Good evening Madame President and members of the Common Council. |
appreciate the opportunity to address this body and answer questions regarding
the encampment at Academy Park.
First | would like to start by Informing you that in 2010, 152 of your Albany police
officers were injured in the line of duty. In 2011 alone, 161Albany police officers
were injured while working to keep you, and every other member of this city, safe.
Recent events have taught me a lot about who | am, who our officers are, and yes,
even who some of you are. | have learned that despite the efforts that our officers
make every minute of every day and the risks they take to keep you safe, there
are still some of you who are willing to discount that for your own political gain,
‘Asa result of this realization | have decided to remind each and every one of you
of the sacrifices your officers make and the suffering they endure. You will hear it
from me every time | am required to address this body, regardless of the reason
for my presence, From this point forward, you will live with this reality just like |
live with it.
No other police administration that | can recall in my entire career has worked so
hard in such a short period of time to build a positive and prosperous relationship
for all of us. The risks of such a bold endeavor were great for a new police chief
and a new police administration. The rewards for our city and for those who have
for so long felt disenfranchised are still so much greater than the risk.
No other police administration or entire police department has worked so hard in
such a short period of time to break down the walls separating your officers from
our citizens. How unfortunate for our city, that a select few members of this
Council continue to work so hard to keep hate and distrust alive in our community.
The behavior of some of the members of this body in response to the events that
took place in Academy Park was repulsive. The video of a council member so
obviously posturing for the cameras at the expense of your officers was an
embarrassment. The claims by another council member alleging that he was in
‘Academy Park when the tents were dismantled, when all of us, including the
‘members of this Council, know that claim is untrue, betrays his oath to serve the
citizens he represents with integrity.[At the very beginning of the Occupy Albany movement it was the members of the
police administration who were leading the dialogue on behalf of the City of
Albany. In fact | tasked both my Deputy Chief of Police and my Assistant Chief of
Police with this important responsibility. It was through their initial efforts on
behalf ofthe city that a dialogue based on mutual respect and trust began.
| was encouraged by the decisions that were made early on regarding the
protesters and the police. It was always my hope to avoid a confrontation like
those experienced in other cities across the country. | was concerned by the
suggestion that protesters be ticketed or arrested for violating a long standing
and existing city park curfew. The credibility of our department was my top
priority and | knew that we did not regularly ticket people for violating curfews in
any of the parks in our city. To start then, in response to what was so obviously a
nationwide movement, would be disingenuous at best, and at worst, a potential
violation of our citizens’ first amendment rights.
Our city, like others across the country, struggled with this very issue and from
the beginning | felt strongly that it was the responsibility of the courts or the
legislature, or both, to provide our department with direction regarding this issue.
It was never my desire to direct our officers to take such an important
enforcement action when it was clear that more questions than answers stil
existed.
The police department and the members of Occupy Albany enjoyed a positive
relationship until December 22" when members of the City of Albany
Department of General Services were directed by the city to enforce a Temporary
Restraining Order signed by a superior court judge. The temporary restraining
order authorized the removal of tents and other items associated with the
encampment.
The police department was tasked with providing security while the DGS
members began removing the tents. The police department, under my direction,
went to great lengths to demonstrate to the protesters, our citizens, that we
wanted to avoid any possibility of confrontation.Deputy Chief Reilly walked from City Hall to Academy Park and gathered together
the few Occupy Albany members that were there and explained in detail what
was going to be taking place.
‘The protesters that were present were given an opportunity to collect their
belongings. Deputy Chief Reilly clearly explained that the items belonging to the
people who were not in the park at that time were going to be inventoried,
catalogued and available for the owners to retrieve at the Department of General
Services.
The temporary restraining order was posted inside the park and available for
review by anyone interested in seeing it. The initial police presence was minimal
because | did not want to create a confrontational atmosphere. As more
protesters arrived at the park and the crowd began to become increasingly
agitated, we slowly increased police presence.
During the process of removing the tents, members of DGS were suffering a
barrage of insults and threats by several of the protesters. The DGS workers
became increasingly concerned for their personal safety and asked for the police
to increase their presence around their operations to protect them,
Your police officers also endured an ongoing and withering diatribe of hate, vitriol
and threats hurled at them by “peaceful” protesters throughout the length of this
process. In fact, many members of the media and public still continue to
‘compliment me on the restraint shown by your officers while they endured this
barrage of hate. Much ofthis behavior was profiled on our local area media
outlets.
While the tents within the encampment were being taken down and removed, Mr.
Mark Mischler, a local attorney representing Occupy Albany, told the police
department that he along with others were going to court immediately to fight
the temporary restraining order. Mr. Mischler asked if the department would be
willing to save the larger informational tents from being dismantled in the event
they were successful in fighting the decision by the court, The department
acknowledged that request and agreed to save the dismantling of those tents
until the very end. This decision was made because of our willingness to allow
their attorneys @ fair opportunity in the courtroom.