Dan Lablubba/Longo DEPOSITION download!
Posted in the Utica Forum
Time to compare all these transcript .pdfs to see how badly Dan Labella "CHIEF" lies and twists.
Where's Diana Vickery when you need to beat the brush!
CONCLUSIONS AND OPINION
Based on the available evidence and data, within a reasonable degree of professional certainty, I conclude that the internal affairs investigation and the extent of the Utica Police Department’s response in this case were flawed in ways that indicate failures in supervision and leadership, as well as a disregard for accepted industry standards and judgment. My opinion is as follows:
1. Were the Utica Police Department’s policies sufficient to adequately address employee conduct as it relates to fitness for duty? No. The Utica Police Department did not promulgate a policy governing an employee’s fitness for duty. The Department’s actions were not consistent with:
a. The national standard for fitness for duty evaluations (CALEA standard 52.2.7);
b. The national standard for personnel early warning system (CALEA standard 35.1.9).
2. Did the Utica Police Department adequately intervene after they discovered Officer Joseph Longo unlawfully brandished his firearm on multiple occasions? No. The Utica Police Department did not respond or intervene sufficiently after they sustained their internal investigation of Officer Longo having mishandled his service weapon. The Department’s actions were not consistent with:
a. The national standard for fitness for duty evaluations (CALEA standard 52.2.7);
b. The national standard for safe handling of firearms (CALEA standard 1.3.10);
c. The Utica Police Department’s policy for handguns (UPD GO 08-07).
3. Did the Utica Police Department adequately intervene after they discovered Officer Joseph Longo threatened suicide and threatened to kill his family? No. The Utica Police Department did not intervene sufficiently after they were made aware of Officer Longo’s homicidal and suicidal threats. The Department’s actions were not consistent with:
a. The national standard for fitness for duty evaluations (CALEA standard 52.2.7);
b. The New York State Mental Hygiene Law § 9.41;
c. The Utica Police Department’s policy for officer involved domestic violence (UPD GO 08-06);
d. The Utica Police Department’s policy for professional standards investigations (UPD GO 08-31).
e. New York State Criminal Procedure Law, Procedures for Family Offense Matters (NYSCPL § 530.11).
4. Justification for Opinion. The sufficiency of agency policy and the propriety of the UPD’s investigation process are set forth below.
a. Sufficiency of UPD policy to adequately address employee conduct as it relates to fitness for duty.
i. The purpose of police policy. Individual police agencies codify operating practices in policies then promulgate those policies to ensure all personnel are operating within accepted industry standards. A written policy provides officers and supervisors with guidance and direction on the legal and ethical limits governing the practice, specifically acts and omissions, which is intended to increase accountability and consistency in action while concurrently reducing employee autonomy and discretion (O’ Loughlin, 1990; Welsh & Harris, 2004, pp. 131-136; Walker, 2010, pp. 46-49, discussing the potential benefits of confining discretion to promote accountability).
ii. Policy guides decision making by recognizing that as risk increases, discretion decreases. To ensure accountability, important decisions must be either non-discretionary, or must be limited, meaning the policy must limit police officers’ and supervisors’ discretion.
In this regard, policy is an expression of the will of the public. Without a policy, the agency cuts itself off from the public, where there is a tendency to function with unfettered discretion and outside legal and ethical bounds until individual or collective actions are exposed through scandal, judicial intervention, civil litigation, or government investigation that necessitates reform. Furthermore, failure to promulgate and enforce a policy is a policy of acquiescence and is tantamount to failing to act—tacit agreement—that the current state of affair is acceptable.
A comprehensive policy is an expression of how the agency intends to conduct its affairs and act in specific situations to minimize liability and errors at the agency, supervisory, and line level, particularly when legal and ethical issues arise. Without guidance from the policy, officers do not have uniform procedures to follow, which invites deviance, inconsistency, and misconduct. When police misconduct does occur, it often originates with a failure to promulgate a clear written policy; misconduct is also likely to occur from failing to observe a published policy.
LaBlubba a "weak boss".
Captain James Watson testified that he did not know the criteria for subjecting someone to an FFDE and he shifted responsibility when he said that an FFDE “…would be beyond my pay grade”(Watson deposition, p. 59, line 21) and an FFDE “…would be beyond the pay grade of the three of us,” referring to himself, Sgt. Peter Scalise and Lt. Michael Zdanowicz (Watson deposition, p. 53, lines 7-9). This is contrary to Chief Labella’s testimony that he “…delegated a lot of authority to…Deputy Chief Williams and also Deputy Chief Bailey…and they were very capable of running the department”(Labella deposition, p. 36, lines 5-12). Deputy Chief Mark Williams also testified that, subsequent to the deaths, there was a discussion about whether Officer Longo should have been subjected to an FFDE (Williams, deposition, p. 29, lines 6-11). This acknowledges that a member of the UPD command staff was aware that an FFDE was available to them, but they failed to act.
Chief Labella testified that he considers himself to be a “hands-off chief”(Labella deposition, p. 69, lines 14-17; also p. 35, lines 12-13). An executive who has adopted a hands-off management style is tantamount to having adopted a laissez-faire or free-rein leadership style; a hands-off leadership style is not synonymous with delegating. Subordinate personnel require guidance and direction from their leader to accomplish individual tasks and to accomplish the agency’s overall goals. The laissez-faire management style is generally regarded by policing experts as:
“…symptomatic of a weak executive, and their level of confidence in the boss’ competence will be diminished”(Jurkanian, Hoover, Dowling & Ahmad, 2001, pp. 34-35).
The laissez-faire leader is a leader who:
“…exercises a minimum of control over subordinates. This style of leadership is as bad as, if not worse than, over-supervising. This type of leader believes in leaving subordinates alone and acts under the mistaken belief that a unit can operate without any guidance. The result is that he does not give any assistance to his workers…Thus, Similarly, the free-rein leader is described this way:
“The leader who downplays his role as such and exercises a minimum of control seldom gives his subordinates the attention or help they need...This type of supervision does not work well. It is an easy course for the supervisor to follow—especially when he is more concerned about being liked by his subordinates than being respected by them;…this invariably produces a climate of permissiveness…As a result, morale, discipline, efficiency and production begin to deteriorate and the leader loses control”(Iannone, 1987, p. 38).
Chief Labella testified that he was only vaguely familiar with the UPD’s policy on domestic violence involving UPD officers (Labella deposition, p. 34, lines 7-8) and he was not sure whether or not he had a copy of the policy manual, the primary management document, in his office (Labella deposition, p. 35, lines 23-24; p. 36, line 1). Chief Labella, in his capacity as executive and chief policy maker abrogated his responsibility to the UPD employees and the public by failing to promulgate a contemporary policy that deals with employees who may pose a risk to themselves or to the public. Similar leadership and support failures existed when information about Officer Longo’s suicidal thoughts and threats to kill his family went uninvestigated (see figure 1). Chief Labella did not delegate the authority and responsibility for initiating an FFDE, which left his command staff and supervisory staff without a mechanism to keep the workforce and public safe from potentially harmful police employees.
vi. As a matter of policy, in addition to the CALEA standard for FFDE, the Utica Police Department also had available to them the New York State Mental Health Hygiene Law § 9.41. This law is intended to grant police officers the authority to temporarily and involuntarily commit a person, whom they believe appears mentally ill and is conducting himself or herself in a manner that is likely to result in serious harm to themselves or others. A police officer can direct the person be removed to a specified hospital for evaluation by trained personnel.
Gee, a UPD lying? naaaaaah!
The UPD failed to investigate Officer Longo’s emotionally unstable conduct on several occasions after having been advised by credible third-party people such as Kristin Longo and Joseph Palumbo, Kristin’s father (see figure 1 for a chronology of events). Failing to adopt and enforce an FFDE policy became a policy of acquiescence—the UPD tacitly agreed that the current personnel practice on FFDE was acceptable, when in fact adopting an FFDE policy is a customary and accepted contemporary police practice recognized by policing experts and CALEA.
ix. Officer Longo displayed dangerous and criminal conduct while working at Proctor High School. The subsequent internal investigation revealed that Longo was also untruthful when he admitted lying to Investigator Michael Siriano about his conduct at Proctor High School.
Officer Longo’s propensity to lie is supported by testimony from Longo’s colleagues that testified at deposition that Longo was not truthful in many different facets of his personal and professional life:
a.“…had a tendency to embellish and lie, especially on personal issues (Labella deposition, p. 29, lines 3-5);
b.“…Joe is very funny, but you never know if it’s the truth”(Labella deposition, p. 32, lines 13-14);
c.“He was always dramatic. He always found a way to…manipulate when he told a story when it wasn’t his favor” Labella deposition, p. 32, lines 8-10);
d.“…Joe was known as a liar. He was known as an embellisher. He was known as a person who was very manipulative. He like to stir the pot,‘cause trouble between the employees. I always felt Joe was a toxic employee”(Williams deposition, p. 56, lines11-14);
e.“…can be an embellisher at times”(Williams deposition, p. 17, line 19);
f.“…a person who was very manipulative”(Williams deposition, p. 56, lines 12-13);
g.“…coming out his mouth you would take it with a grain of salt”(Williams deposition, p. 56, lines 15-16);
h.“…I just didn’t trust a word he had to say. He’s been like that for years”(Williams deposition, p. 56, lines 20-21);
i. he is “…a BS’er”(Bailey deposition, p. 9, line 9);
j. he is “…A BS’er”(Scalise deposition, p. 9, line 9);
k. he is a “…BS’er, he would embellish a lot of stories…”(Watson deposition, p. 30, line 22);
l.“You had to take Joe with a grain of salt. And, no sir, I did not believe what he was telling me at that time,” referring to Longo’s comment about Chief Labella “taking care” of the Proctor High School incident.
(Out of character... MEGA MEGAPROPS to Watson, Williams, Bailey and Scalise for TELLING THE TRUTH and showing Utica they, dare I sat it.... CARE?
Anyone who gives them Shyt for that is afuckinasshole.)
The UPD should have proceeded with a criminal investigation, where the UPD acted as the complainant against Officer Longo. The investigation should have been documented as a criminal act and delivered to the Oneida County (NY) District Attorney’s Office for a prosecution determination.
That's a LAUGH and a HALF! Anyone who knows your DA there is an ingrate who has NEVER held a cop accountable unless it was so cut and dry and so obvious that public opinion was against the idea.
This John Shane fella has NO idea what a worthless spineless corrupt "district attorney" Scott McNamara is. WOW!
At the same time a parallel administrative investigation should have been initiated to determine any policy violations, except only an internal investigation was initiated. Pointing his weapon at Tibbetts and Coulett is an indicator of violence. The administrative investigation alone is a facile response that did not account for the risk to public safety and the investigation did not include an FFDE.
BASICALLY what all this means is that the taxpayers are about to get azzfkked with the sand salted vaseline!
No one will be held accountable expect the taxpayers.... as usual.
Amazing ANYONE hires a labella, "LB Insecurity" or longo for ANYTHING in that town.
Tick tick tick.
I wonder if Tim Reed is aware of the way the Labellas "manage" things? ANyone who knows the Labellas knows they are all like fat dannyboi. No question!
With this kind of track record in the Labella family, any security related lawsuits deriving from any issue at the Boilermaker would bode very badly for the boilergasm's future.
"Or u will get nothing but a funeral."
I notice it was funny how the rest of the Longos in utica from Northern Safety actually all tried to deny they were related to this loser.
That's basically because most of the Longos in Utica are like that!
Long Long since the dawn of history, mentally and emotionally stunted losers and wanabe heroes have blamed their failures on the color of skin.
This, along with the failed educational system in Oneida County are the reasons the North Utica Murphy family and the Marcy Ziexio families have created only fat parasite wanabees and losers.
Or you could end up like "coach" Dave Gweedo Jr, the drunk loser who wiped out his face with his "stellar" driving skills and DWU style! Some "coach" example!
Example their crotchspring- Nobodies going nowhere but up to topix to "prove" their white ]\[igger "supremacy", self proclaimed "high class" and "will" ranting from their blue collar 70s paneled mortgages a.k.a. "White]\[igger hovels"!
Take heed or end up like Joan Murphy or Barbara Zezio with evil ignorant kids going nowhere but down on some blackcock fast or off to a life working in pubic service so they can tell themselves how "superior" they are while they espouse ignorant racism and hate at the people who look straight through them as the bags of human sh!t they are!!
-----Proof that cops are both vacuous and prejudiced (coincidence?)
Exhibit A: USDC Upholds firing intelligent police officers
"But the U.S. District Court found that New London had “shown a rational basis for the policy.” In a ruling dated Aug. 23, the 2nd Circuit agreed. The court said the policy might be unwise but was a rational way to reduce job turnover."
If they hire police officers that have some degree of intelligence, they might move on to real jobs. And intelligent cops might think on their own, and not just blindly follow orders. Can't have that. But don't feel bad, officer. That barely-triple-digit IQ is still a hair above your brothers in the fire department.
Exhibit B: Correlation found between racism, conservative beliefs and low IQ score
Live Science wrote:
"The research finds that children with low intelligence are more likely to hold prejudiced attitudes as adults. These findings point to a vicious cycle, according to lead researcher Gordon Hodson, a psychologist at Brock University in Ontario."
This sheds some light on why some people are hateful xenophobes - they might just be unintelligent. We've known for years that racists have been ill informed, but this research helps pinpoint exactly why.
So the next time you see a police officer harassing a minority, don't be upset. He or she is probably just too dumb to help it!
Cretin, who now can deny your greatness?!?! The insane ranting above has made my Poooper prolapse in delight!
Translation for the idiot that, sadly, didn't realize the above was a DEPOSITION. Duuuuuh, One day, infant, you'll make a poo poo caa caa joke that's above the 3rd grade level.
Did you learn that from Coach Davey Baby Guido or Fat sowman Lablubba the corrupt cronyist thugman and his brothers?
Could you try not to sound so whiney all the time?
REAL facts remain that upd DID FAIL. As usual.
This is what you get for letting crony things under Arcui and Roefaro engorge themselves with their "might:.
Man what a disgrace. This is what people warned against!! Roefaro and Labella sure stepped in it this time.
Is it me or can people see what fat lying scum these bottomfeeders are? The whole Labella family has been cruising for a bruising for years this is well deserved ruin for the Labellas.
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