City PD report: Systems level failure, outdated standards

PLATTSBURGH | City of Plattsburgh Mayor Wendell Hughes released results from an investigation into City Police Department operations. On nearly every level, City PD training and management systems were marked for failure. The 17-page "Confidential Final Report" summarizes what attorney Kristen E. Smith, Esq. of Bond, Schoeneck & King, PLLC and Deputy Chief Mark Rusin of M.M. Rusin Consulting, LLC found in a months-long, $15,000 investigation that began in January this year. Rusin is a deputy police chief in Syracuse. Review did not focus on specific persons, disciplinary or criminal activity. It looked instead to "policies, procedures, training and supervision" as relates to employment matters, "as well as operational policing matters," essentially checking protocol and training for officers to effectively do their jobs. INVESTIGATION PROCESS Rusin and Smith reviewed a host of documents, they said, including general orders, complaints made against police officers from 2021 through 2024; emails, disciplinary reports, standards and training manuals, among other written policies. They interviewed 11 Plattsburgh PD personnel with individual sessions lasting two to three hours. In the final analysis, investigators found "systems-level" failure in a police department that has sorely lacked stable leadership over many years. The report states: "These are not criticisms of individual officers or leaders, but of the system they have been left to work within. Witnesses universally described that at the time of our interviews, there was very low morale and a divide within the Department." In its stark conclusion, the report says: "it will be difficult (if not impossible) for any leader to improve morale, achieve accountability, make effective changes, and bring together officers that have disparate views of the Department's mission and values" until systems-level issues are corrected. PRIORITY RECOMMENDATIONS Top recommendations urged revision of fundamental police policy, including procedure for citizen complaints, Use of Force standards, in-house disciplinary procedures and use of body-worn cameras. Plattsburgh PD has had body camera equipment since May last year. But training, usage procedure and roll-out has stalled through the tenure of three police chiefs, starting with interim chief Bud York, into the short term of Chief Peter Mitchell and then to Chief Jarrod Trombley, whose accepted the appointment in January to lead a divided police department. Body-worn camera training was supposed to begin last summer. SIX PRIORITY ACTIONS Top action items urge the police department to: Deliver a comprehensive, customized supervisory and leadership program that trains all supervisors on the mission, vision and values of the department, and updates skills on citizen complaints, disciplinary processes and use of force. Develop comprehensive internal affairs policy and function to provide clarity, consistency and compliance in the internal investigation and disciplinary process. Implement the body worn camera program, train and roll-out. Re-instate the Training Advisory Group to make recommendations about an in-service program, and request an increase in the training budget from Common Council. Update the Use of Force policy and retrain officers to follow. Explore the use of a policy management company to facilitate a full update of Departmental policies. The Sun asked Mayor Hughes if they will hire a policy management company. "We are currently exploring all options," he said via email. "Some of the training initiatives are already in effect. We recently put a pilot program for body cameras and intend a full roll-out soon." ................................... CONCERNING DETAILS The Police Department investigation report digs into layers of apparently intangible policy that, in many cases, date to leadership under former Chief Desmond Racicot, that were implemented in 2004 and 2017. "Only use of force and FOIL were updated in 2020," the investigation says. "There have been countless changes in the law and best practices since the General Orders were last updated." Investigators said the lack of policy and training related to Use of Force stands as the greatest risk of liability. Even policies in place are difficult to understand. City police "General Orders" were found to be so dense that officers could not remember them all if they tried. And City PD "Standards of Conduct" written 21 years ago "do not sufficiently reflect modern policing standards. Investigators said standards are "not organized logically in a way that could be easily followed," with disparate concepts thrown together "into one long list" that is sometimes inconsistent with the General Orders. Investigators said the Standards are "arguably inconsistent with the current state of the law, most notably related to the use of force." FIND OUTSIDE HELP The city PD is not currently accredited by the NYS Division of Criminal Justice Services, investigators said, though York went so far as to highlight areas of outdated policy. "Accreditation would require updating many of the existing General Orders," the report says. With plainly written concern, the report says: "While we recognize the fiscal strain of small cities such as Plattsburgh, we strongly recommend the (police) department explore retaining a law enforcement policy management firm such as Lexipol or the Daigle Law Group. "These types of vendors already have well-vetted, compliant, modern law enforcement policies that can be implemented with minimal customization. These firms continuously update the policies and push out training to officers on those updates. "The cost of such a service is less than the legal fees and liability that would result in one lawsuit resulting from outdated, untrained policies." .................................... INTERNAL DISCIPLINE The City of Plattsburgh Police PD Final Report does not address specific personnel investigations or alleged disciplinary action. But it does show a department essentially unable to properly conduct, document and process any internal legal, constitutional review of its officers. "Interviews revealed that there is a lack of consistency in practice, with certain rights of officers overlooked. For example, one supervisor interviewed was not familiar with the concept of 'Loudermill rights,'" the report says. "In fact, it was reported by multiple witnesses that supervisors do not consistently visit the scene of a use of force. This should be a basic, mandatory requirement." The inability to establish and implement standards is harmful to officers' morale and trust, examiners said, because officers do not know what to expect in any internal review. "In one recent internal investigation, non-sworn employees of the Department were expected to participate in the investigative process by gathering or analyzing information. This was highly inappropriate," the report said. "In another case, it was apparent that an officer engaged in conduct that was potentially criminal was not afforded basic constitutional rights -- specifically, it was not made clear to the officer whether it was a criminal investigation (in which case he should have received Miranda rights) or an administrative personnel investigation (in which case he should have received Garrity rights.) "It appears that neither warning was given." Another officer was not given a Laudermill hearing prior to discipline, according to the report. These are just three examples, the investigators said, "but this illustrates how the lack of a clear policy and supervisory training on personnel investigations can lead to missteps in the process." ............................................................ LACK OF IN-SERVICE TRAINING Expert review found city police sorely lack in-service training programs, other than what's in place for firearms use. Smith and Rusin said it is critical for the police department to revive in-service training, which will require a budget increase from the Common Council. "There is an insufficient training budget," the report says. "We understand it is currently set at $12,500 (down from $15,000 in the past) for the entire department; $12,500 or $15,000 is not nearly enough to support the modern training needs of a department the size of PPD." The report identified a vacuum in "a lack of supervisory and leadership training at all levels," particularly with regard to principles that define "how to investigate, document and evaluate citizen complaints." CITIZEN COMPLAINTS The investigation reviewed all citizen complaints filed and processed over a four-year period from 2021 through 2024. "The review revealed that often, the (city police) department makes it difficult for (civilian) complainants to complete the process, such as by making them wait to speak to someone who may not be available when the complaint is being made, or by making them come to headquarters. "Thus, many complaints were simply closed due to lack of cooperation from the complainant." Investigators found an "unusual provision" in the union contract, which requires the department to get sworn complaints from citizens. DEPARTMENT OVERHAUL Recommendations look toward a broad overhaul of City PD policies, from General Orders to Conduct Standards, from internal investigation, use of force protocol and citizen complaint procedures to officer training. "Overall, we encountered a high level of departmental stress and tension in our interviews. Morale is low," the report says. "This climate has developed over a number of years after a rotating door of leaders." Systemic level improvements can happen, over time, the report says, but only through strong leadership and training. "This will take a number of months, if not years, to accomplish."

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City PD report: Systems level failure, outdated standards

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