State University of New York at Binghamton police dep't manual

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:

The police department manual for the State University of New York at Binghamton.

("Because each police department is independently operated, each employs their own manual of procedures; a manual of procedures is a standard feature in any institution by no more so than within a police department. Yet, SUNY police department --- SUNY --- yet some SUNY police departments do not have a manual of procedures. This means that a police office has little or no direction as to how the university wishes to address a specific problem, thus liability issues arise.”
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (113-114). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF
)

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

With respect to the SUNY Police Manual, incidentally: though last updated in February 2007, it's nevertheless more woefully out of date than even that date would suggest. Further, despite SUNY Police Commissioner R. Bruce McBride acknowledging on November 19, 2012 the "need" for the manual to be updated, as of March 29, 2014 it still has not been updated. Evidently it's not been his top priority.

"the safety of our students and the security of our campuses is our top priority" — Governor Andrew Cuomo.
Press Releases. September 13, 2012. http://www.governor.ny.gov/press/091412stmtsunythreats

No SUNY campus should rely on Mr. McBride and the SUNY System Administration's Office of University Police to such an extent, given what Mr. McBride has acknowledged yet has failed to do and given what others have testified, e.g.:

"Each campus employs their own police chief and organizational structure, beyond what the SUNY Statewide Manual of Rules defines. To clarify, each campus police department relies on SUNY to recruit, collectively bargain, and pay their police officers, but they do not have to answer in any way to SUNY System Administration's Office of University Police" (111).
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (113-114). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF

With respect to the SUNY Police Manual being woefully out of date, it appears to lack reference to any kind of cyber crime, for example, and while it has a section regarding use of departmental telephones it lacks one regarding use of personal mobile phones while on duty or regarding the the Internet. Perhaps that lack is why SUNY Albany Police Investigator Wendy Knoebel, prior to her major area drug operation, drug barn, drugs scattered throughout her home, and an unregistered junk gun having been kept at her home, etc. all being uncovered by the State Police and the DEA, felt she could use her departmental address to post on deviantart.com regarding an online game and to also distribute her minor daughter's name and street address to strangers worldwide:

"whendloveshorses Mar 17, 2010 Hi Blackseagull I love this picture and all your work, I would love to use Blain for an on line game I'm playing.If you wouldn't mind, I will give you full credit!!! I just need a quality copy to work with perhaps 4mb or so. Please let me know. Anxiously awaiting your reply,Wendy Knoebel wknoebel@uamail.albany.edu" http://blackseagull.deviantart.com/art/Art-Trade-Blain-122259504

"316 Date: 2007-06-20 19:27:26 Wendy Knoebel ( wknoebel@uamail.albany.edu / no homepage) wrote: Hi K-9 handlers and dog trainers, I am a big K-9 fan ever since we got our Belgian Malinois. I have a K-9 card collection and would love to add some of your K-9’s to my collection. I also have some doubles so if anyone of you collect or know someone who collects cards I’d be happy to trade. I also collect patches, stickers, hats, t-shirts and anything else having to do with K-9’s. I hope you can help me out, if not perhaps you can let me know who I can contact in your agency. Or pass this on to someone else. Please mail cards to: [...]" (name and address redacted here March 29, 2014, though the address is thankfully no longer valid)
http://www.cpwda.com/mjguest/oldguest.html

Still, one would have thought SUNY Police Manual § 35.03 would have prohibited that: "DEPARTMENT ADDRESS. Members and employees shall not use the department as a mailing address for private purposes." Likewise, the most basic parental common sense should have suggested it was unwise, just as the most basic parental common sense should have suggested a major area drug operation and an unregistered junk gun were unwise.

Begin forwarded message:

From: "McBride, Bruce" [...]
Subject: RE: SUNY University Police training concerns?
Date: November 19, 2012 at 11:20:59 AM EST
To: Christopher Philippo [...]

Good morning Mr. Philippo:

The University-wide manual that you cite is currently in use. Certain parts of the document need to be updated. Thank you for bringing this to my attention.

Bruce McBride
Commissioner for Police

From: Christopher Philippo [...]
Sent: Friday, November 16, 2012 4:55 PM
To: R. Bruce McBride; McBride, Bruce
Subject: SUNY University Police training concerns?
Importance: High

Dear Commissioner McBride:

Given that the SUNY Police Manual states up front (page 5) in section 1.21 that the SUNY System Administration Office of University Police "Coordinates University Police operations throughout the SUNY system and, under direction of the Chancellor and the Board of Trustees, sets training, hiring and operational standards.", it seems most appropriate to bring the following to your attention.

I hope you will be able to address the subjects below which can briefly be described as the one provided in the subject line: serious concerns about the training of members of the University at Albany Police Department. More specifically, the concerns are that the provisions of theState University of New York Police Manual do not appear to have been consistently obeyed with respect to the training of University at Albany Police Department members for a number of years. Concerns about the University at Albany Police Department's operations and its training, hiring and operational standards are hard to avoid given a fairly recent case decided before the New York State Court of Claims, Abdul-Wahhab v. The State of New York, #2012-032-004, Claim No. 116205 (June 18, 2012) http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html
In Abdul-Wahhab v. The State of New York, I presume while under oath, Officer (now Lieutenant) Paul Burlingame had stated (in the words of the decision, not his) that he'd "never received any training in the Personal Property Law" and Assistant Chief of Police Paul Berger had stated (in the words of the decision, not his) that he "was not aware of the provisions of the Personal Property law".

Paul Burlingame has evidently been at the University at Albany Police Department since 2002: "Serving since 2002." http://police.albany.edu/Member2.asp?LName=Burlingame&FName=Paul

Paul Burlingame had thus testified that he'd been ignorant of the Personal Property Law from 2002 to December 14, 2007: approximately five years (supposing that the law dates back to 2002 - and for even longer than that if he'd served in other police departments than the University at Albany's prior to 2002).

"Assistant Chief Paul Berger has been with the University Police Department since December 1988." http://police.albany.edu/Member2.asp?LName=Berger&FName=Paul

Paul Berger had thus testified that he'd been ignorant of the Personal Property Law from December 1988 to December 14, 2007: nineteen years (supposing that the law dates back to 1988).

Given Mr. Berger's testimony, the Criminal Justice Studies program at Alfred University, the Public Administration program at Marist College, and the S.U.N.Y. University Police Academy all must have lacked instruction in the Personal Property Law. Marist College's lack would at least be understandable should that program not have had a concentration in police administration.

It's hard to understand how they'd failed to receive training regarding the Personal Property Law, or to learn it on their own, or why they would have been given orders to participate in such an ill-conceived operation (two male officers hiding in a women's restroom, using a peephole in the women's restroom, etc.?). To single out several sections from the SUNY Police Manual (though there are others that appear relevant as well):
§ 10.11 "University police members will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence.

"Through study and experience, a university police member can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly."

§ 15.09 "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action."

§ 15.11 "Members and employees shall observe and obey all laws and ordinances, all rules and regulations of the department and all general or special orders of the department."

§ 20.08 "All members shall attend in-service training as directed by the chief of university police. Such attendance is considered a duty assignment."

Clearly they had not taken "every reasonable opportunity" if what they'd stated to the court was correct; they'd had several years to find such an opportunity and had failed to do so. They had not established and maintained a "working knowledge of laws", had failed to "observe and obey" the law, and following what might be described as "improper action" they claimed to be ignorant of the law contrary to the directive of the SUNY Police Manual that "it will be presumed that the member was familiar with the law".

University at Albany Police Department Chief J. "Frank" Wiley was not named in the decision at all, but is brought up here due to some sections of the SUNY Police Manual referring to his responsibilities, including one responsibility specifically for training officers:

§ 1.03 "Chief of the University Police Department, responsible for the command of the department"

§ 5.10 "The chief of university police is responsible for the planning, directing, coordinating, controlling and staffing all of the department activities to include the protection of people, personal property, state property and equipment and the enforcement of laws and regulation within its legal jurisdiction. The chief is also responsible for officer training and documentation of such training."

How is it that Mr. Wiley had failed to be responsible, for so many years, for training Mr. Burlingame, Mr. Berger, and (one presumes since he's also named in the decision) Christopher T. Farina, and perhaps others?
I sincerely hope, given SUNY Police Manual § 1.21, that you'll share the same degree of concern I have and that you will be able to address the matters as they should be addressed.

Please see that the University at Albany Police Department does *not* contact me. I do not wish to hear from UPD given the state of that department at present and the nature of its members' past acts of communication with me.

Thank you for any help you can provide,

Sincerely,

Christopher K. Philippo

The version of the manual consulted is the follow, which is as far as I know the current manual:
Office of the Assistant Vice Chancellor for University Police and Public Safety. The State University of New York Police Manual. 6th Ed. Albany, NY: State University of New York: February 2007. http://www.suny.edu/sunypp/documents.cfm?doc_id=364

---

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

[End quoted e-mail]

The testimony of the SUNY Albany Police that they were ignorant of the Personal Property Law in general and N.Y. PER. PROP. LAW § 252 in particular and had not been training regarding it is remarkable for other reasons as well. The Personal Property Law is one of the laws that had to be amended by L. 1998, c. 424 to create the SUNY Police, upgrading them from peace officer status, a change in which they were very much invested; Paul Berger and J. "Frank" Wiley's employment predate that transition. N.Y. PER. PROP. LAW §§ 252 (1) and 258 both specifically mention university police. The problem of lack of proper training is a matter that's been known for some time, making it that much more inexcusable that any officers or command staff would continue to either fail to be properly trained or claim not to have been (again, something which the SUNY Police Manual prohibits), e.g.:

"Training on some of our campuses in [sic] nonexistent" (114).
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (113-114). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF

Here's hoping that SUNY Binghamton believes, as I do and as Governor Cuomo has claimed to believe, that the safety of our students and the security of our campuses should be a top priority.

I hereby appeal the denial of access regarding my request, which was made on March 26, 2014.
The records that were denied: police department manual for the State University of New York at Binghamton.
Aside from what James Lyman stated, "Because each police department is independently operated, each employs their own manual of procedures”, the Policy Statement in the SUNY Police Manual states "This manual will be augmented by campus operational procedures that will include appropriate guidelines, procedures and instructions applying to the unique circumstances existing at each campus" (2) https://www.suny.edu/sunypp/docs/364.doc
If SUNY Binghamton's Police Department has no other manual than the SUNY Police Manual (which was sent instead of what was requested thereby denying what was actually requested), it would seem it could be one of the departments about which it was stated "some SUNY police departments do not have a manual of procedures. This means that a police office has little or no direction as to how the university wishes to address a specific problem, thus liability issues arise.”
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (113-114). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF
Aside from the liability issues, it would be appalling if SUNY Binghamton, one of the four university centers, did not have such a manual.
"A Serbian-born former college basketball player who fled the United States in 2008 is expected to plead guilty in Belgrade, Serbia, on Tuesday as part of a deal that would send him to prison for attacking a classmate in Binghamton, N.Y., officials who have been briefed on the case said Monday."
Barron, James. "Guilty Plea Is Expected in Beating of Classmate" N.Y. Times. September 13, 2010. http://www.nytimes.com/2010/09/14/nyregion/14beat.html
"In this small upstate college town, there were many who tried to comprehend how a popular 77-year-old professor who championed antiwar philosophies would have come to such a violent end: stabbed to death in his office on Friday, by, the police said, a graduate student whom he knew." Schmidt, Michael S. "Binghamton Student Says He Warned Officials." N.Y. Times. December 6, 2009. http://www.nytimes.com/2009/12/07/nyregion/07binghamton.html
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.

Hello,

Please clarify whether the physical appeal letter has been received, as it was already mailed to the indicated address. If necessary, another letter can be mailed.

Thank you.

Hello,

As your response was unclear, the below appeal has been sent once again to the indicated address.

Thank you.

======

James J. Malatras, FOIL Appeal Officer
Office of University Counsel
SUNY Plaza - S315
Albany, NY 12246

April 9, 2014

To Whom It May Concern:

I am resending this appeal, as it is unclear whether it was originally sent to the correct address.

I hereby appeal the denial of access regarding my request, which was made on March 26, 2014.
The records that were denied: police department manual for the State University of New York at Binghamton.
Aside from what James Lyman stated, "Because each police department is independently operated, each employs their own manual of procedures”, the Policy Statement in the SUNY Police Manual states "This manual will be augmented by campus operational procedures that will include appropriate guidelines, procedures and instructions applying to the unique circumstances existing at each campus" (2) https://www.suny.edu/sunypp/docs/364.doc
If SUNY Binghamton's Police Department has no other manual than the SUNY Police Manual (which was sent instead of what was requested thereby denying what was actually requested), it would seem it could be one of the departments about which it was stated "some SUNY police departments do not have a manual of procedures. This means that a police office has little or no direction as to how the university wishes to address a specific problem, thus liability issues arise.”
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (113-114). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF
Aside from the liability issues, it would be appalling if SUNY Binghamton, one of the four university centers, did not have such a manual.
"A Serbian-born former college basketball player who fled the United States in 2008 is expected to plead guilty in Belgrade, Serbia, on Tuesday as part of a deal that would send him to prison for attacking a classmate in Binghamton, N.Y., officials who have been briefed on the case said Monday."
Barron, James. "Guilty Plea Is Expected in Beating of Classmate" N.Y. Times. September 13, 2010. http://www.nytimes.com/2010/09/14/nyregion/14beat.html
"In this small upstate college town, there were many who tried to comprehend how a popular 77-year-old professor who championed antiwar philosophies would have come to such a violent end: stabbed to death in his office on Friday, by, the police said, a graduate student whom he knew." Schmidt, Michael S. "Binghamton Student Says He Warned Officials." N.Y. Times. December 6, 2009. http://www.nytimes.com/2009/12/07/nyregion/07binghamton.html
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.

Mr. Malatras, as has been clearly stated more than once at this point, I requested the State University of New York at Binghamton police department manual, not the SUNY-wide manual. You have supplied the current SUNY-wide manual, thereby once more denying the request for the State University of New York at Binghamton police department manual.

Playing games with a simple FOIL request for the State University of New York at Binghamton police department manual while SUNY Binghamton is under investigation strikes me as something less than appropriate.

"Binghamton University is one of more than four dozen colleges and universities under investigation for its handling of sexual violence and harassment complaints, the U.S. Department of Education said Thursday."
"Sexual violence charges for BU; Feds making Title IX investigation of school." Press & Sun Bulletin. May 2, 2014. http://www.pressconnects.com/article/20140501/NEWS01/305010047/Binghamton-U-under-investigation-possibly-violating-federal-law

"In order to fulfill its commitment to providing professional law enforcement services, the New York State University Police (NYSUP) will operate under the guidance of the University Police Manual which consists of two parts. Sections 1-6, and Appendices A-D of the manual, developed and enacted by the State University of New York Office of University Police, contains rules, regulations and specific policies which govern matters having statewide impact. The statewide manual shall further provide definitions and information to help in the organizational structure of each University Police Department as well as general responsibilities for Department employees.
"Appendix E of the manual shall be developed and maintained at the campus level. Each University Police Department shall define and regulate specific operational policies and procedures and set appropriate guidelines and instructions applicable to the educational mission for each campus."
State University of New York University Police Manual. 8th Ed. April 2014. i. http://suny.edu/sunypp/docs/364.pdf

The impression one gets from this and other FOIL requests (among other things) is that the four SUNY university centers and SUNY system administration have a lack of commitment to providing professional law enforcement services. The response to the appeal for the State University of New York at Binghamton police department manual suggests that Binghamton failed to comply with the SUNY-wide manual by developing and maintaining Part 2/Appendix E of the manual - which is not meant to be a separate thing, but a part of the manual for that campus and as such should have been provided in response to the initial FOIL request, and should have been provided in response to the appeal.

"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

Mr. Malatras, unless you've filed a false statement, are you really informing the public that SUNY Binghamton lacks a police department manual?

If what you've indicated is true, it might explain a lot.

"In this small upstate college town, there were many who tried to comprehend how a popular 77-year-old professor who championed antiwar philosophies would have come to such a violent end: stabbed to death in his office on Friday, by, the police said, a graduate student whom he knew.
"Then there were those who said they had noticed signs of erratic behavior by the suspect, a graduate student at Binghamton University, who, they said, was becoming increasingly fearful — so much so that his roommate said he had warned university officials of his concerns."
Schmidt, Michael S. and Michael D. Regan. "Binghamton Student Says He Warned Officials." N.Y. Times. December 6, 2009. http://www.nytimes.com/2009/12/07/nyregion/07binghamton.html

“In May, the sophomore center Miladin Kovacevic beat a fellow student, Bryan Steinhauer, into a coma at a bar. After posting bail, Kovacevic fled to his native Serbia.
"Broadus declined comment on Kovacevic, who sat out last season with an injury but worked out with the team. Thirer said that Broadus had not recruited Kovacevic and had revoked his scholarship before the beating.
"In November, the transfer Malik Alvin was charged with stealing condoms from a Wal-Mart and assaulting a 66-year-old woman while leaving the store. Alvin’s story spread rapidly because condoms are available free on campus. He was suspended for three games and reinstated after the assault charges were dropped.”
Thamel, Pete. "At Binghamton, Division I Move Brings Recognition and Regret." N.Y. Times. February 21, 2009.
http://www.nytimes.com/2009/02/22/sports/ncaabasketball/22binghamton.html

"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

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Ms. Knickerbocker, I had requested "The police department manual for the State University of New York at Binghamton" on March 26, 2014 and it is now August 7, 2014 and you still have not provided the requested document. What kind of clarification could SUNY Binghamton possibly need?

If SUNY Binghamton and SUNY system administration don't understand what a "police department manual for the State University of New York at Binghamton" is, it seems SUNY Binghamton might not have one. If the SUNY Binghamton police department does not have a department manual, how can it possibly even function? The SUNY-wide manual itself indicates each campus needs one to supplement the SUNY-wide manual.

The three other university centers were all able to comply with the FOIL request for their campus police department manuals, though some had more trouble complying than others. I'm disappointed and surprised that SUNY Binghamton has yet to comply. I really had thought the University at Albany would prove to be the worst with respect to compliance with the law.

https://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-albany-police-dept-manual-10941/
https://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-buffalo-police-dept-manual-10932/
https://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-stony-brook-police-dept-manual-10920/

The SUNY-wide Police Manual is not a complete manual, as the text itself indicates.

Section 1.14 of the 6th Edition and Section 1.13 of the 7th Edition state in relevant part:
"MANUAL. 'Manual of Rules' of the department. The manual shall consist of a statewide section (Part 1) and a section developed at the individual campuses (Part 2). The campus manual shall apply to the internal operations of the campus department of University Police."

The SUNY-wide Police Manual Part 1, Eighth Edition, states in the introduction on page i in relevant part:
"In order to fulfill its commitment to providing professional law enforcement services, the New York State University Police (NYSUP) will operate under the guidance of the University Police Manual which consists of two parts. Sections 1-6, and Appendixes A-D of the manual, developed and enacted by the State University of New York Office of University Police, contains rules, regulations and specific policies which govern matters having statewide impact. The statewide manual shall further provide definitions and information to help in the organizational structure of each University Police Department as well as general responsibilities for Department employees.
"Appendix E of the manual shall be developed and maintained at the campus level. Each University Police Department shall define and regulate specific operational policies and procedures and set appropriate guidelines and instructions applicable to the educational mission for each campus.”

The SUNY-wide Police Manual Part 1, Eighth Edition, states in the Glossary on page v in relevant part:
“The Manual shall consist of a statewide sections [sic] and a section developed at the individual campuses.”

Other sections also refer to the second part of the manual, e.g. Section 45.90 of the 6th and 7th Editions states in part:
"HANDLING OF EVIDENCE/PROPERTY. Each campus shall include, in its manual, policies that outline the standard operating procedures for handling evidence or other property which comes into possession of the university police department."

The rules in the 8th Edition regarding what the second part of the complete manual shall (i.e. must) include seem to have been moved to Appendix E: "The purpose of this appendix is to provide university police departments with a list of topics for which each department must address through written policies."

Kellie Dupuis, FOIL Appeals Officer
Office of University Counsel
SUNY Plaza - S315
Albany, NY 12246

Dear Kellie Dupuis:
I hereby appeal the denial of access regarding my request, which was made on March 26, 2014 and acknowledged by Cindy Knickerbocker, Assistant to the Associate Counsel, Binghamton University.
The records that were denied include "The police department manual for the State University of New York at Binghamton" on March 26, 2014.

It is now August 12, 2014 and Binghamton University still has not, as far as I can see, provided the requested document.

The SUNY-wide Police Manual Part 1, Eighth Edition delivered on April 29, 2014 and on August 12, 2014, is not an entire police manual, but rather only one half of an entire manual as the "Part 1" on its very cover should indicate to any person who reads as far down the cover as the fourth line of text. Binghamton University was supposed to be responsible for creating Part 2 of the manual, the BInghamton University-specific part of the manual. If Binghamton University has not created one, or is not able to locate it, and is unable to even comprehend the request for it, that's rather problematic.

The SUNY-wide Police Manual is not a complete manual, as the text itself indicates.

Section 1.14 of the 6th Edition and Section 1.13 of the 7th Edition stated in relevant part:
"MANUAL. 'Manual of Rules' of the department. The manual shall consist of a statewide section (Part 1) and a section developed at the individual campuses (Part 2). The campus manual shall apply to the internal operations of the campus department of University Police."

The SUNY-wide Police Manual Part 1, Eighth Edition, states in the introduction on page i in relevant part:
"In order to fulfill its commitment to providing professional law enforcement services, the New York State University Police (NYSUP) will operate under the guidance of the University Police Manual which consists of two parts. Sections 1-6, and Appendixes A-D of the manual, developed and enacted by the State University of New York Office of University Police, contains rules, regulations and specific policies which govern matters having statewide impact. The statewide manual shall further provide definitions and information to help in the organizational structure of each University Police Department as well as general responsibilities for Department employees.
"Appendix E of the manual shall be developed and maintained at the campus level. Each University Police Department shall define and regulate specific operational policies and procedures and set appropriate guidelines and instructions applicable to the educational mission for each campus.”

The SUNY-wide Police Manual Part 1, Eighth Edition, states in the Glossary on page v in relevant part:
“The Manual shall consist of a statewide sections [sic] and a section developed at the individual campuses.”

Other sections also refer to the second part of the manual, e.g. Section 45.90 of the 6th and 7th Editions states in part:
"HANDLING OF EVIDENCE/PROPERTY. Each campus shall include, in its manual, policies that outline the standard operating procedures for handling evidence or other property which comes into possession of the university police department."

The rules in the 8th Edition regarding what the second part of the complete manual shall (i.e. must) include seem to have been moved to Appendix E: "The purpose of this appendix is to provide university police departments with a list of topics for which each department must address through written policies."

The three other university centers were all able to comply with the FOIL request for their campus police department manuals, though some had more trouble complying than others.

https://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-albany-police-dept-manual-10941/
https://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-buffalo-police-dept-manual-10932/
https://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-stony-brook-police-dept-manual-10920/

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.