SUNY Deputy Commissioner of State Univ. Police selection

Christopher Philippo filed this request with the State University of New York 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 pertaining to:
the decision to appoint a SUNY Deputy Commissioner of State University Police
the selection process for SUNY Deputy Commissioner of State University Police
the decision to appoint Paul Berger as SUNY Deputy Commissioner of State University Police

I had written SUNY Police Commissioner R. Bruce McBride on November 16, 2012 at 4:54 PM, bringing to his attention the incompetence and corruption of SUNY Albany Police Officers, including Paul Berger, subject line "SUNY University Police training concerns?" Mr. McBride responded to the e-mail on November 19, 2012 at 11:21AM, in part "Thank you for bringing this to my attention."

[begin exerpt from the e-mail for which I was thanked by Mr. McBride for bringing it to his attention]
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 the State 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.
[end excerpt from my e-mail]

Mr. McBride had acknowledged that I'd brought Paul Berger's alleged lack of police raining to his attention, and the alleged lack of police training of men under his command, and their court testimony claiming ignorance of the law in their defense despite the apparent prohibition in the SUNY-wide Police Manual on making such a defense. There are many other problems with that court case; Mr. Berger and the officers involved if they even had the most basic common sense would not have had male officers hiding in a women's restroom, using a peephole in the women's restroom to spy on a decoy bag they were using to entrap students. They would have provided honest students a way to demonstrate they were trying to determine the owner of the bag rather than steal it, but they'd provided nothing in the bag to enable students to contact its fictional owner. They would not have taken students outside after a major blizzard and arrested them, particularly with the female student wearing only shorts, a t-shirt, and sandals. They would not have refused the young female student a ride home at 1AM on a campus where at least two young female students have disappeared and the UAlbany Police have failed to ever find them.

Ms. Zimpher claimed Mr. Berger "embodies all of the ideals that we look for in a leader" and "has a deep knowledge of training requirements and opportunities for university police as well as the latest protocols for student safety, homeland security, and crisis intervention." It is hard to understand, without seeing records pertaining to the whole selection process, how she came to have such a belief about Mr. Berger when Mr. Berger's own (sworn?) court testimony was that he lacked such deep knowledge. It is, of course, possible that his testimony that he was ignorant of the law was false - but that would also raise serious concerns about appointing such a man.

I had brought other instances of incompetence and public corruption to Mr. McBride's attention, and to Nancy Zimpher's, but Mr. McBride generally declined to respond (similar to how he had declined to respond when I'd sought his help prior to his appointment) and Ms. Zimpher never did.

[begin quote from SUNY webpage]
Albany – State University of New York Chancellor Nancy L. Zimpher and Commissioner Bruce McBride today announced the appointment of Paul Berger as deputy commissioner of the State University Police, which serves the entire SUNY system. He was sworn in as deputy commissioner in a ceremony at System Administration in Albany.

Deputy Commissioner Berger will assist McBride in the oversight of police and security on SUNY’s 64 campuses across New York. Currently the president of the SUNY Police Chiefs’ Association, a position he was elected to by his peers, he has served in various positions with the University at Albany Police Department for the last 25 years, most recently interim deputy chief of police.

“As the SUNY university police work to ensure that our campuses serve as safe havens for all students, Deputy Commissioner Berger embodies all of the ideals that we look for in a leader,” said Chancellor Zimpher. “He has a deep knowledge of training requirements and opportunities for university police as well as the latest protocols for student safety, homeland security, and crisis intervention. I am confident that his appointment will benefit SUNY students, faculty, and staff across the state.”

“Whether students reside on campus or commute for class, their safety as well as that of the entire campus community is our primary concern, and ensuring that all officers have access to current training and best practices is a vital part of the University Police mission,” said Commissioner McBride. “As deputy commissioner, Paul will ensure that this is the case throughout SUNY. He has been an excellent partner and valuable member of the University Police for many years and I look forward to our closer collaboration as he takes on this new role in service to SUNY’s students, faculty, and staff.”

Deputy Commissioner Berger will be responsible for strategic planning among the SUNY’s University Police, collaborating with the system’s campus police departments and with various staffs such as employee relations, governmental affairs, student affairs, and boards of trustees. He will also serve as a liaison with a number of external stakeholders, including federal, municipal, and state law enforcement agencies, professional law enforcement associations, and state and national training organizations.

“I am excited about the opportunity to work with Commissioner McBride and the chiefs across SUNY to enhance University Policing for the students, faculty, and staff of the State University of New York,” said Deputy Commissioner Berger.
[end quote from SUNY webpage]
http://www.suny.edu/suny-news/press-releases/july-2014/7-1-14-deputy-commissioner/paul-berger-sworn-in-as-deputy-commissioner-of-state-university-police.html

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.

If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.

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

---
"the State is not an insurer or guarantor of the safety of SUNYA students"
McEnaney v. State of New York, 267 AD 2d 748 - NY: Appellate Div., 3rd Dept. 1999. http://scholar.google.com/scholar_case?case=14949034404515783354

From: FOIL

Dear Mr. Philippo,

This is to acknowledge receipt of your FOIL request to the State University of New York.

We are in the process of reviewing your correspondence and will be back to you within 20 business days regarding our response.

Thank you.

Sincerely,

Casey Vattimo
Records Access Officer

From: Christopher Philippo

Thank you for acknowledging the request in a timely manner.

The 8th Edition of the SUNY Police Manual states that an Assistant Chief (like Paul Berger had been for many years) is "A member of the Department’s command staff who serves directly under the command of the Chief and supervises command, line and auxiliary employees within the Department" and that "the Assistant and/or Deputy Chief are responsible for the [...] control of personnel to assure the performance of duties and adherence to established rules, regulations, policies and procedures [and] assurance that facilities, equipment, supplies, and material assigned to the Department are correctly used and maintained in accordance with university and campus policy guidelines." https://www.suny.edu/sunypp/docs/364.pdf The 6th Edition had stated more or less the same thing.

"Griffin said at that time [April 2011] he advised [Wendy Knoebel] to bring any guns she had at home to the police station for safekeeping because a divorce could trigger 'emotional' reactions."
Lyons, Brendan J. "SUNY police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011. http://www.timesunion.com/local/article/SUNY-police-officer-also-faces-gun-charge-1545138.php

Mr. Griffin evidently had no concern that Ms. Knoebel would need any guns at home for self-defense, but rather was concerned she would use her guns on herself or others. In light of that, advising her to bring her guns on campus was monumentally, unforgivably stupid and reckless. It's also against campus policy, if not against the law, for someone to bring an unregistered junk gun on campus or even to bring a registered gun on campus without authorization.

"The rules of the State University Board of Trustees (8 NYCRR §535.3 (j)) prohibit the possession of air guns, firearms, rifles, shotguns or other weapons on a state-operated campus of the University without the written authorization of the campus president."
"No air gun, firearm, rifle, shotgun or weapon may be possessed, stored, discharged, loaded or used on property owned or leased by the University unless the person in possession of said device meets the requirements set forth in these administrative procedures. The president of each state-operated campus may, in accordance with the provisions of section 590.3 of the rules of the University Board of Trustees (8 NYCRR § 590.3), grant written authorization to students, faculty, staff or other persons to permit the possession and storage of air guns, firearms, rifles, shotguns and weapons on campus only where such possession is required or permitted for the purposes specified in said section. When authorized, they will be stored unloaded in an appropriately secured area within or under the control of the University police department of each state-operated campus."
"When authorization is given to University police officers to carry firearms on duty, the weapon to be carried shall be state-owned and approved by the campus president. Only an officially issued firearm will be carried at any time on duty."
"Firearms on State-operated Campuses" policy item http://www.suny.edu/sunypp/documents.cfm?doc_id=367

Paul Berger's supervision of Matthew A. Griffin and Wendy Knoebel seems to have been truly awful.

"In a sworn statement given to State Police on May 19, a fellow SUNY investigator, Matthew A. Griffin, said that Knoebel had called him on May 17 and asked him to remove two pistols from her locker at the UAlbany police headquarters.
"He said Knoebel was comfortable storing her departmental weapon in a police armory safe but she asked him to take another gun, a .25-caliber Ravens Arms pistol, to his private residence for safekeeping.
"Griffin said he did not know at the time that Knoebel was facing imminent arrest on federal drug charges. He told State Police that he only learned of those charges the following day, May 18, after he had already returned Knoebel's unregistered handgun to the police station and logged it in as evidence.
"Griffin, a firearms instructor, said in the statement that he removed the gun from a safe at his house and brought it to the police station after he realized on his own that it was not registered. 'I did not want the pistol to be in my possession at my personal residence,' he said, adding that he did not learn of Knoebel's arrest until after he surrendered the gun.
"In his statement Griffin explained he did not question Knoebel's request to take the gun to his residence, rather than place it in a safe at the university police station's gun armory, because he assumed it had 'sentimental value.'"
Lyons, Brendan J. "SUNY police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011. http://www.timesunion.com/local/article/SUNY-police-officer-also-faces-gun-charge-1545138.php

Ms. Knoebel's departmental gun was always supposed to be in the armory, regardless of whether she was "comfortable" with that or not.

A Raven Arms .25 is not a gun that would have "sentimental value." For a Senior Firearms Instructor, Matthew A. Griffin is staggeringly ignorant about firearms and their proper use and storage. It leaves one wondering how good his firearms instruction to others could possibly be.

"By the mid-1990s, Ring of Fire guns dominated the criminal hit parade. For instance, in 1994 the top ten crime guns were, in order, the Lorcin P25; Davis Industries P380; Raven Arms MP25; Lorcin L25; Mossberg 500; Phoenix Arms Raven; Jennings J22; Ruger P89; Glock 17; and Bryco 38."
Brown, Peter Harry and Daniel G. Abel. Outgunned: Up Against the NRA; The First Complete Insider Account of the Battle Over Gun Control. NY: The Free Press, 2003. 157.

"Cox Newspaper's 1989 study of semi-automatic assault weapons found that Saturday Night Specials remain this country's most widely used crime guns. In conducting the study, Cox Newspapers reviewed 42,758 firearm trace requests submitted to BATF by police departments from every state for the period of January 1, 1988 through March 27, 1989. The study found that a Saturday Night Special—the Raven MP-25 semi-automatic pistol—was the firearm most commonly used by criminals. The MP-25, which weighs a mere 15 ounces and is only 4 3/4 inches long, was used in more homicides, in more narcotics crimes, and in more crimes overall, than any other firearm during the period surveyed."
Handgun Violence Prevention Act 1989: hearing before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, second session on H.R. 993 ... April 26, 1990, Volume 4 http://books.google.com/books?id=CvInAAAAMAAJ&q=%22Raven+MP-25+semi-automatic+pistol—was+the+firearm+most+commonly+used+by+criminals%22&dq=%22Raven+MP-25+semi-automatic+pistol—was+the+firearm+most+commonly+used+by+criminals%22&hl=en&sa=X&ei=RnmAVJzvLcSmNvb0gcgC&ved=0CB8Q6AEwAA

"This type of handgun, commonly known as a 'Saturday Night Special,' presents particular problems for law enforcement officials. Saturday Night Specials are generally characterized by short barrels, light weight, easy concealability, low cost, use of cheap quality materials, poor manufacture, inaccuracy and unreliability. These characteristics render the Saturday Night Special particularly attractive for criminal use and virtually useless for the legitimate purposes of law enforcement, sport, and protection of persons, property and businesses."
Kelley v. RG Industries, Inc., 497 A. 2d 1143 - MD: Court of Appeals 1985. http://scholar.google.com/scholar_case?case=4146105566330191972

The above case also quotes Patrick Murphy, Police Commissioner of the City of New York as testifying, "There is absolutely no legitimate reason to permit the importation, manufacture, or sale of these weapons, or their parts. They are sought only by people who have illicit motives, but who may have some difficulty securing a better gun. No policemen, no Army officer, no security guard, no businessman or merchant, and no sportsman would purchase one of these weapons for any lawful purpose." It quoted Maxwell Rich, Executive Vice President of the National Rifle Association, testifying, "[Saturday Night Specials] have never to my knowledge been accepted for advertising in our official journal, the American Rifleman. Our reason is that they have no sporting purpose, they are frequently poorly made, and they do not represent value received to any purchaser."

If no policeman would purchase a Raven Arms .25 for any lawful purpose, why would Wendy Knoebel have one, and why would Matthew A. Griffin have stated he believed her junk gun had "sentimental value" and willingly removed it from campus to his own home?

Mr. Berger's supervision of Matthew A. Griffin and Wendy Knoebel was clearly execrable. Mr. Berger's responsibility for the assurance that facilities, equipment, supplies, and material assigned to the Department are correctly used and maintained in accordance with university and campus policy guidelines was likewise clearly about as bad as it could possibly be. Why, then, would R. Bruce McBride and Nancy Zimpher promote Paul Berger to SUNY Deputy Commissioner of State University Police?

[begin excerpted e-mail]
From: "Christopher Philippo" [...]
Subject: SUNY Police firearm policy insubordination & integrity concerns?
Date: November 20, 2012 at 12:31:46 PM EST
To: Bruce McBride <bruce.mcbride@suny.edu>

Dear Commissioner McBride,

University at Albany Chief Chief Firearms Instructor Matthew A. Griffin evidently serves, or served, on a SUNY-wide firearms committee, further amplifying concerns about his advice to UPD Investigator Wendy Knoebel to bring her weapons to campus when he feared she might use them at home during a divorce in an "emotional" moment; his knowledge that she was storing her departmental weapon and a "Saturday Night Special" in her locker when the former should have been tagged in the armory and the latter shouldn't have been on campus at all; his removing them from her locker (and his willingness to do so, no questions asked); his taking her Raven Arms .25 home to put in his safe; his bringing her unregistered "junk gun" back on campus and logging it in as evidence himself rather than calling the police with jurisdiction over his own home, etc. [...]
[end excerpted e-mail]

[begin excerpted e-mail]
From: Christopher Philippo [...]
Subject: SUNY correcting handling of sexual harassment/violence complaints w/victims & witnesses?
Date: January 14, 2014 at 4:33:42 PM EST
To: Chancellor Nancy Zimpher <chancellor@suny.edu> [and others]

State University of New York Chancellor Zimpher: [...]

“[Matthew Griffin, SUNY Albany Police Chief Firearms Instructor] has been with SUNY police since March 1997 and was promoted to investigator in 2003. He said Knoebel told him in April that she was considering filing for divorce from her husband, Kenneth, who also was arrested on marijuana charges. Griffin said at that time he advised her to bring any guns she had at home to the police station for safekeeping because a divorce could trigger ‘emotional’ reactions."
Lyons, Brendan J. "SUNY Police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011: B11. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=15255123

Mr. Griffin’s advice seems to run directly contrary to something noted by the FBI, that “Risk factors at times associated with potential violence include […] bringing weapons onto a work site; […] breakup of a marriage or romantic relationship; other family conflicts; financial or legal problems; or emotional disturbance.”
Rugala, Eugene A. and Arnold R. Isaacs, Eds. Workplace Violence: Issues in Response. Quantico, VA: Federal Bureau of Investigation.

That he feared she might use her weapons in an emotional disturbance brought on by the breakup of a marriage and that he would have encouraged her on that very basis to bring all her weapons onto a state university campus makes no sense whatsoever: it runs contrary to even the most basic common sense. His subsequent actions are likewise inconsistent with a law enforcement officer.

"In a sworn statement given to State Police on May 19, a fellow SUNY investigator, Matthew A. Griffin, said that Knoebel had called him on May 17 and asked him to remove two pistols from her locker at the UAlbany police headquarters.
"He said Knoebel was comfortable storing her departmental weapon in a police armory safe but she asked him to take another gun, a .25-caliber Ravens Arms pistol, to his private residence for safekeeping.
"Griffin said he did not know at the time that Knoebel was facing imminent arrest on federal drug charges. He told State Police that he only learned of those charges the following day, May 18, after he had already returned Knoebel's unregistered handgun to the police station and logged it in as evidence."
Lyons, Brendan J. "SUNY police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011: B1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=15255123

Mr. Griffin would presumably have known that neither the Raven Arms .25 nor the departmental weapon should have been in Ms. Knoebel's personal locker. “Firearms on State-operated Campuses” §§ II (C ) and V (A); 8 NYCRR § 590.4; and the SUNY Police Manual § 75.21 seem to indicate that all firearms should be kept in the university police arsenal, tagged. "Firearms on State-operated Campuses" §II (D) and 8 NYCRR § 590.4 would seem to have prohibited him from removing them, unless he'd been designated by the chief administrative officer in writing? SUNY Police Manual §§ 70.01 and 70.04 would also seem to have prohibited him from, after having secured the Raven Arms .25 in a safe at his own home, from removing it, from bringing an unregistered firearm back on campus, and from logging it in as evidence himself. Those sections seem to indicate he should have called the police with jurisdiction over his home and turned it over to their custody at his home.

Both Mr. Griffin and Ms. Knoebel presumably knew the reputation of guns such as the Raven Arms .25:

"This type of handgun, commonly known as a 'Saturday Night Special,' presents particular problems for law enforcement officials. Saturday Night Specials are generally characterized by short barrels, light weight, easy concealability, low cost, use of cheap quality materials, poor manufacture, inaccuracy and unreliability. These characteristics render the Saturday Night Special particularly attractive for criminal use and virtually useless for the legitimate purposes of law enforcement, sport, and protection of persons, property and businesses" (1153-1154) [emphasis added].
Kelley v. RG Industries, Inc., 497 A. 2d 1143 - MD: Court of Appeals 1985. http://scholar.google.com/scholar_case?case=4146105566330191972

That case goes on to cite prominent individuals' testimony at Senate hearings, for example, "Patrick Murphy, Police Commissioner of the City of New York, added […] 'There is absolutely no legitimate reason to permit the importation, manufacture, or sale of these weapons, or their parts. They are sought only by people who have illicit motives, but who may have some difficulty securing a better gun. No policemen, no Army officer, no security guard, no businessman or merchant, and no sportsman would purchase one of these weapons for any lawful purpose’” (1154 n. 10) [emphasis added]. Even the National Rifle Association does not like such guns: “Maxwell Rich, Executive Vice President of the National Rifle Association, testified in Senate hearings that: '[Saturday Night Specials] have never to my knowledge been accepted for advertising in our official journal, the American Rifleman. Our reason is that they have no sporting purpose, they are frequently poorly made, and they do not represent value received to any purchaser.’” (1154 n. 10) [emphasis added]
[end excerpted e-mail]

I note that Assistant Chief of Police Paul Berger had received an honor for "Excellence in Professional Service" http://www.albany.edu/president/awards/2014/paul_berger.shtml

Many awards, honors, appointments, or promotions for UAlbany Police have seemed poorly-selected.

"Lawrence Gall [sic] Memorial award for professional police service"
"Matthew A. Griffin." http://police.albany.edu/Member2.asp?LName=Griffin&FName=Matthew

"In 2002, [Wendy] Knoebel received the Lawrence E. Gall [sic] Award, awarded to officers exhibiting excellence in police services to the UAlbany community."
"Wendy Knoebel: Driven by Evidence." April 20, 2009. Campus News. University at Albany. http://web.archive.org/web/20090504133846/http://www.albany.edu/news/campus_news_6077.php

"On Tuesday, February 9, 1999, University President Hitchcock officiated at the police officer swearing-in ceremony. Also present were Vice Presidents Kirchner and Doellefeld, and the New York State Director of University Police, R. Bruce McBride. Many officers brought their families to share in the celebration as their took their oath of office as police officers.
"This event, held at the Alumni House, also served as the Department's annual awards ceremony. Tim Brady received the award for 1998 Officer of the Year, and Investigator Wendy Knoebel received the Chief's Award for Excellence"
"What's New…" University at Albany, Department of Public Safety. http://web.archive.org/web/19990501211630/http://www.albany.edu/public_safety/whatsnew.html

Ms. Knoebel had failed to solve the disappearance of SUNY Albany student Suzanne Lyall in 1998, a student who remains missing, so it's difficult to understand what could possibly have been excellent about Wendy Knoebel's work that year. Such awards seem to be meaningless at best.

From: FOIL

Mr. Philippo,

In response to your Nov. 25, 2014, FOIL request, please be advised that your request is not a request for reasonably described records as required under section 89(3) of the Public Officers Law as it does not provide us with enough specificity to conduct a search for the records you seek. In addition, it would seem that many of the records which arguably would fall within the realm of decision-making as noted in your request would, in any event, be intra-agency documents exempt from disclosure under section 82(g) of the Public Officers Law.

Notwithstanding these exemptions, I am attaching two documents:

· the SUNY Job Posting for the Deputy Commissioner position, to which Paul Berger was ultimately appointed; and

· SUNY’s Talented Workforce Guide, which outlines the process that led to his appointment.

If you wish to appeal this decision, you may do so by sending a FOIL appeal letter within thirty (30) days to:

Kellie Dupuis
SUNY FOIL Appeals Officer
State Univeristy Plaza
Albany, NY 12246

Sincerely,
Casey Vattimo
SUNY Records Access Officer

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