town of guilderland ny
TRANSCRIPT
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
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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
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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.
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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.
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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.
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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.
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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
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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
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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=
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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:
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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.
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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.
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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.
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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.
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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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