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GUILDERLAND TOWN BOARD TOWN BOARD MEETING AGENDA P A C K E T MARCH 2, 2021 07:00 PM

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GUILDERLAND TOWN BOARDTOWN BOARD MEETING AGENDA

P A C K E TMARCH 2, 2021

07:00 PM

A G E N D AGUILDERLAND TOWN BOARD

TOWN BOARD MEETING AGENDAMARCH 2, 2021 MARCH 2, 2021

07:00 PM07:00 PM

Pursuant to the Governor's Executive Orders, which suspended the OpenMeetings Law, the public may listen and view the meeting live on Verizonchannel 34, Spectrum channel 1303, and Town website(https://www.townofguilderland.org/town-meeting-videos) and may dial (929)205-6099 Meeting ID: 856 1244 5217 Passcode: 238323 to provide comment. Minutes of the meeting will be transcribed and posted on the Town's website.

Pledge of Allegiance

Roll Call

Public Comment

Approval of February 16, 2021 minutes

Public Hearing at 7pm

Consider adopting the draft action plan prepared by the Police Reform &Reinvention Collaborative Committee.Attachment: Action Plan.pdf

Attachment: Action Plan Resolution.pdf

1. Agenda

1Consider authorizing the Town Supervisor to sign the Federal TransitAssistance Agreement with the NYS Department of Transportation for thepurchase of senior bus at an estimated cost of $146,195, with a Federal share of$116,956 and a Town share of $29,239.Attachment: Agenda Item 1.pdf

2.Consider adopting the proposed resolution for Shared Costs andResponsibilities of Local Features associated with NYS Department ofTransportation's construction of a proposed roundabout at Carman Road andLydius Street.Attachment: Agenda Item 2.pdf

3.Consider adopting the proposed resolution for Landscaping associated withNYS Department of Transportation's construction of a proposed roundabout at

Guilderland Town Board Page 1 of 2 Town Board Meeting Agenda - 03/02/21

Carman Road and Lydius Street.Attachment: Agenda Item 3.pdf

4.Consider approving the proposed settlement of the tax certiorari proceedingchallenging the 2019 and 2020 assessments for Star Plaza, Inc. with a possiblereadjustment of $7,825.59 in Town property taxes as recommended by theAssessor.Attachment: Agenda Item 4.pdf

2. Adjournment

Guilderland Town Board Page 2 of 2 Town Board Meeting Agenda - 03/02/21

^ Back to Agenda ^ General Attachment: Action Plan.pdf

Town of

Guilderland

Police Reform

& Reinvention

Collaborative

Committee

ACTION PLAN

with Recommendations

and Action Items

February 8, 2021

Town Board Meeting Agenda - PACKET - (Page 4 of 48) Page 1 of 33 General Attachment: Action Plan.pdf (Page 1 of 33)

General Attachment: Action Plan.pdf

Page 2

Committee Members

Peter G. Barber, Town Supervisor

William Betjemann, NYS Division of Criminal Justice (retired)

Jaya Connors, Director of Family Violence Litigation Clinic at Albany Law School

Willie Dean, Minority Business Owner

Robert Fleury, Assistant Attorney General (retired)

Matthew Hanzlik, Police Union Rep. & Drug Abuse Resistance Education Officer

Daniel McNally, Chief of Police

Christine Rodriguez, Director of Domestic Violence Services at Equinox, Inc.

David Rossi, Assistant District Attorney

Salvatore Russo, Assistant Public Defender

Gustavos Santos, Minority Business Specialist, NYS Dept. of Transportation

Harjup Singh, Town Paramedic

Patricia Slavick, Town Board Member

Rev. Matthew van Maastricht, Pastor, Altamont Reformed Church

Moderator

Ava Ayers, Professor of Law, Albany Law School

Administrative Assistant

Jessica Montgomery

Town Board Meeting Agenda - PACKET - (Page 5 of 48) Page 2 of 33 General Attachment: Action Plan.pdf (Page 2 of 33)

General Attachment: Action Plan.pdf

Page 3

INTRODUCTION

On June 12, 2020, Governor Andrew Cuomo issued Executive Order 203 which required every

municipality with a police department to undertake a comprehensive police reform and

reinvention collaborative processes. The purpose of this effort was to foster trust and fairness

between police officers and the community, and address racial bias and disproportionate policing

of persons of color. The Order required the adoption of an action plan by April 1, 2021.

On June 12, 2020, the Governor signed the “Say Their Name” Reform Action with meaningful

reforms to the State’s criminal justice system, including the repeal of Civil Rights 50-a, banning

chokeholds, prohibiting race-based 911 calls, and appointing the Attorney General as an

independent prosecutor for police involved deaths.

In August, 2020, the Town Board established the Town of Guilderland Police Reform and

Reinvention Collaborative Committee. The appointed committee consists of 13 individuals who

volunteered time to review, modify and modernize policing strategies, policies, procedures and

practices. The members brought with them education and experience in policing, policy

development, the legal community with perspectives on prosecution, public and private civil and

criminal defense, social work, community involvement and organizational management.

The committee maintains a webpage (https://www.townofguilderland.org/police-reform-and-

reinvention-collaborative-committee) with agendas and minutes of its meetings, and background

information including Executive Order 203 hereto as Exhibit A, NYS Police Reform &

Collaborative Resource Guide, President Obama’s 21st Century Policing Report, NYS Division

of Criminal Justice’s Accreditation Program, and Police Department policies and a Police

Reform and Reinvention Survey with results hereto as Exhibit B.

The committee was divided into four subcommittees to review a range of topics, including

implicit bias, current policies, programs and practices of the Police Department. The four

subcommittees are:

1. Policies & Training

2. Response & Diversion

3. Criminal Justice Strategies

4. Racial Justice & Equity

From September until mid-December, subcommittee meetings provided opportunities for robust

discussion of existing policies and practices and the sharing of differing ideas and opinions. The

subcommittees met approximately bi-weekly, first in person but then as COVID restrictions

increased, met remotely, to share information, discuss findings and propose and reach

subcommittee consensus on recommendations that were advanced to the committee. While the

subcommittees caution that their efforts clearly did not exhaust avenues for examination, a

consensus was reached on a number of recommendations that they believe provide a starting

point for what will necessarily be a continuing discussion.

Town Board Meeting Agenda - PACKET - (Page 6 of 48) Page 3 of 33 General Attachment: Action Plan.pdf (Page 3 of 33)

General Attachment: Action Plan.pdf

Page 4

GUILDERLAND POLICE DEPARTMENT

The Guilderland Police Department is a law enforcement agency which provides emergency and

non-emergency services to the residents and visitors in the Town of Guilderland and Village of

Altamont. These services include, but are not limited, to general law enforcement duties,

community services unit, traffic safety unit, criminal investigations, K-9 unit, emergency

medical services, animal control, a communications division, and several community outreach

programs including training.

The Police Department began in 1972 with a Chief of Police, six officers, five dispatchers and a

secretary. The Department’s Mission Statement stated in 1972, and today: The mission of the

Police Department is to deter and apprehend criminals, maintain strong police-community

relations; and to continually enhance the training and expertise of each member of the police

force.

The Police Department now has fifty-six full time employees, and is overseen by a Chief of

Police, Deputy Chief of Police, Captain, and First Sergeant. There are three administrative

assistants. The law enforcement division of the agency consists of 27 full time police officers,

four patrol sergeants, and four investigators. There is one full time School Resource Officer who

serves the Guilderland Central School District. The agency has a full time K-9 handler, three

officers assigned full time to the Community Services Division, two officers assigned to Retail

Interdiction Detail (R.I.D.) and a Police Chaplain. Communications is staffed by one senior

telecommunicator and ten full time telecommunicators. The Animal Control Unit is composed

of two full time Animal Control Officers.

In 1986, the Police Department, initiated an Emergency Medical Services Division. This newly

formed EMS Division was comprised of police officers, civilians and volunteer paramedics. The

unit operated as a fly car system providing advanced level care to the Town volunteer ambulance

services. From 1988 until 2000, the EMS Division was staffed almost exclusively by Police

Officer Paramedics. As the Town grew, the role of EMS increased. In 2020, the EMS Division

became a separate EMS Department with a Medical Director, EMS Director, Director of

Operations, Assistant Director of EMS, five Paramedic Supervisors, eighteen full and part-time

Paramedics, and 21 part-time EMTs.

The Police Department has received accreditation from the NYS Division of Criminal Justice

Services. This program has had significant impact on law enforcement with nearly 150 agencies

now accredited. The Accreditation Program provides a comprehensive blueprint for effective,

professional law enforcement. The review is every five years to ensure standards are met. The

Police Department was first accredited in 2009 and was reaccredited in 2014 and 2019.

In 2017, the Police Department was among the first suburban agencies to deploy body and car

cameras. The 2021 police budget is $4,601,558.00. In 2019, the Police Department handled

34,136 calls for services, making 1,028 adult arrests, 48 juvenile arrests, and issued 3,101 traffic

tickets.

Town Board Meeting Agenda - PACKET - (Page 7 of 48) Page 4 of 33 General Attachment: Action Plan.pdf (Page 4 of 33)

General Attachment: Action Plan.pdf

Page 5

1. POLICIES AND TRAINING The Action Plan’s first topic explores the Town’s policies and training protocols with regard to

communities of color. This topic’s work involved reviewing Police Department policy

statements and training schedules, and State and national reports on police reform. Members of

the Department were available to the volunteers to help foster understanding of contractual

obligations, policies, procedures, arrest reports, staffing and deployment.

The subcommittee reviewed current policies, statewide accreditation standards, Police

Benevolent Association training requirements and training regimens. The subcommittee

examined Use of Force Policies, Guidelines and Standards, De-Escalation Training and

Practices, Implicit Bias Awareness Training, Disproportionate Policing Based on Race, Review

of “No Knock” warrants, Current Deployment & Strategies and 50-a Review (refers to now

repealed Section 50-a of NY Civil Service Law) relating to disclosure of police disciplinary

records under the State Freedom of Information Law. The subcommittee also compared the

Police Department’s policies and training requirements with State (NYS Department of Criminal

Justice Services) and Federal (U.S. Department of Justice and Federal Bureau of Investigation)

policies and training to gain a better understanding of State and local trends in law enforcement

recruitment and training.

1.1 RECOMMENDATION: REVIEW AND UPDATE USE OF FORCE POLICY

AS NEEDED OR RECOMMENDED BY NYS DIVISION OF CRIMINAL

JUSTICE SERVICES.

The Police Department established a policy for the use of force within the limits established by

Article 35 of the New York State Penal Law. The policy originated in February of 2008 and is

publicly posted on the Town and Police Department websites. Members of the Police

Department are expected to exhaust every reasonable means to effectively bring an incident or

person under control before using force. Each officer is trained to be able to articulate the facts

and circumstances surrounding the force used in a particular situation.

1.1.1 Action Item: Use of Force Policy Review

The Police Department will continue to review and evaluate the Use of Force policy and

make recommended updates as needed per Article 35 of the New York State Penal Law

and NYS Division of Criminal Justice Services. In 2020 this policy was updated on June

7, 2020 and again on October 7, 2020 with changes effective immediately. New York

State Accreditation assessment team that consists of a team leader, and two assessors

evaluated this policy during an accreditation re-assessment. The assessment team are

retired law enforcement members who are from various police departments in the State.

1.2 RECOMMENDATION: ANNUAL TRAINING FOR CONFLICT

PREVENTION, CONFLICT RESOLUTION AND NEGOTIATION AND DE-

ESCALATION TECHNIQUES AND STRATEGIES.

Town Board Meeting Agenda - PACKET - (Page 8 of 48) Page 5 of 33 General Attachment: Action Plan.pdf (Page 5 of 33)

General Attachment: Action Plan.pdf

Page 6

Training is provided to accommodate the department’s needs and actualize the interest and

concern which the Department has for the self-improvement and personal development of its

officers. Training Standards are classified into four areas: Basic, In-Service, Supervisory

Training, and Training Records.

● Basic

● Basic Course for Police Officers

● Firearms Training

● Use of Less Lethal Substance/Devices

● Field Training

● In-Service

● Length and Content

● Instructor Qualifications

● Specialized Training

● Supervisory Training

● First-Line Supervisors

● Annual Supervisory Training

● Training Records

● Personnel Training Records

● Training Courses

● Agency Sponsored Courses

1.2.1 Action Item: Enhanced Training and Education

The Police Department is committed to having an effective training and continuing

education program. Adding additional areas of education or training in conflict

prevention, conflict resolution and negotiation and de-escalation techniques and

strategies. By adding these training requirements it will help to ensure offers refresh their

techniques and strategies, develop new techniques and strategies, and they will be current

on emerging topics and effective practices for being in the field. The Department will

pursue additional funding for these additional focuses of training.

1.2.2 Action Item: Increase the annual hours of training.

Currently under DCJS guidelines, police officers are required to complete 21 hours a year

of in-service training to include firearms training, use of force, and legal review. By

increasing the hours of required training, the Police Department would be able to expand

implicit bias training. This training would be intended to help officers understand and

minimize the role of unconscious bias.

1.3 RECOMMENDATION: ESTABLISH POLICY AND PROTOCOLS

REQUIRING SUPERVISORY REVIEW OF NO-KNOCK AND AFTER HOUR

WARRANT REQUESTS PRIOR TO PRESENTATION TO A JUDGE.

Town Board Meeting Agenda - PACKET - (Page 9 of 48) Page 6 of 33 General Attachment: Action Plan.pdf (Page 6 of 33)

General Attachment: Action Plan.pdf

Page 7

No-Knock and After-Hour warrants are warrants issued by a judge that allows for police officers

to enter a property without immediate prior notification by knocking or ringing a doorbell. The

Police Department rarely engages in these types of warrants, but sometime for the safety of

people involved the department will act on this type of warrant. Before law enforcement

proceeds with this type of warrant, it does need to be ordered by a judge.

1.3.1 Action Item: Revise “No-Knock” Policy

Revise Policy number 5.407 to include a mandatory supervisory review of an application

for a “No-Knock” or “After Hours” warrant prior to submission to a member of the

judiciary. The review should include adherence to procedure, safety and avoidance of

undue risk.

2. RESPONSE AND DIVERSION The Action Plan’s second topic considers how the Police Department responds to mental health,

despondency, substance/alcohol abuse, homelessness and other related calls. It explores

strategies that the Town and its Police Department could implement for adapting promising

interventions to better support crisis response and pre-arrest diversion in the community.

2.1 RECOMMENDATION: DEPLOY SOCIAL SERVICES PERSONNEL

INSTEAD OF, OR IN ADDITION TO, POLICE OFFICERS IN SITUATIONS

INVOLVING MENTAL HEALTH, DESPONDENCY,

SUBSTANCE/ALCOHOL ABUSE AND HOMELESSNESS.

Diversion includes any of a variety of programs that implement strategies seeking to avoid the

formal processing of an offender by the criminal justice system. Although those strategies,

referred to collectively as diversion, take many forms, a typical diversion program results in a

person who has been accused of a crime being directed into a treatment or care program as

an alternative to criminal prosecution and imprisonment.

Related calls received by the Guilderland Police Department:

Year

Number

of Calls

2018 228

2019 231

Source: Guilderland Police Department 2019 Annual Report:

https://www.townofguilderland.org/sites/g/files/vyhlif3196/f/uploads/2019_annual_report

_hq.pdf

Cross reference: Action Item 2.2.1

Town Board Meeting Agenda - PACKET - (Page 10 of 48) Page 7 of 33 General Attachment: Action Plan.pdf (Page 7 of 33)

General Attachment: Action Plan.pdf

Page 8

2.1.1 Action Item: Implement The ‘Proposal For Patients With Mental Health

Crisis’, As Recommended By Town Emergency Medical Services (EMS)

This proposal entails the formation of a joint intervention/emergency response team to be

comprised of EMS/Police/Mobile Crisis. Should there be no concerns for scene safety, a

police officer will respond, as well, but will stay away from the scene. Should the patient

or a bystander become unruly or the scene become unsafe for the paramedic or EMT

(Emergency Medical Technician), a police officer can respond in. If the Mobile Crisis

team is unable to respond, EMS will connect to a therapist or counselor via an iPad to

UCM (United Concierge Medical). A consultation will be provided via the iPad to help

the patient get to the best resources possible. It is understood that this action comes with

funding as a caveat.

2.1.2 Action Item: Increase EMS Training

Provide additional training for paramedics and EMTs, as part of their yearly training

requirements, on how to properly care for and interact with patients suffering from a

mental health crisis, despondency, substance/alcohol abuse, homelessness or other related

emergencies.

2.1.3 Action Item: Implement a Follow-Up Protocol

Implement call follow-up as a way to keep in touch and track someone who went to a

hospital for mental health crisis, despondency, substance/alcohol abuse, or other related

emergency.

2.1.4 Action Item: Alternatives to Mobile Crisis

Explore alternatives to the Mobile Crisis (Albany County) as a resource for people who

are not suicidal or homicidal.

Implementation of the above Action Items are contingent upon the availability of funding.

Patient co-payments may be an issue but not a hurdle.

2.2 RECOMMENDATION: ESTABLISH ROLE OF POLICE IN RESPONSE TO

NON-CRIMINAL CALLS.

The NYS Police Reform and Reinvention Collaborative Resources & Guide for Public Officials

and Citizens asks: Should police be involved in responding to non-criminal conduct? What

types of calls is the Police Department handling that are non-criminal and should be handled by a

different entity?

Cross Reference: Action Item 2.1.1

Town Board Meeting Agenda - PACKET - (Page 11 of 48) Page 8 of 33 General Attachment: Action Plan.pdf (Page 8 of 33)

General Attachment: Action Plan.pdf

Page 9

2.2.1 Action Item:

For calls related to a mental health crisis, despondency, alcohol/substance abuse, and

homelessness (non-criminal), the Police Department should partner with EMS to

implement ‘Proposal for Patients with Mental Health Crisis’, as recommended by

Guilderland EMS, with funding as a caveat. This proposal is described in Action Item

2.1.1.

2.3 RECOMMENDATION: FOR DISPATCHING PRACTICES, DETERMINE

WHAT FUNCTION 911 CALL CENTERS SHOULD PLAY IN OUR

COMMUNITY AND WHAT ADDITIONAL TRAINING CAN BE PROVIDED.

2.3.1 Action Item:

Include Dispatch in the NYS Division of Criminal Justice Accreditation Program. There

is no set standard in NYS for Dispatch.

2.3.2 Action Item:

Dispatcher Training: expand upon questions that are asked by Dispatchers and improve

Dispatcher training in the areas of gender identity identification, implicit bias, and

cultural sensitivity.

2.3.3 Action Item:

Increase the number of hours for Dispatcher training and provide yearly training.

Providing increased training will be contingent upon funding for the cost of covering

shifts while Dispatchers attend training classes.

2.4: RECOMMENDATION: EFFECTIVELY UTILIZE LAW ENFORCEMENT-

ASSISTED DIVERSION (LEAD) PROGRAMS IN OUR COMMUNITY.

2.4.1 Action Item:

Participation in the Albany LEAD Program (Law Enforcement Assisted Diversion)

pending when it becomes available to Albany County municipalities and funding is

available.

Albany Law Enforcement-Assisted Diversion (LEAD) program: In lieu of the normal

criminal justice system cycle -booking, detention, prosecution, conviction, incarceration -

individuals are referred into a trauma-informed intensive case-management program

where an individual receives a wide range of support services, often including transitional

and permanent housing and/or drug treatment. More information can be found here:

https://www.albanyny.gov/DocumentCenter/View/1411/Albany-LEAD-Packet-

PDF?bidId=

Town Board Meeting Agenda - PACKET - (Page 12 of 48) Page 9 of 33 General Attachment: Action Plan.pdf (Page 9 of 33)

General Attachment: Action Plan.pdf

Page 10

2.4.2 Action Item:

Determine what type of funding will be required from the Police Department to

implement the LEAD Program once it becomes available.

2.4.3 Action Item:

Expand current Grant Writer resources.

.

2.5 RECOMMENDATION: IMPLEMENT POLICING PRACTICES TO

PROMOTE EFFECTIVE CRIME/VIOLENCE PREVENTION AND

REDUCTION WHILE BUILDING PUBLIC TRUST IN POLICE.

Cross Reference: Recommendation 2.6

2.5.1 Action Item:

Explore using SNUG Program (administered by NYS Department of Criminal Justice

Services), partnering with Trinity Alliance of the Capital Region, and depending on

funding.

The SNUG Program is referenced in NYS Police Reform and Reinvention Collaborative.

The NYS Division of Criminal Justice Services administers a Street Outreach Program,

called SNUG, that uses an evidence-based model to identify individuals at a high risk of

engaging in gun violence. SNUG addresses the issues that may prompt those individuals

to use a gun, and aims to change community norms and attitudes that accept violence as a

part of life. The program employs street outreach workers who live in the communities

where they work, many of whom had previously been engaged in street level crime and

served terms of incarceration. These credible messengers have legitimacy within the

community and can be a positive force for change and crime reduction in neighborhoods

with historically high levels of crime. SNUG programs are active in Albany, Bronx,

Buffalo, Hempstead, Mount Vernon, Poughkeepsie, Rochester, Syracuse, Troy,

Wyandanch, and Yonkers. More information can be found here:

https://www.nyconnects.ny.gov/services/snug-violence-prevention-37

2.5.2 Action Item:

Add other classes/trainings for crime prevention.

2.5.3 Action Item:

Re-evaluate DARE (Drug Abuse Resistance Education) and SRO (School Resource

Officers), currently in place, and determine if they are still effective.

2.5.4 Action Item:

Town Board Meeting Agenda - PACKET - (Page 13 of 48) Page 10 of 33 General Attachment: Action Plan.pdf (Page 10 of 33)

General Attachment: Action Plan.pdf

Page 11

Explore how Neighborhood Associations, including clergy, can be used.

2.6 RECOMMENDATION: IMPLEMENT COMMUNITY BASED OUTREACH

AND CONFLICT RESOLUTION INITIATIVES THAT CAN BE OFFERED

TO ENGAGE OUR COMMUNITY. COMMUNITY OUTREACH REFERS TO

EFFORTS THAT CONNECT AN ORGANIZATION’S IDEAS OR

PRACTICES TO THE PUBLIC. THERE IS AN EDUCATIONAL

COMPONENT THAT ENGAGES THE COMMUNITY.

Cross Reference: Recommendation 2.5

2.6.1 Action Item:

Provide transportation to less fortunate children to get them to sporting events so that

they can participate. This Action Item will include coordination with Youth Sports

management/coaches to determine which children are in need of transportation. This can

be done as part of a group working collaboratively. An additional component of this

Action Item is outreach to families to encourage children to sign up for sports regardless

that they may not have transportation to practices and games.

2.6.2 Action Item:

Leverage youth groups, such as YMCA.

2.6.3 Action Item:

Explore feasibility of utilizing Read Outload and PAL (NYPD) programs. PAL serves

the youth of New York City with recreational, educational, cultural, and social programs,

after-school programs, summer camp, sports and rec.

2.6.4 Action Item:

Utilize volunteers for follow-ups.

3. CRIMINAL JUSTICE STRATEGIES

The Action Plan’s third topic explores how criminal justice strategies in the Town can be

amended to address systemic racism. The recommendations and proposed action items seek to

provide confidence that criminal justice is color blind in its administration.

Town Board Meeting Agenda - PACKET - (Page 14 of 48) Page 11 of 33 General Attachment: Action Plan.pdf (Page 11 of 33)

General Attachment: Action Plan.pdf

Page 12

3.1 RECOMMENDATION: POLICE DEPARTMENT’S MISSION STATEMENT

AND GOALS WILL BE REVIEWED AND UPDATED.

3.1.1 Action Item:

The Police Department Mission Statement and Goals will be reviewed and revised to

include the concepts of Procedural Justice. Procedural Justice refers to the idea of fairness

in the processes that resolve disputes and allocate resources. It is a concept that, when

embraced, promotes positive change and bolsters better relationships. Procedural Justice

speaks to four principals, often referred to as the four pillars. These are fairness in the

processes, transparency in actions, opportunities for voice, and impartiality in decision

making.

3.2 RECOMMENDATION: POLICE DEPARTMENT WILL PROMOTE AN

EASY AND CLEAR PROCESS TO FILE A CIVILIAN COMPLAINT.

3.2.1 Action Item:

The Police Department will ensure easy access to the Civilian Complaint process on the

Department website. The Police Department will add on its website FAQ section the

process on how to file a civilian complaint. Anonymous complaints will be investigated

as soon as the Department is made aware of the incident and the need for a complainant’s

signature to be notarized will only be necessary once a formal disciplinary action

commences.

3.3 RECOMMENDATION: POLICE DEPARTMENT’S QUALITY ASSURANCE

SURVEY RESULTS WILL BE PUBLISHED IN ITS ANNUAL REPORT.

3.3.1 Action Item:

The Police Department Quality Assurance Survey results will be published in the

Department Annual Report to include the number of surveys sent out, the number of

responses received and a summarization of the comments received.

3.4 RECOMMENDATION: THE GUILDERLAND PBA CONTRACT SHOULD

BE MODIFIED TO ELIMINATE INTERNAL INCONSISTENCIES

RELATING TO REMOVAL OF DISCIPLINARY LETTERS FROM

PERSONNEL FILES.

3.4.1 Action Item:

The team of negotiators working on behalf of the Town of Guilderland will make every

attempt to eliminate provisions allowing for a disciplinary matter being removed from a

personnel file.

Town Board Meeting Agenda - PACKET - (Page 15 of 48) Page 12 of 33 General Attachment: Action Plan.pdf (Page 12 of 33)

General Attachment: Action Plan.pdf

Page 13

3.4.2 Action Item:

The team of negotiators working on behalf of the Town of Guilderland will make every

attempt to ensure that the PBA agreement is in full compliance with the New York

Freedom of Information Law regarding personnel records.

3.5 RECOMMENDATION: THE TOWN SHOULD ADOPT A PROHIBITION

AGAINST HIRING ANY POLICE OFFICER FROM ANOTHER

JURISDICTION THAT ALLOWS DISCIPLINARY MATTERS TO BE

REMOVED FROM PERSONNEL FILES.

3.5.1 Action Item:

The Police Department will conduct a comprehensive background investigation of all

officers to be hired and will fully comply with the NYSDCJS reporting requirement

relating to employment or discharge of Police Officers. NYS DCJS then forwards said

information to the National Decertification Index administrated by the U.S. Department

of Justice.

4. PROMOTING RACIAL JUSTICE & EQUITY The Action Plan’s fourth topic explores concrete steps that the Town could take to foster a

diverse police force by acknowledging and addressing systemic racism in the Town, and

ensuring that the Police Department, as an employer and the enforcer of the penal code, is

welcoming to all persons regardless of race, ethnicity, sexual orientation, and socio-economic

conditions. The actions include taking necessary steps to hire and retain a diverse force beyond

meeting population demographic metrics, promoting a law enforcement agency that understands

and appreciates diversity, and encourages persons of color to reside and enjoy the benefits of

residing in Guilderland.

4.1 RECOMMENDATION: RECRUITING A DIVERSE WORKFORCE

REFLECTIVE OF COMMUNITY. The Governor’s Resource Guide recommends the assessment of a police department’s diversity

by examining the demographics of the agency and community, determining if those

demographics are aligned, taking steps to increase diversity, and determining how police officers

and community relate in terms of socio-economic background, life experience and other

metrics.

President Obama’s Task Force on 21st Century Policing recognizes that a diverse law

enforcement agency fosters trust in the community which aids in easing community tensions,

reduces and solves crime, and creates a system where residents have positive view of law

enforcement.

Town Board Meeting Agenda - PACKET - (Page 16 of 48) Page 13 of 33 General Attachment: Action Plan.pdf (Page 13 of 33)

General Attachment: Action Plan.pdf

Page 14

The 2010 Census demographic data for the Town of Guilderland’s population by race is:

POPULATION

Census

Year

Total

Pop

POPULATION OF ONE RACE 2 or

More

races Total

Pop

White Black Nat

Am

Asian Pac.

Islands

Other

Number 35,303 34,680 30,434 1,201 56 2,643 14 329 623

Percent 87.76 3.46 0.002

The 2010 Census demographic data for the Town of Guilderland’s 18 years and over population

is:

POPULATION 18 YEARS & OVER

Census

Year

Total

Pop

POPULATION OF ONE RACE 2 or

More

races Total

Pop

White Black Nat

Am

Asian Pac.

Islands

Other

Number 28,151 27,817 24,607 974 44 1,927 13 252 334

Percent 3.50

As of March, 2021, the Police Department consists of 39 officers of which three are female and

no persons of color. The department also includes three administrative office staff, ten

telecommunicators, and two animal control officers.

Based solely upon the Town’s demographic population of 3.5% black, the Police Department

would meet racial metrics by having one black police officer. But the Town’s goal is more than

satisfying a statistic, and making the police force more diverse consistent with the community’s

growing diversity.

The Police Department actively seeks to recruit qualified candidates of diverse

backgrounds. The Department must adhere to the State Civil Service Law which restricts the

hiring of officers who are the top three candidates on a Civil Service based on a test score or

candidates who are already sworn police officers. While the Governor’s Resource Guide

recommends expanding selection criteria, the Civil Service Law would not allow this

recommendation. The Police Department’s recent hiring have been almost exclusively “lateral”

hires which involves hiring an experienced officer in good standing with her or his current police

agency.

4.1.1 Action Items: Civil Service Reform

Work with municipalities and police unions to advocate the State Legislature and

Governor to amend the Civil Service laws to modernize hiring requirements to extend

test scores.

Town Board Meeting Agenda - PACKET - (Page 17 of 48) Page 14 of 33 General Attachment: Action Plan.pdf (Page 14 of 33)

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4.1.2 Action Items: Outreach

To promote diversity, the department should consider proactive and targeted community

outreach programs and work with high schools in the Guilderland Central, Bethlehem

Central, and RCS School Districts to encourage students to consider careers in policing.

4.2 RECOMMENDATION: RETAINING A DIVERSE WORKFORCE. A police officer’s daily work is very demanding and is often stressful. An officer is often faced

with intense situations, experience verbal abuse and disrespectful behavior, and is expected to

remain calm and act professional. An officer is on the scene, and often the first to arrive, at

difficult situations such as suicide, domestic abuse, child victims, and motor vehicle accidents.

Police supervisory staff are trained by the NYS Police Academy to identify early signs of mental

health difficulties and refer officers in crisis to support services. The Department provides

internal peer counseling to help officers cope with the job stress. The Department also engages

in a debriefing with officers for disturbing and significant incidents, and has Police Chaplain

who is available for private counseling. The Department also confers weekly with the Town

Medical Director and EMS Director to discuss and identify issues that may involve the mental

health of officers. The Town can also refer officers for services with the State Employee

Assistance Program for mental health and training support programs.

4.2.1 Action Items: Supporting Officer Wellness and Well-being

● Create an officer wellness program within the Police Department

● Consider retaining behavioral health experts to support officers

● Consider the use of smartphone apps, such as Smart Assessment, to assist

officers to identify and manage stress

● Consider adopting department policies regarding mental health support

services.

● Implementing a mentorship program that promote professional growth through

agency loyalty and inclusiveness, creates program structure and procedures,

defines mentoring, protégé roles and responsibilities, and encourages the

development of leadership skills

A Guide for Mentoring Programs in Police Departments (2009)

https://epublications.regis.edu/cgi/viewcontent.cgi?article=1120&context=theses

An Analysis of Mentorship in Michigan Police Agencies (2004)

https://scholarworks.gvsu.edu/cgi/viewcontent.cgi?article=1625&context=theses

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Law Enforcement Mentoring Programs: Benefits and Effectiveness:

https://www.fdle.state.fl.us/FCJEI/Programs/SLP/Documents/Full-Text/Aviles-

Mark-Research-paper.aspx

4.3 RECOMMENDATION: ENCOURAGING EQUITY AND RACIAL JUSTICE The recently adopted Police STAT Act (S1830C/A10609), as with President Obama’s 21st

Century Policing Report, has two aims: (1) report arrest-related deaths to the Division of

Criminal Justice Services, and (2) for the Chief Administrative Judge of the State of New York

to release an annual report, disaggregated by county, the following information:

• The geographic location of enforcement activity and arrest-related deaths.

• The total number of arrests and tickets for violations and misdemeanors, and information

on their disposition.

• The race, ethnicity, age and sex of people who are charged with violations or

misdemeanors.

Arrest-Related Deaths

The Stat Act requires departments to promptly report arrest-related deaths to the Division of

Criminal Justice Services. An arrest-related death is a death “that occurs while an individual is

in law enforcement custody or during an attempt to establish custody including, but not limited

to, deaths caused by any use of force.” The required information is “the race, ethnicity, age, and

sex of the individual;” “the zip code or location where the death occurred;” and “a brief

description of the circumstances surrounding the” death. This should not be difficult for

departments to compile. The Division is supposed to create rules on how to collect the data and

transfer it to them. They have not done so. The only ambiguity in the statute is the “brief

description of the circumstances surrounding the” death.

For the past 10 years, the Town of Guilderland had no arrest-related deaths.

Misdemeanors and Enforcement

At present, there is no uniform reporting process for “low-level” crimes, or “quality of life”

crimes, nor for their enforcement. The Stat Act corrects that by causing the Chief Administrative

Judge of New York State, on a monthly basis, to release the specific information, on a county

basis, including:

• the aggregate number of misdemeanors charged, by indictment or the filing of a

misdemeanor complaint or information;

• the offense charged;

• the race, ethnicity, age, and sex of the individual charged;

• whether the individual was issued a summons or appearance ticket, was subject to

custodial arrest, and/or was held prior to arraignment as a result of the alleged

misdemeanor;

• the precinct or location where the alleged misdemeanor occurred;

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• the disposition, including, as the case may be, dismissal, acquittal, adjournment in

contemplation of dismissal, plea, conviction, or other disposition;

• in the case of dismissal, the reasons therefor; and

• the sentence imposed, if any, including fines, fees, and surcharges

• the aggregate number of violations charged by the filing of an information;

• the violation charged;

• the race, ethnicity, age, and sex of the individual charged;

• whether the individual was issued a summons or appearance ticket, was subject to

custodial arrest, and/or was held prior to arraignment as a result of the alleged violation;

• the precinct or location where the alleged violation occurred;

• the disposition, including, as the case may be, dismissal, acquittal, conviction, or other

disposition;

• in the case of dismissal, the reasons therefor; and

• the sentence imposed, if any, including fines, fees, and surcharges.

The Chief Administrative Judge has not yet released forms for officers, clerks, and the court.

In the interim, the Guilderland Police Department reports the following statistics for finger

printable total arrests by race:

TOTAL ARRESTS (FINGERPRINTABLE)

Year Total White Black Hispanic Other

2018 477 202 189 57 29

2019 726 315 291 75 45

TOTAL ARRESTS (FELONY)

Year Total White Black Hispanic Other

2018 108 37 51 16 4

2019 136 45 60 23 8

TOTAL ARRESTS (MISDEMEANOR)

Year Total White Black Hispanic Other

2018 369 165 138 41 25

2019 438 138 231 32 37

The Police Department has provided this additional information total arrests:

TOTAL ARRESTS

Year Total White Black Other

2017 1062 52% 35% 13%

2018 759 46% 42% 12%

2019 1028 44% 43% 13%

2020 541 52% 38% 10%

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CROSSGATES ARRESTS

Year Total % of Total Arrests White Black Other

2017 305 29% 30% 51% 19%

2018 288 38% 28% 56% 16%

2019 540 53% 33% 53% 14%

2020 283 52% 42% 45% 13%

Traffic Enforcement

The NYS Department of Motor Vehicles uses the “simplified traffic information” form, known

as the UTT. See N.Y. Crim. Pro. Law §§ 100.10; 100.25. The DMV Commissioner creates the

format of the UTT and local departments “shall” issue them. Vehicle Traffic Law § 207; 15

NYCRR §§ 91.1–91.22. While race is recorded in an issued UTT, there are no such records for

motor vehicle stops.

4.3.1 Action Items: Consider Reviewing Racial Bias in Ticketing and Stops

● Consider requiring that the race of traffic violators is recorded for traffic stops and

tickets, ideally with the data field filled automatically using driver license data.

● Consider tracking the number of stops made, sorted by the race of the alleged

violators.

● Consider reviewing the collected data on stops and tickets to better understand

causes behind the disparity of tickets issued to people of color compared to the

Town’s demographics.

4.4 RECOMMENDATION: COMMUNITY POLICING President Obama's 21st Century Policing Report and the Governor’s Resource Guide promote

the Community Policing as a philosophy that embodies operational strategies supporting the

development of police and community partnerships based on mutual trust, cooperation and

respect.

Community policing is more than an operational strategy or methodology, and focuses on

intervention and prevention. It is a long term, broadly focused initiative that builds collaborative

partnerships between the police and the community. Since many community issues that generate

calls for police service (substance and alcohol abuse, poverty, unemployment, family

disintegration, delinquency, discrimination, homelessness and mental illness) fall outside the role

of the police, the partnerships include the participation of a community based and governmental

agencies including the schools, social service agencies, mental health services, and private sector

charitable and family support organizations. Working together with the police, these

organizations in conjunction with civic and community groups as well as neighborhood

associations can address social and quality of life issues before they fester into crime and social

disorder. These collaborative partnerships improve public safety as well as enhancing social

connectivity and economic strength and stability which in turn strengthen the community's

resilience to crime.

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Community policing requires the fostering of positive working relationships between the police

and community at both the agency and individual officer level. As the initiative grows, police

supervisors may need to modify deployment strategies and schedules to accommodate officer

participation in community meetings and events. Assessments of community policing reveal that

the opportunity to work closely with the community and collaborative agencies in the analysis of

neighborhood issues and the development and remedial initiatives improves officer job

satisfaction, safety and morale.

4.4.1 Action Items: Community Policing

Consider creating a committee consisting of Department staff, Town leaders, and

informed members of the community to explore community policing and the practical

application of its strategies in the Town. This action item is long term initiative focusing

on creating a community partnerships embodying transparency, accountability, trust and

understanding.

4.5 RECOMMENDATION: CRIME PREVENTION THROUGH

ENVIRONMENTAL DESIGN

The Governor’s Resource Guide at page 16 states:

Design of Public Spaces: Some localities have sought to reduce crime by

identifying features of the built environment that created opportunities for crime,

such as lighting, landscaping or the design of public spaces, and modifying those

features.

4.5.1 Action Item: Review Design Provisions in Land Use and Zoning Code Consider requesting that the Town Planner, Zoning Administrator, Town Board liaisons,

and other interested persons to review building and lot development design, lighting,

landscaping, and other measures consistent with the goal of reducing opportunities for

crime.

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CONCLUSION

This action plan offers 19 recommendations and 33 action items to address systemic

racism in Police Department’s practices, strategies, and procedures. The continuation of

this reform work and implementation of the action plan’s recommendations is important

for building community trust and a commitment to enacting reforms. The Police

Department’s full participation in this collaborative effort show its willingness to make

necessary changes in its practices and procedures, increase transparency, and promote

meaningful community engagement in addressing systemic racism.

The committee recommends the appointment of a new committee to promote and monitor

the implementation of recommendations and action items in the action. The tasks of this

committee should conduct include the following:

• Work with the Police Department, Town officials, and community leaders to

prioritize the implementation of recommendations and action items.

• Work with the Chief of Police to document the Police Department’s progress

in implementing each recommendation and action item.

• Provide technical support, such as identifying grant and funding sources,

reviewing policy and procedure review, and soliciting input from community

leaders.

• Provide the Town Board and the community with regularly progress updates.

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EXHIBIT A

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EXHIBIT B

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