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CNY State Lawmakers Help Push Through Police Reform Legislation in Albany

WAER file photo

Central New York’s delegation of state lawmakers has been busy in Albany this week voting on several pieces of legislation aimed at reforming police conduct.  The final bills should clear the senate Wednesday. 

New York is one of the first to take up such measures amid protests here and nationwide calling for change after the death of George Floyd.  Most of the bills have been passed by the assembly for years, and this is the first time they’re seeing daylight in the senate.  Senator Rachel May says people of all stripes seem to be questioning police behavior.

"We're in this moment of awakening about racism in America.  But we're also in a crisis of trust in the police.  You can be supportive of the police and vote for these bills that can potentially help people have trust in the police force."

May says everything has passed so far, with near unanimous support.  She says the most contentious was the repeal of section 50-a of civil rights law, to allow for disclosure of police misconduct records.  That vote fell along party lines.  Assemblymember Al Stirpe says while lifting 50-A is important, it’s part of a larger problem. 

"I've talked to the Central New York Chiefs of Police.  I've talked to other sheriffs and police leadership.  They say the biggest problem  they have doing anything that would discipline police is really blocked by things in their contracts."

Stirpe says they’ve also approved a measure that establishes an office of special investigation for deaths following a police encounter.  He says it basically puts governor Cuomo’s 2015 executive order into law, taking such investigations out of the hands of local district attorneys.

"This actually helps DAs.  If there's ever a situation where they decide they're not going to prosecute the police, there would be so much mistrust in the community, they just  won't be beleived.  This way, you have someone who does not work on a daily basis with the police that's making the decisions."

Both Stirpe and May say they’ve received numerous phone calls and emails from constituents in their mainly rural and suburban districts supporting the reforms.  The senate will take up two more measures Wednesday before everything heads to Governor Cuomo’s desk.  Most of the legislation mirrors his “Say Their Name” reform agenda. 

SECTION 50-a HAS SUPPORT, MEETS RESISTANCE

By Karen DeWitt, Capitol Correspondent

The New York Assembly and Senate approved the repeal of a measure that’s been used to shield police disciplinary records from the public. But opponents, including police unions and some Republican Senators, says it unfairly singles out officers for scrutiny that other public servants don’t face.

Credit Dan Clark / NY Now
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NY Now
Assembly Speaker Carl Heastie speaks to reporters last year.

Assembly Speaker Carl Heastie , the first African-American to hold that title, has long supported the repeal of the provision in the state’s Civil Rights law known as 50-a, but it has long languished in the legislature.

Heastie, in an interview with public radio and TV, says the death of George Floyd by a Minneapolis police officer, who is now charged with second degree murder, and its aftermath, finally spurred the changes. He spoke via Skype.

When you have people around the world literally laying down with their hands behind their backs, saying ‘I can’t breathe’,” said Heastie. “It raised the awareness and hearts and consciousness of people.”

Other measures approved outlaw the use of chokeholds by police. Another makes a false race based 911 report a hate crime.  It stems from a recent incident in Central Park, where a white woman was asked by an African –American man who was bird watching to leash her dog. Amy Cooper called 911 and said an African –American man was threatening her.

Assemblyman Clyde Vanel, who represents portions of Queens, cited another recent incident, where Ahmaud Arbery, an African American man out for a run, was chased down by two white men in Georgia and shot to death.   The men have been charged with murder. He says he and other African Americans simply want a level of personal safety in their daily lives that many white people take for granted. 

I’d imagine if I were to live in a New York where I was able to walk to Central Park and be able to birdwatch without my skin color being used as a weapon against me,” said Valen. “Imagine I was able to go for a run in my neighborhood without the fear of someone trying to hunt me down and kill me.”

Opponents include police unions and some Republican lawmakers, who say the repeal of 50-a puts police in a separate category form other public workers, where even prior complaints against them that are not proven to be true can now be released to the public.

Assemblyman Michael Fitzpatrick, a Republican from Long Island, says it just gives “red meat to the mob”.

“The problem I have with this bill is that allowing unsubstantiated claims to be made available is not only unfair but plays into the hands of those forces of anarchy that want  not to  just defund and disband, but want to destroy the police departments of this country,” Fitzpatrick said.

Senate GOP Minority Leader John Flanagan in a statement, called the repeal of 50-a “un-American”.

Governor Andrew Cuomo, who has agreed to sign the bills into law, says he also wants to “reimagine” police forces around the state so they can get along better with black and brown communities. He says he knows the  police unions are angry, but he says he can tolerate opponents “yelling” at him.

“I’ve been yelled at by the best of them for a long time,” Cuomo said. “The yelling doesn’t bother me anymore.” 

Lawmakers on Wednesday are expected to approve another measure- it would set up a permanent unit in the state Attorney General’s office to investigate allegations of police misconduct. 

Scott Willis covers politics, local government, transportation, and arts and culture for WAER. He came to Syracuse from Detroit in 2001, where he began his career in radio as an intern and freelance reporter. Scott is honored and privileged to bring the day’s news and in-depth feature reporting to WAER’s dedicated and generous listeners. You can find him on twitter @swillisWAER and email him at srwillis@syr.edu.