News from NYSTPBA President Tom Mungeer, May 6, 2022





NYSTPBA Newsletter News from NYSTPBA President Tom Mungeer Update: NYSTPBA vs. A.G. Letitia James If you remember, last November we filed a lawsuit in Albany County Supreme Court seeking declaratory judgment and injunctive relief against our illustrious Attorney General. The lawsuit also challenged her Office of Special Investigations (OSI) and their over-reaching investigations into our off-duty members who are NOT involved in any police-related activities. As we anticipated, our lawsuit was dismissed and we promptly appealed the decision to the Appellate Division, Third Department. We are prepared to take this case all the way to the Court of Appeals because 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. This is exactly what happened to one of our members last July and this action, hopefully, will help to not only protect the rights of our Troopers but also all law enforcement members statewide. The presence of the OSI investigators from the Attorney General’s Office arriving at a critical incident reminds me of the old locker room joke about IAB showing up at a scene - “Don’t worry Trooper, we’re here to help.” Please take note – these people are NOT our friends. “Never hate your enemies. It affects your judgment.” - Vito Corleone, “The Godfather” Mark Your Calendar State of New York Police Officers Memorial Ceremony – Tuesday, May 10, 2022 at 1 p.m., Empire State Plaza, Albany, N.Y. The names of Troopers Joseph Gallagher and James Monda will be added to the memorial wall. NLEOMF Candlelight Vigil – Friday, May 13, 2022 at 8 p.m., National Mall, Washington, D.C. Trooper James Monda’s name will be added to the national memorial, and I am proud to be able to read his name during the ceremony. Trooper Gallagher’s name will be added next year. NTC Picnic – Thursday, September 8, 2022 - Buffalo, N.Y. Details will be available in a few weeks. Second Time’s a Charm Gov. Kathy Hochul appointed Congressman Antonio Delgado to serve as Lieutenant Governor of New York. A Harvard Law School graduate and a Rhodes Scholar, Delgado certainly was quite active around his congressional district (of which I am a resident) during his time in Congress. We can only wish him the best of luck - all he has to do to improve on the last guy’s performance is not get indicted. Easier said than done in Albany. Emerson College Polling According to the latest poll of New York voters, if former Governor Cuomo were to run in the upcoming gubernatorial race as an Independent, 33% say they would support the Republican candidate, 33% say they would support the Democratic candidate, 16% would support Cuomo, and 18% are unsure. Given that 45% of Democratic primary voters plan to vote for Governor Hochul (12% for Tom Suozzi and 22% are undecided) and Congressman Lee Zeldin sits atop the Republican primary, albeit with a much smaller lead at 26% (Andrew Giuliani at 18% and Rob Astorino at 16%, with 19% undecided), when you mix in the gerrymandering debacle, it looks as though it’s going to be a long summer. "Satan, laughing, spreads his wings…. Oh Lord, yeah!" - War Pigs by Black Sabbath (1970) Updated: Third Grade Answers Two months ago, I detailed the saga of eBay user Yankee_2020 who took our copyrighted NYSTPBA logo, scrubbed out any reference to the PBA, and proceeded to take our 9/11 image from last year’s PBA card and sticker and make a 2022 version of it as well as copy this year’s version. On top of that, he then had the balls to insert this disclaimer – THIS DECAL WAS DESIGNED BY YANKEE_2020 AND DOES NOT CONTAIN ANY COPYRIGHTED MATERIAL. THIS ITEM COMPLIES WITH eBay RULES & POLICIES. You may also remember the following cerebral conversation he had with our counsel’s office: NYSTPBACOUNSEL: Please be advised that these items are COUNTERFEIT. Therefore, I hereby demand you remove them from sale immediately. Failure to do so will result in a complaint to eBay for your selling counterfeit materials. Should you have any questions, feel free to reach me through the NYSTPBA website. YANKEE_2020: All the pictures and designs on my items were created from pictures found on google and Photoshop. Its impossible for the items I am selling to be counterfeit because none of the items I am selling say or convey any association or membership with the New York State Police Benevolent Association. Thanks for your concern. NYSTPBACOUNSEL: You clearly do not understand copyright law. Complaint is being filed with eBay. YANKEE_2020: You clearly do not understand copying… Well, Mr. Jonathan Johnson, aka Yankee_2020 of Pittsford, N.Y. now has a clearer understanding of the difference between copying and copyright law and I believe his sphincter loosened a bit the other day when he was served with a notice of infringement of trademark/copyright rights. Suffice it to say, he has removed all his bullshit, fake items from eBay and has agreed to cease and desist. Quote of the Week When our troopers are, what we believe, prosecuted for doing their job, we will defend them. We will defend their actions when we believe that they are justified in doing and performing their duties to protect the public. And when people make split-second decisions that others can review over and over again and form their own judgment of what they did or what they would have done, we have to stand up for our troopers. - Andrew Matthews, Executive Director of the Connecticut State Police Union following a hearing for Trooper Brian North, who has been charged with manslaughter following an on-duty shooting. Updated - Another Knee-Jerk Reaction Last week I wrote of the incorrigible (oh that’s right, the Governor said we can’t use that word anymore) 8-year-old who was accused of shoplifting and the frustrated Syracuse cops who had to repeatedly deal with him and his siblings. Well, the little cherub has now been charged with forcibly stealing another child’s bike. According to the woman making the complaint, he pushed her 8-year-old off the bike and proceeded to steal it. Syracuse police confirmed the child was issued a juvenile appearance ticket on the charge. As Paul Harvey used to say, “And now you know the rest of the story!” This Week’s Sign that the Apocalypse is Upon Us I think I can speak for all of us in the law enforcement community that when we heard about the assistant director of corrections at the Lauderdale County Sheriff’s Office (AL) who apparently assisted with the escape of a 6’9” inmate serving 75 years after being convicted of two counts of first-degree kidnapping and attempted murder - and who also confessed to the 2015 killing of a woman who was stabbed to death in her home - we all collectively muttered, “This isn’t going to end well.” If Woody had gone straight to the police, none of this would have happened." This email is an automated notification, which is unable to receive replies. To send a comment to the NYSTPBA, please contact us at nystpba@nystpba.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

18 views0 comments