Advisory Opinion regarding prior restraint on FOIL requests and more

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request:

An Advisory Opinion regarding the State University of New York at Albany's Records Access Officers not responding to a FOIL request at all and the University at Albany instead responding with written threats - coercive prior restraint on freedom of speech, inquiry, association, and movement without due process.

The day after I'd filed a FOIL request for several SUNY Oaths of Office https://docs.google.com/file/d/0B7Mt-S77wZKfSlZiV2RvMzV3NEU/edit?usp=sharing (to which the University at Albany's Records Access Officers did not reply, even to acknowledge the request), Clarence L. McNeill, supposedly "the President of the SUNY-Wide Judicial Administrator group", threatened me in writing not to communicate with anyone at the University at Albany other than himself, calling himself my "sole contact" and the "agent of the President of the University." Mr. McNeill was one of the people whose oath I'd requested, as were some of the people Mr. McNeill cc'd when he e-mailed me. Mr. McNeill later made an exception for University at Albany librarians after the U.S. Government Printing Office contacted him on my behalf given their oversight of the Federal Depository Library Program (UAlbany's library is one such Congressionally-designated Federal document depository, to which public access is federally guaranteed).

A subsequent refiling of nearly the same FOIL request with the NYS Department of State indicated that several people at the University at Albany lacked Oaths of Office. They would seemingly thus have automatically vacated their offices under N.Y. PUB. OFF. LAW § 30 (1) (h) and the legal precedent in People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 which states of the New York Public Officers Law that: "This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 days after notice of appointment or within 15 days after the commencement of the term of office, the office becomes vacant, ipso facto. That is all there is to it. No judicial procedure is necessary. No notice is necessary. Nothing is necessary. The office is vacant, as much so as though the appointee is dead. There is no incumbent, and the vacancy may be filled by the proper appointive power". Clarence McNeill had three Oaths of Office on file, so he presumably ought to be very familiar with the concept of freedom of speech as it exists in both the NYS and US Constitutions.

The Committee on Open Government might need the following documents to issue an Advisory Opinion, though I've previously sent the links to the Committee on Open Government, and they were even included in the October 24, 2012 3:22 PM e-mail to me from Executive Director Robert J. Freeman.

• August 3, 2012 4:19 PM e-mail
Clarence L. McNeill to CKP, Philip, Bouchard, Thayer, Murphy, Reilly, Wiley
https://docs.google.com/file/d/0B7Mt-S77wZKfZmY2YzFJNEpmMVU/edit
• August 3, 2012 4:19 PM e-mail header
(UAlbany's Microsoft e-mail stripped it off into a tiny edit window that had to be copied out and pasted)
https://docs.google.com/file/d/0B7Mt-S77wZKfRTN1eGhEcUFTQjg/edit
• August 3, 2012 4:19 PM chrisphilippoC&D.pdf attachment
(subsequently sent registered mail, postmarked August 7, 2012, arriving August 8, 2012)
https://docs.google.com/file/d/0B7Mt-S77wZKfQ3d5dzh3Y0VUSXc/edit

Document referenced in the above:

• December 9, 2011 12:44 PM e-mail
Clarence L. McNeill to CKP and Susan M. Philippo, RN
https://docs.google.com/file/d/0B7Mt-S77wZKfUnYzczZhOF9Ebkk/edit
• December 9, 2011 12:44 PM ChrisPhilippo.doc attachment
https://docs.google.com/file/d/0B7Mt-S77wZKfZC1jTFYwckN4SWs/edit
• December 9, 2011 12:44 PM ChrisPhilippo.doc attachment
converted to PDF (since letterhead otherwise disappears on Google Docs)
https://docs.google.com/file/d/0B7Mt-S77wZKfVmF4Mms5UlFIZXc/edit

Documents referenced in the above:

• December 8, 2011 10:39 AM e-mail
Clarence L. McNeill to CKP
(contained within my December 8, 2011 11:39 AM reply)
https://docs.google.com/file/d/0B7Mt-S77wZKfRGU5X0FDYUFPams/edit

• December 6, 2011 9:51 AM e-mail
Clarence L. McNeill to CKP
(later forwarded by Clarence L. McNeill to John M. Murphy July 11, 2012 1:52 PM, and later mailed by Murphy to CKP)
https://docs.google.com/file/d/0B7Mt-S77wZKfcnRtNkhYcnVuS0U/edit

Version of the above retitled, redacted, amended, and forwarded by Clarence L. McNeill:

• December 7, 2011 9:26 AM e-mail
Clarence L. McNeill to Jeanette Altarriba
(later forwarded by Clarence L. McNeill to John M. Murphy July 11, 2012 1:52 PM, and later mailed by Murphy to CKP)
https://docs.google.com/file/d/0B7Mt-S77wZKfNkhvSGx4TE9OWjQ/edit

Cover letter for the above, as mailed by John M. Murphy to CKP:

• letter dated July 12, 2012
John M. Murphy to CKP
https://docs.google.com/file/d/0B7Mt-S77wZKfZ1I2WERvQ0xWWlk/edit
CPhilippo July 12.docx attachment
https://docs.google.com/file/d/0B7Mt-S77wZKfTkZwamhhWHk1c1k/edit

E-mail notification of the above:

• July 13, 2012 9:50 AM e-mail
John M. Murphy to CKP
https://docs.google.com/file/d/0B7Mt-S77wZKfQ1hPdWpvakxldVE/edit

UAlbany's Vice President for Student Success Christine Bouchard (one of the people Clarence L. McNeill had cc'd on the coercive prior restraint on my freedom of speech, inquiry, association, movement, etc. without due process that he'd e-mailed then sent me via Certified Mail through the USPS) had evidently written in 2009: "the University fully recognizes the First Amendment rights of others to free speech and is committed to this principle of freedom of expression. The great diversity of our campus provides fertile ground for open discussion on contradictory viewpoints and these dialogues must always be encouraged, regardless of the nature of the content." http://drbones.typepad.com/openly_episcopal_in_alban/2009/03/christine-a-bouchard-vice-president-for-student-success-at-suny-university-at-albany-sent-this-message-to-all-students.html http://www.webcitation.org/6GcdpLwdZ

Bouchard had done the same for a man described by some as "anti-homosexual," writing "the University, as a public institution, recognizes the First Amendment rights of others to free speech" according to Marc Parry's article "UAlbany offers free speech reminder" in the October 16, 2008 Albany Times Union http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=7067895

What does one do when the "processes of education" don't function to "expose through discussion the falsehood and fallacies" but instead the "processes of education" coerce silence and repression? It's my understanding from Whitney v. California, 274 U.S. 357 (1927) that "the remedy to be applied is more speech, not enforced silence".

I must note my continued concern regarding my pursuing this matter, given the apparent willingness of the University at Albany's armed police force, a police force with a history of firearms violations, to back coercive threats such as the ones sent to me and my mother. Some of the problems regarding SUNY Police are a matter of public record:

"'instead of the school doing what it should do, following basic standards of due process…basically, if you can’t cross-examine your accuser, since the time Sir Walter Raleigh, that accusers testimony needs to be discarded. However, in SUNY Albany the accuser, the cop, can say whatever he or she wants, and then you’re not allowed to cross-examine that cop'"
Mineau, Lauren. "Bruised, arrested student alleges police brutality." Albany Student Press Blog. December 12, 2012. http://blog.timesunion.com/asp/2706/bruised-arrested-students-alleges-police-brutality/

Peter Barry, Vice President and Legislative Director of New York State University Police Officers Union, Local 1792 of the American Federation of State, County, and Municipal Employees, AFSCME, Council 82 and AFL-CIO had stated:
"decentralized structure promotes erroneous crime reporting and record keeping. One possible cause for this is that SUNY police chiefs serve at the pleasure of the campus president, thus are motivated to keep crime stats down by any means. [...] SUNY can no longer afford to staff, or overstaff, a body which is subject to inefficiencies, manipulation, cronyism, ill motivation and mismanagement" (127-128)
http://www.nysenate.gov/files/SUNY%20Testimony%20pt.%203.PDF

James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union had stated:
"there are police chiefs in SUNY who are not mandating policer [sic] officers, certified, whatever. We have police chiefs that refuse to voluntarily give up their fingerprints" (108)
http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF

"the State is not an insurer or guarantor of the safety of SUNYA students".
McEnaney v. State of New York, 267 AD 2d 748 - NY: Appellate Div., 3rd Dept. 1999. http://scholar.google.com/scholar_case?case=14949034404515783354

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

An earlier request for an Advisory Opinion on this subject was made; it is included below. No Advisory Opinion was ever given.

Sincerely,

Christopher Philippo

Begin forwarded message:

From: Christopher Philippo <toff@mac.com>
Subject: Friday, October 19, 2012 Advisory Opinion request
Date: October 19, 2012 10:37:55 AM EDT
To: "Robert J. Freeman" <coog@dos.ny.gov>, "Robert J. Freeman" <Robert.Freeman@DOS.NY.GOV>

I'd like to request an Advisory Opinion. I don't know if your prior e-mailed responses have constituted such or are something more informal. You'd sent me at least one formal Advisory Opinion in the past, dated January 20, 1999: http://docs.dos.ny.gov/coog/ftext/f11267.htm

May a NYS employee forbid a NYS resident to file FOIL or PPPL requests with the agency's appointed Records Access Officers? May the employee's supervisors permit such a prohibition?

In the event that the NYS Department of State does not respond to my most recent FOIL request (though they still might respond), who would the FOIL Appeals Officer for the NYS DoS be?

The NYS Department of State's Records Access Officers have as yet not acknowledged my FOIL request for notices of neglect to file oath or undertaking given pursuant to N.Y. PUB. OFF. LAW §13 (though they do still have some time to do so). I understand such notice to be legally required, and I understand it is required for people lacking such Oaths of Office on file to vacate their office regardless of notice, pursuant to N.Y. PUB. OFF. LAW § 30 (1) (h) and the legal precedent in People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 which states of the New York Public Officers Law that "This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 days after notice of appointment or within 15 days after the commencement of the term of office, the office becomes vacant, ipso facto. That is all there is to it. No judicial procedure is necessary. No notice is necessary. Nothing is necessary. The office is vacant, as much so as though the appointee is dead. There is no incumbent, and the vacancy may be filled by the proper appointive power" (emphasis added above and also below).

I didn't create that problem; it was the responsibility of Mr. Philip et al. to ensure for themselves they had such Oaths of Office on file for themselves, and the responsibility of the SUNY University Counsel to ensure that it was done. I would suppose it also to have been the responsibility of the University at Albany Office of Human Resources Management, as their forms mention the Oath, as well as the relevant appointing or electing bodies.

Failure to give such notice: would it constitute rewarding official misconduct in the second degree? I.e. Mr. Philip, et al. have violated their duties as public servants. Failure to notify the bodies that appointed or elected Mr. Philip et al. would knowingly confer a benefit upon Mr. Philip et al. (namely they would be permitted to remain in offices, and to be paid a salary and benefits for offices, that they are in fact not legally entitled to hold). If that fits, that's a class E felony.

Mr. Philip, et al. if they were to receive such reward for official misconduct: would that constitute receiving reward for official misconduct in the second degree? That too is a class E felony.

I could notify Mr. Philip myself, but Clarence L. McNeill had forbidden me on August 3, 2012 to communicate with anyone at the University at Albany other than himself. Mr. McNeill had cc'd that prohibition to Mr. Philip. Mr. McNeill subsequently sent to prohibition to my mother's home, postmarked August 7, 2012 and arriving August 8, 2012.

While Mr. McNeill raised the prohibition against communicating with University librarians on or about October 12, 2012 when the US Government Printing Office discussed it with him, due to the UAlbany library being part of the Federal Library Depository Program that they oversee. The rest of his broad prohibition remains: including prohibiting me to communicate with the University at Albany's Records Access Officers, University at Albany Police, Interfaith Center, WCDB, Albany Student Television, Albany Student Press, Psychological Services Center, Five Quad ambulance, my own friends, willing listeners, etc.

While the Registrar's Office did sent me my Student File in June 2012 after I'd been requesting it repeatedly through their obstructionist responses since January 2012, Mr. McNeill's prohibition means I'm now prohibited from communicating with the Registrar's Office at all. I would not be able to request from the Registrar's Office anything new that may have been added to my Student File, I could not request my official academic transcript, Form 1098-T for my tax preparer, etc. were I to need them.

Requiring me to contact Mr. McNeill to get such things done when it is not his job, he has no training in that regard, and furthermore he'd informed me and my mother in writing that he'd provided our home address to Mr. Barberich after he'd informed Mr. Barberich that I'd reported him, and after Mr. Barberich had filed a false police report about me… it seems quite unreasonable, if not criminal. Mr. McNeill's tipping off Mr. Barberich and Ms. Altarriba seems not unlike what Mr. Ely is alleged to have done in the Steven Raucci case. Mr. Barberich's wife Therese Assalian is mentioned in some articles about the Steven Raucci case, and she had also made threats to a local public school of expensive litigation (thus also threatening local governments and local taxpayers) if they didn't hire back a schoolbus driver who'd threatened to hire a hitman to murder a whistleblower, a fellow schoolbus driver, who'd reported her erratic driving.

Cook, Steven and Michael Goot. “Raucci charged in Schodack case; Alleged arsonist Steve Raucci posted $200,000 bond Tuesday and was released — into the waiting handcuffs of a Schodack police detective.” Daily Gazette [Schenectady, NY]. February 25, 2009. http://www.dailygazette.com/news/2009/feb/25/0225_raucci/?print (“Capital Region CSEA spokeswoman Therese Assalian said the Schenectady CSEA Local 407 chapter had been placed in ‘administratorship’ on Monday, which means that the state CSEA will take over day-to-day operations of the bargaining unit. She said the local chapter also has a vice president, treasurer and secretary, but state CSEA believed it was best to step in as a result of the allegations against Raucci. Assalian believed Raucci has been president since 2001 and receives no salary for the position. She was not aware of any issues at the local chapter. She said the local chapter functions fairly independently, although it receives support from the regional and state organization. Assalian said it was somewhat unusual — though not unheard of — that Raucci would be union president while holding a management position. ‘It’s not something we can control or change.’”)

Hutchins, Ryan. "Dark portrait of suspect grows; Prosecutor says school official routinely used fear as tactic." Albany Times-Union. February 27, 2009: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=7544901 ("Since his arrest a week ago on a first-degree arson charge, and the discovery of a small explosive device in his office at Mont Pleasant Middle School, a portrait has begun to emerge. It shows a man who'd grown up in a family involved both in organized crime and a murderous personal dispute. Carney painted him as someone who'd coveted power and sought to strike fear into the hearts of anyone who stood in the way of him, his associates or even his school and union. ‘He has a more than 20-year history of intimidation and vandalism, and that's his pattern,’ Carney said on the Vandenburgh show. […] Raucci is also the son of Joseph Raucci, who pleaded guilty in 1986 at the age of 69 to two counts of attempted murder and one charge of manslaughter in the death of his 6-year-old son, and wounding of his estranged wife and her boyfriend. He was sentenced to 16 2/3 to 50 years in state prison, where he died in 1992. Prior to the shooting, Kathie Raucci had sought protection from her husband, but Rotterdam police told her not to worry, saying Joseph Raucci was more likely to commit suicide than homicide. A federal jury found that the town failed to protect the victims and ordered Rotterdam to pay $525,000 in damages. The outcome of an appeal in that case was not immediately available. […] The nearly $80,000-a-year employee is also named as a defendant in a federal lawsuit filed by a custodial worker against him and the district in early 2008. Ronald Kriss, who worked as a custodian for Raucci, accuses the manager of humiliating and ridiculing him for having irritable bowel syndrome and making him the victim of a sexual game. The lawsuit says that Raucci would perform what he called the 'man game,' and 'run his hand up a male employee's thigh and attempt to grab his genitals.' […] The state CSEA has taken over daily leadership of the local unit at Schenectady schools, said Therese Assalian, a regional spokeswoman.")

Stanforth, Lauren. "CSEA acts on local leadership." Albany Times-Union. March 11, 2009: B9. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=7599997 ("[A letter from CSEA] said the arrest of Raucci, president of Schenectady City Schools Operational and Maintenance unit, is a matter unrelated to the takeovers of Local 847 and the county employee unit. CSEA spokeswoman Therese Assalian in Albany said Tuesday the union would not comment on internal matters.")

Bolton, Michael Morgon. "Bus Driver Firing Upheld" Albany Times-Union. January 30, 2004: B4. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6274649 ("Albany Donna Bottari was so steamed that a fellow Saratoga Springs school bus driver reported her erratic driving in May 2002 that she told a co-worker she was going to arrange a 'hit' on him, according to a court decision released Thursday. Not a good idea. Following a two-year court battle, the Appellate Division of state Supreme Court ruled Thursday that Bottari must be fired. The 4-0 decision reversed a move by Saratoga County Supreme Court Justice Thomas D. Nolan Jr. to reinstate Bottari last summer. […] 'We're disappointed with the decision,' said Therese Assalian, a spokeswoman with the Civil Service Employees Association. 'We agree with the lower court, and we're considering our options. 'That might include taking the case to the Court of Appeals, she said.'")

In the Matter of Bottari v. Saratoga Springs City School District, 3 AD 3d 832 - NY: Appellate Div., 3rd Dept. 2004. http://scholar.google.com/scholar_case?case=1343002799337654656 ("In May 2002, petitioner, a school bus driver employed by respondent Saratoga Springs City School District, was reported by another driver, Brian Winne, for driving her own bus erratically. A few days later, petitioner confronted Winne and verbally berated him. Petitioner also told another coworker that she was going to "get a hit out on [Winne]" because he filed the report against her. Based on these alleged incidents, four disciplinary charges were filed against petitioner pursuant to Civil Service Law § 75. Upon completion of a hearing, the Hearing Officer sustained three of the charges, namely, that petitioner had erratically operated a school bus, had used threatening and obscene language against Winne and had threatened to "get a hit man to take Winne out." The Hearing Officer recommended that petitioner's employment be terminated. Respondent Board of Education of the Saratoga Springs City School District adopted the findings of fact and the recommended penalty. As a result, petitioner commenced this CPLR article 78 proceeding contending that her termination was procedurally flawed and the penalty imposed excessive. Supreme Court determined that minor flaws in procedure did not vitiate the proceeding, however, considering petitioner's employment record, terminating her employment was a harsh and excessive punishment. Consequently, Supreme Court annulled the penalty and directed respondents to impose a different penalty. Respondents' contention on appeal is that Supreme Court improperly set aside petitioner's termination because, in doing so, it erroneously substituted its own judgment for that of the Board. "When determining the appropriateness of a penalty, a court must consider whether, in light of all the relevant circumstances, the penalty is so disproportionate to the charged offense as to shock one's sense of fairness" (Matter of Smith v Board of Educ. of Taconic Hills Cent. School Dist., 235 AD2d 912, 914 [1997] [citation omitted]; see Matter of Massaria v Betschen, 290 AD2d 602, 605 [2002]; Matter of Heslop v Board of Educ., Newfield Cent. School Dist., 191 AD2d 875, 878 [1993]). Here, while it is true that petitioner was employed by the District for 13 years as a bus driver and instructor without any prior incidents of misconduct reported in her record, we cannot say that the penalty of termination is so shocking to our sense of fairness that it must be set aside. Notably, the Board premised its termination decision upon, inter alia, petitioner's poor judgment and lack of remorse, the disturbing nature of her comments, various safety issues and the District's strict policy concerns regarding threats of violence. Even assuming that a lesser penalty may have been more appropriate, it is not proper to substitute our judgment for that of the Board. Therefore, inasmuch as we do not find the penalty of termination to be shocking or disproportionate under the circumstances")

The contract actually does permit Shenendehowa to fire a bus driver for a single instance of on-the-job drug use or similar danger, making the lawsuit seem frivolous at best, if not actually malicious:

"Suspension without pay or discharge may be invoked with less than two (2) written warnings where the employee's conduct creates a danger to the health, safety or welfare of staff, students and/or the general public or creates a danger to property. A positive result in any required drug or alcohol test is considered such a danger to health, safety or welfare of staff and/or the general public or creates a danger to property." Agreement by and between the Shenendehowa Central School District and CSEA Local 1000 AFSCME AFL-CIO § 47 ( c) (4) http://www.shenet.org/district/HumanResourses/HR_contracts/CSEAContract2009_12.pdf

That the contract permits such firings has long been a matter of public knowledge and record:

"The district successfully changed a clause in the new CSEA contract passed recently allowing officials to suspended without pay or discharge an employee with less then two written warnings concerning positive results for drug or alcohol use, according to district documents."
Gardiner, Bob. "School bus driver quits after positive drug test." Albany Times Union. June 12, 1997: B7. albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=5868519

In spite of that, Ms. Assalian threatened the same in another case involving a Shenendehowa schoolbus driver, making statements to the media apparently on the same day that her husband was filing a false police report about me and allegedly contacting his union representative about me (as is stated in the false police report):
Griffith, Glenn. "Shen overruled in bus driver firing; court says district violated collective bargaining agreement." Community News. December 6, 2011. http://www.cnweekly.com/articles/2011/12/06/news/doc4ede62e1c9ca6994286882.txt?viewmode=fullstory ("Assalian would not speculate on Shen’s next move but said CSEA intends to maintain its position without change. She also referenced the cost of litigation. 'They’ll have to decide whether it’s beneficial for them to pay for more litigation in this case,' she said. 'Litigation is expensive.'")

O'Brien, Tim. "Shen to fight rehiring drug-test flunking driver; CSEA union criticizes school board's decision to appeal court ruling." Albany Times-Union. December 8, 2011: D6. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=16753337 ("Therese Assalian, spokeswoman for the CSEA, said the union will continue to fight on behalf of DiDomenicantonio. The district is spending considerable taxpayer funds to fight the legal case, she said, when the contract language requires that an arbitrator's decision be binding on both parties.")

Zarnowski, Tatiana. “Court: Shen bus driver shouldn’t be fired; District told to abide by contract for bad drug test.” Daily Gazette [Schenectady, New York]. December 2, 2011. http://www.dailygazette.com/news/2011/dec/02/1202_court/ ((“DiDomenicantonio submitted to the test upon returning to the bus garage after delivering children to school that day. When the test results came back, she was placed on unpaid suspension and then fired in November 2009 [...] she contended she hadn’t smoked but may have been exposed to secondhand smoke or inadvertently eaten marijuana-laced food […] “It is unclear whether DiDomenicantonio still wants the job back more than two years after being fired, but the decision goes beyond her specific case and bodes well for worker issues, said CSEA spokeswoman Therese Assalian. ‘There is a clear process for discipline,’ Assalian said. ‘They chose to throw that out the window and proceed a different way. You can’t just throw that out the window because you don’t like it.’ […] CSEA attorneys also are reviewing the decision, Assalian said.”)

After she failed the drug test, Didominicantonio tried blaming her own daughter for having failed it. That would make it better how, exactly?
Matter of Shenendehowa Cent. School Dist. Bd. of Educ. v. Civil Serv. Employees Assn. Inc., 2010 NY Slip Op 52107 - NY: Supreme Court, Saratoga 2010 http://scholar.google.com/scholar_case?case=4481310012450920175&q=didomenicantonio&hl=en&as_sdt=2,33 ("Second hand smoke or her unwitting ingestion of marijuana laced food prepared by her daughter.")

In the Matter of Arbitration between Shenendehowa Central School District Board of Education, 90 AD 3d 1114 - NY: Appellate Dic., 3rd Dept. 2011 http://scholar.google.com/scholar_case?case=9735257119455718613

There's been at least three other problematic CSEA schoolbus drivers in the Shenendehowa school district:

Gibbs
Ringwald, Christopher. "Shenendehowa Bus Driver Suspended After Drug Arrest." Albany Times Union. January 12, 1995: B5.http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=5755902 (“The Shenendehowa Central School District on Wednesday suspended a bus driver who was arrested and charged the day before with selling marijuana and endangering the welfare of a child. State Police said the arrest of Jacalyn Frances Gibbs, 39, of 9 Birchwood Drive followed a lengthy investigation into marijuana trafficking in the Clifton Park area. She was arrested Tuesday after police, armed with a warrant, searched her house and seized two ounces of marijuana, $300 and drug paraphernalia. Gibbs was charged with third-degree criminal sale of marijuana, a felony, and two misdemeanors: criminal possession of marijuana and endangering the welfare of a child [...] The investigation also resulted in the arrest of a 15-year-old boy, who was charged with unlawfully growing marijuana")

Ms. Gibbs somehow obtained a job as a Tri-City Ambulette driver after that, and was fatally run over by a dump truck this year:

2000 Harley Davidson Motorcycle operated by JACALYN F. GIBBS, of Clifton Park, had been struck by a 2000 Kenworth dump truck. Investigation showed that Gibbs had maneuvered her motorcycle into the “No Zone” at the front of the dump truck while traffic was stopped for a red signal at the intersection. The operator of the truck did not see GIBBS maneuver her motorcycle into the space in front of his truck. As the light turned green and the truck operator started forward he was unable to observe the motorcycle. The Motorcycle and operator were struck and pushed down the highway a short distance before the driver brought his truck to a stop.

Efforts to resuscitate GIBBS were unsuccessful, and she succumbed to her injuries at the scene.
"Motorcycle dumptruck fatal accident in Halfmoon.” New York State Police Newsroom. June 18, 2012. https://www.nyspnews.com/article_display.cfm?article_id=25881 . Accessed: 2012-09-30. (Archived by WebCite® at http://www.webcitation.org/6B4NpQpHT )

Jacalyn F. (Perkins) Gibbs. Albany Times Union. June 2012. http://www.legacy.com/obituaries/timesunion-albany/obituary.aspx?page=lifestory&pid=158122070#fbLoggedOut (“Jacalyn was employed as a bus driver, most recently for Tri City Ambulette in Menands”)

Baker
Gardinier, Bob. "Bus driver rehired after failing drug test." Albany Times Union. August 23, 1996: B4.http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=5827766 (“A bus driver who tested positive for drug use near the end of the 1995 school year and was fired has returned to her position at Shenendehowa schools [...] District and union officials have refused to identify the woman on the grounds that she was not charged with any crime, terming the issue was an internal personnel matter. [...] school officials feel confident after talking to the driver that any alleged drug use was an isolated incident and not an ongoing problem”

Gardinier, Bob. "School bus driver quits after positive drug test." Albany Times Union. June 12, 1997: B7.http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=5868519 (“The Shenendehowa district school bus driver who tested positive for drug use two years ago has resigned after testing positive a second time in a federally mandated random drug test. The district confirmed Wednesday that the female bus driver, who lost her job two years ago after a positive test but was reinstated last year after filing a grievance, tested positive again in the past two weeks, said David Burpee, the school's director of staff services. The driver resigned rather than be terminated by the district's transportation department, which employs about 250 people. […] District officials released the woman's name but would not say what drug showed up in the test or how long she had worked for the district. The Times Union is withholding the her name because she faces no criminal charges. She could not be reached for comment. […] The driver first showed positive for drugs when testing for bus operators was begun in the 9,000-student school district in early 1995, following the passage of federal legislation mandating such tests. At that time the district immediately dismissed the driver, but she filed a grievance through the Civil Service Employees Association arguing that federal and state regulations did not mandate dismissal after a positive test. A year ago an arbitrator ruled that the dismissal was too drastic and that the driver should have been given other options, such as counseling and probation. […] The district successfully changed a clause in the new CSEA contract passed recently allowing officials to suspend without pay or discharge an employee with less then two written warnings concerning positive results for drug or alcohol use, according to district documents.”)

Lisi, Michael. "Shen bus driver fails drug test, resigns." Daily Gazette [Schenectady, NY]. June 12, 1997: B1. http://news.google.com/newspapers?nid=1957&dat=19970612&id=fWBGAAAAIBAJ&sjid=_-cMAAAAIBAJ&pg=4761,2755974 ("Driver Sherry Baker left her job June 5 after results from a random drug screening last month showed traces of drugs, sources close to the district said [...] a language change in the district's new CSEA pact now allows administrators to fire bus drivers who fail just one drug or alcohol test.")

Radliff

O'Brien, Tim. "Shen bus driver facing charges; Police say man drive under influence of drugs; district plans review." Albany Times Union. September 24, 2010: D4. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=12153517 (“A bus driver from the Shenendehowa school district is charged with driving under the influence of drugs. Driver Timothy Radliff, 58, of Mechanicville was stopped at the corner of Albany Shaker Road and Wolf Road at noon Thursday, just after picking up three Shenendehowa students enrolled in the [Boards of Cooperative Educational Services] BOCES New Visions program at the Times Union [...] Radliff claimed he was on prescription medication but could not produce any proof”)

The U.S. Department of Education's Office of Civil Rights had informed me they'd written Mr. Philip quite some time ago. The 20 days they'd given the University at Albany to respond would have expired on or around Thursday, October 11, 2012. OCR had written me, "We will keep you abreast of any developments." I have yet to be contacted about any development, which would seemingly indicate there's been none and that the University at Albany chose not to respond within the required 20 days, unless they did and OCR has chosen not to keep me abreast of any developments.

I'd reported Michael William Barberich's academic dishonesty and sexual harassment to Jeanette Altarriba beginning in October 2011 and repeatedly thereafter through the entire course of the Fall 2011 semester both in person and in writing. I'd reported the retaliation of Mr. Barberich and Ms. Altarriba to the Bethlehem Police, the University at Albany Police, Mr. McNeill, etc. The Bethlehem Police, as I understand it, don't have jurisdiction; their behavior was nothing but professional and considerate. Parties at the University at Albany that are involved have been obstructing the judicial process for quite a long time now.

Since Mr. Philip et al. do not appear to be employees of the State of New York, I believe the State of New York would be under no obligation to defend their malicious criminal actions? I have no wish to sue the State of New York. If the State of New York would be willing to prosecute them, as I believe it must, I would be more than willing to serve as a witness for the State of New York's case.

If you should need additional information or documents in order to issue an Advisory Opinion, please let me know at your soonest convenience by e-mail.

Thank you for any help you can provide,

Christopher K. Philippo

9 Rusfield Dr
Glenmont NY 12077-3235

---

“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok

Begin forwarded message:

From: "Christopher Philippo" <toff@mac.com>
Subject: Re:
Date: October 24, 2012 11:28:37 AM EDT
To: "Freeman, Robert (DOS)" <Robert.Freeman@dos.ny.gov>

Thanks - glad you're still alive and kicking!

Are you denying my "Friday, October 19, 2012 Advisory Opinion request" by failing to even acknowledge it; should I appeal it to Ms. Watson also?

The U.S. Department of Education's Office of Civil Rights did finally tell me, after I'd asked (they'd promised to tell me without my needing to ask them), that UAlbany did respond to OCR's letter and data request. They didn't indicate if it was within the required 20 days, who responded, or what sort of response it was. OCR still hasn't even sent me the letter they sent to UAlbany on my behalf.

Should you need them (I'd think you would) to issue an Advisory Opinion:

• August 3, 2012 4:19 PM e-mail
Clarence L. McNeill to CKP, Philip, Bouchard, Thayer, Murphy, Reilly, Wiley
https://docs.google.com/file/d/0B7Mt-S77wZKfZmY2YzFJNEpmMVU/edit
• August 3, 2012 4:19 PM e-mail header
(UAlbany's Microsoft e-mail stripped it off into a tiny edit window that had to be copied out and pasted)
https://docs.google.com/file/d/0B7Mt-S77wZKfRTN1eGhEcUFTQjg/edit
• August 3, 2012 4:19 PM chrisphilippoC&D.pdf attachment
(subsequently sent registered mail, postmarked August 7, 2012, arriving August 8, 2012)
https://docs.google.com/file/d/0B7Mt-S77wZKfQ3d5dzh3Y0VUSXc/edit

Document referenced in the above:

• December 9, 2011 12:44 PM e-mail
Clarence L. McNeill to CKP and Susan M. Philippo, RN
https://docs.google.com/file/d/0B7Mt-S77wZKfUnYzczZhOF9Ebkk/edit
• December 9, 2011 12:44 PM ChrisPhilippo.doc attachment
https://docs.google.com/file/d/0B7Mt-S77wZKfZC1jTFYwckN4SWs/edit
• December 9, 2011 12:44 PM ChrisPhilippo.doc attachment
converted to PDF (since letterhead otherwise disappears on Google Docs)
https://docs.google.com/file/d/0B7Mt-S77wZKfVmF4Mms5UlFIZXc/edit

Documents referenced in the above:

• December 8, 2011 10:39 AM e-mail
Clarence L. McNeill to CKP
(contained within my December 8, 2011 11:39 AM reply)
https://docs.google.com/file/d/0B7Mt-S77wZKfRGU5X0FDYUFPams/edit

• December 6, 2011 9:51 AM e-mail
Clarence L. McNeill to CKP
(later forwarded by Clarence L. McNeill to John M. Murphy July 11, 2012 1:52 PM, and later mailed by Murphy to CKP)
https://docs.google.com/file/d/0B7Mt-S77wZKfcnRtNkhYcnVuS0U/edit

Version of the above retitled, redacted, and amended by Clarence L. McNeill:

• December 7, 2011 9:26 AM e-mail
Clarence L. McNeill to Jeanette Altarriba
(later forwarded by Clarence L. McNeill to John M. Murphy July 11, 2012 1:52 PM, and later mailed by Murphy to CKP)
https://docs.google.com/file/d/0B7Mt-S77wZKfNkhvSGx4TE9OWjQ/edit

Cover letter for the above, as mailed by John M. Murphy to CKP:

• letter dated July 12, 2012
John M. Murphy to CKP
https://docs.google.com/file/d/0B7Mt-S77wZKfZ1I2WERvQ0xWWlk/edit
CPhilippo July 12.docx attachment
https://docs.google.com/file/d/0B7Mt-S77wZKfTkZwamhhWHk1c1k/edit

E-mail notification of the above:

• July 13, 2012 9:50 AM e-mail
John M. Murphy to CKP
https://docs.google.com/file/d/0B7Mt-S77wZKfQ1hPdWpvakxldVE/edit

One of my replies to the December 6, 2011 9:51 AM e-mail:

• December 6, 2011 10:55 AM e-mail
CKP to Clarence L. McNeill
https://docs.google.com/file/d/0B7Mt-S77wZKfUnFXOXREdVFOV1k/edit

The attachment to the above (though I'd given it a different filename):

• October 6, 2011 11:43 AM e-mail
Debbie A. Bourassa to CKP
https://docs.google.com/file/d/0B7Mt-S77wZKfNjFjWlVMcl94ZW8/edit

It's all so terribly wrong. I imagine it going quite badly for me (as overall it's gone quite badly so far). A former UAlbany Athletics Director had written that he'd received death threats when he cut some athletic teams when UAlbany was trying to comply with Title IX:

"Three years ago, the State University of New York at Albany dropped three minor men's sports, added women's sports, capped men's rosters, increased women's rosters and equalized budgets. We found ourselves in court, ridiculed by the local media and ostracized by some alumni. I even received death threats. Ultimately, a five-judge appellate court ruled unanimously that our actions were correct, and the suit against us was "meritless.""
Richards, Milton E. "Short-term pain means long-term gain." The NCAA News: Comment. June 16, 1997.
fs.ncaa.org/Docs/NCAANewsArchive/1997/19970616/comment.html

If Lee A. McElroy (among others) is forced to vacate his office (as he legally and constitutionally should be) for his failure to have sworn and filed an Oath of Office with the NYS Secretary of State, I think I'll probably be getting death threats as well, if not worse. There's already been Barberich with his false police report and McNeill's threats that the armed UPD would "respond accordingly" if I violate his fraudulent, intimidating, illegal and unconstitutional December 9, 2011 "'cease and desist' order."

UAlbany hasn't fixed the Sexual Offender Registry at http://police.albany.edu/SOR2.shtml but the older one at http://police.albany.edu/2ColPage.asp?PageSName=SOR2 now redirects to UPD's main page. It must have happened recently http://webcache.googleusercontent.com/search?q=cache:qKwf93LD3LYJ:police.albany.edu/2ColPage.asp

Christopher K. Philippo

On Oct 24, 2012, at 10:52 AM, "Freeman, Robert (DOS)" <Robert.Freeman@dos.ny.gov> wrote:

The FOIL appeals officer for the Department of State is Susan Watson, General Counsel.

Executive Director

Committee on Open Government

Department of State

One Commerce Plaza

Suite 650

99 Washington Avenue

Albany, NY 12231

Phone: (518)474-2518

Fax: (518)474-1927

Website: http://www.dos.state.ny.gov

The October 19, 2012 Advisory Opinion request and the one made through Muckrock.com was not for a copy of an existing Advisory Opinion - the Committee on Open Government has in effect refused to write one so far. The request is that the Committee on Open Government issue an Advisory Opinion. The Committee on Open Government's obstructionist, delaying tactics are not much appreciated particularly given the unreasonable "four months" that the Committee on Open Government might take to write such an opinion - if it ever will.

"To request an advisory opinion, please submit relevant facts and documents by mail or email. When appropriate, we will forward a copy of your request to the agency involved and invite the agency to submit additional information. Issuance of the advisory opinion will not be delayed pending receipt of information from the agency. Please note that it may take up to four months to receive an advisory opinion." http://www.dos.ny.gov/coog/contact.html