Warshaw Costs Climb As PERB Rules Against City On Police Pact

by Mike Hudson

The $400,000 paid to Warshaw and Associates to transform the Niagara Falls City Police Department into a kinder, gentler organization under an agreement reached between Mayor Paul Dyster and former Attorney General and current Governor Andrew Cuomo five years ago may just be the tip of the iceberg insofar as costs that will be borne by city taxpayers.

A resolution, quickly and quietly tabled by the City Council earlier this week, provided a hint of the hidden costs yet to come.

And sources close to the situation say the additional funding called for in the resolution is only the beginning.

Dyster’s communication started off cheerfully enough. 

“As you know, between November 2010 and November 2015, the City of Niagara Falls was a party to a Stipulated Order of Consent with the New York State Office of the Attorney General which required the city to undertake the review and reform of its Police Department policies and procedures,” he reminded the Council. “Overall, this process has been a success in that the Police Department has significantly strengthened its policies in the areas of diversity, community policing and use of force and have made a positive impact both in the department and with the general public. These benefits were noted by the office of the Attorney General at the conclusion of the Consent Order.”

Mayor Paul Dyster negotiated a settlement with the State Attorney General concerning changes in the Niagara Falls Police Department based on advice from a police monitoring company Warshaw and Associates closely connected to the governor. Unfortunately, Dyster neglected to bring the Police Union into the negotiations - a violation of law - and an act so slovenly - that it will cost the city millions and likely end residency requirements for cops in this city. If Dyster were in the private sector he would be likely fired for this act of incompetence. As it is, the police will get a raise, and bonuses, the taxpayers will pay and Dyster will call it a victory and boast about it should he run for a 4th term.

Mayor Paul Dyster negotiated a settlement with the State Attorney General concerning changes in the Niagara Falls Police Department based on advice from a police monitoring company Warshaw and Associates closely connected to the governor. Unfortunately, Dyster neglected to bring the Police Union into the negotiations – a violation of law – and an act so slovenly – that it will cost the city millions and likely end residency requirements for cops in this city. If Dyster were in the private sector he would be likely fired for this act of incompetence. As it is, the police will get a raise, and bonuses, the taxpayers will pay and Dyster will call it a victory and boast about it should he run for a 4th term.

The Attorney General failed to note that, over the same period, crime in the city skyrocketed, to the point where Niagara Falls was named the most dangerous city in the state of New York and one of the most dangerous in the entire country by numerous online news outlets.

And it gets worse. Because of a complete communications breakdown between the administration and the city’s two police unions, many of the changes recommended by Warshaw and implemented by the administration were at odds with negotiated union contracts.

“Unfortunately, in order to implement the departmental changes within the time period required by the office of the Attorney General, there was no opportunity to negotiate those changes with the city’s two Police Unions as required by the Taylor Law,” Dyster wrote. “Conflicts arose with the unions in the areas where the new departmental practices conflicted with terms contained in their collective bargaining agreements with the city.”

Wouldn’t you know it? Union members filed a complaint.

“As a result, the New York State Public Employment Relations Board (PERB) recently ruled that the city committed an improper practice in a proceeding brought by the Niagara Falls Police Club and supported by the Niagara Falls Police Captains and Lieutenants Association,” the mayor admitted. “PERB directed the city to rescind a number of the policy changes made pursuant to the Consent order; however doing so would put the city back into the same position it was prior to the consent order in 2010.”

Administration officials finally agreed to meet with the cops, something that probably should have happened before the trouble began.

“Instead of taking a step backwards, the city met with both the Police Captains and Lieutenants Association and the Police Club to discuss the impact of the PERB decision on the new departmental policies,” Dyster wrote.

The resolution was accompanied by a Memorandum of Understanding with the Captains and Lieutenants Association that called for pay increases totaling five percent over the next two years and 400 hours of compensatory time for additional work necessitated by compliance with the Warshaw directives.

In a city where police brass routinely pull down $100,000 a year and more, the cost would be significant. And the much larger rank and file Police Club was not even addressed in the resolution.

“While the proposed agreement will result in a modest financial impact, the provisions of the same allow for a deferral of payments to allow the city financial flexibility over a period of years,” Dyster wrote.

In 2011, Dyster told the Council that it would cost the city about $57,000 for the three months believed to be necessary to complete the consent order-required revisions. Where that figure came from is anyone’s guess.

Dyster sold city cops down the river when he entered into the consent order with the state based on 30 citizen complaints against the police – which were never made public – alleging that officers in the department were biased against black people.

One source who has seen the complaints told the Niagara Falls Reporter that they run the gamut from use of unnecessary force to one where a woman complained that the children of a neighbor who happens to be a police officer have repeatedly kicked a football into her yard.

Warshaw had close political ties with the Cuomo administration. He served as the Rochester chief of police until 1998. His deputy chief, Robert Duffy, then became police chief and later mayor of Rochester, publicly referring to Warshaw as “my dear friend.”

Duffy later served as lieutenant governor under Cuomo.

Police department sources told the Reporter that one of the most onerous provisions of the Warshaw recommendations is the way in which citizen complaints are handled by Internal Affairs investigators. Formerly, the officer was made aware of the complaint and allowed to present his side of the story at the beginning of any formal probe.

Now, the officer is “targeted,” kept in the dark about the nature of the investigation until all witnesses have been interviewed and all damning evidence gathered.

The sources also report that, in addition to pay increases and compensatory time, rank and file officers want an end to the residency requirement for police personnel for those with at least 10 years’ seniority.

Currently, as many as 65 of the city’s 157 police officers live outside the city in what amounts to a “don’t ask, don’t tell” administrative policy, but some fear that relaxing the residency requirement would result in the further flight of hardworking economically stable individuals and families away from the increasingly poverty stricken city.

One thing is certain. The Council didn’t want to touch the Dyster resolution with a bargepole. The matter was put to rest so quickly that the public in attendance at the meeting seemingly didn’t even know it was under consideration.

Tags:

24 Comments

  1. The City of Niagara Falls has ALWAYS lost to the police unions, because of incompetent negotiators, attorneys and elected officials. Residency issues have been violated since the day they were instilled, even a Police Chief lived in Wheatfield, a violation of department heads having to live in the City. The City finds more ways to piss away money, always did and always will.

  2. Good article and straight to the point. I am not sure if this is truly the best place to ask but do you guys have any thoughts on where to get some professional writers? Thanks 🙂

  3. Wow! Thank you! I continuously wanted to write on my site something like that. Can I implement a part of your post to my website?

  4. Thank you very much for discussing the idea, I saved this site. I’m additionally trying to find details around how to attract younger ladies, do you know exactly where I might discover something such as this? I will be back soon!

  5. I was speaking with a buddy of mine regarding this info and also regarding mobogenie market download as well. I believe you made some good points here, we’re also looking forward to keep reading material from you.

  6. I’ve been exploring for a little for any high-quality articles or blog posts on this kind of area . Exploring in Yahoo I finally stumbled upon this site. Studying this information So i am glad to show that I’ve an incredibly excellent uncanny feeling I found out just what I needed. I most no doubt will make sure to don’t disregard this web site and give it a look on a continuing basis.

  7. You are absolutely right. I really liked reviewing this article and I will certainly return for more straight away. Our site is on facetime pc, you can check it out if you’re still interested in that.

  8. Hi there, you are certainly right. I constantly read through your content thoroughly. I’m also fascinated by lost password, you could write about that at times. Good day!

  9. I do love the manner in which you have presented this particular challenge and it does indeed supply me personally a lot of fodder for consideration. On the other hand, because of everything that I have seen, I only wish as the feed-back pile on that people today keep on issue and don’t start upon a tirade associated with some other news of the day. Anyway, thank you for this fantastic piece and while I can not really go along with this in totality, I value your perspective.

  10. Hiya, I am really glad I have found this information. Nowadays bloggers publish just about gossips and web and this is actually annoying. A good site with exciting content, that’s what I need. Thanks for keeping this web-site, I’ll be visiting it. Do you do newsletters? Cant find it.

  11. i prefer wall clocks with hanging pendulums because they look nice at home**

  12. Greatful to found this blog, I have been looking many times about it. This is actually what I have been seeking and I’ve bookmarked this web site also, I will be back again soon to look at for your new posting.

  13. Can I just say what a relief to locate a person who actually knows what theyre talking about on the net. You undoubtedly know tips on how to bring an problem to light and make it vital. Additional persons need to read this and realize this side of the story. I cant believe youre not extra well-liked mainly because you surely have the gift.

  14. I am really loving the theme/design of your information site. Do you face any kind of web browser compatibility problems? A few of the site readers have lamented concerning my shareit apk website not working appropriately in Internet Explorer yet looks wonderful in Opera. Have you got any recommendations to aid correct the issue?

  15. There is awesome upgrades on the design of this webpage, I truly like it. My website is relating to aadhar card form and certainly, there are a lot of things to do, I’m still a newcomer in website creation. Take good care!

  16. the pizzas are minimal, not filling and overpriced. I’m a significant Steven Starr supporter nonetheless received’t be again toward take in at Stella. Optimistic pizza is favourable pizza still for what yourself’re becoming listed here it’s not really worth the selling price. Sad to say, this cafe is all hoopla.

  17. Heya! I just wanted to ask if you ever have any issues with hackers? My last blog (wordpress) was hacked and I ended up losing several weeks of hard work due to no data backup. Do you have any methods to stop hackers?

  18. You should take component in a contest for one of many best blogs on the web. I will recommend this web page!

  19. Very well written article. It will be valuable to anybody who utilizes it, as well as me. Keep up the good work – can’r wait to read more posts.

  20. I really like the things you are up to. This sort of smart work and visibility! Continue the very good effort guys, I’ve added you on best pour over coffee makers website.

  21. Excellent site. Lots of helpful information here. I’m sending it to a few buddies ans additionally sharing in delicious. And of course, thank you to your sweat!

  22. I’m truly loving the theme/design of your site. Do you come across any kind of internet browser compatibility troubles? A few of my blog audience have lamented about my homework for school site not working properly in Internet Explorer but appears excellent in Opera. Are there any kind of ideas to assist fix that problem?

  23. Canadian Viagra Paypal Diflucan Online Pharmacy Info On Amoxicillin Capsules cheap cialis Zithromax Against Chlamydia Baclofene Net Tamoxifen Citrate For Sale

  24. Liquid Amoxicillin For Cats Levitra On Line Italia Zithromax Brand viagra Comparison Viagra Cialis On Line Pharmacys In India

Leave a Reply

Your email address will not be published. Required fields are marked *

*

FOLLOW US ON FACEBOOK

https://www.facebook.com/NiagaraReporter/
 
Scroll Up.wpzoom (color:black;}