Yonkersites are fully in the know of Olson’s tight and cozy relationship with former Yonkers Police Commissioner (PC) Edmund Harnett. Under Harnett, the PBA let Harnett cut and gut the department, especially as they conducted their new direction when Olson and Harnett would often share lunch together. Those were the days when the YPD was shaped and run as would be expected by a former New York Police Department (NYPD) bureau chief. Olson is quick to deny their relationship. Olson is embarrassed to admit that Hartnett demanded Olson protest budget cuts to the YPD, and used Olson to do his bidding. Decrying the past in the hope of rewriting the historical records Olson often touts that he had spoken and attended many meetings, written various articles, as well as lobbied on behalf of his association. Well, duh? Isn’t that the role of the union leader? Was Olson’s demeanor self-serving?

Olson back-doored the Yonkers Firefighters without an axe. International Association of Fire Fighters (IAFF) Local 628 was in control of the federal funds for The Urban Area Security Initiatives for First Responders, and Harnett used Olson, and now Forth Precinct Captain John Mueller to do his lobbying against it; eventually it was taken away from them. Hartnett used Olson as his bully pit bull against members of the Captains, Lieutenants, Sergeants Association (CLSA) that were not conforming to the Hartnett/Olson directives, and also among the PBA membership who were complaining.

In those day, the YPD’s numbers were driven by arrests and fancy named “hotspots” which were attached to operations throughout Southwest Yonkers. This was YPD’s creative concept to place pressure on officers to go out and make arrests in specific areas of the city. The catalyst for this concept was brought about by budget cuts intentionally devised to divert YPD resources to other areas of the department; but the concept did not include any concern for or the welfare of the men and woman of the police precincts, and even less so, the welfare of the city’s residents.

This quest to do “more “with little or no resources fell unto the backs of those now defunct units; the now non-existent city-wide Street Crime and Housing Units. The incentive seems to have been money. As dirty as it sounds, it was a recipe for disaster that cost a person’s life, and undoubtedly may have paved the way for officers to take short cuts to look good for their commanders who needed numbers and information before walking into a ‘CompStat’ meeting. ‘CompStat’, short for COMPlaint STATistics, is the name given first to the NYPD accountability process before being replicated among other departments nationwide.

Given Olson’s self-centered approach to survive as PBA “leader” at all costs, and Hartnett’s numbers driven ‘CompStat’ approach, can be said to have placed too many Police Officers in precarious situations, invariably setting the stage for the recent indictments of two police officers, their respective questionable arrests, questionable police practices and testimonies, and the unusual number of lawsuits involving the same named officers.

Could it be that Olson’s battle cry of “too much supervision” played a distinct role? Most uncompromised supervisors don’t believe a word that comes out of Olson’s mouth, much less agree with his union practices or ethics? Rumors of Olson taping and recording private conversations having seemingly crossed to the “other side” of propriety; what person would be so naïve to share confidence with him?

Recent investigations into the Narcotics Unit by the Westchester County District Attorney’s Office reveals Olson’s approach to blame everything on “Top Brass” supervision. It is Olson’s self-deluding mindset that may have extinguished all prospects of him repairing an already chilled relationship too long suffered by CLSA since Olson came into prominence under a cloak of questionable political maneuvers and actions on his part.

The Westchester County District Attorney’s Office is said to be investigating what actually transpired during a recent search warrant execution. What is known is that the investigation was the catalyst that unleashed a “cornered animal mentality in Olson”. One aspect of contention, only recognized within the last four to six weeks or so, is Quinn Law & Associates’ Andrew Quinn, Esq.’s inability to fairly represent members of the CLSA and the PBA in criminal matters.

This understanding revealed itself during the Westchester County District Attorney’s investigative probing. Olson and Quinn decided to defend Police Officer Neil Vera, who is no stranger to the Internal Affairs Division. Yonkers Tribune has learned from reliable sources who shared facts and insight on the basis of anonymity that Vera was terminated during his probationary period for misleading the YPD during an internal investigation. Sources assert Yonkers PBA President Olson was instrumental in bringing Vera back to the YPD during the time of then Mayor Phil Amicone’s Administration because Vera was a personal family friend, and because Vera had worked with Olson’s wife at St. Joseph’s Hospital.

The decision to represent Vera over Christian Koch may have been a costly one for Quinn and Olson. Their strategy was questionable, to say the least. They decided to blame all of what occurred on the CLSA supervisors. How could that be?  Quinn also represents the welfare of the CLSA membership, concerning all criminal matters. How does Quinn do it? How does he represent PBA members and CLSA members without conflict? How does that fact comport to Olson’s cry of too much “supervision”? So, where does that leave the supervisors? Quinn is collecting money from both unions. Is it possible that a well-known criminal attorney like Quinn did not foresee this conundrum?  For now the CLSA membership have to hope they are not going to be hung out to dry. The rationale of any CLSA supervisor should be to follow and adhere to YPD’s policies and procedures; lest they be left flapping in the wind by the PBA.

Rumors have surfaced suggesting that Olson and Quinn’s strategy has cost Quinn his legal standing in representing the CLSA, and may even diminish his standing and reputation among the law enforcement community. The PBA’s legal strategy has had a damming effect on the whole department with the immediate transfers of seasoned supervisors, forced retirements, and upheaval among personnel in those units. Ouch!

If that were not enough, the PBA seems to be spending an unspecified amount of funds on defending some serious legal issues, as well as a pending Civil Law suit brought forward by one of its own members against Detective Keith Olson for what seems to be a clear political harassment case, and trumped up charges of impeachment which were carried and explained by Officer Vera, who is currently a PBA Trustee.

It appears that the Office of the PBA, under Olson’s leadership is immersed in and will before  Olson’s broad shoulders. Olson’s flagrant disregard for internal policy and procedure may have had a direct role on what is currently going on within the YPD and the community at large. It has shaken the public’s trust.

These days are no longer regarded as the “roaring 1920’s”, when most police departments were still formulating rules and procedures, and civil rights were only beginning to take shape. This is 2014. The Public Trust, the civil rights of the community, and police department personnel must be ensured of their rights under the law. Effective crime control requires a collaborative working relationship between the police and the community. A culture of police integrity is essential in building respect and trust in the community. For a union leader, such as Olson, to go out into the community to personally issue a parking summons to a local businessman based on a personal vendetta tarnished the YPD and taints the Public Trust. Olson’s action was demanded by him of other police personnel that he instructed to issue more summonses. Olson’s heavy-handed attitude among Yonkers Police Officers may cause new police employees to believe that his conduct and directives are acceptable and warranted; they may believe it appropriate to continue to use this type of abuse of authority on others in the community. At issue is why would a PBA president believe he has the right to expect support from the very community over whom he runs roughshod? Police integrity starts from the top; it goes hand in hand with ethics.

Is that what is missing from PBA President Olson? Has Olson robbed and then trampled the integrity of the Yonkers PBA?

Police Integrity and ethics strikes at the very core of a functional police department, and its relationship with the community; integrity and ethics cut across an array of issues, including but are not limited to criminal investigation, racial profiling, traffic stops, internal affairs, complaints, and internal policy and procedures.

No union official should be given free reign under threats of legal actions, or job actions at the expense of its membership. No union leader should be allowed to conduct their own investigations against any union member without any authorization from its own department, and without any consequences for those illegal actions. No union leader should be able to gather official police files to be used against others without authorization or oversight from the District Attorney’s Office.

The system has to be fair for all in order to gain the public’s trust. Perhaps it is because of Olson’s disregard of Yonkers Police Commissioner Charles Gardner’s professional and ethical approach that the YPD is under investigation. Perhaps because Yonkers did not pick Fourth Precinct Captain John Mueller to head the YPD has been the reason for Olson to be so frustrated. Those who know Mueller know in their hearts and minds he is a wrong pick. How easily we forget that Mueller, along with Olson, fought off Gardner’s transfer order. What message did that send to the personnel that are transferred every day? There are professional captains suited for the top spot. Mueller, who is without a doubt an Olson lackey, is not one of them. Mueller is said to be solely controlled by Olson; under the guise they are best friends. Even formerSenator Nick Spano has his teeth in Mueller. Double ouch!

Gardner must use all legal means and resources to bring Olson and his cronies into compliance with the rules and regulations of the department. It is no easy task in dealing with an adversary such as Olson because he is allegedly pillaging the association’s funds to defend his acts of misconduct.  Gardner and the City of Yonkers must move swiftly against the PBA. If they fail to do so, the future of the YPD will be tarnished and bleak and invite lawlessness within Yonkers borders.

The Department of Justice is said to have requested specific police records, and the Westchester County District Attorney’s Office is conducting criminal investigations into the YPD. There are simply too many “cases” under investgation to designate Olson’s defense of some officers’ conduct as an “occasional misstep, or the benefit of the doubt” that Olson asserted referring to his April 17, 2014 response to abuses of the badge in a LoHud article.

Charitable fundraising efforts by the PBA does not give rise to trampling the civil rights of ordinary citizens or its union membership. Doing charities and fundraisers does not mean it is a green light to violate someone’s civil rights, no matter how much money one raises. Fundraisers are done each and every day across the United States by many different union leaders for many different reasons. It goes without saying. The Yonkers PBA has yet to come clean with respect to some fundraising efforts in which there are rumblings that some beneficiaries did not receive all the funds collected in their name. What’s up with that?

So for the time being Yonkers waits as the Department of Justice, and the Westchester District Attorney’s Office continue to investigate allegations of police misconduct. As for Olson, he too is represented by PBA Legal Counsel Quinn for unauthorized investigations, evidence tampering, and numerous reports of harassment against others. Cheering over misconduct at an open union meetings is no badge of courage. It tarnishes the image of the majority of the YPD membership who do the job each and every day. These are the same people who do not attend the PBA meeting, and could care less about Olson. Perhaps it may be better if the Department of Justice steps in and also puts a hold on union activities over alleged criminal acts?

One thing seems apparent, the Yonkers Police Department and the City of Yonkers may be better served if they unload Yonkers PBA President Detective Keith Olson. The membership will certainly be richer without him.

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The post THE HEZITORIAL: BLUE TRUTH – Yonkers Police Benevolent Association Rocked by Controversy By HEZI ARIS appeared first on Yonkers Tribune.

YONKERS, NY

The Westchester County District Attorney‘s Office has already been forced to dismiss some previously pending cases specifically with respect to Detective Koch and Officer Neil Vera, who was a witness alleging to the veracity of Koch’s assertions. Officer Vera has also been served with an indictment today.

Yonkers Tribune has learned that the “false” assertions by Koch and Vera had allegedly failed to be proven in cases since tossed by the Westchester County District Attorney’s Office.  To wit, Vera faces a seven-count arraignment, and Koch a four-count arraignment Wednesday morning, October 8, 2014.

More Wednesday afternoon upon gaining access to the indictments upon their being divulged by the Office of the District Attorney’s Office.

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• BREAKING NEWS: YPD Detective Christian Koch and Officer Neil Vera to be Arraigned on Charges of Falsifying Search Warrant Affidavits Wednesday Morning By HEZI ARIS
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The post BREAKING NEWS: YPD Detective Christian Koch and Officer Neil Vera to be Arraigned on Charges of Falsifying Search Warrant Affidavits Wednesday Morning By HEZI ARIS appeared first on Yonkers Tribune.

Charicature of a younger, better looking Publisher / Editor Hezi Aris.

A dark cloud of allegations of corruption has reared its ugly head after almost two years of internal strife and reports of wronging doing emanating from inside the walls of Yonkers PBA President Detective Keith Olson. The reports of abuse of authority and misconduct committed by the union leader, cohorts and cronies are well documented with City Hall and the Yonkers Police Department’s Internal Affairs Division. Those reports also included civilian complaints and charges of harassment.

It is now apparent that the Yonkers Police Department’s recent shake ups and transfers, and the eradication of the entire Housing Unit, which included three supervisors, are only in response to an ongoing criminal corruption case being investigated by the Westchester District Attorney’s Office. This all because of a search warrant that went terribly wrong causing false and erroneous facts to become evident and which in due course turned into a mini tornado that led to the unearthing of police misconduct. Those erroneous “facts” also brought about the death of a civilian. The legal debacle created allegedly provided the department with false and misleading information that would spread to other units to the virulence of a plague.

The Narcotics Unit was restructured with transfers stemming from a lack of pertinent supervision rather than any intentioned lies or deceptions. The catalyst for the aforementioned concerns may rest on the Yonkers Police Benevolent Association (PBA) for allegedly engaging in illegal and faulty conduct remains to be proven. For now, it has ignited a rash of transfers, insinuations, and innuendos .

At the center of this investigation is Yonkers PBA Union Trustee Neil Vera. Vera is one of the union trustees who carried a petition to expel Olson’s political rival Detective Raymond Montero from the union.  Vera allegedly initiated a search warrant replete with supposed “facts” to Narcotic Detective Christian Koch. Vera is a close associate of Keith Olson and a personal friend of Olson’s family. Vera owes the union president (Olson) big time. Olson was instrumental in getting Vera reinstated after he was allegedly terminated for intentionally misleading / lying to the Internal Affairs Unit during a fact finding investigation early in Vera’s career.

Yonkers PBA President Olson has been under fire for quite some time for internal misconduct stemming from unauthorized internal investigations targeting members of the Captains Lieutenants Sergeants Association (C.L.S.A.), and his own PBA membership. The complaints are a conglomeration that include falsifying police reports, removing and tampering with official police files, tampering with evidence, and searching offices and closed compartments, including the personal desk(s) and draws within a governmental police facility without any authorized search warrants, and police incident numbers. These charges are the underlying bases of the corruption that currently permeates the Yonkers Police Department (YPD).

Had the City of Yonkers (CoY) and the YPD taken those mentioned internal complaints against Yonkers PBA President Olson, and others, such as Detective Sergeant Brian Moran, and 4th Precinct Captain John Mueller more seriously, the likely negative outcome fueling the present disarray among the ranks would have dissipated by constructive self introspection and the disciplinary conduct demanded and expected. Instead, attempts at manipulation and malignment of the law has cast a dark shadow on a department whose present days and recent history are being tarnished by the “terrorists” within the YPD who run roughshod over an entire department. Those reports will likely be reinvestigated by outside independent agencies; such as the Office of Westchester County District Attorney Janet DiFiore. In the two some-odd years of the Blue Truth series of articles, it would have been incumbent upon the YPD to bring complaints of misconduct to the District Attorney’s Office instead of believing she could be outwitted by the many lies her office would come to learn were lies and fabrications rather than facts.

In addition to those internal complaints, Yonkers PBA President Keith Olson personally and seemingly intentionally gave a local businessman parking summonse(s) in what can only be described as retaliatory and vindictive measure because Olson believed the businessman was friends with some outspoken members of the department. Such is the kind of lust to dominate and control, for his benefit, that Olson has engaged unchecked and “wink, wink” given permission to incorporate against the departent. Targeting civilians armed with summon books is “verboten”. Calling for the local precinct to repeatedly reinforce that type of illegal action is clearly an abuse of authority.  

Because of Olson’s union protégés, like Vera, Pataky, among others, some decent upstanding professional C.L.S.A. members and some dedicated Housing Officers were uprooted and transferred for absolutely nothing but the legal games of subterfuge played by Keith Olson and a PBA attorney that have seemingly forgotten which client is more important. For now it appears that Andrew Quinn, Esq., is the apparent legal counsel for Neil Vera in this corruption case, while exposing other police personnel connected to this case left to hang out to dry in a legal conundrum. Quinn’s ethical standards seem conflicted; so does his legal strategy. Reports suggest Quinn is preparing to mount a legal strategy against the C.L.S.A.; Quinn is placing most of the blame on supervisors to thwart the underlying rot of police corruption.  

Corruption is not an easy concept to understand. It can be broken down into two categories, internal and external. It appears that the Yonkers Police Department is currently faced with both.

The internal corruption involving PBA President Olson has not been taken seriously at all levels, because it seems YPD has yet to ascertain what Olson’s union responsibilities are vis-a-vis the PBA, and what abuse of authority means to the department’s personnel overall. Abuse of authority is a breeding ground for more misconduct, especially when it is overlooked.

Case in point, when Captain John Mueller and Olson intentionally refused Yonkers Police Commissioner (PC) Charles Gardner’s transfer order of Mueller, thwarting the PC’s directive by using uninformed and ignorant (meaning not knowledgeable) local political leaders to weigh in on a command decision that they were not equipped to comprehend by any stretch of their capacity to understand.

When there was an internal investigation into a night of drinking and partying at the 4th Precinct, which was also downplayed, letting the commander of the entire precinct off the hook, while disciplining two of his underlings was inappropriate to say the least.  That kind of influence interrupts the duties and responsibilities of all within the department. When a police department appreciates and recognizes the standards and law they are meat to protect, then, and only then, can such a department begin to cleanse itself of the early stages of rot.

This rot has caused the Office of the Westchester County District Attorney’s Office to be forced to already drop over a half dozen cases with no end in sight. There are also reports of numerous Freedom of Information Law (F.O.I.L.) requests pouring into the Internal Affairs Division.

Experts insist that only 1 percent of any given department is corrupt. As for the Yonkers Police Department and its city leaders, they are obliged to maintain and nurture pride in the department membership for honest police work. This is for the benefit of every resident in CoY, bar none. City Hall must extricate itself from their political incursions and intrusions in micromanaging the YPD. Yonkers is a big, small city, and the YPD is failing in its mission to protect the city because City Hall knows nothing about managing a paramilitary organization yet they still bark out orders. If the department is serious about cleaning itself, they need to reign in the likes of Yonkers PBA President Keith Olson and his cronies, and PC Gardner must be permitted to take the steps to do just that without political intrusion and “protection” from political forces that can be named if demanded.

It appears that outside scrutiny has been going on and such investigations may be multiplying. City Hall’s political puppetmasters should have let PC Gardner deal with the Yonkers PBA President years ago, instead the stench of political interference for political endorsements and money reared its ugly head, letting PBA President Olson’s fleas to spread throughout the department. It appears that Yonkers is on track to push itself toward a Federal Monitor and rightfully so, to ensure that everyone’s civil liberties are safely guarded.  

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The post THE HEZITORIAL: BLUE TRUTH – Too Little, Too Late to Clean House at the Yonkers Police Department By HEZI ARIS appeared first on Yonkers Tribune.

Charicature of a younger, better looking Publisher / Editor Hezi Aris.

YONKERS, NY — September 12, 2014 — The YPD’s Housing Unit was unceremoniously ordered to be dismantled yesterday. And it was. Charges of corruption will soon be appended to the allegations in subpoenas already served. They are said to be scathing. The Housing Unit and three supervisors have been removed from the unit that is now non-existent.

Additionally, the Narcotics Unit has had some members and a supervisor removed.

Andrew Quinn, Esq. is representing one officer, and many of Quinn’s legal associates are said to be representing other officers. The referral system is certain to prove to be a conflict of interest.

The post BREAKING NEWS: Yonkers Police Department Housing Unit Dismantled Over Corruption Charges By HEZI ARIS appeared first on Yonkers Tribune.

Montero contends that “Olson and his cronies” conducted unauthorized investigations of him, trumped up charges of misconduct about him over incorrect characterizations of his overtime that are false, among other allegations. To which there is no proof.

The political assassination campaign against Montero, a 26-year veteran of the YPD and the Yonkers PBA, continued unabated and with earnest as Olson conjured up false charges against Montero that improperly would have Montero ousted from the PBA. Since its inception over 100 plus years ago, the PBA had never ousted a member from its ranks. For those PBA members who voted to oust Montero on falsehoods, knowingly or suspecting the bullying tactics against Montero were illegally conducted only besmirched themselves by submitting to the false, erroneous, and trumped up charges. Those alleged charges seem to have been used like a “beard” to legitimize unproven allegations in a character assassination intended to silence an adversary that maintained protocol and standards to which every officer is sworn to uphold.

Det. Montero is highly decorated. He has earned the prestigious Meritorious Service Award, three PBA Presidential Awards for Unit Citations, at minimum nine Commendations in Career, six Certificates of Excellent Police Work, and numerous letters of appreciation from Police Commissioners, and the Westchester County Journal News Award for investigative work.

The legal suit points out that despite having worked amicably with Det. Keith Olson, among others in the Yonkers Police Department Gang Unit as a detective, circumstances would come to sour by late 2009. Montero was determined to seek the position of President of the Yonkers PBA yet chose to run for the office of vice-president in deference to and respect for Olson. Yet that was not good enough for Olson, Olson wanted Michael Farina as his v-p. Montero’s campaign effort earned only the animosity of Olson’s admitted best friends: Sergeant Brian Moran and Lieutenant John Mueller, whose animosity grew as Montero openly criticized Olson for his pattern of kowtowing to then Yonkers Police Commissioner Edmund Hartnett. Montero expressed his concerns specifically when the PBA membership would be coerced to concede to Hartnett, especially when it would come to hurt the PBA membership. Montero won the position of Vice-President. Olson was offended by Montero’s desire to stand up for the PBA membership juxtaposed to Olson’s selfish efforts, which have proven to be for himself and his relatives gaining employment at Yonkers City Hall, and his friends exclusively.

When Montero criticized Hartnett for cutting several police units, including the domestic violence unit, burglary unit, and the community unit that served the public through the Yonkers Police Athletic League, Olson acquiesced and supported Harnett’s cuts without challenge.

Montero’s criticism earned greater hostility from the three “renegade amigos”, Olson, Moran, and Mueller. The pushback was so great, that Olson contrived to exclude Montero from meetings at Yonkers City Hall and in Albany, despite, as PBA Vice-President, having the right to attend. Olson further contrived to assert Montero was derelict to his duties as PBA Vice-President despite Montero complying with all regulations and protocols.

Olson had Mueller call Montero into Mueller’s Office in July 2012 where Mueller was admonished to cease criticizing Hartnett and threatened that if he did not, Montero would be transferred out of the Special Investigations Unit.

When Mueller and Moran learned that Montero was considering to seek the office of PBA President, Olson, Moran, and Mueller conducted an unauthorized investigation concerning overtime slips submitted by Montero. The contention by Olson, Moran, and Mueller that the overtime slip was a “recall” rather than an “extended tour” could have ben adjusted as the “three amigos” wanted except they were so lackadaisical about many of their responsibilities, they did not correct the paper work as protocol demands of them within 24 hours. Instead, the “three amigos” waited weeks for a “make believe issue that they would weeks later challenge by “writing up” Montero for an alleged “mistake”. The “three amigos” do not have the proof to make this assertion. That will come to light in the court case. Even if it could be imagined that Montero did something wrong, as alleged in this circumstance, protocol requires the “three amigos” present their allegations to the Internal Affairs Division (IAD). This was not done. It seems by this very circumstance that Olson, Moran, and Mueller are NOT in compliance. What else have they not complied with? Whose rights did they break within the Yonkers Police Department and within the community at large?

Montero would be reassigned to the Detective Unit under Detective Captain Robert Itzla. Commissioner Hartnett instructed Itzla to make sure Montero would not speak to PBA business. Hartnett also created a situation where Montero would never be afforded any future overtime.

In May of 2011 Olson admitted to Montero that he was written-up for incorrect overtime slips because Montero was critical of Hartnett, Mueller, Olson, and Moran’s conduct and for allegedly speaking to Journal News Reporter Will David about a specific story that Montero denies unequivocally.

Olson precluded Montero from attending PBA activities except for monthly PBA meetings.

The day after Montero refused to debate Olson in the campaign contest for PBA president, Montero found his office had been vandalized.

Montero was soon assigned cases typically accepted on a voluntary basis to police officers on desk duty. Montero was forced to take on these assignments as punishment for his “PBA activities”. It seems under Hartnett, Mueller, Moran, and Olson the right to freedom of expression guaranteed under the U.S. Constitution held no sway at the Yonkers Police Department during Hartnett’s years on the job.

Further attempts to conjure up allegations against Montero continued unabated. Such incidents could have diminished Montero but they have not.

Moran alleged lug nuts on his police vehicle had been loosened by Montero but no proof was ever presented. Mueller asserted a letter threatening him had been received at his home; Mueller insinuated it came from Montero. No such proof has come to light.

At the 2014 PBA meeting, when Montero attempted to depart the meeting to use the men’s room facility, he was prevented from leaving by Police Officer William Pataky who threatened Montero to not leave. Pataky used all sorts of vile epithets leading up to a pushing and shoving match instigated by Pataky against Montero. Pataki and PBA Legal Counsel Quinn assert Montero punched Pataky in the face. A tape of what happened, was allegedly illegally retrieved at the behest of Olson from the Dunwoodie Golf Club premises by a few officers advised to follow Olson’s instructions. Dunwoodie is under the jurisdiction of Westchester County Police and Olson had seemingly no compunction to have his members seize county evidence for his own purpose. Yonkers Tribune learned months ago that the tape shows many men pushing and shoving. Montero is not recognized in that film. The film was apprehended in Larchmont, NY, and is presently in the possession of Yonkers Internal Affairs Division. There is no evidence of Montero hitting Pataky and no report of such an incident filed with IAD.

Olson directed the unlawful seizure of the tape. Upon learning of Olson’s conduct, IAD recommended Olson be disciplined, but he has not been disciplined.

Olson would attempt to defend his conduct by alleging false charges against Montero.

Olson’s petition alleges that on numerous occasions Montero provided information to this publisher / editor, Hezi Aris, for the Blue Truth series of articles. Montero is known to Aris but Montero is known as a friend; Montero is not the source to the Blue Truth series of articles. Montero was approached years ago to corroborate “facts” to which Aris was not 100 percent certain, but be assured he was not the only person approached over many years. Olson has accused Aris of posting information on the Yonkers Tribune and The Westchester Guardian that Olson asserts came from Montero, as in the case of the Blue Truth series, the source was NOT Montero. It came from another person(s).

Further allegations assert that articles derogatory to Hartnett, Olson, Mueller, and Moran were given to Aris by Montero. Not even close. The history revealed in the Blue Truth series of articles were learned and coalesced into the Blue Truth series over many years of personal, on the scene attendance at events and circumstances where the facts were gathered by Aris for this series.

The circumstances that have allegedly played out as described herein reveal systemic issues of great concern with respect to freedoms disallowed though guaranteed by the U.S. Constitution with the Yonkers Police Department by the “three amigos” renegades and the former PC Hartnett that gave them a sense of power over fellow police officers and the disrespect of law by an internal group of “cronies” who dismiss internal directives by the present Yonkers Police Commissioner Charles Gardner. At issue now is who is protecting the “three amigos”? Why are they around? There are even rumors of Mueller intending to replace PC Gardner.

The travesty that has been permitted to endure under this administration for over 2 ½ years point to Yonkers City Hall having insinuated into this mess of their doing. Who is behind this this subterfuge, what is its purpose, why does it continue unabated, and who is pulling the strings that undermine the Yonkers Police Department from maintaining the discipline it needs to function best?

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The post BLUE TRUTH: YPD Det. Montero Files Legal Suit to Restore His Membership with The Yonkers Police Benevolent Association By HEZI ARIS appeared first on Yonkers Tribune.

Cluck, Cluck; Cluck, Cluck Cluck.

Yonkers Police Benevolent Association (PBA) President Keith Olson has been vacationing in sunny Puerto Rico this past week. The distance has however not removed him from being scrutinized with respect to many past allegations.  It seems he remains the subject of yet another internal investigation that begs for outside, independent investigation. It’s not that Yonkers Internal Affairs Department (IAD) is incapable of such an investigating or of uncovering any allegations, should they be proven or not, it’s what’s done with those “findings” that is unnerving. IAD reports have been apprehended by some whose conduct reeks of political intrusion and interference.

There clearly seem to be two standards within the Yonkers Police Department (YPD). One standard is specific to the working street cop, who follows directives every day, and another for the likes of Olson and his patronage mill of known cronies. A litany of records and reports reflect that this was not the first investigation against the union leader.  Does outside political interference trump and manipulate New York State and Federal laws and guidelines?  Who has the wherewithal to interfere with a NYS Police Agency? That will be the issue that will eventually rest before Yonkersites and outside investigators to infer and deduce despite the political quagmire that has grown out of control in the City of Yonkers (CoY).

Sometime in December 2014, a memorandum was issued by Yonkers Police Commissioner (PC) Charles Gardner who recognized that Yonkers PBA President Keith Olson and his “buddies”, Fourth Police Precinct Captain John Mueller, and Detective Sergeant Brian Moran were allegedly behind several unauthorized investigations which if proven, clearly violate departmental rules and regulations, as well as New York State s regarding their targeting members of the Captain, Lieutenants, and Sergeants Association (CLSA), and certain Yonkers PBA members. The memorandum was quickly designated the “Keith Olson Rule”, because most of the rank and file attest Olson was behind the quietly conducted, though unauthorized investigations. The “Keith Olson Rule” memorandum was ordered to be read for twelve consecutive Roll Calls throughout the YPD.  As the union leader, one may infer PBA President Olson was fully cognizant of the memorandum and its contents.

Since the “Keith Olson Rule” was issued, specifically at the January 2014^th PBA meeting, the catalyst behind the most current IAD investigation into Keith Olson was initialized.  As the Yonkers Tribune would come to learn, much became apparent during a cold January night. Sources report that during that January meeting, Olson and PBA Legal Counsel Andrew Quinn, Esq., were questioned by PBA members regarding one of the allegedly worst contracts in the state, specifically with respect to General Municipal Law 207-c, in which Olson sold his soul to Mayor Mike Spano so as to hold onto his seat as Yonkers PBA President for political influence and the hopes of patronage jobs, such as the one given to his sister Kelly Chiarella, within two-weeks after the contract was ratified. The contract placed the PBA membership at a legal disadvantage against CoY with regard to General Municipal Law 207-c.  The contract was anything but fair to the members of the YPD membership. The contract also chopped away at members’ salaries, and their vacation time. Since the ratification of the PBA contract, I.A.F.F. Local 628, and CLSA have refused the city’s offer.

Sources note that Olson staged an incident and reportedly had his union “thug” trustees stand at the entrance door to the Dunwoodie Hall as members entered into the room. One of those trustees was Police Officer William Pataky of the Fourth Police Precinct, chatter reportedly defines Pataky to be Captain John Mueller’s go to guy to put down any precinct union issues. In return, Mueller allegedly feeds Pataky with overtime over other precinct members.  As attending personnel sort answers, Olson did what any other “dirty politician” would do which was to either not answer the question directly or deflect it back as a question. When it was clear that Olson knew nothing of the newly passed 207-c, Andrew Quinn, the PBA attorney attempted to fill in the blanks. However, after all the rhetoric cleared, Quinn is said to have finally admitted that the union conceded to the Yonkers City Hall’s demands, and the burden of proof was no longer on CoY to prove if officers were entitled to the crucial benefits of the NYS General Municipal Law, but was switched and placed on the members’ shoulders. That crucial change would also add emotional and financial strain to the families of members if the department chose to stop the benefits to the injured or sick officer.

According to inside sources, Olson continued to play charades with the questions. As a member attempted to make his way out of the meeting, Yonkers PBA President Olson yelled out, “Don’t let that guy leave the room, this next issue pertains to him”.  Words were thereafter exchanged between Olson and the member who continued to make his way out of the meeting. As the member reached the exit door, PBA Union Trustee William Pataky attempted to verbally, and physically impede the exiting member from leaving. This is the same William Pataky that was featured in the Erik Shilling article published in The Journal News on April7, 2014, entitled: “2 Yonkers Cops Named in 14 Misconduct Lawsuits.”

Pataky was clearly heard mouthing epithets, explicit profanity toward that member who reports say was is a Yonkers Police Detective. Pataky told that member he could not leave the room because Olson was not finished with him. Sources and witnesses report that Pataky was clearly motioning his hands towards that member’s face. Other union trustees who were with Pataky were heard yelling, “Hold him”.  As any normal person would expect, mayhem broke out between union officials and attending members.

The melée came and went like a summer rainstorm, and that Detective was finally able to leave. It was then finally clear to all the members why Olson and his Union “thug” Trustee Pataky wanted him to stay.  Yonkers PBA union leader Olson introduced, and read by-laws to begin the expulsion procedures against Detective Raymond Montero of the Yonkers Police Department’s Narcotics/Gang unit, a former Yonkers PBA Vice President, and a twenty-five-year, recognized and well-decorated Police Detective who reports indicate pulled two wounded New York State Troopers from a fire fight during an early morning raid in which the suspect was shot and killed in The Bronx.

Why would any union president want to expel any union member? If one member is expelled then that paves the way for others to be easily expelled, denying Police Officers their freedom of speech, not for what Olson falsely asserts are acts prejudicial to the interest of the association. Is giving notice and fighting against internal police misconduct committed by a handfull of “gangster” cops who targeted members of the CLSA, and PBA not worthy of being reported? Internal complaints letters, emails, as well as internal reports all indicate Olson and others have, to say the least,  committed official police misconduct.  Does holding the purse of the PBA ward off actions by city leaders?  This is the dark side of the Yonkers PBA under the leadership of Olson. He throws his weight around with the cash of approximately 485 dues paying members.

Since the chilly January PBA meeting, Olson and some of his precinct trustees began writing up expulsion petition against that Detective, which is ironically devoid of noting the reason for the action. The Detective  was struck by 4^th Precinct Union Trustee William Pataky; how pathetic.  The other charges were just as frivolous as those written by Olson. Sources further advise that Olson reportedly called Police Commissioner (PC) Gardner himself and claimed there was some display of emotions at the meeting. What he did not tell PC Gardner is that he personally commenced another unauthorized investigation against that member. Internal reports say that Keith Olson himself called the Dunwoodie Golf Course and identified himself as Detective Keith Olson of the Yonkers PBA, and told a female Dunwoodie employee that he wanted all video and audio for the night of the January PBA meeting. He then reportedly told the employee that he would be sending a Yonkers Police Detective from the Detective Division’s Technical Unit that also collects evidence for IAD, and crime scenes to retrieve potential evidence of the incident without notifying any Detective Supervisor, Internal Affairs personnel, or any other police personnel. Olson then sent his long time Housing Unit friend Detective John Donaghy to retrieve potential evidence, since his petition stated that a crime was committed against Pataky. Detective Donaghy then, following Olson’s alged instructions, identified himself as a Yonkers Police Detective from the Detective Division while off-duty and removed “potential” evidence from the Dunwoodie premises without any legal authorization. That “potential” evidence was then reportedly looked at and analyzed by both Olson and Donaghy while on duty and from a city- owned computer. According to other employees at the facility, they were witness to the removal of the equipment.

While this was going on PC Gardner decided to commence his own investigation into Olson’s claims. Surprisingly, the Internal Affairs Division uncovered the investigation being conducted from the Office of the PBA when they arrived to interview employees of Dunwoodie.  The IAD discovered that Police Detective John Donaghy had already removed and tampered with “potential” evidence. According to information obtained after the incident, that property was found in Larchmont at the Detective’s home. The YPD has since then been investigating the entire incident, but has yet to file any official misconduct charges against Olson and others stemming from the January meeting. It was also reported that no one actually saw the mayhem but Olson and Pataky, who apparently have the same alibi (story) covering each other’s back against another union member. In fact, Olson represented Pataky during the IAD investigation, and Yonkers PBA Legal Counsel Quinn represented Olson. That conduct stinks of conflict; yet not a word from anyone.

As for the incident itself, it reeks of official gross misconduct sparked by a “gangster style” union leader and an “overpaid” union attorney that have lost their way by the smell of money. What’s the rationale for having a lawyer sit in on an official open union meeting?  Why is Quinn permitted to answer for Olson?  Why and how can he represent Olson or any PBA member if he was witness to the alleged stated incident, when he himself was present at the time of the incident, and he is himself a witness?  Andrew Quinn has a duty to fairly represent all members of the association regardless of his personal views.  Andrew Quinn has been silent as Yonkers PBA personal attorney, sidelined as Olson continues to tarnish the Office of President of the Yonkers PBA.

So while other members are being written up for not taking evidence to the lab on time, or overlooking to code a police report, others like Yonkers PBA President Olson have allegedly continued to breed contempt, and violated State and Federal laws by committing unauthorized investigations targeting certain police personnel. It’s a pretty dark side of the Office of the Yonkers PBA.  Can the City of Yonkers clean up this alleged unethical police union boss?  To whom do the good men and women of the Yonkers Police Department turn when Olson and others like Pataky target them?  What Olson has created are union agents who want what they want. It’s “High Noon “and the PBA leader is no longer looking out for CoY. The City of Yonkers (CoY) has a union leader whose conduct show him to be allegedly corrupt, unethical as a union boss, encouraging union members to maintain their silence by means of intimidation, and harassment by filing false reports. Maybe The Journal News should have asked Olson for cops’ personnel files. Olson has a history of removing and copying personnel police files.

Yonkers Tribune suspects when Yonkers Mayor Mike Spano began reading the Blue Truth series of articles that began over 10 months ago, he may not have believed its telling. Two months ago IAD started an internal investigation; one on a cop that went to Dunwoodie and seized a video recorder illegally at the request of Yonkers PBA President Keith Olson, and another with regard to William Pataky for inciting a riot with another cop, again allegedly at the behest of PBA President Olson.

It does seem as though, cluck, cluck, the chickens have home to roost. Cockle doodle do!

The post THE HEZITORIAL: BLUE TRUTH Infested by Allegedly Corrupt Renegades; When Will They Be Judged? By HEZI ARIS appeared first on Yonkers Tribune.

The Journal News

Yonkers has succumbed to the silence of “Yes!’ men and women no mater their climb to ever higher offices of power, diminished, if you will, by their every kowtow to those before them without a compelling response to put an end to the culture of being undermined from within today’s brutalized YPD. It is without challenge that the Yonkers Tribune asserts the renegades are undermining the evolution of a better department were it not for the very few who soil the historical patina of excellence of the YPD. It’s the few who continue to soil the 98 percent who do the best possible under the circumstances at present.

The Journal News cites these articles to make their allegations:

Yonkers cop used PCP arrest to coerce sex: lawsuit

Yonkers pays nearly $3M in decade over police misconduct

Read the complaints against Yonkers police

While The Journal News asserts that, “taken together, the lawsuits paint a grim picture, …” They have yet to grasp the entire picture. The Journal News only goes so far, they allege a story, if proven correct in court later this year, will either be proven or disproven. That should not be the focus, as it is only indicative of a few renegades who have run amuck. The focus must be on Yonkers City Hall because they are the puppet masters; YPD conducts itself at the behest of Yonkers City Hall. How you ask? Let’s examine how the system is corrupted by examining the very standards permitted to endure, promoted as it is by cover-ups and denials, and protected by and with the full knowledge of powerful insiders who derive their “heft” from Yonkers City Hall. Those who do their bidding get rewarded. Those “already” chosen are permitted to run the roost for their benefit.

Illegal searches of homes and cars, illegal arrests, stalking and intimidation… all circumstances that break acceptable conduct of the YPD are permitted to flourish for the elite few. Trumped up denials and assertions of good conduct from the protected “friends and family” membership allow misbehaviors, so as to reward misconduct by gaming the system. For every frivolous arrest, some might define such police conduct as biased and circumstances convenient to those “permitted” to game the system to be authorized, because it is. Of those arrested, the majority are black, less so are the Hispanic, and the least number badgered and arrested, are white. Why you ask? Simple…because there is money in these arrests.

For every one of these arrests, an officer whose base pay is approximately $80,000 per year can come away with $100,000 more in overtime pay. You see, for every arrest, a Yonkers Police Officer is granted 4 hours of overtime so as to be able to attend the pertinent court cases relevant to the arrest. Management, that is, the Office of Yonkers Police Commissioner Gardner should be reviewing the “value” of these “collars” (arrests) to ascertain its studied outcome based on outcome. Many, if not most, deflect attention from the most important cases Yonkers encounters. Yonkersites are instead forced to blow taxpayer money so the “friends and family” fiends can abuse the system devised by Yonkers City Hall for overtime earnings and eventually pensions, that the personnel should not be able to maneuver to their benefit. When Yonkersites recognize these patterns of police behavior is encouraged among the select “chosen” few by Mayor Mike Spano’s political directives and by those who claim to speak for him is anathema to the YPD, only then will these issues and concerns be recognized for what they are: these aberrations of governance must be wiped out. All it takes is for Mayor Mike Spano to issue the directive . Yonkersites are waiting for Mayor Spano to do the right thing.

It’s time for a new game plan boys!

The post THE HEZITORIAL ANALYSIS: Cases of Misconduct Against Yonkers Police Continue Unabated Despite The Blue Truth Series of Articles By HEZI ARIS appeared first on Yonkers Tribune.

Several YPD members have received letters from the City of Yonkers (CoY) requiring them to undergo medical examinations that must be performed by a paid CoY physician. His name is Dr. Charles Totero, a now retired orthopedic doctor who works for United Medical Consultants at 2700 Westchester Avenue, in Purchase, New York. Dr. Totero has cleared 99% of those examined members to return to work in a “light duty” capacity. Based on Dr. Totero’s recommendation YPD members receiving 207-C benefits are demanded (forced) to return to work against their own doctor’s recommendation. Dr. Totero’s is known to have stated that if a PBA member can wipe his a**, he can go back to work. If they refuse to return to work, despite having previously gained acknowledgment and authenticity, and valid medical diagnosis of their condition, they have no other option than to fight for the continuation of 207-C at their own expense.

Upon completion of his examination, Dr. Totero sends his diagnosis and prognosis to Mary Lou Conroy, Esq., and/or Paul Sweeney, Esq. Both lawyers work for the Coughlin & Gerhard Law Firm, located in Binghampton, New York. Coughlin & Gerhard were specifically engaged by Yonkers City Hall to revamp Yonkers Municipal Law 207-C.

Yonkers Tribune has gained access to a letter signed by Dr. Totero in which he presents his finding to Coughlin & Gerhard using Sweeney, as his conduit to Coughlin & Gerhard. Sweeney, works for Coughlin & Gerhard. Nowhere in the sharing of information is permission to share that privileged medical information of the “patient” with any lawyers or a law firm. Dr. Totero’s finding could logically be permitted to be sent to Yonkers City Hall, but not to Coughlin & Gerhard without an OK from the “patient”. 

The U.S. Department of Health & Human Services advise the, “HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information… The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.” Yonkers Tribune suggests HIPAA Privacy Rules protocol were undermined as per the transfer of medical information from a retired doctor, who works for the law firm engaged to specifically rid legitimate people off disability issues proven long before the new contract was voted upon with a 90 percent plus majority approval.

Another issue of great concern is what is protecting the “patient’s” medical information that is job related from now being open to exposing his / her personal medical issues and injuries to those not given permission to be privy to that information because of the manner by which the information was obtained.

As presently conducted, the patient must also face a panel of arbitrators at Yonkers City Hall to undergo determination of eligibility for a second time, despite their having previously been diagnosed to qualify for those crucial benefits. Since the contract gained overwhelming approval some YPD members, those specifically with twenty-plus-years of service, have decided to retire as they continue to fight for their earned disability benefits as retired members, rather than engage in extremely expensive litigious action against CoY. Several members, specifically those who didn’t want to be coerced into retiring or have not yet accrued enough time to consider retiring as an option find themselves having no other prospect than to challenge CoY for their hard earned benefits.

The newly signed 2013 Yonkers PBA contract changed the protocol required by 207-C; the “burden of proof” switched from the diagnosis by a doctor in good standing previously unchallenged, to affording CoY the legal advantage to challenge the diagnosis of every injured and/or sick member.

A member of the Captain Lieutenants Sergeants Association (CLSA) recently received a favorable decision that did not require him to return to light duty, as per an arbitration hearing under the old CLSA contract which saddles CoY with the “burden of proof” to show cause. This process makes it more difficult for CoY to unload members who were injured or became sick while performing their duties.

PBA President Keith Olson was “gung ho on ramrodding” this contract deal. He and his lawyers forgot to talk about a light duty policy which currently does not exist in the department. After the CLSA decision you can rest assured Yonkers City Hall will find one. You would think that someone would have thought of setting those guidelines prior to putting together their newly required research paper style medical incident form, which members are required to complete for every reported injury/illness. 

Since then Olson has done everything in his power to place blame on the media, other union presidents and his own members citing that they were detractors, deflectors, and liars of what was to come.  Unfortunately, this reality was earned by and because of Olson’s controversial and humiliating contract.  Olson took this issue of blaming the detractors so seriously and personally that he specifically had his executive board draft a petition to impeach a member from his own association because that member expressed his own interpretation of the contract. The strain was all consuming for Olson. He decided to vacation with Yonkers Mayor Mike Spano among other high ranking city officials and some that were family and friends that assisted him “hiding” all that was needed to be told the Yonkers PBA membership but was not. A snake oil salesman if ever there was one.

While he was in the sunny State of Florida, Olson was still reaping the fruits of his underhanded and controversial skullduggery on the men and women in blue who deserve better than being violated by their PBA president. Olson’s sister, Kelly Olson Chiarella, who was recently hired by Mayor Spano to succeed Kathy Moran in the capacity of Director of the Office of Aging, has been elevated to a position that will allow her to earn $120,000. Further to that end, Yonkers Tribune have learned the city is currently shining up a new vehicle for Olson since the past practice of receiving free city gas and using your own vehicle is not enough for the greedy union head.

According to inside sources Olson appears to be ostracized from other union leaders because of Olson’s self-serving conduct. The new PBA agreement places unwarranted pressure on other unions to accept the changes accepted by the PBA. For now, it appears that Local 628 President Barry McGoey of the Yonkers Firefighters and C.L.S.A. President Thomas Phelan are still engaged in negotiating a contract devoid of the draconian outcome suffered by the PBA membership.

Some high-ranking departmental transfers, including six captains and one detective lieutenants need well-deserved mention. 

Captain Hellthaler is now designated Det. Captain Fredrick Hellthaler;

Lt. Andrew Lane is now designated Captain Andrew Lane;

Detective Sergeant Joseph Recine #19 is now designated Lieutenant Joseph Recine #19;

Det. Sgt. Kallid Nasser #2  is now designated Detective Lieutenant Kallid Nasser #2;  

Det. Victor Preni #601 is now designated Sergeant Victor Preni;

P.O. Mark Wissner #212, P.O. Thomas Como #438, P.O. Anthony DiMaggio #299 are now designated Sergeants; and

P.O. Sean Drain #710, and P.O. Stephen Donohue #269 are now designated Detectives.

Congratulations one and all!

During this round of transfers Captain John Mueller of the Fourth Precinct did not have to elicit the help of Keith Olson to fend off another transfer because the administration decided they did not need another victory party. As for the high ranking men that accepted their orders for the good of the entire department and without prejudice, the Yonkers Tribune applauds them for their professional integrity and service. As for the Yonkers PBA President he appears to be a lame duck within the halls of the department and appears to be heading to a vote of “no confidence”. Olson seems to have lost all credibility because of his self-serving ways.  It appears that his actions toward members of the Yonkers PBA are deplorable and skirting major legal implications that will soon surface like a dark cloud for years to come. Rather than a legacy of accomplishment and adulation once perceived appropriate, Olson is busy engraving his own epitaph. 

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The post THE BLUE TRUTH: Yonkers General Municipal Law 207-C and Police Promotions By HEZI ARIS appeared first on Yonkers Tribune.

Download CoY v YFD – 010714 Decision & Order

Barry McGoey, I.A.F.F. – Local 628 President.

WHITE PLAINS, NY — January 8, 2014 — Justice Mary Smith, New York State Supreme Court, Westchester County recently ruled favorably for Meyer, Suozzi, English & Klein client Yonkers Firefighters Local 628 regarding their collective bargaining agreement and health/retirement benefits pursuant to a negotiated General Municipal Law 207-a Procedure.

Background: Yonkers firefighters work pursuant to a collective bargaining agreement which expired in June 30, 2009. The agreement includes a negotiated General Municipal Law section 207-a Procedure that, “the City and the Union agree that they will not alter or revoke any benefits or other provisions heretofore negotiated…” In September 2013, the union filed a grievance on behalf of retired firefighter Kevin McGrath that Mr. McGrath should NOT have to file an application for GML 207a benefits based on the collective bargaining agreement. The City disagreed.

The Union argued: the agreement states the Union is the exclusive bargaining agent for all firefighters and that does not exclude those firefighters who retire during the life of the agreement; the collective bargaining agreement applies to all GML-207a benefits; and the Citys demand that the retired firefighter file a new application for supplemental benefits under 207-a(2) is a change in practice; and lastly whether the negotiated GML 207a benefits clause applies to benefits under 207a(2) is appropriate for arbitration.

Justice Smith has ordered that the  "…this Court necessarily finds that there is a reasonable relationship between the subject dispute as to whether a retired firefighter is entitled to receive GML 207-a(2) benefits and the general subject matter of the CBA, and thus arbitration of the subject grievance is required." 

SOURCE: Meyer, Suozzi, English & Klein

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The post BREAKING NEWS: NYS Supreme Court Justice Smith Favorably Ruled for Yonkers Firefighters Local 628 with Respect to General Municipal Law 207-a Procedure appeared first on Yonkers Tribune.

When the November 2013 meeting rolled around, Olson, from his perspective, logically waived givebacks over which Yonkers City Hall had conjectured but deemed unattainable were pleased to hear Olson’s willingness to pursue specific givebacks. Hearing it from Olson had them salivating in anticipation of a final outcome certain to satisfy even the Yonkers Deputy Mayor Sue Gerry. Olson intended to bring a signed contract to Mayor Mike Spano prior to Olson’s re-election effort to hold on to his position as Yonkers PBA President.  Olson’s mind set evolved by him quietly recoiling from his “strength in unity” mantra; he would instead make sure his backroom escapades in dealing with Mayor Spano was kept hush, hush. Olson conducted “his” business without the presence of any other union heads; in fact, Yonkers Fire Department (YFD) and Captains Lieutenants and Sergeants Association (CLSE) were not on his need to know list… even his own board membership were kept in the dark. The cauldron of deceit Olson concocted was the brew by which he, in November pushed harder to sell out the PBA membership for his personal hopes of being re-elected to the cushy gig and the additional $48,000 per annum in perks and those not even listed, much less to ever be corroborated by City Hall. They have video and photographs they now claim were never in their possession – bullfeathers! As long as Olson was doing what he was told to do to meet Mayor Mike Spano’s goals the derogatory evidence would be kept hidden under lock and key within the confines of the ivory tower’s dungeon of past subterfuge.

The membership left that November 2013 meeting wondering if they would have a contract by New Year 2014. Olson whet City Hall’s whistle. Yonkers City Hall had not taken a shine to Olson’s management of his position over the past two years. Delivering no raises for over four years placed Olson precariously on the hot seat with his impatient membership.  Caught between a rock and a hard place, Olson conjured up a plan to sell out the membership by denying them benefits that protected them in case of injury, as noted by Yonkers City Hall in prior month’s. Olson initiated his ploy in deference to Yonkers City Hall behind closed city doors where sources report Olson would appear with PBA Counsel Andrew Quinn, Esq., the widely respected criminal defense attorney. Rumors began to reveal themselves to be true in November. Those rumors suggested City Hall had offered a contract to the CLSA membership, as well as the PBA. An offer said to have been similar to what had been offered to I.A.F.F. – Local 628 Firefighters (YFD). Both CLSA and YFD respectively rejected the offers outright. Yonkers Tribune would come to learn the offers were rejected because strings were attached to the “new” contracts that would come to rob the membership of crucial benefits under the Firefighters General Municipal Law Section 207A.  Refer to I.A.F.F. – Local 628 Firefighters President Barry McGoey, Esq.’s letter (see next paragraph) explaining the contract offer in detail, distilling its meaning after his scrutinizing the offer and learning it was deficient in protecting the physical and mental health of the membership who face being hurt on the job every day. 

Olson was no longer deterred, much less concerned about the details that will in time come to haunt the PBA membership. It was all about Olson and his survival; it was not about the membership any longer. Click to read Barry McGoey’s Letter to the YFD membership.

Soon therafter learning of a proposed Yonkers contract allegedly to benefit CLSA and YFD was the burgeoning chatter among those in blue and red; talks of a ten-year contract similar to ones issued to other police and fire departments agreed to across Westchester County came to light.  Then amid months of contract talks without Mayor Spano’s direct involvement, instead, think Deputy Mayor Sue Gerry, Olson announced he had reached a tentative deal with Mayor Mike Spano’s personal involvement on a ten-year contractual agreement, and sent out an email affirming it to be the case. Then came discovery of what would be the worst police union contract in Westchester County. The Yonkers contract was egregiously flawed specifically with respect to the personal well-being of every and all PBA members. The PBA contract would prove the contention long held by Yonkers Fire Department – I.A.F.F. Local 628 and the Captains Lieutenants and Sergeants Association.

Olson knew that his department was starving for a raise; any number would have them champing at the bit. Olson was selected by his membership to represent the PBA membership in a fair and honest manner, and to ensure scrutiny under his watch over contractual agreements previously agreed upon by law. It is an understood and a given mindset that every union president or leader will tend to the general welfare and well being of the membership. Simply put, to negotiate, secure, and maximize benefits that would protect its member, in a fair and honest way, and to preserve agreements predecessors had obtained that have proven relevant to the present.  Keeping the integrity of any civil service job and its well-deserved benefits are what attracts competent, decent candidates to the field of law enforcement, or emergency service workers like the Police and Firefighters. These jobs are very dangerous, and are well deserving of every benefit agreed upon. Those benefits are in no way to be taken lightly, or used as a bargaining chip for any political advantage.  When standards and protocol are breached, membership morale and worker’s ethics are compromised, deeply affecting job performance and outcome. 

Olson was seen lurking about Yonkers City Hall during the last weekend of November. He was not there to pay a visit to his sister who now works for the Department of Constituent Services since being hired by Mayor Spano. No conflict, if that is what anyone is thinking. Olson was overheard by sources who choose to remain anonymous advising the Yonkers Tribune Olson begged and pleaded with Mayor Spano he be allowed to offer the PBA membership a contract prior to the January re-election effort he faced prior to the election for Yonkers PBA President. Olson, ever the “at the ready Boy Scout” was armed with significant concessions in his vest pocket. Concern for the PBA membership was now a distant concern; it was no longer Olson’s focus – It was now all about Olson’s survival. Olson was pivoting in the wrong direction. He knew it!

The negotiations with City Hall and specifically Mayor Spano had now become a bargaining chip to make Olson winner of the January 7, 2014 election for office to Yonkers PBA President. Sadly, Olson did not have the professional courtesy to tell his counterparts, CLSA President Lt. Thomas Phelan and/or I.A.F.F. President – Local 628 President Barry McGoey, Esq., he was about to throw them and their respective membership under the bus too?  

Basically, Olson no longer accepted his role to serve the membership and the oath he took when he was first sworn to undertake the responsibilities of PBA President by serving the interests of the membership. No longer conflicted, Olson jettisoned his responsibilities to the PBA membership, no longer resisting, in fact consciously submitting to his self-serving political ploy. He was there not on behalf of his membership. He was in Yonkers City Hall there to pacify Mayor Spano and in so doing believing he had the wherewithal to thereafter hoodwink his membership; but mostly to save himself at his membership’s expense. 

During the last weekend of November, Olson sneakily sent out an email of what would be the most damaging contract any PBA leader has ever waved in front of its membership.  In fact, some PBA members were kept from receiving that email, among other emails before, of what was about to be agreed upon, and what was going to be presented for ratification within only four days. It was a presentation but not a copy of the contract itself that would continue to stay hidden. On the following Friday, December 6^th, just four days after he made the backroom deal, Olson decided he would only need one day to explain the pros, and cons of a long overdue contract that would be in effect for ten years, and would have some long lasting damaging effects to its members.  

Leading up to that disgraceful day, one has to wonder what he told his board to prepare them to push the general membership into ratifying a contract that most of them would never see or read in its entirety until the day of the vote, at which the members finally received their first tangible copy to read for themselves.  How would he lure them in? He knew that for most of his membership this was their first glance at a raise in over four years; he strongly emphasized the raise portion of the contract, and minimized all the givebacks.  Spin, pure and simple. Only Blue Truth would challenge the maligned process and the treacherous and calamitous outcome.

When it came time to vote, the membership showed up to three consecutively scheduled meetings throughout the day. Olson in his best same old sweater vest gave a ten-minute presentation for a ten-year contract which primarily highlighted the raise percentages, and scantily spoke about the cost savings concessions to Yonkers which will be discussed in depth shortly. So after what Olson described as months and months of contract wrangling, Olson completes his elementary power point presentation and turns the floor over to his personal confidante and PBA Attorney Andrew Quinn, the highly acclaimed criminal defense attorney to inform the membership of the “moderate changes to General Municipal Law 207-c”.

According to sources that remain anonymous, who know Quinn, it was like watching a law student give his first real summation. Quinn was everything but smooth, and seemed very uncomfortable attempting to pitch the “moderate” change to 207-c for what he roughly asserted would not affect the membership at all; instead Quinn voiced it would actually benefit the membership by streamlining the process to benefit the membership. So much so, the streamlined General Municipal Law 207-c now denies the membership their hard won benefits. Members could now find themselves left out on their own to wage a costly litigious defense against the City of Yonkers (CoY) for legitimately claiming their rights. The contract forces the PBA membership to be pitted against CoY in any future contention regarding General Municipal Law 207-c. Remember CoY is self-insured. Yonkers could lose big if/when challenged.

In retrospect, no one has to wonder why a criminal attorney would give such a “dog and pony” show? Olson was under extreme political pressure to get a contract signed, sealed, and delivered. Quinn needs to protect his yearly $120,000 contract to handle some occasional discipline issues, as well as handling the occasional criminal complaint(s) against the PBA membership. Furthermore, one has to accept that most of the members of the Yonkers Police Department are new to the job. Most members do not have knowledge of the legal purpose and rationale of General Municipal Law 207-c, nor its benefit value should a PBA member become ill or injured in the performance of their duties. That is a task left to the PBA President and legal counsel to deduce and thereafter advise the membership. It boils down to trust. Selling the contract to the membership, if not yet understood, is a complete betrayal of all those in blue. The consequence will in time reveal themselves.

Members who sustain injury while on the job predominantly sustain minor injuries returning to duty rather quickly. At the end of the day, Olson and Quinn managed to ram rod the anything but fair contract down the membership’s throat. In fact, before and after the crucial vote, Olson personally attempted to chastise any members who were personally lobbying against the Olson agreement. It truly appeared to be a sales pitch from two “snake oil” salesmen – Olson and Quinn.

In a personalized email to the membership Olson attempted to incite his membership against the 24 well-versed members that voted against it, and the ninety plus members that did not cast a vote.

First it is important to note that a large part of the police force has less than six years of service, and Olson assumed they could and would give back to the city. In Olson’s backroom dealings, he stripped a large part of his membership of the following:

1. 1) Increases years to top salary for new hires from four to five years, and eliminates the post academy step raise upon graduation;
2. 2) Reduces annual vacation days for new hires, and increases the time to five years to earn 25 vacation days per year;
3. 3) Changes the sick incentive from four three month periods per year to two six month periods per year for “just four hours of straight pay if no sick leave is used”
4. 4) The last concession is the most damaging to all. Olson agrees to make significant changes to the General Municipal Law 207-c procedure for all members who become sick or ill in the performance of their duties on or after December 1, 2013, or who re-injure or aggravate a prior injury or illness after December 1, 2013.

The first three are straight forward concessions. The significant changes to the 207-c are the most important to all emergency services members. The Firefighters have 207-a, which is basically the same. Actually the 207-c benefits to the YPD officers is a template derived after the Yonkers Firefighters General Municipal Law 207-a.  Yonkers Firefighters (Local 628) paved the way for the old 207-c policy.  For those readers not aware what 207-c is, and why it was so crucial not to be significantly changed, is that it insures the continuation of salary, medical, and hospital expenses for police personnel who sustain injuries or illnesses during their performance of duties. What neither Olson nor Quinn explain was the impact of the anticipated changes to its members, and how the City of Yonkers (CoY) was prepping to enact the “moderate “change to the 207-a, or 207-c”.  The change to General Municipal Law 207-c that the Yonkers PBA accepted was first introduced to I.A.F.F.-Local 628, the Yonkers Firefighters, months ago during the preliminary stages of informal talks regarding a viable and fair contract.  According to excerpts from a letter that Local 628 Union President Barry McGoey delivered to his membership, the city’s proposed change to 207-a “were unacceptable, because they would have stripped our members, who were seriously injured or became ill in the performance of their duties as firefighters of many protections that our GML 207-a currently provide”. Although, in McGoey’s letter he does say informally that he was willing to only talk about “modest” changes, not “moderate” which Olson talked about, introduced, and accepted. 

At issue is why neither Yonkers PBA President Keith Olson nor PBA Attorney Andrew Quinn, Esq., did not fully explain how the “moderate” concessions affected the membership and did not advise the ramifications that will be exacted, as opposed to McGoey’s eloquently formulated open letter to his membership expressed. The sickening truth is that it was a political ploy, and Olson omitted and stripped the PBA membership of the vital information that they needed to know before they voted for a ten-year contractual agreement that is a below the cost of living raises, a year away from a small percentage bite of retro to be completed in five years, the PBA membership’s acceptance of a measly and less than desirable contract from the city, and the ugly “moderate changes to the PBA GML 207-c for its personnel. 

How is it that neither Olson nor Quinn did not mention Coughlin & Gerhart, the law firm expert in challenging Firefighters and Police Officers in retaining their GML much needed benefits. The firm was specifically hired by CoY to change the rules of the GML 207-c. Rules that now would make it easier for the City of Yonkers to deny or terminate crucial 207-c benefits to Yonkers Police Officers, and other emergency workers like the Firefighters.  These are just “some” of what was found to be “significant “changes from the old 207-c to the newly agreed upon changes of 207-c.  

1. 1) The time period to apply for GML benefits would be reduced from the current 30 calendar days of the date of injury to just 10 business days. Dramatically cutting the time period in order for a member to fill out the application that is now lengthier and more detailed in its denial. 
2. 2) The new procedure would result in the automatic denial of a claim of re-injury if not reported within 48 hours. (It should be noted that some members may not even realize they have been re-injured until days, or weeks later.  For example, people who have been in car accidents often do not realize they have sustained an injury, or aggravated an old injury. 
3. 3) The new procedure requires FULL medical release, including medical records not related to the illness, or injury. (CoY could also release that information to its contractors. Members would have to closely censor the submission and transference of their medical records).
4. 4) It creates a “return to duty form” to be filled out by a members’ treating physician within ten days of being notified that ones 207-c benefit are being terminated by the department, or ordering a member back to work in the capacity of light duty.  Currently the Yonkers Police Department has no written policy of what would be considered “light duty” for a police officer. This is now an impending legal quagmire, which the PBA hierarchy should have considered. This agreement changes the legal footing underpinning challenge(s) to the termination of the GML, or the back to work order of light duty. In the existing GML 207-c all a member had to do would be to have his/her physician(s) challenge CoY’s hired medical experts. Now the newly designed “return to duty form” would increase the legal standard to an undefined standard of “genuine dispute”. None the less, there are a lot of other important changes that Olson sold to his members, while did not bothering to fully inform them of the distinctly dramatic differences. Other “significant changes “were discovered when fully examined, compared, and discussed as per those concerns and issues highlighted in Local 628’s opened letter to the Firefighters by Union President Barry McGoey. One of most important, and detrimental changes to the newly voted on 207-c changes is the shifting of the “burden of proof” from CoY to the members’ shoulders, wallet, and families.  
5. 5) The old existing procedure puts the “ burden of proof” on the claimant to obtain coverage , and puts the “ burden of proof’ on the City to terminate such coverage of 207-c. The new 207-c would now put the “ burden of proof on the Police Officer seeking arbitration”, NOT the City, because the City does not seek arbitration and will never have to “SHOULDER THE BURDEN OF PROOF” 

So there you have it Yonkers Police Officers. You have been led to the slaughter house like sheep with the lure of a below the cost of living raise, and yet CoY gained a three point upgrade to Yonkers General Obligation bond rating to A+ from Standards and Poors. Yes indeed, the Yonkers Police Benevolent Association has been cheaply sold by Olson. The ratification of the contract was not a victory of any sort to the PBA membership, and specifically not to the newest members. Even CoY, as did Mayor Spano, but CoY and Mayor Spano will not recognize for at least 3 to 6 months. The reality is that at any given time in the line of emergency service to benefit CoY, one can be injured. It is at those episodes in the life and death struggle of a Police Officer or Firefighter that one will feel the impact of the porous construct of this contract adopted so far only by the PBA membership.

While one may hope they will never become ill or injured, reality has shown itself to be quite the opposite. Even the invincible suffer injury. This contract is a gamble that will benefit only Olson should he win his re-election effort by sustaining his hold on the office of Yonkers PBA president. Olson’s viability, should it be maintained, will be paid by the PBA membership whether Olson wins or loses the January 7^th election. The story is a simple one… The PBA membership were betrayed by their own man in blue. The truth hurts. Olson sold his membership for his own political survival and gain. The gamble will reveal Olson’s temporary good fortune or his even quicker and eventual demise. 

The “Why” this ploy unfurled, as it did, is calculating, and cuts to its betrayal of blue on blue trust. That is the shame of it all. Olson betrayed the PBA membership. He knows it; Yonkers Mayor Mike Spano knows it. The shame of it is that Yonkers Mayor Spano has no remorse; Olson is not embarrassed his demeaning himself to save his derrière in prostituting himself to Yonkers City Hall while throwing the PBA membership under the bus. This is nothing to cheer even during the backdrop of Christmas best wishes. This is simply a “ho ho ho”! 

Withholding and omitting the facts, and trying to force a kabosh on the “truth” by claiming plausible deniability with intrigue and spin is why this contract was ratified. The deception of that “truth”, kept from the union membership is the clear path to the self-destruction of any “strength in unity” term often heard espoused by Olson. The contract solely belongs to Olson. The membership will pay dearly. Olson wears that contract like an albatross of shame about his neck, and his signature is indelibly clear exhibit of his doing.  The telephones to the PBA board have been ringing as CoY pushed the men and woman in blue off their 207-c benefits. Many members that have been out injured or ill have been getting appointment letters to get examined by a doctor hired by Yonkers City Hall. The doctor’s philosophy is, simply put, “if you can use the bathroom, you can go to work”. 

CLSA and Local 628 leadership are well respected, as well as intelligent leaders that have the best interest of their members in mind, and had obtained excellent legal advice.  They are not unaware of CoY’s fiscal plight, now negated by the Standard & Poors report, which further denies the fiscal prognosis of the Commission of Inquiry headed by the Honorable former NYS Lt. Governor Richard Ravitch and the Honorable former NYS Assemblyman Richard Brodsky who concluded Yonkers faces a $500 million deficit over a five-year time frame, from January 2012 to 2016. At issue now is whether Yonkers City Hall lied to the Commission of Inquiry to extract a doomsday scenario, or they lied more recently to Standard & Poors to get a rosier conclusion with S & P finding over $31 million not previously known but now revealed. Will Mayor Mike spano ever reveal the “facts”? No likely. Don’t hold your breath.

Fiscal doomsday scenarios reveal themselves in Yonkers every year at least once, Under Mayor Spano’s Administration it is heard more often. What needs to be recognized is that Spano Administration will eventually bite the dust, but the City of Yonkers will survive every calamity thrown at it, including this underhanded betrayal of blue against blue. It is high time Yonkers owned up to its fiscal status and decide whether it is a city worthy of exemplary police, fire, and DPW personnel who can be paid and protected for the jobs they perform every day in good health and when / if they should suffer injury. Yonkers must reflect upon itself with honesty… did the union membership create the fiscal crisis Yonkers City Hall claims exists? Or is it that Yonkers City Hall’s feigned claim to being unaware of Yonkers plight evident of Mayor Spano’s conflicted denial of the city’s plight. What is the truth? Besides, while Mayor Mike Spano admonishes the unions, City Hall has become a depository of “family and friends” employment opportunity that continues to run amuck. What’s up with that Mayor Spano? 

The final concern is that the City of Yonkers, specifically Mayor Mike Spano has permitted a self-serving PBA president to hurt the PBA membership and Yonkers Mayor Mike Spano has not come to their defense. Why? No good can come from Mayor Mike Spano not perceiving the debauched ethical standards to which Olson has maneuvered his ploy with the might and clout of Mayor Mike Spano to hurt the very people who maintain the security and civility to which the fourth largest city in the State of New York claims to aspire. Perhaps Yonkersites do, but Yonkers Mayor Mike Spano has another agenda. Before you know it, instead of calling 911, Yonkersites will need to call the Mayor’s Hotline for assistance. Will Mayor Mike Spano be at Yonkers City Hall to take the call? Yonkersites may learn the answer to that question sooner than later.

2014 promises to be a tumultuous year. It will only be fun if we collectively resolve to maintain an ethical standard which has been eclipsed by newly adopted dysfunctional standards that do not serve Yonkers well. 

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The post THE HEZITORIAL – BLUE TRUTH: Blue on Blue Betrayal with a Helping Hand from Yonkers Mayor Mike Spano By HEZI ARIS appeared first on Yonkers Tribune.