News from NYSTPBA President Tom Mungeer As reported last week, the lawsuit challenging the attorney general’s authority to investigate our off-duty members under Executive Law 70-b who are NOT involved in any police related activities was filed in Albany County Supreme Court. We followed up with a press release on Monday just in case the attorney general had not received a copy and was unaware. Statement from New York State Troopers Police Benevolent Association President Thomas H. Mungeer: The NYSTPBA recently filed a lawsuit in Albany County Supreme Court seeking declaratory judgment and injunctive relief against Attorney General Letitia James and challenging her Office of Special Investigations (OSI) and their over-reaching investigations into our off-duty members. We believe that the Attorney General has taken an overly broad interpretation of Executive Law §70-b which empowers her office “to investigate and prosecute an offense or offenses committed by a police officer, whether on-duty or off-duty, which results in the death of an individual, whether armed or unarmed.” “However, just because you wear a uniform you should not lose your rights as a citizen, especially when you are involved in an off-duty incident unrelated to any law enforcement official action. We as police officers aren’t asking for special rights, just equal protection that is afforded to all other citizens in this state,” said NYSTPBA President Thomas H. Mungeer Here are a few of the media outlets reporting on the release: https://www.news10.com/news/new-york-state-trooper-union-sues-attorney-general/ https://cbs6albany.com/news/local/state-police-pba-files-suit-claiming-overreach-in-ag-investigations-of-off-duty-officers I may be dating myself in the eyes of our younger members, but wasn’t Oscar Goldman the head of the OSI and the boss of both Steve Austin and Jaime Sommers in “The Six Million Dollar Man” and “The Bionic Woman” television series? The presence of the OSI investigators arriving at a critical incident reminds me of the old locker room joke about IAB showing up to a scene - “Don’t worry Trooper, we’re here to help.” Still Rocking the Polls In a Siena Poll earlier this week, Gov. Kathy Hochul continued to hold a lead over Attorney General Letitia James in an increasingly crowded Democratic primary for governor. Governor Hochul drew 36% from Democrats in the survey while her declared and undeclared rivals received the following: Attorney General Letitia James – 18% (More on this later) New York City Public Advocate Jumaane Williams – 10% Congressman Tom Suozzi – 6% New York City Mayor Bill de Blasio who is still undeclared at this point – 6% It was also noted that the 6% who think Mayor de Blasio would make a good governor also believed in the Easter Bunny and spent this past Halloween sitting in a pumpkin patch awaiting the arrival of the Great Pumpkin. In the words of famous Peanuts philosopher Linus van Pelt, “There are three things I've learned never to discuss with people: religion, politics and the Great Pumpkin." Quote of the Week – I Attorney General Letitia James - I have come to the conclusion that I must continue my work as attorney general. There are a number of important investigations and cases that are underway, and I intend to finish the job. I am running for re-election to complete the work New Yorkers elected me to do. Translation - The continual ass-kicking I’m receiving in the polls coupled with my inability to raise campaign funds has forced my hand to admit failure and drop out. I will now focus on my current job - so many cops, so little time. While I applaud the attorney general’s decision to suspend her failing gubernatorial aspirations, I now urge her to embark on unchartered territory (for her) by removing politics as the prime motivation in her decision-making process in her current capacity. Quote of the Week - II Republican attorney general candidate John Sarcone with whom I met with earlier this week – Letitia James showed today that her ambitions are more important than her desire to help the people of New York. For too long, New York’s Attorneys General have spent more time running for Governor than serving as an advocate and protector for the people of this great state. Attorney General is too important of a job to treat it like a consolation prize. It’s time to end the days of using the office as a stepping-stone and create a strong foundation where New York’s AG works to restore public safety, end the culture of corruption, and protect all New Yorkers. NYC Vaccination Mandates Speaking about the good Mayor de Blasio - he announced that effective Dec. 27, all private sector employers in New York City will have to impose a vaccination mandate upon their respective workforces. A first-in-the-nation measure. Governor Hochul stated she has no plans on following suit - however, apparently we have to wear a friggin’ mask in public starting Monday. Yes, he’ll make a fine governor – NOT! Fraternal Order of Police Stats The FOP recently released a statement that 2021 has become the most dangerous year for law enforcement in the entire history of the organization’s record-keeping (emphasis added). As of Dec. 2, 314 police officers had been shot in the line of duty. Fifty-eight of them died from their wounds. (Note - Another police officer was shot and killed on Dec. 3 in Colorado). This is up from the 312 police officers shot and 47 killed in 2020, and 293 cops shot and 50 killed in 2019. While these numbers are extremely troubling, it should be noted that, according to the Officer Down Memorial Page, the numbers in the early 1970s were off the charts. Between 1971 and 1975, an average of 138 police officers were shot and killed EVERY year! Even though his numbers are a bit skewed, I do respect the answers FOP President Patrick Yoes gave for the uptick in violence lately. · Erosion of respect for law enforcement which in turn has fueled more aggression towards police officers than what was seen in previous years · Rogue prosecutors refusing to prosecute violent criminals and pushing radical policies · Activist judges · Bail reform initiatives Death by 1,000 Cuts Breaking News – New U.S. jobless claims fell to 184,000 last week, the lowest level since September 1969, according to the Department of Labor. Even newer breaking news – the jobless claims rose to 184,001 this week which leads us to the following… I am sure that everyone who has any access to any news source knows that CNN has fired anchor Chris Cuomo after testimony and text messages released by the A.G.’s office showed a greater role in covering for his brother than was previously reported. On a brighter note, the number of jokes and memes that have flooded the internet regarding the Cuomo brothers is solid proof that the ingenuity of New Yorkers is alive and well. Unfortunately, we won’t be privy to Chris Cuomo’s comments regarding Jussie Smollett’s guilty verdict, in which a jury saw through the bullshit and convicted him on five out of six counts involving a false police report about a fake hate crime. In 2019, Cuomo was one of those who helped uncritically peddle the false narrative that Smollett was attacked by two MAGA hat-wearing Trump supporters at 2 a.m. during the polar vortex in Chicago. The War Against Police The following article, in which I was quoted, appeared earlier this week and highlights the fight that we are anticipating and gearing up to face in the New York State Legislature starting next month. For 50 years, it’s been hard to sue cops for misconduct. A NY lawmaker from Syracuse has another idea (msn.com) The president of the union representing New York state troopers said he’d like to see state lawmakers work with police to improve the conduct and training of officers, rather than holding the threat of lawsuits over their heads. Thomas Mungeer, president of the New York State Troopers Police Benevolent Association, said Hunter’s bill is aimed at “incapacitating the law enforcement community.” “It sets an impossibly high standard for members of law enforcement to be perfect 100% of the time,” Mungeer said in a statement. I will stack our NYSTPBA Legislative Team against any that frequents the halls of the Capitol, and we are ready for battle once again. Finis Lastly, I want to thank every member of the NYSTPBA membership for their support. As the nomination period for my position closed yesterday and no other nominations were received, I am proud to represent you as your president over the next three years. I am also extremely proud to head a group of New York State Troopers who are extremely dedicated to providing the best representation possible to their co-workers whether it is in the board room, patrol room, courtroom or at the Capitol. As Benjamin Franklin famously once said, "We must, indeed, all hang together or, most assuredly, we shall all hang separately." This email is an automated notification, which is unable to receive replies. To send a comment to the NYSTPBA, please contact us at firstname.lastname@example.org.
The Police Benevolent Association of the New York State Troopers 120 State St. Albany, New York 12207 (518) 462-7448 http://www.nystpba.org