Moreland Commission Complaint # MAC2-2013-P-0087

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 pertaining to Moreland Commission on Public Corruption Complaint # MAC2-2013-P-0087.

I had been informed that an investigator from the Moreland Commission was going to contact me. I was twice sent e-mails about Complaint # MAC2-2013-P-0087 and I responded both times but I never heard from an investigator, and then the Commission was shut down by Mr. Cuomo. The impression one necessarily is given is that Mr. Cuomo did not want the Moreland Commission on Public Corruption to have a real chance to investigate public corruption.

Begin forwarded message:

From: "Comments (MAC)" <Comments@moreland.ny.gov>
Subject: Complaint # MAC2-2013-P-0087
Date: November 22, 2013 at 12:32:54 PM EST
To: [Christopher K. Philippo]

Thank you for contacting the Moreland Commission (MAC). We believe the complaint you submitted to us in writing requires further information. An investigator would like to reach out to you, so please respond to us with your preferred method of contact, so we may follow up with you as soon as possible. Please refer to Complaint # MAC2-2013-P-0087 in all future correspondence. Thank you for your time.

Regards,

Moreland Commission
comments@moreland.ny.gov

Begin forwarded message:

From: Christopher Philippo [...]
Subject: Re: Complaint # MAC2-2013-P-0087
Date: November 22, 2013 at 12:48:38 PM EST
To: "Comments (MAC)" <Comments@moreland.ny.gov>

On Nov 22, 2013, at 12:32 PM, Comments (MAC) <Comments@moreland.ny.gov> wrote:

Thank you for contacting the Moreland Commission (MAC). We believe the complaint you submitted to us in writing requires further information. An investigator would like to reach out to you, so please respond to us with your preferred method of contact, so we may follow up with you as soon as possible. Please refer to Complaint # MAC2-2013-P-0087 in all future correspondence. Thank you for your time.

E-mail is my preferred method of contact. Letters might be acceptable, though the longer period of time typically involved in sending and receiving them makes them somewhat less preferable.

The sooner the better that something’s done about the retaliatory false police report filed against me by Michael W. Barberich (husband of Therese Assalian who has a history of threatening a local public school district with expensive litigation) after he’d been tipped off by the head of the SUNY-wide judicial administrators group Clarence L. McNeil that I’d reported Barberich for academic dishonesty, sexual harassment and more, the threats sent to me and to my family by McNeill including one that he’d cc’d to George Philip, Christine Bouchard, John Murphy, J. “Frank” Wiley, John Reilly, and Janet Thayer. They’re threats that SUNY administrators and others have chosen to do nothing to retract even in the face of the recent agreement between SUNY and the U.S. Department of Education’s Office for Civil Rights, if that’s what # MAC2-2013-P-0087 concerns.

However, just about any complaint I’ve submitted to you I believe merits your attention: the UAlbany Police failing to properly maintain their sexual offender registry for years to the extent that they had two different ones online simultaneously, both obviously erroneous and both out of date; the SUNY Police engaging in firearms violations including UAlbany’s senior firearms instructor tipping off other campuses about firearms compliance reviews, advising a coworker he believed to be emotionally unstable to bring all her weapons from home onto campus and then hiding her Raven Arms “junk gun” at his own home without question while she was under investigation by the DEA and State Police for her family’s major area drug operation and apparently going without censure, discipline, or firing, etc.

Thank you for your attention to this and other matters,

Christopher K. Philippo

Begin forwarded message:

From: "Comments (MAC)" <Comments@moreland.ny.gov>
Subject: Out of Office: Complaint # MAC2-2013-P-0087
Date: November 22, 2013 at 12:48:53 PM EST
To: Christopher Philippo [...]

Thank you for submitting your comments to the Moreland Commission to Investigate Public Corruption. We will carefully review and consider your contributions to the Commission’s directive.

Begin forwarded message:

From: "Comments (MAC)" <Comments@moreland.ny.gov>
Subject: Complaint # MAC2-2013-P-0087
Date: December 13, 2013 at 11:25:46 AM EST
To: [Christopher K. Philippo]

Thank you for contacting the Moreland Commission (MAC). We believe the complaint you submitted to us in writing requires further information. An investigator would like to reach out to you, so please respond to us with your preferred method of contact, so we may follow up with you as soon as possible. Please refer to Complaint # MAC2-2013-P-0087 in all future correspondence. Thank you for your time.

Regards,

Moreland Commission

Begin forwarded message:

From: Christopher Philippo [...]
Subject: Re: Complaint # MAC2-2013-P-0087
Date: December 18, 2013 at 12:56:59 PM EST
To: "Comments (MAC)" <Comments@moreland.ny.gov>, "Calcaterra, Regina (MAC)" <Regina.Calcaterra@moreland.ny.gov>, David Grandeau <dg@davidgrandeau.com>

E-mail remains my preferred method of contact. If there is a problem with that, please let me know.

Christopher K. Philippo

On Dec 13, 2013, at 11:25 AM, Comments (MAC) <Comments@moreland.ny.gov> wrote:

Thank you for contacting the Moreland Commission (MAC). We believe the complaint you submitted to us in writing requires further information. An investigator would like to reach out to you, so please respond to us with your preferred method of contact, so we may follow up with you as soon as possible. Please refer to Complaint # MAC2-2013-P-0087 in all future correspondence. Thank you for your time.

Regards,

Moreland Commission

(end quoted e-mails)

One of the things that I'd brought to the Moreland Commission's attention was that the University at Albany Police had been mismanaging their sexual offender registry for years, something inexcusable for any police department or university to do, but particularly unforgivable at a university like UAlbany where at least two young women have disappeared, presumably murdered.

• Sexual Offender Registry #1 "© 2009 University at Albany"

"There are currently three (4) [sic] registered sex offenders enrolled or working at the University. The following Information has been released:" was followed by a list of six (6) offenders.
Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAjbUOP
Accessed: February 19, 2013 Archived by WebCite® at http://www.webcitation.org/6EZ55k2vF (it still read © 2009 at that time)

• Sexual Offender Registry #2 No date (probably circa 2007-2008)

"There are currently two (2) registered sex offenders enrolled at the University. The following Information has been released:" was followed by a list of three (3) offenders. Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAsiiOT
http://police.albany.edu/2ColPage.asp?PageSName=SOR2 now redirects to UPD's homepage

There was an audit by the NYS Comptroller's Office in 2007 with a follow-up in 2009 http://osc.state.ny.us/audits/allaudits/093009/07s121.htm which found a number of problems, but it evidently failed to take note of the mismanagement of the sexual offender registry. The Registry gets referenced in the Clery Act Report http://police.albany.edu/ASR.pdf on page 53, the claim being there that it was being maintained - when clearly (the above archives) it was not being maintained properly. At least part of page 53 was not written for the report but was instead copied and pasted from the website: "The DCJS Sex Offender Registry site may be found on the web (See the link to the right)" (there's no link to the right in the PDF).

The Comptroller's Office thanked me for informing them of the non-compliance, but took no action on it as far as I know. I was informed on October 22, 2012, "We have provided the information you supplied with your email to staff in our State Government Accountability for their consideration with respect to future audit planning." The Registry continued to be dated 2009 until sometime after my last archive on February 19, 2013 when it was updated to 2013.

The head of the Moreland Commission acknowledged receipt of the e-mail bringing that quite serious problem to the Commission's attention. To quote part of her e-mail:

From: "Calcaterra, Regina (MAC)" <Regina.Calcaterra@moreland.ny.gov>
Subject: Fw: Fwd: state university's failure to maintain sexual offender registry
Date: July 2, 2013 at 6:59:26 PM EDT
To: [Christopher K. Philippo]

Dear Mr. Philippo, Please know that it would be best if you used my moreland email to communicate with the commission, rather than my personal email. We register every correspondence recieved so using this email will facilitate that process. Thank you for your consideration of my request, Regina
Regina M. Calcaterra
Executive Director
NYS Moreland Commission
(518) 506-0157 cell

(end excerpted e-mail)

For the rest of the e-mail, if needed, see https://drive.google.com/file/d/0B7Mt-S77wZKfXzVXelpRdW5DOGM/edit?usp=sharing It had also brought up the issue of at least one member of the Moreland Commission having been informed of the problem with the sexual offender registry prior to the creation of the Moreland Commission. I'd written Betty Weinberg Ellerin about it on June 30, 2013 12:42:52 PM EDT.

By shutting down the Moreland Commission, Mr. Cuomo left in charge of the UAlbany Police the incompetent and corrupt J. "Frank" Wiley, a man who for years had (along with UAlbany's incompetent and corrupt Clery Act Compliance Officer John M. Murphy) made a habit of filing false federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act reports claiming the police were maintaining their sexual offender registry when demonstrably they were grossly mismanaging it. In addition to that, Mr. Wiley's name appears on written threats sent to me and to my mother, after I had reported academic dishonesty, sexual harassment, faculty ethics violations, and retaliation at UAlbany (things UAlbany ostensibly encourages and even requires students to report), and Mr. Wiley presented at least two awards to dirty cop Wendy Knoebel - one for the "excellence" of her work the year she completely failed to solve the disappearance of Suzanne Lyall, a failure most people (other than Mr. Wiley) would not characterize as excellent at all. That the NYS Division of Criminal Justice Services under Mr. Cuomo would give the manifestly incompetent and corrupt UAlbany Police a special accreditation entitling them to even less oversight adds to just how troubling the matter is. Mr. Cuomo owes the Lyall family (and New York) a public explanation, but that's another matter.

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

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Christopher Philippo