "George,Tricia" <Tricia.George@albanycounty.com>, "Amador, Bernard" <Bernard.Amador@albanycounty.com>
Subject: RE: UAlbany PD's mismanaged Sexual Offender Registries & reporting crimes?
Date: November 28, 2012 at 5:57:47 PM EST

Mr. Philippo,

I spoke with the Sheriff and he has spoken with the people at SUNYA and that probably did lead to the improvements you’ve noticed. There is not jurisdictional authority for the County to do anything related to the problems you’ve outlined. Personally, I think you need to discuss this with an attorney, but apologize that there is nothing we are able to do to assist your efforts. Thank you for writing,

Michael F. Conners, II
(end excerpted e-mail)

Sheriff Apple's website http://www.craigapple.com indicates "CSEA Regional PAC" is one of his supporters. They evidently endorsed him not that long before I reported CSEA Capital District spokeswoman Therese Assalian's husband Michael W. Barberich at the State University of New York at Albany for academic dishonesty, faculty ethics violations, sexual harassment, and retaliation:

"AppleForSheriff
"@Appleforsheriff
"Proud to Announce Official Endorsement!! LOCAL CSEA PAC - "Craig Apple for Sheriff!
"5:45 PM - 12 Sep 2011"
https://twitter.com/Appleforsheriff/status/113412983325069312
Accessed: 2015-01-09. Archived by WebCite® at http://www.webcitation.org/6VSWPR9tR

“Communications Specialists […] Therese Assalian” (4)
“CSEA’s 2011 candidate endorsements […] County Sherriff [sic]: Craig Apple” (9)
“Photos by Therese Assalian” (10)
The Work Force 14(10). October 2011. http://library.albany.edu/speccoll/findaids/eresources/csea/work_force_2011_10.pdf

"All inquiries on issues with local implications, ([...] including state facilities such as SUNY [...]) should be directed to a CSEA contact in your area. [...] Capital District: Therese Assalian"
https://cseany.org/csea-media-relations/ Archived by WebCite® at http://www.webcitation.org/6VXlqQhqT

"[US Department of Education Office for Civil Rights]: Is there anything else you would like to add?
"The witness [Clarence L. McNeill] said, 'No except that in early December when I met with [the complainant], the goal was to informally resolve the issue so that [the complainant] could finish the semester, graduate, get a job and love on with his life.' The witness said that he told the complainant, 'I need you to do this.' the cease and desist order was only prompted after getting a telephone call the very next day from the same professor telling him that night the complainant got on Blackboard and commented about his teaching style. The witness said that 'the complainant’s actions tied his hands for resolving the issue informally because the complainant elected to do the opposite.' That is why he responded in writing to formally have him stop."

The December 5th meeting had been set up to discuss the Violation of Academic Integrity Report made by the complainant, me, on November 18th, concerning the plagiarism and falsification of citations by a student (the legacy athlete son of a major donor to the athletics department, as it turned out) in Michael W. Barberich’s class, Michael W. Barberich’s own academic dishonesty and sexual harassment, and the then-chair of the Communication Department Jeanette Altarriba’s academic dishonesty and quid pro quo sexual harassment. The December 2, 2011 acts of retaliation by Michael W. Barberich and Jeanette Altarriba were added to the purposes for the meeting. No Blackboard posts were made by the complainant after the December 5th meeting, contrary to Mr. McNeill's absurd claim to the US Department of Education.

"Attorney [from Office of General Counsel University at Albany] - The cease and desist order [sic] was not issued in December 2011 to the complainant because of complaints about Professor 1's [Michael W. Barberich's] conduct in the classroom, but because Professor 1 [Michael W. Barberich] felt threatened by insistent almost fanatical attention and disparagement by the complainant to classmates, communications [sic] department staff and other University faculty regarding Professor 1's professionalism and the quality of his work. This affected Professor 1's ability to manage the class."

To paraphrase, the alleged order was not issued because of complaints about Barberich's academic dishonesty, faculty ethics violations, sexual harassment, and retaliation, it was issued because Barberich felt threatened by the complainant reporting Barberich's academic dishonesty, faculty ethics violations, sexual harassment, and retaliation.

Mr. Barberich had never managed the class. On the first day of class, at August 30, 2011 3:43 PM, I objected to my department advisor Dr. Jennifer Stromer-Galley that Mr. Barberich dismissed class after about ten minutes. On October 6, 2011 11:11 AM, I sought academic accommodation that would permit me to drop Mr. Barberich's class; the department would not grant it. He'd laughingly skipped over the subject of ethics (in a class meant to fulfill the information literacy general education requirement in which "Students acquire experience with resources available on the Internet and learn [...] to use information ethically" http://www.albany.edu/generaleducation/information-literacy.php ), often dismissed class early, regularly arrived late for class, continually had problems with the quiz questions, failed to update information about the class online, failed to post grades in a timely manner, got material wrong, failed to prepare his teaching assistants to go over exams with students, permitted students to openly cheat on the daily quizzes by using their textbooks notes and asking each other for the answers even though he had five teaching assistants to help him keep order (he had them sit together down in front of the lecture hall facing him), permitted students to let their phones ring in class and have conversations on them as well as let their laptops instant messaging alerts sound and to have conversations on them, use their phones and laptops to play video games, bring in lunches and eat them, presented the lectures and lecture notes of his teaching assistants as his own work in class and online, etc. Mr. Barberich engaged in sexual harassment, something UAlbany defines as a form of sexual assault, and after the chair of the department Jeanette Altarriba supposedly told him to stop after I'd reported it to her, Mr. Barberich instead continued and even joked about how the class could hook up one of his teaching assistants to electrodes and shock her until she screams. He gave students points for answering the quizzes with any answer at all, extra credit for getting them right. According to a document I had to obtain through a FOIL request, despite my being registered for the class, he cancelled the final exam and gave everyone a free A in lieu of the final exam. To date I still don't know how I received an A in the class, because he had refused to answer questions about grades.

Barberich filed a false police report about me making me out to be some kind of active shooter, an "unstable" wannabe "martyr" who was an imminent danger to his "personal safety" and the "safety" of the students in class - when there probably were no students in class because it was the last day of class and it had been cancelled (something he did not tell the police, judging from the police report) and when I was not on campus or headed there and moreover as an obese adult learner with disabilities hardly able to be a threat to the 160 or so registered students (young, in relatively good shape, some of them athletes) even if we all had been there. Barberich's false police report indicates his union representative contacted the police, to what end I do not know.

The campus police apparently recognized his report as demonstrably and beyond any doubt false, because it makes no mention of them sending anyone to the lecture hall he claimed was in imminent danger, and they did not call me or my emergency contact to determine my whereabouts. On a campus that once had an unstable shooter in a lecture hall, Ralph Tortorici, they'd have to be 100% certain a police report of the nature Mr. Barberich made was a blatant falsehood in order for them to not to check on the safety of the students who were allegedly in the lecture hall and not to check on the whereabouts of the allegedly unstable person; evidently they were 100% certain Barberich was lying with his pants forming a towering inferno. The campus police further falsified his report by recording me on it as not being a student, and they filed it away as a non-criminal fight/disturbance (despite it being a false police report about an active shooter-type situation) and posted a false summary of it to their online crime log and did not inform me of it at the time or warn me that my professor had filed a false police report about me and to avoid him. To date, in fact, UPD has never given me any instructions about Mr. Barberich, nor has UAlbany's Office of General Counsel. There's only been Clarence L. McNeill's threats like “You need to forget about Prof. Barberich." (Not going to happen.)

With respect to the false police report Michael W. Barberich filed, Clarence L. McNeill lied to the US Department of Education's Office for Civil Rights about that (quite a lot of his testimony was false):

"The witness [Clarence L. McNeill] said that the complainant also sent Freedom of Information Act (FOIA) [sic] requests [sic] to the University police department to request access to a police report filed by Professor 1 [Michael W. Barberich] against the complainant."

UPD's webform for Freedom of Information Law (FOIL, the state law) requests identifies the relevant law as FOIA (the federal law); I'm not sure of FOIA applies to state university police records, but the campus police do represent that as being so. April 30, 2012 at 14:09:04 I made one, and I believe only one, FOIL request using that campus police webform for "Any and all reports, e-mails, logs, received by, created by, or sent by UPD pertaining to or mentioning myself [...] from October 1, 2011 to present. [...] I thought it particularly important to learn if there are any outstanding issues, obligations, restrictions, etc. of which I need to be made aware; anything I need to do, refrain from doing, or pay, etc.; anything I could appeal, etc. as I expect to receive my diplima soon." I had absolutely no idea at the time that Michael W. Barberich had filed a false police report about me on December 6, 2011, the day after Clarence L. McNeill let him know that I'd reported him and wanted him prosecuted. I did not learn of the existence of Michael W. Barberich's December 6, 2011 false police report until Officer Jeremy Clapper's May 3, 2012 9:28 AM e-mail that attached that report. Officer Benjamin Nagy later sent the same report even though I hadn't made a second FOIL request; UPD is apparently inefficient and had no way of keeping track of whether a FOIL request had been responded to or not. Coincidentally, the same day Michael W. Barberich was filing a false police report and his union representative contacted the police for some reason, his wife Therese Assalian was reported as threatening a local public school district for the nth time.

"Assalian would not speculate on Shen’s next move but said CSEA intends to maintain its position without change. She also referenced the cost of litigation. 'They’ll have to decide whether it’s beneficial for them to pay for more litigation in this case,' she said. 'Litigation is expensive.'"
Griffith, Glenn. "Shen overruled in bus driver firing; court says district violated collective bargaining agreement." Community News. December 6, 2011.
http://www.cnweekly.com/articles/2011/12/06/news/doc4ede62e1c9ca6994286882.txt

The threat of expensive litigation she was making against a local public school (and by extension local government and local taxpayers) in order to try to reinstate a school bus driver who'd driven under the influence, an action that could potentially put children riding the bus at risk, as well as others on the roads and those with property along the roads, seemingly ignored the contact that permitted the school to fire employees for failing a drug test.

"Suspension without pay or discharge may be invoked with less than two (2) written warnings where the employee's conduct creates a danger to the health, safety or welfare of staff, students and/or the general public or creates a danger to property. A positive result in any required drug or alcohol test is considered such a danger to health, safety or welfare of staff and/or the general public or creates a danger to property."
Agreement by and between the Shenendehowa Central School District and CSEA Local 1000 AFSCME AFL-CIO § 47 ( c) (4)

"The district successfully changed a clause in the new CSEA contract passed recently allowing officials to suspended without pay or discharge an employee with less then two written warnings concerning positive results for drug or alcohol use, according to district documents."
Gardiner, Bob. "School bus driver quits after positive drug test." Albany Times Union. June 12, 1997: B7.

As noted above, Ms. Assalian had also threatened a local public school with expensive litigation when they'd fired school bus driver Donna Bottari for unrepentantly (!) threatening to hire a hitman to murder a whistleblower at the school for reporting her for erratic driving. One feels quite sorry for the children in those schools that Ms. Assalian keeps threatening! It is somewhat disconcerting to have been a whistleblower at a state university who'd reported her husband, particularly with Mr. Spring having stated he thought the Bottari case "probably governs the reaction that the campus took with respect to you".

As for what I was reporting, UAlbany's own policies state, for example, that "Maintaining the highest standards of academic integrity insures the value and reputation of our degree programs; these standards represent an ethical obligation for faculty intrinsic to their role as educators, as well as a pledge of honor on the part of University at Albany students. If a violation of academic integrity occurs, faculty, deans, and students all share in the responsibility to report it." http://www.albany.edu/studentconduct/appendix-c.php

Students are supposed to be free to speak to faculty and staff about sexual harassment, and to be safe from retaliation.

"The University at Albany (UAlbany) is committed to creating and maintaining a community in which all persons who participate in University programs and activities can come together to learn and work in an atmosphere free from all forms of harassment, exploitation, and discrimination or intimidation, including sexual. It is the responsibility of the University to prevent sexual harassment if possible, to correct it when it occurs, and to take appropriate disciplinary action, as necessary, against behavior that is a violation of the policy. Every member of the University community should be aware that the University strongly opposes sexual harassment and that such behavior is prohibited by law and University policy."
http://www.albany.edu/eltl/sexual_harassment.php

"There are many ways family, friends, and University faculty and staff can help a victim of sexual assault/violence. [...] For Faculty/Staff The Basics: The best thing you can do for the student is to listen to and believe them. There is an online brochure for students who have been sexually assaulted that does a nice job explaining the student’s options,and they do have a lot of options, regarding accommodations and support through the University." http://www.albany.edu/advocacycenter/how_to_help.shtml

As long as the university encourages or even requires that academic dishonesty be reported, or that sexual harassment be reported, reporting those things should not be characterized as "insistent almost fanatical attention and disparagement". Rather, someone who would file a false police report to avoid responsibility for his acts of academic dishonesty, sexual harassment, and retaliation and those who would lie to federal investigators about it should be criticized (to say the least) for their "insistent almost fanatical attention and disparagement" of those who would report academic dishonesty, sexual harassment, and retaliation.

When I reported Michael W. Barberich's sexual harassment, the then-chair of the department Jeanette Altarriba would not grant me academic accommodation that would permit me to drop the course, but instead required me to remain in the class to the end, making my continued subjection to Mr. Barberich's offensive sexual harassment a condition of receiving my degree and graduating: quid pro quo sexual harassment. Perversely, Ms. Altarriba encouraged me to keep reporting Barberich's sexual harassment and academic dishonesty to her, providing feedback like in October 2011 "you have provided some good observations. You can certainly keep me informed". She knew I did not feel safe around Barberich, yet required me to remain in his class.

October 18, 2011 10:25 AM from my e-mail to Altarriba: "I could do [that: contact him and set up a one-on-one meeting to go over quizzes and exams], but his behavior makes me uncomfortable about the idea of meeting with him without a witness."

October 18, 2012 10:36:12 AM, from Altarriba's e-mail to me: "Chris, you always have the option of setting up a meeting with me and Professor Barberich present. I would be more than happy to facilitate such a meeting. Hang in there, you are doing well academically, so I am confident you will be able to complete the course with a good grade!"

October 18, 2011 10:53 AM from my e-mail to Altarriba: "Thank you! We’d discussed that [when we met in person on October 10, 2011 at 10 AM], but I wasn’t sure if by recommending I meet with him in your previous e-mail whether you had changed your mind about me meeting with him one-on-one."

Ms. Altarriba, after I reported her also, falsely claimed to a number of people at UAlbany that I "was issued an order to 'cease and desist', [and] violated that order twice" (her December 9, 2011 11:59 AM e-mail to then-Vice Provost and Dean Sue Faerman, Clery Act Compliance Officer John M. Murphy, Counseling Center director Estela Rivero, and others). I had not been sent a "'cease and desist' order" and as such could not have violated one even once. She was evidently relying on the word of chronic liar Clarence L. McNeill, who'd sent her an e-mail on December 7, 2011 9:26 AM in which he forwarded her parts of his December 6, 2011 9:51 AM “Good Morning” e-mail to me (in which the words "cease" and "desist" do not appear), but he changed the subject line to “Cease & Desist,” falsely representing the “Good Morning” e-mail as having been a “Cease & Desist”, and he added “P.S. I did notify the UPD Police Chief’s [sic] of this directive [sic] as well" which was not in the e-mail to me either.

My FOIL request to the campus police had been to determine if he really had contacted them as he'd represented to me in a December 9, 2011 e-mail and whether they were backing his threats. The campus police only sent me two false police reports, not any alleged "'cease and desist' order" or reports of my having violated one, yet they claimed they sent me everything I'd requested. If McNeill really had contacted the police, then the specific people he contacted, presumably “Chief” J. Frank Wiley, Deputy Chief of Police Thomas J. Kilcullen, and Assistant Chief of Paul M. Berger, were backing McNeill's threats off the books.

For reasons best known to UAlbany administrators, Jeanette Altarriba's since been promoted to Vice Provost and Dean for Undergraduate Education. Sue Faerman's been promoted to Senior Vice Provost for Undergraduate Education. McNeill, who told the US Department of Education a slew of lies in his testimony, has since been made Clery Act Compliance Officer.

As I'd stated in a December 6, 2011 2:55 PM e-mail to McNeill, in which I noted I was "disappointed to report that I have as yet not receive a reply from [the Office of Diversity and Inclusion]! I hope that’s not typical" (he did not offer to help with the office presided over by UAlbany's Title IX Coordinator not responding to the complaint of sexual harassment I made to them, of course): "the response [by UAlbany in general] since early October [2011] has been an ethical train-wreck.” That remains true, with cars continuing to pile up over the years to an epic degree.

From: Records Access Officer

Dear Mr. Philippo,

As indicated on our website, at http://www.troopers.ny.gov/Counter_Terrorism/Crime_Watch/, you may report suspected criminal activity via a confidential email to crimetip@troopers.ny.gov.

Sincerely,
T/Lieutenant Debra L. Benziger
Records Access Officer
Central Records Bureau

>>> <requests@muckrock.com> 1/13/2015 3:06 AM >>>

January 13, 2015
New York State Police
New York State Police
Central Records Bureau
1220 Washington Avenue, Bldg 22
Albany, New York 12226-2252
This is a follow up to a previous request:
I apologize for any inadvertent typos or errors in editing herein.
Prospectively, to what e-mail address should crime tips about UAlbany and the UAlbany Police department be sent? I'd ask in a less public fashion, by e-mail for example, but the State Police tend not to respond. For all the e-mails I've sent to different State Police addresses, I think the only responses I've ever received may have been from the FOIL unit, and one automated response from the Troopers Pistol Permit address in response to my reporting firearms violations by UAlbany Police.
As mentioned above, Albany County Sheriff's Office Senior Investigator Spring had written me, "I can only assume that a State Agency is responsible for the oversight of the SUNY Police Department." I'd sought the Albany County Sheriff's Office's help with respect to a number of things stemming from the further retaliation I (and my family) faced after reporting visiting assistant professor Michael W. Barberich for academic dishonesty, faculty ethics violations, sexual harassment and retaliation. Mr. Barberich's wife is Civil Service Employees Association (CSEA) Capital District Spokesperson Therese Assalian. Albany County Sheriff's Office Senior Investigator Shawn Spring, Jr. stated the Bottari case "probably governs the reaction that the campus took with respect to you".
Albany County Comptroller Michael F. Conners, II also claimed that the Albany County Sheriff's Office does not have jurisdiction over crimes involving UAlbany, though he thought possibly the UAlbany Police finally making some corrections to its erroneous campus sexual offender registries might have resulted from Sheriff Apple encouraging the UAlbany Police to fix the problems I'd detailed.
(excerpted e-mail:)

From: Christopher Philippo

Thank you for the response. However, e-mails to crimetip@troopers.ny.gov including about being a crime victim ("Are you the victim of a crime or know someone who has?" https://troopers.ny.gov/Counter_Terrorism/Crime_Watch/ ) go unacknowledged, unanswered, and seemingly uninvestigated. I see that as fairly problematic, don't you? Is there another crime tip or crime victim address that actually works?

From: Christopher Philippo

A January 16, 2015 8:33:45 PM EST e-mail to the State Police crime tip/crime victim address, subject "please respond to indicate that the crime tip address is functioning correctly", stating "E-mails to crimetip@troopers.ny.gov have gone without an acknowledgement or response. Please respond to confirm that crimetip@troopers.ny.gov is in fact a functioning e-mail address" has also thus far gone without an acknowledgement or response.

I remain horrified by the lack of concern about the UAlbany Police mismanaging their campus sexual offender registry for years and "Chief" J. "Frank" Wiley and Clery Act Compliance Officer John M. Murphy signing off on false Clery Act reports claiming that the registry was being maintained. John M. Murphy has been replaced by his former underling Clarence L. McNeill, McNeill being a man who's sent threats to me and my family regarding visiting assistant professor Michael W. Barberich and his faculty ethics violations, sexual assault (as UAlbany defines it), and retaliation. McNeill's testimony to the U.S. Department of Education's Office for Civil Rights is full of demonstrable falsehoods.

"The Director also informed OCR that the Office of Conflict Resolution typically receives complaints from the University Police Department, which the University Police Department has already investigated" (8).

"The Director noted that in theory, if a complaint of sexual harassment, including sexual assault, came to his office first, he would conduct the investigation. He noted, however, that in his six years as Director, he has never received such a complaint first; instead, these are usually referred by the University Police Department” (8 n. 7).
http://www2.ed.gov/documents/press-releases/suny-new-york-letter.doc

The Office for Civil Rights asked Clarence L. McNeill ("the witness") how he became acquainted with me. McNeill's reply was, as is so characteristic of him, a falsehood.

"The witness stated that he received an email that was sent to the University’s general conflict resolution mail box in the spring of 2011 about the University’s academic integrity policy and Code of Conduct. He said that he contacted the complainant and suggested that he meet with him so that he could walk him through the process and explained all the different scenarios that could take place once he became part of the process."

McNeill, may first have become acquainted with me in a mid-March 2007 email exchange with the subject “Standards of Conduct for professors?” during the Spring 2007 semester that went from January to May 2007. I’d reminded McNeill of that more than once, including in an December 7, 2011 8:22 AM e-mail “Re: Good Morning” that was included by the University at Albany in their response to OCR Case No. 02-12-2157.

McNeill's testimony was full of falsehoods from beginning to end. OCR asked "Is there anything else you would like to add?"

"The witness [Clarence L. McNeill] said, 'No except that in early December when I met with [the complainant], the goal was to informally resolve the issue so that [the complainant] could finish the semester, graduate, get a job and move on with his life.' The witness said that he told the complainant, 'I need you to do this.' the cease and desist order was only prompted after getting a telephone call the very next day from the same professor telling him that night the complainant got on Blackboard and commented about his teaching style. The witness said that 'the complainant’s actions tied his hands for resolving the issue informally because the complainant elected to do the opposite.' That is why he responded in writing to formally have him stop."

The December 5th meeting had been set up to discuss the Violation of Academic Integrity Report I'd submitted to Clarence L. McNeill on November 18th, concerning the plagiarism and falsification of citations by a student in Michael W. Barberich’s class, Michael W. Barberich’s own academic dishonesty and sexual harassment, and the then-chair of the Communication Department Jeanette Altarriba’s academic dishonesty and quid pro quo sexual harassment (requiring me to remain in Barberich's class continuing to be subjected to his offensive behavior over my objections as a condition of receiving my degree and graduating). The December 2, 2011 acts of retaliation by Michael W. Barberich and Jeanette Altarriba were added to the purposes for the meeting. No Blackboard posts were made by the complainant after the December 5th meeting as Clarence L. McNeill claimed. The claim that the alleged “cease and desist order” (i.e. the December 6, 2011 "Good Morning" e-mail) was “only prompted” after a claim by Michael W. Barberich that on December 6 I “got on Blackboard and commented about his teaching style” is quite false, given that no such post was made by me on Blackboard on December 5th or 6th or at any time thereafter and not even any trumped-up evidence (other than McNeill's false testimony) appears to have ever been presented to the effect that I had done so.

Clarence L. McNeill threatened me not to communicate with anyone at UAlbany other than himself, a threat he sent after I'd graduated and after I'd made it clear to a number of people at UAlbany that they should make sure McNeill never contacted me or my family again due to his lawless actions and threats. In part, "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."

The University at Albany Library "is a congressionally designated depository for U.S. Government documents. Public access to the government documents collection is guaranteed by public law." (Title 44 United States Code)
http://libguides.library.albany.edu/govinfo-us

McNeill's threat not to communicate with anyone at UAlbany other than himself extended to staff at the University Library, to which public access "is guaranteed by public law." The U.S. Government Printing Office oversees the Federal Depository Library Program, so I reported McNeill's threat that ignored that guarantee of public access to them. McNeill, being a liar, evidently blatantly lied to the U.S. Government Printing Office, judging from the October 12, 2012 9:54 AM e-mail from GPO Help "refusal of public access to depository for U.S. Gov't docs? [Incident: 121001-000114]", in relevant part:

"Response Via Email(Ashley Dahlen) - 10/12/2012 09:54 AM
"Mr. Phillipo [sic], I have contacted Mr. Clarence McNeill. Per our discussion, he informed me that you are not restricted from entering the campus libraries or from contacting the library personnel. As such, you are not being denied access to Federal depository library resources."

Clarence L. McNeill's December 9, 2011 12:44 PM e-mail, subject line "RE: retaliation?", part of his top-posted reply to one of my e-mails: "This [retaliation for having reported sexual harassment] would not be reported to me. That would be ODI [the Office of Diversity and Inclusion]."

Retaliation *is* reported to McNeill's office, *not* to ODI. McNeill included my e-mail to him below his reply, in relevant part: "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." He chose, for whatever reason, to ignore the written policy and to blatantly lie about it.

McNeill has been undermining the security of the University at Albany campus and the safety of people there for years. His actions serve to enable academic dishonesty, faculty ethics violations, sexual assault, and retaliation, among other things. He has demonstrably lied to both state and federal employees. UAlbany and SUNY system administration appear to like for Clarence L. McNeill to do that; it possibly helps him that Karen Acosta McNeill (his wife?) is UAlbany Assistant Dean of Undergraduate Education and has also served on the University Auxiliary Services at Albany Board of Directors and as College Liaison Officer to the New York State Assembly Intern Committee. Clarence and Karen McNeill have served on the Board of Directors of the Campus Children's Center, Inc. https://web.archive.org/web/20080705015246/http://www.campuschildrenscenter.com/BoardofDirectors.htm (providing child care on the Harriman campus adjacent to UAlbany and on the UAlbany campus itself) - a center arguably not well served by the UAlbany Police mismanaging its campus sexual offender registry for years, or J. "Frank" Wiley and John M. Murphy falsely claiming in their Clery Act reports that the registry was being maintained, and probably not well served by Clarence L. McNeill's chronic lying and lack of concern for the safety of people on campus, young and old.

Is there another crime tip or crime victim address that actually works? New Yorkers could really use one.

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