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Tuesday, December 2, 2014 at 6:37 pm

Batavia PD grow moustaches and raise money for Genesee Cancer Assistance

post by Howard B. Owens in batavia, Batavia PD

Nineteen members of the Batavia PD participated in "Movember," during the month of November in recognition of prostate cancer month. Department members grew moustaches and raised $500 for Genesee Cancer Assistance. A handful of officers still have their moustaches including, above, sgt. Dan Coffey, officer Frank Klimjack and officer Jason Davis.

Tuesday, November 25, 2014 at 7:28 am

Police Facility Task Force appointed by council

post by Howard B. Owens in batavia, Batavia PD

By unanimous vote Monday night, the City Council approved the appointment of a Police Facility Task Force to study the need for a new or remodeled Batavia PD headquarters.

The Task Force is charged with making a critical appraisal of recommendations by city staff and Geddis Architects for either building a new facility at one of four locations in the city or remodeling the current location.

Picking any one of the options could lead to expenditure for the city of $9 million to $17 million.

The current headquarters -- in the former Brisbane mansion -- has a number of deficiencies, officials say.

Appointed to the task force are Durin Rogers, Ashley Bateman, Peter Garlock, Alfred McGinnis, James Jacobs, Marc Staley, Bill Hayes and David Lone.

There's no representative from the Fifth Ward because no volunteers could be found willing to take on the job. One person agreed and at the last minute backed out.

Previously:

Friday, October 24, 2014 at 4:19 pm

Photos: Jackson School kindergarteners get visit from Batavia PD as thanks for thank you cards

post by Howard B. Owens in batavia, Batavia PD, Jackson School

A few weeks ago, as a writing assignment, a pair of kindergarten classes at Jackson School decided to send cards and a "police survival kit" to Batavia PD officers.

Today, three officers in the department returned the favor by going to the school and showing off their police cars and answering questions about their jobs.

Participating officers were Kevin DeFelice, Mich Cowen and Felicia Degroot.

The police survival kit contained candy and gum.

"We decided to come down and show them we appreciated what they did for us and that we're here for them anytime they need us," DeFelice said.

Friday, October 17, 2014 at 5:33 am

Veteran Batavia police officer scores well at Fall Festival Highland Games

It was just after 9 a.m. and Claudia and I were working our way between an already growing crowd of vendors and onlookers when we spotted Batavia Police officer Frank Klimjack. He was standing in a roped off area at the base of Bristol Mountain with several men in kilts -- some bearded, some bald and all of them about the size of NFL linemen. 

They are known as the Buffalo Heavies, so-called not so much for their size but rather for the physical contests they engage in. Officially they are the Buffalo Heavies Kilted Throwers Club. traditional Celtic athletes from New York, Pennsylvania, Ohio and Canada. Their forte is throwing and heaving weighted objects around: they throw for height, distance and, in the case of the caber (pictured above), it's not so much the distance but accuracy -- pitching the caber forward as straight as possible.  

Frank Klimjack preparing to toss the sheaf, a straw-filled burlap bag weighing 16-18 lbs.

On this day Frank and his fellow Heavies were competing in the Bristol Mountain Fall Festival and Highland Games. The Highland Games are a series of athletic contests that originated in Scotland in the 11th Century. The events are the hammer throw, sheaf toss, caber toss, weight for distance, weight for height and weight over the bar, Braemer stone and open stone. The difference between the latter two is technique and stone weight.   

In one swift motion the sheaf is pitched upward....

and over the bar. After each round the bar is raised higher. It's kind of a last man standing deal.

Frank's interest in the Highland Games began a few years ago. "I was at Olcott Beach watching members of the Niagara Athletic Club competing when their athletic director said to me, 'you look big enough -- why don't you come out and give it a try?' A couple of weeks later at another competition they lent me a kilt and I was on my way." He fared pretty well on that first outing. "About middle of the pack," he said, "at least I wasn't at the bottom."

Frank Klimjack has moved up quite nicely since that initial outing. On this day he took second place overall. Competing in only his third full season, he is currently ranked #5 in North America in the Highland Games 45 to 49 age group.

A former paratrooper with the 82nd Airborne, he did a stint with the New York State Park Police before finding his niche with the Batavia PD, where he has served for the last 15 years.

Kellie Klimjack, left, watching her husband's efforts.

Nick Kahanic, Klimjack's friend and fellow "Heavy," is a world-record holder in the Braemar stone and Open stone.

Here's Nick competing in the Weight for Distance. He sent the 56-pound weight 87 feet on this try.

Bagpipers and drummers paying tribute to disabled vets. Whenever the Buffalo Heavies compete, all proceeds raised go to OASIS (Outdoor Adventures for Sacrifice in Service) a volunteer organiziation that provides sporting experiences to disabled veterans and their families free of charge. OASIS currently offers skiing, fishing, sailing, archery, ice skating, horsemanship, golf and rowing. This day's competition raised $4,500 -- awfully good considering admission was free.

This is Lou Iannone and I would venture to guess he's the sparkplug of the Buffalo Heavies. This was our first exposure to the Highland Games and we found the camaraderie between competitors evident and the athletes engaging the crowd with friendly banter as well as answering any questions onlookers may have had.

The atmosphere was festive, the scenery fantastic and with the chair lift taking an endless number of visitors leaf-peeping to the top of the mountain, the crowd was estimated at over 7,000.

The athletes were impressive, entertaining and outgoing. It was for sure a fun outing and Claudia and I look forward to attending the Highland Games again.

Tuesday, September 23, 2014 at 6:05 am

Current police headquarters has its problems, but so do available alternatives

post by Howard B. Owens in batavia, Batavia PD

The list of problems with the current Batavia PD headquarters is long, but the price of doing anything about it is huge.

In the best case scenario, the city will need to spend $10 million on a solution.

Unless, of course, the option selected involves putting head in sand and hoping for the best. That option costs next to nothing, unless of course, the city is sued over some of the potential problems with the existing facility, or disaster strikes.

That's the summary of what members of the City Council heard Monday night from a group of consultants hired to create a police facilities feasibility study.

The consultants were Dominic Calgi, Calgi Construction; John Pepper, Rebanks, Pepper, Littlewood Architects; and, John Brice, Geddis Architects.

Their job -- work with city administration on evaluating three possible scenarios:

  • Construct a new police headquarters from the ground up;
  • Create a new police headquarters using an existing building;
  • Renovate the existing headquarters at 10 W. Main St.

Monday, they presented scenarios for three new-build locations, a scenario for constructing a building with some shared space with the Sheriff's Office on Park Road, and two options for renovating 10 W. Main.

The most expensive option was an extensive rehabilitation and renovation of 10 W. Main, which could cost as much as $17 million. For $10 million, it might be possible to build a new headquarters on Park Road, but there are also a lot of unknown variables that could drive the cost up.

The first step in this process, if it moves forward, is for the City Council to appoint a community task force to study the options presented by the consultants and make a recommendation.

City Manager Jason Molino recommended a task force competely devoid of elected officials, city staff members or members of the law enforcement community. Instead, he recommended citizens from each ward, the school district and UMMC. (Clarification: also, business owners.)

His goal, he said, was to keep it non-political and help assure the public that nobody in the city was pushing a specific agenda.

Council members balked at the recommendation and instead appointed a subcommittee to study the proposed make up of the task force and come back to the full council with a recommendation.  

The council will discuss the proposal again Oct. 14 and if it decides to move forward with a task force, appoint it at its November business meeting.

That would give the city a month to advertise for participants and recommend a slate of task force members.

What are the problems with the existing headquarters, which is occupying space built in 1855 as a rich family's residence and was later used as City Hall?

  • The building entrance is not secure, neither for police nor the public, nor arrestees;
  • Interview rooms and holding cells are not isolated nor secure;
  • Storage of weapons and gear is insufficient;
  • Building egress is inadequate and not code complaint, and egress for patrol cars is insufficient;
  • There is no separate entrance for youthful offenders, which violates state code;
  • Building is not compliant with the Americans with Disabilities Act, which means even basic improvements such as upgrading the HVAC system can't take place (unless the city wants to ignore the ADA).
  • Building infrastructure is outdated and in need of replacement (HVAC, water, plumbing, electricity);
  • Hazardous materials exist;
  • Installation of modern technology requires major renovation (again, triggering ADA compliance issues).

A renovation of the facility would be expensive, not just because of the remodeling expense, but it would also need to be expanded.

The option that would give the department the most space (top photo), with a garage and sally port for prisoner transport at ground level, would cost from $15 million to $17 million.

A less robust option, with a raised garage and sally port, would cost from $11 million to $12 million. For that price, the city could build at one of four other identified locations.

"When renovating an existing structure, it's never going to be good at meeting program requirements as new construction," Brice said. 

During the reconstruction project, the headquarters would need to find a temporary home. One location suggested is the former Robert Morris School.

56 Ellicott St.

This location is the former Santy Tire's location with existing businesses still using a portion of the building. Essentially, it's at the corner of Ellicott and Jackson, but the parcel would be expanded to stretch as far back as Evans Street.

Pros for the site include easy access to Downtown and it would be all new construction. The cons include potential environment issues. It's in a flood zone, so the building pad and parking lots would need to be elevated two feet, and it would compete with economic development plans for Ellicott Street.

The potential cost: $11.1 million to $11.9 million.

96-98 Jackson St.
The current Salvation Army location.

Pros, again, easy access to Downtown. Cons include the purchase price and existing structure torn down, and it's still in a flood zone.

The potential cost: $11.6 million to $12.5 million

165 Evans St., Batavia
The property is next to Falleti Ice Arena.

Pros include the fact the city already owns much of the property.

The cons include, again, the flood area issue, and it's somewhat of a constricted lot for access. Chief Shawn Heubusch pointed out that it would increase emergency vehicle traffic in front of the ice area and it's somewhat removed from Downtown.

The potential cost: $11.4 million to $12.3 million.

Park Road

City Manager Jason Molino said this option, as part of the study, was looked at very seriously, but the idea isn't without problems.

There is less overlap between police functions with the Sheriff's Office than one might assume. For one thing, since the police patrol the city, Heubusch said, they do their reports and interview subjects at the station; whereas, deputies typically do all of their interviews and paperwork in the field.  

The Sheriff's Office doesn't have enough space to share locker rooms, and separate locker rooms would make a shared briefing room less practical. The departments can't share storage because of the need to protect chain-of-custody on criminal evidence.

"It's possible with a lot more thought and investigation between the two units, you could increase the amount of shared space, but it's not built that way now," Brice said. "You might save some space by finding ways to share space, but you wind up renovating more."

The potential cost: $9.9 million to $10.6 million, but maybe more after further study.

For the full study, click here.

Friday, August 29, 2014 at 2:22 pm

City announces results of Thursday's NET detail

post by Howard B. Owens in batavia, Batavia PD, crime

Press release:

August 29, 2014, Batavia, NY.  On August 28th the City of Batavia Police Department joined by the Genesee County Drug Task Force (The Genesee Drug Task Force is comprised of personnel from Batavia PD, Le Roy PD and the Genesee County Sheriff’s Office), Genesee County Sheriff’s Office and Genesee County Probation participated in the fourth neighborhood enforcement detail this summer. The purpose of these details is to systematically approach known problem areas within the City and target criminal activity.

In total 10 law enforcement personnel from four different agencies were partnered in a focused enforcement details in seven separate locations. NET patrols included State Street, Washington Avenue, Jackson Street, Liberty Street, Swan Street and Sumner Avenue, Central Avenue, Pringle Avenue, Harvester Avenue and Clifton Avenue. The following are results of this year’s fourth detail:

• 52 data runs
• 12 vehicle/traffic stops
• 2 Traffic tickets issued
• 4 Penal Law Arrests
   -- Brasky, Alex P., age 23, unlawful possession of marijuana
   -- Blake, Ian J., age 27, unlawful possession of marijuana
   -- Scheuerlein, Jacob M., age 18, unlawful possession of marijuana
   -- McWethy, Randy S., age 44, criminal possession of hypodermic instrument
• 16 probation checks
• 1 probation violation

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons. All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations. 

If you see criminal activity or know about a crime that has occurred please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Friday, July 11, 2014 at 1:25 pm

Previously reported police activity on Jackson Street turns out to be part of planned law enforcement detail

post by Howard B. Owens in batavia, Batavia PD, crime

We now know that all the police activity on Jackson Street the evening of June 26 was more than just a response to an individual seen running behind backyards between Maple Street and Morton Avenue. It was part of law enforcement detail in the area aimed at identifying issues in the neighborhood. 

Earlier this week, the City of Batavia announced the results of the detail.

Police made contact with numerous individuals, some were on parole or probation.

The person seen running through yards was on parole, but not wanted, according to local law enforcement. He was released after none of the property owners who initially called about him wanted to file a trespass charge. Police are unsure why he decided to run and try to hide from law enforcement, if that is indeed what he was doing.

There have been complaints from citizens on The Batavian and on Facebook that they had their vehicles stopped for no or flimsy reasons, but Chief Shawn Heubusch said all traffic stops were made in accordance with guidelines related to probable cause. 

"Each traffic stop was conducted legally and with probable cause," Heubusch said in an e-mail response to our questions. "As for the probable cause for each I do not have that information. We do not generally keep track of that information unless an arrest is made (DWI for example)."

We asked about the probable cause for the 59 "data runs" reported in the press release.

Heubusch said, "As for the "data runs," these are done routinely when checking license plates or driver's license info, for any wanted-person info, or stolen vehicle, for example. New York State does not require probable cause to run a license plate attached to vehicle."

We asked for the arrest reports/press releases on each of the three arrests reported during the sweep and Heubusch said he would think those arrests would have been reported previously by each of the agencies making the arrests, but he would have to research that further.  

The detail is part of a plan announced earlier this year in keeping with the city's strategic plan, which calls for revitalizing neighborhoods. The effort is designed to identify problems and deal with them before they grow into something bigger.

Friday, May 23, 2014 at 1:12 pm

Police work has been 36 years of enjoyment for Det. Chuck Dudek

post by Howard B. Owens in batavia, Batavia PD

If you're going to spend 36 years in law enforcement, you better enjoy it, and Chuck Dudek says he's enjoyed every minute.

The Batavia police detective retired this week and put a cap on a career that started with episodes of "Adam-12" and included making arrests for everything from false imprisonment to homicide.

"It was right up to two weeks ago before I actually decided I was going to retire," Dudek said."That was unbelievably difficult to do. It surprised me in a way. It was difficult to say, 'I'm retiring,' because I've really enjoyed this career."

Like many in law enforcement who grew up in the 1970s, Dudek first found inspiration in the television series Adam-12, the Jack Webb-created 30-minute drama that for seven years tracked the lives and careers of two Los Angeles police officers. The show was so realistic that some departments around the country used it as a training video.

Dudek thought it would sound strange to admit the show influenced him, but he said from a very young age, he wanted to be a cop.

Born and raised in Attica, Dudek attended Notre Dame High School and then got his degree in criminal justice at Genesee Community College. He interned with Attica PD and in 1978 he was given a badge and a gun and told to patrol on his own. It would be another year before he could attend the police academy in Niagara County.

"I was on the road and on my own within the first week or two," Dudek said. "We were one-man patrols, so I didn't have anybody to ask for help or advice. I would go home with my penal law book and my V&T book and ask myself, 'if this happens, what do I do,?' and I would have to look through the books. For the first year, I was self-taught."

Dudek tends to recall his career as a series of cases.

Two cases in Attica stand out in his mind.

During his first year, he was on patrol and doing a routine security check on Attica's former bowling alley. Dudek happened to catch the glimpse of a shadow of somebody inside the building. He called for back-up, but in Attica, back-up is often minutes or longer away.

By the time another officer arrived, the would-be burglar had slipped out of the building. Inside, the officers found tools, vending machines cut open and a safe that the perpetrator was trying to get open when Dudek spotted him.

The money was recovered -- left at the scene -- but the criminal was never captured.

"I had a pretty good solve rate in Attica, but that was one of the few that we never figured out who it was," Dudek said.

The second case came near the end of his stint with Attica, just months before he was hired by Batavia PD.

It's the closest Dudek came, he said, to losing his life while on duty.

One day in March, two young men, brothers, from Warsaw came into town and Dudek said they were looking for trouble. They tried to pick fights with pool players in a couple of local bars and then went to a local pizzeria and started hassling the owner. He called the cops.

When Dudek arrived, he asked the two men for their IDs and as he tried to reach for one, the other brother cold-cocked him, hitting him in the head. That started a scuffle that spilled out into the street with the three men rolling around on the ground. When Dudek managed to stand up, both men started hitting him and he fell face first to the sidewalk, unconscious.

By the time he woke up, the two brothers were at least 30 yards down the road and he was missing his metal flashlight.

He chased after them, joined by a civilian. As he approached, one of the men stopped, turned and started coming at him with the flashlight. Dudek pulled his service revolver and trained it on the assailant.

"That's the closest I ever came to shooting anybody," Dudek said. "I had my revolver with the hammer pulled back to single action. They stopped, thought about it, threw down the flashlight and started running."

They ran past the fire hall, where some volunteers were listening to the call on their scanner. An off-duty police officer was there and the two men were apprehended.

"One of them said to me, 'I should have split your head open with the flashlight when I had the chance,' " Dudek remembered. "That was a close call."

Dudek and his wife, Kathy, both attended Notre Dame, but the didn't get to really know each other until college. They both attended GCC and worked at Tops Market, and that's where a bit of romance blossomed.

They were married while Dudek was an officer in Attica and they settled in Batavia.

On July 4, 1982, Dudek patrolled the City of Batavia for the first time.

In his first year with Batavia PD, Dudek helped save the lives of a South Pearl Road family when he answered a phone line.

The young patrol officer was in the city's dispatch office, but the on-duty dispatcher was tied up on another call, so when the 9-1-1 line rang, Dudek answered.

He heard ... silence.

In those days, there was no caller ID. There was no way to identify the location of the call, but it took both parties to hang up to disconnect the call.

Dudek stayed on the line and listened for a few minutes to silence.

Then he thought he could hear labored breathing. Finally, a man's voice came on the line. He was weak, but he was able to give his address.  

It was outside the city, so Dudek used the intercom system to contact Genesee County dispatchers.

The family had suffered carbon monoxide poisoning, but help got to them in the nick of time and they were saved.

"It felt good to be a piece in that chain that helped save them," Dudek said.

As a patrol officer, he also helped save a woman from an unknown, but surely horrible fate.

"In those days, if it was warm, I liked to patrol with the windows rolled down so I could hear things," Dudek said.

What he heard that early morning was a woman screaming.

He was in the shopping center just east of 400 Towers.

He found a man dragging a woman down the embankment near the 400 Towers' parking lot. He grabbed the man and the man said, "she's my girlfriend. She's just drunk."

The woman screamed, Dudek said, that she had never seen the man before in her life.

Dudek took the man into custody and back to the station for questioning. He was in fact a total stranger to the woman. He was charged with unlawful imprisonment and assault.

"I don't know what he had in mind for her, but it kind of makes you feel good when you're able to save somebody from something bad," Dudek said.

Working patrols in Attica for more than three years gave Dudek a taste for investigations. The department was too small to hire detectives, so the full-time patrol officers were akin to Malloy and Reed and Sherlock Holmes all rolled into one.

In 1988, there were two openings in the detective bureau and Dudek and Pat Corona (who also retired recently) both applied and both got the jobs.

Two years later, Dudek took a position with the Local Drug Enforcement Task Force, which gave him a unique position in the history of the police department. He was the first whose service weapon was an automatic rather than a revolver. He was issued a Smith & Wesson .45.

A short time later, the city spent enough money to get about half of the department's patrol officers automatic pistols. The second purchase came when a drug case that Dudek helped crack netted local law enforcement more than $100,000 in seized drug money. A portion of the money went to Batavia PD and the department outfitted the rest of the officers with automatic pistols.

Right after leaving the task force, Dudek picked up a case that at first seemed pretty routine.

A woman had moved back to Oakfield from Kentucky with her boyfriend. Shortly after returning, she came home and found her boyfriend molesting her 12-year-old daughter.

The crime itself was only chargeable as a misdemeanor, but Dudek decided to interview the suspect further.

He ended up confessing to a series of more serious sexual assaults in Bowling Green, Ky. Dudek turned the case over to detectives there and the man was charged with multiple felonies.

"It was a pretty interesting case," Dudek said. "I ended up getting called down to Bowling Green to testify. He got convicted and was sentenced to 125 years in prison."

Dudek's proudest moment as a detective, though, came in helping to solve the the murder of Desean Gooch.

Gooch was killed in 2006.

The day after the murder, Dudek found that insurance broker Mike Stasko had a video camera on the back of his office building off Dellinger Avenue.  

The lens was partially covered by a spider web, the video quality was poor and it was shot at night, but it did show a sedan pulling up, four men getting out and going into an apartment. Soon after, the men run out and Gooch appears briefly, then they disappear. A second later, three of the men run from the apartment and try to get in the car, but it's locked and the driver hasn't arrived yet, so they run.

A copy of the video was sent to State Police investigators in Albany to see if they could enhance the quality. They couldn't.

Dudek contacted a guy who was a reported expert in something called "reverse projection," which was a technique used in other cases to help solve murders, but the process was expensive.

So while the DA's office and police department wrangled over how to pay for it, Dudek decided to see what he could do on his own.

Because one suspect was already in custody, police had the car and Dudek was able to use it to match against the video. He recorded it going to the same location and traveling the same path.

The suspect car, like the car in the video, had a busted fog light and one of the back-up lights was burned out. These were things not apparent in the video, except in the light patterns created.

Dudek, in speaking to a grand jury, was able to testify to a dozen matches between the seized suspect vehicle and the vehicle in the Stasko video.

"It's like a fingerprint," Dudek said. "You make the comparison and if you find seven or eight points that are the same and there's nothing different, that's a match."

The breakthrough helped lead to the arrest and conviction of Andrew Figgins for murder.

"I was named Officer of the Year by Kiwanis that year and I think it's mostly for that," Dudek said.

What will Dudek do in retirement? He's not sure yet. Travel at first. Keep biking (he rides at least a dozen miles four or five times a week) and read (favorite reading material is American history, but also some fiction -- like all of the Harry Potter books). He thinks he might like to be a private investigator or find a similar line of work.

"The most rewarding part of the job is being able to make a difference, to help people, to help victims," Dudek said. "That's what I'll miss besides the people I worked with. Being able to make a difference gives you a kind of purpose. That's something I've been very happy to do for 36 years."

Monday, May 12, 2014 at 9:12 pm

Officials staying tight-lipped on unintended weapons discharge by police officer

post by Howard B. Owens in batavia, Batavia PD

The unintended discharge of a police officer's weapon while at a residence on Grandview Terrace on April 22 was the subject of a closed door discussion by the Batavia City Council on Monday night, but officials emerged vowing to remain mum on the subject.

City Manager Jason Molino said he's not going to answer any more questions on the topic.

"We've given you all the reports," Molino said. "The chief made a statement. There are no injuries. I believe that to be the accurate statement. I'm not going to get into any more discussion about it."

About an hour before tonight's council meeting, City Clerk Heidi Parker e-mailed a PDF of the incident report from April 22 and said the redacted report constituted all of the publicly releasable information.

The incident report merely covers the alleged domestic call that prompted a police response. The narrative of the incident doesn't mention the weapon discharge at all.

On Friday, the city released the memos written by the five police officers on scene, but all of the narrative was redacted. Only the header information remained.

The city's position is that the weapon's discharge and possible minor injuries to a police officer are personnel matters and are not releasonable under Civil Service Law Section 50-a. 

There is no known prior incident of a Batavia police officer's weapon firing accidentally, so there's no precedent on what information the agency releases on the topic.

There have been police officers injured while on duty within the past few years, however, and the information has not been routinely kept from the public.

The domestic incident report had the names and other personal information redacted of the two people involved in the alleged domestic at Grandview Terrace.

The call began when a resident on Grandview Terrace reported that her ex-boyfriend was breaking items in the house. When police arrived, they found no evidence of a crime being committed and the ex-boyfriend was transported by a police officer to his mother's residence. The ex-girlfriend was advised to go to family court to get an order of protection. A shotgun owned by the ex-boyfriend was taken to a police storage locker for safe keeping.

City Councilman Eugene Jankowski, a former Batavia police officer and one-time acting chief of police, said he was directed not to comment on the personnel matter discussed in closed session, but that the issue was discussed fully.

"My questions were answered in the appropriate fashion and I have a full understanding of what happened," Jankowski said. 

Asked what the chief said about possible injuries, Jankowski answered, "The chief of police is claiming that there were no injuries. He's standing by that statement."

Previously: 

Thursday, May 8, 2014 at 3:04 pm

City denies request for public records related to unintended discharge of officer's firearm

post by Howard B. Owens in batavia, Batavia PD

The City of Batavia has denied The Batavian's request for the incident reports and possible video related to an unintended discharge of a weapon by a Batavia police officer last month.

From City Clerk Heidi Parker, the city's Freedom of Information Law Officer:

Your request for the incident report, witness statements and video, if any, has been denied after discussion with Bob Freeman from the Committee on Open Government based on NYS Civil Rights Law section 50-a since the incident in question is part of the officer’s training and evaluation process to continue employment with the City. The incident report specifically is denied based on unwarranted invasion of personal privacy.

The Batavian has taken the next step in the process for demanding disclosure of public documents and filed an appeal with City Manager Jason Molino.

To say that routine incident reports are used in officer evaluation would essentially make all police documents related to incidents confidential. Even routine arrests would be hidden from the public. That's clearly not the intent of the legislature.

Numerous sources have provided information to The Batavian indicating that there is more to this incident than Chief Shawn Heubusch is disclosing. 

UPDATE Friday, 4:50 p.m.: We received a letter from Jason Molino informing The Batavian that he is partially granting our appeal.  The incident report will be released after personal information has been redacted. Up to five business days. He's denying the request for "Special Reports" and "Police Training Reports" (we didn't specifically request those documents, because we didn't know the names of the documents, but they could be generally construed as covered by our request).  Molino said those documents are expect from disclosure under Civil Service Law 50-a.  He provided copies of the complete redacted reports, with only the memo heads remaining.  Since these reports appear to have been generated in conjunction with an internal investigation, it's likely these documents would be considered "used to evaluate performance toward continued employment or promotion." 

Previously: Accidental weapon discharge leads to internal police investigation

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