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Pathway to Reformative Change:

Public Safety, Law Enforcement, and the Albany Community

PREPARED BY DR. ALICE GREEN, EXECUTIVE DIRECTOR

Copyright August 2019 Center for Law and Justice Printing by

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Table of Contents

EXECUTIVE SUMMARY ....................................................................................................... 5

INTRODUCTION .................................................................................................................. 7

Albany, Community Policing and Public Safety ........................................................................... 8

City Demographics and Arrests .................................................................................................. 8

PUBLIC SAFETY SURVEY .................................................................................................... 11

Methodology ........................................................................................................................... 11

Results and Findings ................................................................................................................. 12

Survey Questions and Responses ............................................................................................. 12

Qualitative Survey Responses .................................................................................................. 15

Summary Discussion ................................................................................................................ 16

RECOMMENDATIONS ....................................................................................................... 17

END NOTE ........................................................................................................................ 22

REFERENCE NOTES ........................................................................................................... 22

APPENDICES ..................................................................................................................... 23

APPENDIX A: Reproduction of Survey Questionnaire ................................................................ 25

APPENDIX B: Responses to Survey Questions ........................................................................... 26

APPENDIX C: Individual Responses to Qualitative Survey Questions ......................................... 31

APPENDIX D: Graphical representation of responses by race (Black, Latinx, White only) .......... 36

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EXECUTIVE SUMMARY

Formorethantwodecades,theCenterforLawandJustice(Center)haswrittenandpublishedmanyresearch reports that examine issues around race, ethnicity, and the criminal justice system. The firstwaspublishedin1998andtitled,ToProtectandServe?A Status Report on the Relationship Between the Community and the Albany Police Department. The current document follows four of the most recent reports by theCenter.ThreeofthemdocumentthedisparateeffectsofthecriminaljusticesystemonpeopleofcolorintheCapitalRegion.Tworeportsdescribehowlocalminoritiesarearrested,detained,convictedandincarceratedinproportionsfargreaterthantheirrepresentationinthegeneralpopulation.Athirdreportdepictstheimpactofthe“warondrugs”inAlbany,resultinginthesentencingofscoresofAlbany’syoungAfricanAmericanmentomorethan600yearsinprisonfornon-violentoffenses.Thefourthreport,titled,Pathway to Change: African Americans and Community Policing in Albany,examinestherelationshipbetweentheAlbanyPoliceDepartment(APD)andAfricanAmericansinAlbanyin2012.ThosereportscanbeexaminedontheCenter’swebsite(www.cflj.org). This current report looks specifically at the relationship between lawenforcement andAlbany cityresidentsandtheirperceptionofandfeelingsaboutpublicsafetyinthespringof2019. Over300cityresidentsrespondedtoaquestionnairethatsolicitedtheiropinionsandthoughtsonpublicsafetyand lawenforcement.Someweredisqualified fornot reportingazipcode.TheCenterused256participantresponsesinthefinaldataanalysisforthisreport.

Our survey data report four major findings:

1. ManyblackandbrownresidentsreportstrongfeelingsofmistrustoftheAlbanyPoliceDepartment.

2. Many of these same residents report strong feelings of mistrust of the Albany County DistrictAttorney’sOffice.MostparticipantsstronglydisagreethattheDistrictAttorney’sOfficehandlescasesinafairmanner.

3. FewerresidentsthananticipatedknowoftheLawEnforcementAssistedDiversion(LEAD)programAlbanyimplementedinApril2016.Over50percentofsurveyparticipantsexpressedlackofknowledgeabouttheLEADprogram.Somedoubttheprogram’sabilitytosignificantlyimpactmassincarcerationandracialdisparityinlawenforcement.

4. Severalthemeswerealsoreportedonthequalitativepartofthesurveywhererespondentswereaskedtomentionanylocaleventthathadaninfluenceonhowtheyfeltaboutlawenforcementand/orpublicsafety.Threeofthemajorthemesmentionedinorderofrecurrencewerepolicemisconduct,racism,andpoliceconduct inboththeFirstStreet1 policeabusecaseandthepoliceshootingofEllazarWilliams.2

TheCentercautionsreaderstonotusethesefindingsasageneralperceptionofAlbany’stotalpopulation,butinsted,viewitasasamplingofthoughtsandfeelings.Hopefully,thisinitialsurveywillleadtomoreformalandexpandedresearcheffortswhichcanyieldmoredataandprovidegreaterdetailontheissuestheCenterpresents in this preliminary report. But, the findings do suggest that local government officials should beconcernedaboutthereportedresponsesandusethemtomorecloselyexamineresidentfeelingsandopinionsandtoworkwithcommunityresidentsandgroupstofindsolutionstoreportedproblems.Whilecommunitydialoguesarepositive,theyarenotenoughtobringaboutpower-sharingandtransformativechange.

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To begin the process of transformative change, a philosophical and practical process dedicated torevolutionarychange,theCenterforLawandJusticeoffersseveralrecommendations.Theyarebasedonourbeliefthatstructuralracismisatthecoreofourcommunityinstitutionsandoursocial,economic,andlegislativepolicies,andwemustcometounderstandhowitismanifested,acknowledgeitspresenceanddestructiveforce,andcommitourselvestodestroyingit.Webelievethetaskwillbeextremelydifficult,forweshareracismexpert,RobinDiangelo’sperspectivethatracismandwhitesupremacyhavebecomethenormandnotanaberrationasmanysuggest.

Our recommendations include theneed tofindways forour lawenforcementagenciesandcriminaljusticesystemtoexamine its internaloperations to identify thepresenceof systemic racismand learnwaystoaddress it.Otherrecommendationsaremadeonhowtobeginthatprocess. Somepointtotheneedforimmediatechanges thatwouldrequiremoretransparencyandclarificationofpolicies intheAlbanyCountyDistrictAttorney’sOffice,updatingand releasing theAlbanyPoliceDepartment’s racialprofilingpolicy, stateinvestigationsofallpoliceshootingsandchangeincivilservicelawSection50-Atoallowthepublictoseeuseofforcerecordsofpoliceofficers,andtherequirementthattheheadsofourlawenforcementagenciesprepareandreleaseannualreportsoftheiroperations,asdonebythechiefofpoliceoftheUniversityofAlbanyPoliceDepartment.3

Readersshouldnotviewthisreportasacondemnationofanyindividualsororganizations.TheCenterconductedasurveytogivecommunitymembersanopportunitytovoicetheirfeelingsandopinionsthroughcivicengagement.Readersshouldembracethefindingsasanopportunitytouniteourcommunityinasearchforandimplementationoftransformativechangesthatwillstrengthencommunity/lawenforcementrelations,improvepublicsafety,promoterespectforallourresidents,andreducestructuralracism.Thisisourhope.

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INTRODUCTION

TheCenterforLawandJustice,Inc.(Center)isacommunity-basedgrassrootsoperationdedicatedtostructuralchangeinourcriminaljusticesystemthatisdevotedtohumane,fair,andequitabletreatmentof all people engaged in the system. The Center supports underserved andmarginalized people, andoppressedandvulnerablecommunitiesthroughadvocacy,education,client-basedservices,andcommunityorganizingforempowerment.TheCenterprovidesservicestoassistincommunityre-entryforresidentsformerlyincarcerated.Itoperatesontheprinciplethatsocialjusticedemandstransformativechangeinourcriminaljusticesystem,whichdisproportionatelyincarceratesthepoorandpeopleofcolor.Asapathwaytochange,theCentercontinuestoworktoreducestructuralracism,eradicateracialdisparitiesinarrests,andeliminatemassincarceration. In2020, theCenter for Lawand Justicewill celebrate its35thyear inoperation.And, since itsfounding, ithasbeenat the forefrontofmostmajor criminal justice issuesof concern to residentsofNewYorkStateandtheCapitalRegion inparticular.Extremelytroubledbythehistorical racial,ethnic,and economic disparities that exist throughout the criminal justice system, the Center has, and withvigor,consistentlyadvocatedfortherightsofthepoorandpeopleofcolorwhileworkingcloselywithkeyplayersinlocalandstatecriminaljusticesystems.Ithelpeddeveloppolicingandtrainingpolicies,crimepreventionprogramsandstrategies,andlegalrights,advocacy,andeducationprogramsforcommunityschools and organizations. In addition, it hasworked to reduce sentencing disparities and promotedsoundprobation,parole,judicial,andsentencingpolicies.Theorganizationhasbeenaleaderineffortstoempowerindividuals,familiesandcommunitiesadverselyaffectedbyincarceration.

Much of the Center’s work has been devoted tomonitoring policing policies, operations, andpracticesandtheAlbanyPoliceDepartment’s(APD)fluidrelationshipwiththecommunity.Overtime,theCenterhasworkedcloselywithAPDtobringpositivechangetoitsrelationshipwiththecommunity.TheculminationofthatcollaborativeendeavorwastheadoptionofcommunitypolicingasabasicphilosophicalapproachtocarryingoutAPD’spublicsafetymandate.ThatapproachledratherquicklytotheadoptionandimplementationoftheLawEnforcementAssistedDiversion(LEAD)programwhichhasbeeninoperationforoverthreeyears.Ithasallowedthecommunityandpolicetoworkcollaborativelyindivertingpeoplefromarrestandincarcerationtotreatmentandotherhumanservices.Todate,closeto200peoplehavebeendiverted. Itisnoteworthythatmanyotherpositivechangeshavebeenmadeinlawenforcementpolicies,policing practices, and the relationship between police and community residents. Recently, however,manycommunityresidentshaveopenlyvoiceddissatisfactionwiththestateoflawenforcement,publicsafety,andtheirown limitedrole insecuringpublicsafety,due in largemeasuretoseveralregrettablepoliceactions. Concernedovergrowingtensionbetweenlawenforcementandcommunities,GovernorAndrewM.CuomoinapressreleaseonApril1,2019stated:

Recognizing that positive relationships between the police and their communities are crucial to creating a safer New York, the FY 2020 Enacted Budget includes reforms to use-of-force policies and reporting. Specifically, this legislation will now require that law enforcement agencies have a use-of-force policy with minimum standards, implemented and report all use-of-force incidents, particularly those incidents resulting in death or serious injury.

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These measures will ensure that New York’s police and peace officers maintain the utmost standards of professionalism and increase public trust in law enforcement [emphasis added].4

Many state legislators joined in support of the Governor’s position and voiced their own concerns,pointingoutthesignificanceofpublictrustandthepositiveroleitcanplayinpromotingpublicsafety.

Albany, Community Policing and Public Safety Acoretenetofcriminal justicereformisthe ideaofpublicsafety,or lackthereof.Specifically,effectivepublicsafety isthoughttonecessitateatrustingrelationshipbetween lawenforcementandcommunityresidents.OfgrowingimportanceincitieslikeAlbanyisthepracticeofcommunitypolicing,whichthecitysolidlyembraced10yearsago.Underthecity’sapproach,policeofficersweretrainedincommunitypolicingpracticesandassignedspecificgeographiclocationstoservelong-termtohelpthemlearn about specific social needsof their assignedneighborhood andhow they couldbe addressed.Policeofficersbecamemeaningfullyandthoughtfullyengagedinacooperativeway,workingtogethertoidentifycommunityproblemsandexploringsolutionsthoughttopromoteandmaintainthehealthof the community. Engagingand integratingofficers into the community allowed them toeffectivelyidentifythemostpressingconcernsinthecommunity.Itallowedthemtoaccuratelyidentifymanyofthecommunityresourcesthatcouldbeusedtoreducecrimeinthecityaswell. The city’s community policing strategy led to the development and implementation of thecollaborative approach topublic safety knownas LEAD (LawEnforcementAssistedDiversion). Sevengovernment,business,andcommunity-basedorganizationsjoinedtogethertolaunchLEADinApril2016.Thisharm-reductiondiversionprogram’sstatedmissionistoreducefuturecriminalbehaviorrelatedtomentalillness,druginvolvement,chronichomelessness,andotherhealthandwellnessissuesinAlbany’sneighborhoods.TheCenterpartnerswithLEADtoeducatethecommunityabouttheprogramandtodooutreach,ensuringcommunityinputandLEADaccountability.

*fromFBIUniformCrimeReport2017**Hispanicsnotrecordedseperately

Accordingtothe2010Census,theCityofAlbanyhadatotalpopulationof98,251,with54,039listedaswhite, 28,493asblack, 9,825asHispanic, and4,193asother. The city’s policedepartmentemployedatotalof339swornofficers:295werewhite,33wereblack,sevenwereHispanic,fourwereother.

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identify the most pressing concerns in the community. It allowed them to accurately identify

many of the community resources that could be used to reduce crime in the city as well.

The city’s community policing strategy led to the development and implementation of

the collaborative approach to public safety known as LEAD (Law Enforcement Assisted

Diversion). Seven government, business, and community-based organizations joined together

to launch LEAD in April 2016. This harm-reduction diversion program’s stated mission is to

reduce future criminal behavior related to mental illness, drug involvement, chronic

homelessness, and other health and wellness issues in Albany’s neighborhoods. The Center

partners with LEAD to educate the community about the program and to do outreach, ensuring

community input and LEAD accountability.

City Demographics and Arrests

CITY OF ALBANY 2010 POPULATION BY RACE/ETHNICITY

RACE/ETHNICITY POPULATION PERCENTAGE OF POPULATION 2017 ARRESTS BLACK 28,493 29% 1140WHITE 54,039 55% 471HISPANIC 9,825 10% OTHER 4,913 6% 13POPULATION TOTAL 98,251 1624

According to the 2010 Census, the City of Albany had a total population of 98,251, with

54,039 listed as white, 28,493 as black, 9,825 as Hispanic, and 4,193 as other. The city’s police

department employed a total of 332 sworn officers: 295 were white, 33 were black, seven were

Hispanic, four were other, and 325 were non-Hispanic.5

On the Albany County District Attorney’s office website, it states that the office employs

“over 30 assistant district attorneys.” It does not provide information on race or ethnicity for

the District Attorney’s office staff.

In a 2012 report, the Center for Law and Justice highlights that nearly 75 percent of the

arrests in the City of Albany were minorities, although they accounted for less than 59 percent

of Albany’s total population. Minorities were overrepresented among convictions which flowed

from an overrepresentation among arrests. And, in turn, their rate of imprisonment far

exceeded that of whites. Even the most recent LEAD data show blacks are disproportionately

arrested and underrepresented among those diverted from arrests.

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OntheAlbanyCountyDistrictAttorney’sofficewebsite,itstatesthattheofficeemploys“over30assistantdistrictattorneys.”ItdoesnotprovideinformationonraceorethnicityfortheDistrictAttorney’sofficestaff. Ina2012report,theCenterforLawandJusticehighlightsthatnearly75percentofthearrestsintheCityofAlbanywereminorities,althoughtheyaccountedforlessthan59percentofAlbany’stotalpopulation.Minoritieswereoverrepresentedamongconvictionswhichflowedfromanoverrepresentationamongarrests.And,inturn,theirrateofimprisonmentfarexceededthatofwhites.EventhemostrecentLEADdatashowblacksaredisproportionatelyarrestedandunderrepresentedamongthosedivertedfromarrests. TheseimbalancesandlawenforcementactionsconnectedtothemmayhavegivenrisetorecenttensionandcommunitymistrustalreadydeeplyembeddedintoAmerica’shistory. WhiletheheadsoftheAlbanyPoliceDepartmentandtheAlbanyCountyDistrictAttorney’sOfficeareblack,thisalonecannotpromisesolutionstosystemicproblems.However,theirleadership,culturalcompetency,policingskills,andexperiencescouldbequitehelpfulinchangingthesystem.

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PUBLIC SAFETY SURVEY

Tomore clearly understand the sentiment of Albany residents towards public safety and lawenforcementandtoseekeffectivepathwaystosystemicchange, theCenterconductedacommunitysurveythispastspring.SpecificoutcomemeasuresofthestudyweretoidentifygeneralissuesandresidentconcernsaboutlawenforcementandpublicsafetyinAlbany,andtomakeappropriaterecommendationsforchangesto lawenforcementoperations.Anothergoalwastocaptureascreenshotofthegeneralattitudesandfeelingsheldbyresidentsabouttheirrelationship,orlackthereof,withthepolice. Wehypothesizethatcommunityresidentsperceiveadifferenceinhowcertainneighborhoodsarepoliced.WehypothesizethatthereisahighlevelofmistrustbetweentheAlbanycommunity,particularlyAfricanAmericans,theAlbanyPoliceDepartmentandtheAlbanyCountyDistrictAttorney’sOffice.WealsohypothesizethatmanyresidentsarestillnotawareofandknowledgeableabouttheLEADprogram. This report presents the results of that survey, an analysis of the collected data, andrecommendationsforchange.

Methodology

TheCenterforLawandJusticedevelopedaPublicHealthandSafetysurveyinMay2019withideasaboutcommunitypolicinginmind.TheCenteradministeredthesurveyin-personatvariouscommunityevents inAlbany.AnonlineversionofthesurveygeneratedbyTypeformwasalsoavailabletothoseinterested.ThesurveywasdesignedtocapturetheconcernsandfeelingsofAlbanyresidentsregardingtheirpublicsafetyandperceptionsoflawenforcement.QuestionsincludetopicsabouttheworkoftheAlbanyCountyDistrictAttorney,theLEADprogram,andtheAlbanyPoliceDepartment.Aqualitative,open-endedaspectofthesurveyallowedresidentstoprocessandexplainwhytheyfeltacertainwayaboutlawenforcement. TheCenterdesignedthesurveyforCityofAlbanyresidentsonly,anditcaptureddemographicinformationincludingzipcode,agerange,race,andgender.ThosewhoenteredazipcodeoutsideofAlbanywereexcludedfromthefinaldataanalyses.Aftereliminatingnon-Albanyzipcodes,therewasatotalof256surveyparticipants.Ofthese256,therewere13participantswhodidnotentertheirzipcode.Forthepurposeofthisstudy,thoseindividualswereincludedinthefinalanalyses.SincetheCenteradvertisedthesurveyforAlbanyresidentsonly,wewillassumetheseparticipantsarefromanAlbanyzipcode.TheCFLJteamacknowledgesthatthereisameasurableleveloffearamongstAlbanyresidentswithregards to releasingpersonal informationabout themselves to thepublicandperceivedthreatsfromlawenforcement.

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Results and Findings

Ofthe256participants,55.1percentidentifiedasfemaleand43.6percentidentifiedasmale.About44.8percentofparticipantsidentifiedasblack,8.6percentidentifiedasLatinx,and41.0percentidentifiedaswhite.Theagerangesmostrepresentedinthesurveyare25-40(42.2percent),41-60(28.5percent),and61-80(18.4percent).

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Survey Questions and Responses Theresponsestothesurveyquestionsrangedfrom“StronglyAgree”to“StronglyDisagree.”Theresponseswerecompiledbyracetodetermineifanydisparitiesofperceptionexistbetweenblack/LatinxandwhiteAlbanyresidents.Questionsaskedincludetopicsonfeelingsofsafetyintheirneighborhood,efficacyoflawenforcementinprotectingthecommunity,concernsregardingcommunicationbetweenpolice/DistrictAttorney’sOfficeandresidents,andawarenessoftheLEADprogram.Resultswerebrokendownbyresponsesasawholeandbasedonrace.Over50percentofparticipantsexpressedlackofknowledgeabouttheLEADprogram.Ofnote,48percentofparticipants“stronglyagree”whenaskedwhethertheyfeelsafewhenaloneoutsideduringtheday;however,theresponsesvariedmuchmorewhenaskediftheyfeelsafealoneoutsideatnight.About45percentofparticipantsstronglydisagreethattheAlbanyPoliceDepartmenttreatsallpeoplewithrespect,andthattheAlbanyPoliceDepartmentdevelopspositiverelationshipswithallcommunitymembers.AdisproportionatenumberofblackcomparedtowhiteparticipantsdisagreethattheDistrictAttorney’sOfficeistrustworthy,handlescasesinafairmanner,andthattheymakeiteasyforcommunitymemberstoprovideinput.(SeeAppendixBforcompletesurveyquestionsandresponses.)

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Qualitative Survey Responses

Thequalitativeportionofthesurveyaskedrespondentsto“describeanyspecificeventsthatledyou to feel thewayyoudoabout theAlbanyPoliceDepartmentandabout theAlbanyCountyDistrictAttorney’sOffice.”

Forpurposesofanalyzingthequalitativesurveydata,theparticipantsexpressingagiventhememaybedouble-countediftheyprovidedmultipleevents.Also,policebrutalityinthecontextofthisanalysisisdefinedasphysicalviolence,threatofphysicalviolence,oractionsofthepolicethatdirectlyunderminetheimmediatesafetyoftheparticipant.Policemisconductincludesactionsbylawenforcementsuchasverbal abuse, damage to personal property, psychologicalmanipulation, stop-and-frisk, and perceiveddiscriminationonthebasisofrace,gender,classandage.Duetotheprevalenceofspecificincidents(e.g.FirstStreet,DontayIvy, EllazarWilliams)asarecurrentthemeinthissurvey,theyweregivenseparatecategoriesapartfromthoseofpolicemisconductandpolicebrutality.

Topics identified via the open-ended portion of the survey include police misconduct, youthperceptions,and labelingcommunityresidentsas“gangs.”Anadditional themecommontothosewhotook the survey includemistrust and feelings of ineffectiveness of District AttorneyDavid Soares. ThecaseofEllazarWilliamsalsoresonatedwithmanyinthecommunity,whodescribedhisshootingbythepoliceasunjustandhowthiscontributestothelackoftrustresidentshaveforlawenforcement.SpecificcommentsabouttheDistrictAttorney’sOfficeincludefeelingsofinabilitytovoicecommunityconcerns,racial profiling, and thehandingofWilliams’ case.A common themeamongst thosewhoexpressedadesireforchangeinleadershipsuggestdispatchingmoreblackpolice.

Othersdetailedspecificinteractionsinvolvingphysicalviolencethattheyortheirfamilymembershavehadwiththepolice.Manyresidentsattributethe ineffectivenessofpolicingeffortstoracismandlegalizeddiscrimination against theAfricanAmerican community.Many residents feel that due to thispowerdifferential,theyaredefenselessagainstunjustactionsbythepolice.

Someexpressedfeelingsoftrustforthepoliceanditsleadershipaswell.Somenotedthattheyfeltthepolicearerespectfulandserveasadvocatesforresidentsbyorganizingcommunityeventsandpublicprograms.

“It’s impossible to get through to share input or concerns with the DA’s Office, in my experience. The attor-neys and staff can regularly be heard using disparaging language based in race, gender, and sexuality, and despite having the LEAD program and a county commitment to diversion and restorative action I don’t feel able to trust that this program will be utilized when appropriate based on how I hear the staff talk about people. I hope that the perception doesn’t belie the actual action, but there’s just no way to be sure.”

“The DA office has been reluctant to speak to the rationale for decisions made this is problematic. We need a new DA.”

“Need more black police.”

“If lead was targeting citizens it was created for would be more effective. We don’t see that now.”

“As a black man, I am not safe or protected during the day or night.”

Results from the open-ended portion of the survey

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“I work in human services in Albany and have experienced a wide range of behavior from APD when assisting my clients -- some of the officers are really wonderful no matter what type of client I bring to them. Others have run the gamut from trying to bar sexual assault clients from having their advocate present during the initial contact to using slurs against LGBTQ people.”

“I have heard anecdotal stories of how the police officers have utilized the LEAD program to refer a person who stole food from a grocery store to connect the person to food pantry or feeding programs”

“You see the police in the news acting out against individuals of my race when they were not doing an-ything wrong. That’s not far from where I live, that could be MY child, MY son in a few years. I fear my colored children growing up being judged for the color of their skin.”

“They don’t care about justice just want to lock black people up.”

Themes Identified from Qualitative Part of Survey, in Order of Recurrence.

COMMON THEMES:

1. Police Misconduct2. Racism3. First Street4. Ellazar Williams5. Change in Leadership / District Attorney’s Office6. Police Brutality7. Strong Leadership by APD8. Dontay Ivy / LEAD Program / Youth Perception6

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Summary Discussion

Itisimportanttoagainpointoutthatwhiletheabovefindingsaccuratelyreflecttheresponsesofsurveyrespondents,theyhavesignificantlimitationsregardinganygeneralizationsthatmaybemadeaboutthethoughtsandfeelingsofthecity’stotalpopulation.But,theydosuggest,firstthatsystemicracismisthoughttobeatthecoreoflawenforcement/communityrelationshipproblems.And,secondlythatourlocalgovernmentofficialsandcommunitystakeholdersshouldandmustbeconcernedaboutthereportedresponsesandusethemtomorecloselyexamineresidentfeelingsandopinionsandtoworkwiththecommunitytounderstandsystemicracismandfindsolutionstomajorissuesandproblemsofconcern.Whilecommunitydialoguesarepositive,theyarenotenoughtobringaboutpower-sharingandtransformativechange;theyrequirestrongcommunityresolve,compassion,appropriateaction,andindividualreflectiononstructuralracismandhowindividualsmaybecomplicitinitscreation,promotionandmaintenance. Inkeepingwithitslonghistoryofcommitmenttosocialjusticeandpublicsafety,theCenterforLawandJusticebelievesitisappropriateandfittingtomakeanumberofrecommendationsforthecom-munity’sreflectionandinvolvementinworkingfortransformativechangeinourcriminaljusticesystemwhichhasabasicstructuredeemedbymanytobeunequal,racistanddestructiveoffartoomanylives,especiallythepoorandpeopleofcolor.Changecancomeabout.Butfirst,allofusmustbeabletoseewhatstructuralracismlookslike.Ourrecommendationsmustnotbeseenasexhaustive.Thereissomuchmorethatneedstobedonetoaddresstherootcausesofconflictanddespairinourcommunity. Mostimportantly,thisreportshouldnotbeviewedasacondemnationofanyindividualsororganizations.Itshouldbeviewedinapositivelight.Theseresidentresponsesarerealandshouldnotbeignored,butembracedasanopportunitytouniteourcommunityinasearchforandimplementationoftransformativechangesthatwillstrengthencommunity/lawenforcementrelations,improvepublicsafety,promoterespectforallcityresidents,reducestructuralracismandmoveoursocialjusticeagendaforward.Thisisourhope.

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RECOMMENDATIONS

WebelievethereportedsurveyfindingsandtheCenter’sstatedmissionprovideastrongbasisformakingthefollowingrecommendationsforsignificantchangeinlawenforcementpolicies,practicesandoperationsthatmayholdgreatpromiseforpromotingracialequity,socialjustice,andpublicsafetywhilestrengtheningrelationshipswiththecommunity.

1. Leaders Should Embrace Report Findings. Althoughwewelcomequeries and criticalcommentonthisreport,communityandgovernmentleaderscannotaffordtoignoreorcondemnthisreportanditsfindingsoutright.Theirleadershipiscrucialtobringingabouttransformativechange.AfricanAmericanswerebroughttothiscountryandthenquicklyenslavedover400yearsago,yetstillsufferfromtheoppressiveracismdeeplyimbeddedandlargelyignoredordeniedinallourinstitutions,especiallylawenforcement.Theycannolongerarguethattheyhavedoneenough,thatchangeiscoming,orthatourlegalandcriminaljusticesystemsarecolorblind.

2. Structural Racism Has to be Acknowledged.Perhapsourmostimportantrecommendationis that we as a community and nationmust seriously address structural racism. Racism hasinfectedthemakingandimplementationofsocialpolicyandissostronglyanddeeplyimbeddedinour institutionsthatmanycannotrecognizeit.Forexample, inthoserareinstanceswhenapoliceofficer is foundguiltyof abusinghisorherpowerandauthoritybybrutalizing ablackman,ithasbecomecustomaryfordepartmentleaderstoattributetheofficer’smalfeasanceto“onebadapple.”Muchtoooften,thattheoryisembracedtoexonerateanddistancethepolicedepartmentfromtheguiltyofficer.Unfortunately,thatapproachismostlikelytoignorestructuralracism,whichincludestightly-heldstereotypesofblackandbrownpeople,thatmayhavegivenlicensetoindividualofficerstorespondtocertainpeopleinamoreabusiveanduncaringmanner.Racismhasgreatpowertokill,particularlythepoor,themarginalized,andpeopleofcolor.Whileindividualofficersmustbeheldaccountablefortheirracistandabusiveactions,systemicracismmustnolongerbeignoredandallowedtoflourish;itmustberecognized,attackedanddestroyedinallourinstitutions,especiallylawenforcementwhichhasbeengivengreatpowerandauthoritytocontrolanddestroythelivesofanyindividualorgroup.ThatauthorityhasbeengreatlyabusedthroughoutAmerica’shistoryandremainsalegacythatmustbeunderstood,acknowledgedandobliterated.Whileitwillbeadifficultstruggle,itmustbegintobeaddressedimmediately.

3. All State and Local Government Officials and Legislative Bodies Should and Must Take Action. Theyshouldtaketheleadandusetheirauthorityandpowertodeclarestructuralracismacrisisthatcontinuestoresultinwholesaleinequitiesinoursystemsofhealth,education,housing,economics,justice,andhumanservicedelivery.Thiscanbedonethroughactionssuchasexecutiveorders,resolutionsandlegislation.Theleaderspossessthepowertosetthetoneforseriousdialoguestotakeplacethatcouldeducateandinspirecommunityactionsthat,inturn,could,leadtotransformativechangesinallourmajorinstitutions.

4. Law Enforcement Officers Must Be Taught Civil Rights History.Tobeginthestruggleagainststructuralracism,thosewhocontrolandthoseemployedinourcommunityinstitutions,particularly lawenforcement,mustbeeducatedaboutthehistoryofblacks inAmericawithamajorfocusonthehistoryoftherelationshipbetweenblacksandpolice.Thatlearningiscrucialtounderstandingblackangerandmistrustof lawenforcement. Behaviorcannotbechangedwithoutknowledgeofthathistory.

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AsDanielleSerednotesinherseminalbook,“UntilWeReckon”The racially inequitable legacy of policing stretches back to the formation of this nation, and police have not only failed to protect communities of color from, they have enacted, enormous levels of harm. This is not simply, or more importantly, about individual police officers. It is about an institution with a history of enabling and enforcing the worse disparities in our country’s history. It is about officers who returned escaped people to the plantation. It is about officers who publicly announced the times of lynchings to be carried out in the backyards of their own precincts, officers who drove black residents out of neighborhoods where they had bought homes, and officers who continue to arrest, assault, and shoot black people in glaringly disproportionate rates. Any substantial shift in police-community relations will require a direct acknowledgement and grappling with that history.

5. Colleges and Universities Should Develop History of Racism Curricula. Albanyisendowedwithmanycollegesanduniversities.Oneof theways theseacademic institutionscan becomemeaningfully involved is to assist in the development of curricula and teachingsaboutblacksandpolicinghistoryandsystemicimplicitbiasforpoliceandotherlawenforcementagencies.ThecurrentUniversityatAlbanyadministrationhasexpressedgreatinterestinworkingcloselywiththecommunity.Thiscouldbeaperfectopportunityforittocarryoutthatmission.Resourcescouldalsobesoughtfrombusiness,government,andother influentialsegmentsofourcommunities.And,strongcurriculamustbecomeapartoflawenforcementtraining.

6. Must Start the Process of Understanding and Acknowledging Structural Racism. TheAlbanyPoliceDepartmentandtheAlbanyCountyDistrictAttorney’sofficeshouldbegintheprocessoflearningandunderstandingstructuralracismbyhiringanexpertconsultantonracismwhomayalsobeabletohelpboththeirdepartments’understandingofwhytheirofficesremaindisproportionatelywhiteandwhytheymaybehavinggreatdifficultyattractingandmaintainingpeople of color on theirworkforce. Consultants such as Robin Diangelo, have received greatpraiseandbeenfoundtobeextremelyeffectiveinteachingaboutwhiteracismandhowtobeginaddressingtheproblem.Lawenforcementandentirecommunitiesshouldreadanddiscussherwell-receivedbook,“WhiteFragility”.7

7. The Albany Police Department’s Racial Profiling Policy Should be Updated and Released.TheAPD,withcommunityinput,developedaracialprofilingpolicynearly20yearsago, but has steadfastly refused tomake it public. The Center encourages the Albany PoliceDepartmenttocollaboratewithcommunityresidentstoupdateandreleaseitspolicyonracialprofiling.

8. Inclusion of Racial Impact Statements on Law Enforcement Policies. Like fiscalimpact statements, all proposed criminal justice andpolicingpolicies, procedures, operationsandpracticesshouldincluderacialimpactstatements.Theycouldbeusedtoevaluatepotentialdisparitiesbeforechangesareimplemented.Manystatesacrossthecountryhaveadoptedsuchstatements.

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9. ACPAC Should be Reorganized and Empowered. TheAlbanyCommunityPoliceAdvisoryCommittee,whichhasworkedcloselywithmembersofthepolicedepartmentandheldregularcommunity/policingforums,needstobestrengthenedbeginningwithfillingvacantseatsonthecommitteewhosemembersareappointedbyAlbanyCommonCouncilmembers.TheCommonCouncilmustassureallofAlbany’sneighborhoodshaverepresentationonACPACinordertomaximize the successof communitypolicingefforts. A similar reviewof theCitizen’sPoliceReviewBoardtodetermineitseffectivenessandneedforchangeshouldbeundertakenbyacommunitygrouporeducationalbody.

10. Section 50-A of the Civil Service Law Should be Changed. Section50-Ashouldbechangedsothatalluseofforcereportsinvolvingapoliceofficer’suseofaweaponwhileondutyduringtenurewithapolicedepartmentcouldbereleasedtothepublicaswellasdisciplinaryfindingssustaininganydisciplinarychargesagainsttheofficercouldbereleased.

11. All Police Shootings Should be Investigated. AllpoliceshootingsandpoliceactionsthatresultinseriousbodilyinjuryordeathofapolicevictimshouldbeinvestigatedbytheNewYorkStateAttorneyGeneralandaspecialprosecutorassignedinsuchcases.

12. New York State Should Pass Stricter Police Use of Force Legislation. Californiais currently considering passing a bill designed to provide a stricter policy regulating policeuseof force.Thebill,AB392,woulddirectpolice to“usedeadly forceonlywhennecessaryindefenseofhumanlife”and,whenpossible,tousetechniquestode-escalatethesituationbefore shooting. Itdoesnotexplicitlydefinewhatwouldbeconsidered“necessary,” thoughcourtscouldconsidertheactionsofboththeofficerandthesuspectwhendeterminingwhethertheforcewasjustified.Suchlegislationcouldpromotetrustinthepolice.

13. The Albany County District Attorney’s Office Should be More Transparent to the Public.ThepublicshouldbeinformedoftheracialandethnicmakeupoftheAlbanyCountyDistrictAttorney’sofficestaffandotherswhoworkforthedepartment,thenumberandtypesofdiversionsmadeannually,andalltypesofcommunityinvolvementsbytheoffice.

14. The Albany County District Attorney’s Office Should Clearly Define Special Prosecutor Policy. The Albany County District Attorney’s Office raised great communityconcernrecentlyoverconflictingpoliciesdesignatingwhenitismorallyandlegallyresponsibleand appropriate to recuse the Office from a case and/or request a special prosecutor in aparticularcase.

15. Annual Reports by the District Attorney’s Office and Albany Police Department Should Become Public. Both theDA’sofficeand theAPDshouldprepareannual reportstotheirrespectivelegislativebodies.NoteshouldbetakenoftheUniversityatAlbanyPoliceDepartment’sAnnualReportasanexample.

16. LEAD Community Outreach Must be Evaluated and Strengthened. WhiletheAlbanyLEADprogramhassuccessfullydivertedandassistednearly200people,theCenterforLawand

20

JusticehasnotbeenabletoeffectivelyfulfillitscommitmenttoeducatetheAlbanycommunityaboutLEADandpromotecommunity involvement intheLEADprocess. AlthoughtheCenterhasusedmanycommunityoutreachapproaches,APDmustexplorenewevidence-basedones.ItiscrucialthatcommunityresidentslearnmoreaboutLEADsothattheycanprovideinputandfeedbackandorganizetoholdLEADaccountableforcarryingout itsmissionofdiversionandpublicsafety.TheCentermustalsoassistthecommunityinexploringtheslowerthanexpectedpaceofdiversions.Somearguethataftermorethanthreeyears, thereshouldbemorethanthe182actualdiversionscarriedoutasofAugust1,2019.However,LEADandAPDhavenotsecuredadequatefundingtosupportmorecasemanagersandcommunityoutreachworkersorcompletedanoutcomeevaluationofLEAD.

17. LEAD Officials Must Become More Aggressive in Identifying Needed Funding. WhileLEADhascontributedmuchtoourcommunity,itneedsadequateandstablefundingtosupportwell-trainedprogramstaff,outreachworkersandcasemanagersandtocompletealongoverdueoutcomeevaluationofthis importantapproachtodivertingpeoplefromarrestsandintotreatmentandhumanservices.Onlythenwillthepublicknowofitstruepotentialtogreatlyimprovepublicsafetyandreducemassincarcerationandracialdisparityinourcriminaljusticesystem.

END NOTE

Whilethisreporthasfocusedonstructuralracisminlawenforcement,itisimportanttopointoutthatallourmajorinstitutions,includingpolitical,environmental,economic,educational,socialandhealthcaredeliverysystemsandothersareinfectedwiththediseaseofstructuralracism.Wearere-mindedbyRobinDiangelothat“theseinstitutionsaredesignedtoreproduceracialinequalityandtheydosowithefficiency.”Therefore,theseandothersystemsmustlookinwardtounderstand,acknowl-edge,andcommittopromotingequity.Ifwefailtoact,weareallcomplicitinmaintainingandpromot-ingsystemicracismthatproducesmoreofthesame.Thisrealitymustnotbeseenasablackorbrownproblem;itaffectsusallandlimitsourhumanspiritandcapacitytogrowandbewell.

21

REFERENCE NOTES

1 TheFirstStreetincidentreferstoaMarch2019altercationbetweenAlbanypoliceandthreemenataFirstStreetresidence.Policewerecalledbyneighborscomplainingaboutloudmusic.Whenpoliceweredeniedentrytothehouse,apolicebodycamerarecordedanofficerkickinginthedooroftheresidence.Observersreportedtheofficerthendraggingandkickingaman.Abystanderoutsiderecordedacellphonevideoofanotherofficerbeatingamaninthestreet.

2 EllazarWilliamswasshotinthebackbyanAlbanypolicedetectiveinAugust2018whilerunning away.Hewasbeingchasedbypolicerespondingtoareportofamanwithagunataconveniencestore.Williamswasnotfoundwithagun,althoughpolicereportedfindingaknifenearby.AlthoughWilliamswasinitiallychargedwithmenacinganofficerandcriminalpossessionofaweapon,thosechargeswerelaterdropped.AvideorecordingoftheeventandcommunityoutrageledtoagrandjuryconsideringchargesagainsttheofficerwhoshotWilliams.Chargeswerenotfiled,andtheofficerretired.Thedetective’sbulletlodgedinMr.William’sspine,leavingMr.Williamsparalyzedfromthechestdown.

3 https://police.albany.edu/UPDAnnualReport2017.pdf

4 Klopott,Freeman.“GovernorCuomoAnnouncesHighlightsoftheFY2020StateBudget.”NewYorkStateDivisionoftheBudget:HomePage.AccessedJuly24,2019.

https://www.budget.ny.gov/pubs/press/2019/pr-enactfy20.html.

5 “U.S.CensusBureauQuickFacts:AlbanyCity,NewYork.”CensusBureauQuickFacts.AccessedJuly23,2019.

https://www.census.gov/quickfacts/fact/table/albanycitynewyork/PST040218#PST040218.

6 DontayIvywasayoungBlackmaleresidentofArborHillwhodiedin2015afteraconfrontationwithAlbanypolice.Allegedly,IvywaswalkinghomenearLarkandSecondstreetswhenpolicestoppedhimallegedlywithoutprobablecause.Questioningbypoliceledtoaphysicalconfrontation.Unarmedandsufferingfromparanoidschizophrenia,aswellasaheartproblem,Ivywastasered,thenchasedandtackled,resultinginhisdeath.Chargeswerenotbroughtagainsttheofficersinvolved.Asubsequentlegalactionbyhisfamilyallegedpolicenegligence,excessiveforce,andracialprofiling.

7 Diangelo,RobinJ.WhiteFragility:WhyIt’sSoHardforWhitePeopletoTalkaboutRacism.Boston:BeaconPress,2018.151

22 24

APPENDICES

APPENDIX A: Reproduction of Survey Questionnaire

17-2425-4041-6061-8081+ Zip Code:

GenderDemographics The NYS governor’s 2020 budget recognizes "that positive

relationships between the police and their communities are crucial to creating a safer New York" and seeks to increase public trust in NYS’ law enforcement agencies. CFLJ is interested in the views and opinions of community members about trust between local law enforcement and the community, and increased public

Age range Race

a.) the Albany Police Department engages in community policing?

a.) you feel safe in your community when you are outside alone during the day?

Somewhat Agree

Neither Agree nor Disagree

Somewhat Disagree

Strongly Disagree

Don't Know/Refused to

answer

AsianBlackLatinxWhiteOther

MaleFemaleNon-Binary

Somewhat Agree


Somewhat Disagree

Strongly Disagree


answer

Community Policing

2.) Community policing is a partnership between the community and police to identify and solve problems related to public safety. Based on this definition, to what extent do you agree or disagree that:

Strongly Agree

d.) always acts to promote public safety?

Albany DA/Community Relations


answer


answer

Strongly Agree

Somewhat Agree


Somewhat Disagree

Strongly Disagree

Strongly Agree

Somewhat Agree


5.) In general, to what extent do you agree or disagree that the Albany District Attorney (DA):

a.) is trustworthy?

b.) treats ALL people with respect?

c.) develops positive relationships with ALL community members?

d.) makes it easy for ALL community members to provide input (e.g., comments, suggestions, and concerns)?

a.) is trustworthy?

b.) handles cases in a fair manner?

c.) makes it easy for community members to provide input (e.g., comments, suggestions, and concerns)?

b.) you feel safe in your community when you are outside alone at night?

3.) In general, to what extent do you agree or disagree that the Albany Police Department:

b.) the Albany Police Department effectively practices community policing?

Public Health and Safety

1.) Over the past 12 months, to what extent do you agree or disagree that: Strongly Agree

Somewhat Disagree

Strongly Disagree

Please Return to 220 Green St. Albany, NY 12202. 518-427-8361

APPENDICES

25

APPENDIX B: Responses to Survey Questions (1a)Overthepast12months,towhatextentdoyouagreeordisagreethat: you feel safe in your community when you are outside alone during the day?

RACE Strongly agree

Somewhat agree

Neither agree nor disagree

Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0(0%)

0(0%)

0(0%)

0(0%)

0(0%)

0(0%)

0(0%)

Black 50(44.6%)

35(31.3%)

5(4.5%)

11(9.8%)

10(8.9%)

0(0.0%)

1(0.9%)

Latinx 11(50.0%)

6(27.7%)

3(13.6%)

2(9.1%)

0(0.0%)

0(0.0%)

0(0.0%)

White 55(52.4%)

35(33.3%)

4(3.8%)

8(7.6%)

3(2.9%)

0(0.0%)

0(0.0%)

Other 3(37.5%)

3(37.5%)

0(0.0%)

1(12.5%)

1(12.5%)

0(0.0%)

0(0.0%)

Unknown 4(44.4%)

4(44.4%)

0(0.0%)

1(11.1%)

0(0.0%)

0(0.0%)

0(0.0%)

Total 123(48.0%)

83(32.4%)

12(4.7%)

23(9.0%)

14(5.5%)

0(0.0%)

1(0.4%)

a.) the Albany Police Department.

Open-Ended Questions

b.) the LEAD program could be effective at reducing racial disparities in the criminal justice system?

c.) the LEAD program is applied equally to ALL who are eligible?

8.) Using the space below, mention any specific community events that have led you to feel the way you do about:


answer

a.) the LEAD program is one that I could support?

City of Albany LEAD (Law Enforcement Assited Diversion) Program

6.) The LEAD program is a diversion program which allows Albany police officers to divert people from the criminal justice system primarily for issues related to substance use, mental health, and poverty. Are you:

a.) aware of the LEAD program here in Albany, NY?

7.) Based on the definition above, do you agree or disagree that: Neither Agree nor Disagree

Somewhat Disagree

Strongly Disagree

Yes No

Strongly Agree

Somewhat Agree

b.) the Albany District Attorney's Office

23

APPENDIX B: Responses to Survey Questions

(1a) Over the past 12 months, to what extent do you agree or disagree that: you feel safe in your community when you are outside alone during the day?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 50 (44.6%)

35 (31.3%)

5 (4.5%)

11 (9.8%)

10 (8.9%)

0 (0.0%)

1 (0.9%)

Latinx 11 (50.0%)

6 (27.7%)

3 (13.6%)

2 (9.1%)

0 (0.0%)

0 (0.0%)

0 (0.0%)

White 55 (52.4%)

35 (33.3%)

4 (3.8%)

8 (7.6%)

3 (2.9%)

0 (0.0%)

0 (0.0%)

Other 3 (37.5%)

3 (37.5%)

0 (0.0%)

1 (12.5%)

1 (12.5%)

0 (0.0%)

0 (0.0%)

Unknown 4 (44.4%)

4 (44.4%)

0 (0.0%)

1 (11.1%)

0 (0.0%)

0 (0.0%)

0 (0.0%)

Total 123 (48.0%)

83 (32.4%)

12 (4.7%)

23 (9.0%)

14 (5.5%)

0 (0.0%)

1 (0.4%)

(1b) Over the past 23 months, to what extent do you agree or disagree that: you feel safe in your

community when you are outside alone at night?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 36 (32.1%)

28 (25.0%)

3 (2.7%)

21 (18.8%)

21 (18.8%)

0 (0.0%)

3 (2.7%)

Latinx 5 (22.7%)

8 (36.4%)

1 (4.5%)

4 (18.2%)

4 (18.2%)

0 (0.0%)

0 (0.0%)

White 18 (17.1%)

46 (43.8%)

5 (4.8%)

25 (23.8%)

11 (10.5%)

0 (0.0%)

0 (0.0%)

Other 1 (12.5%)

4 (50.0%)

0 (0.0%)

1 (12.5%)

2 (0.25%)

0 (0.0%)

0 (0.0%)

Unknown 3 (33.3%)

5 (55.6%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Total 63 (24.6%)

91 (35.6%)

9 (3.5%)

52 (20.3%)

38 (14.8%)

0 (0.0%)

3 (1.2%)

12

24

(2a) Community policing is a partnership between the community and police to identify and solve problems related to public safety. To what extent do you agree/disagree that: the Albany Police Department engages in community policing?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 5 (4.5%)

26 (23.2%)

9 (8.0%)

19 (17.0%)

49 (43.8%)

2 (1.8%)

2 (1.8%)

Latinx 2 (9.1%)

4 (18.2%)

4 (18.2%)

7 (31.8%)

5 (22.7%)

0 (0.0%)

0 (0%)

White 21 (20.0%)

37 (35.2%)

12 (11.4%)

18 (17.1%)

7 (6.7%)

9 (8.6%)

0 (0%)

Other 1 (12.5)

1 (12.5%)

2 (0.25%)

1 (12.5%)

2 (25%)

1 (12.5%)

0 (0%)

Unknown 2 (22.2%)

1 (11.1%)

1 (11.1%)

2 (22.2%)

2 (22.2%)

1 (11.1%)

0 (0%)

Total 31 (12.1%)

69 (27.0%)

29 (11.3%)

47 (18.4%)

65 (25.4%)

13 (5.1%)

2 (0.8%)

(2b) Community policing is a partnership between the community and police to identify and solve

problems related to public safety. To what extent do you agree/disagree that: the Albany Police

Department effectively practices community policing?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 3 (2.7%)

17 (15.2%)

8 (7.1%)

18 (16.1%)

52 (46.4%)

2 (1.8%)

12 (10.7%)

Latinx 3 (13.6%)

1 (4.5%)

3 (13.6%)

6 (27.3%)

9 (40.9%)

0 (0.0%)

0 (0.0%)

White 16 (15.2%)

27 (25.7%)

19 (18.1%)

21 (20.0%)

11 (10.5%)

8 (7.6%)

3 (2.9%)

Other 1 (12.5%)

2 (25%)

2 (25.0%)

0 (0.0%)

1 (12.5%)

2 (0.25%)

0 (0.0%)

Unknown 0 (0.0%)

2 (22.2%)

1 (11.1%)

1 (11.1%)

3 33.3%)

0 (0.0%)

2 (22.2%)

Total 23 (9.0%)

49 (19.1%)

33 (12.9%)

46 (18.0%)

76 (29.7%)

12 (4.7%)

17 (6.6%)

25

(3a) In general, to what extent do you agree/disagree that the Albany Police Department: is

trustworthy?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 4 (3.6%)

13 (11.6%)

12 (10.7%)

17 (15.2%)

63 (56.3%)

1 (0.8%)

2 (1.8%)

Latinx 3 (13.6%)

3 (13.6%)

2 (9.1%)

2 (9.1%)

12 (54.5%)

0 (0.0%)

0 (0.0%)

White 22 (21.0%)

34 (32.4%)

13 (12.4%)

18 (17.1%)

15 (14.3%)

3 (2.9%)

0 (0.0%)

Other 1 (12.5%)

1 (12.5%)

1 (12.5%)

2 (25%)

3 (37.5%)

0 (0.0%)

0 (0.0%)

Unknown 2 (22.2%)

0 (0.0%)

1 (11.1%)

2 (22.2%)

3 (33.3%)

0 (0.0%)

1 (11.1%)

Total 32 (12.5%)

51 (19.9%)

29 (11.3%)

41 (16.0%)

6 (37.5%)

4 (1.6%)

3 (1.2%)

(3b) In general, to what extent do you agree/disagree that the Albany Police Department: treats ALL

people with respect?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 2 (1.8%)

10 (8.9%)

4 (3.6%)

21 (18.8%)

71 (63.4%)

2 (1.8%)

2 (1.8%)

Latinx 3 (13.6%)

2 (9.1%)

1 (4.5%)

2 (9.1%)

14 (63.6%)

0 (0.0%)

0 (0.0%)

White 16 (15.2%)

22 (21.0%)

11 (10.5%)

27 (25.7%)

23 (21.9%)

5 (4.8%)

1 (1.0%)

Other 0 (0.0%)

1 (12.5%)

2 (25.0%)

1 (12.5%)

3 (37.5%)

1 (12.5%)

0 (0.0%)

Unknown 2 (22.2%)

0 (0.0%)

0 (0.0%)

4 (44.4%)

3 (33.3%)

0 (0.0%)

0 (0.0%)

Total 23 (9.0%)

35 (13.7%)

18 (7.0%)

55 (21.5%)

114 (44.5%)

8 (3.1%)

3 (1.2%)

26

(3c) In general, to what extent do you agree/disagree that the Albany Police Department: develops

positive relationships with ALL community members?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 2 (1.8%)

10 (8.9%)

7 (6.3%)

24 (21.4%)

64 (57.1%)

2 (1.8%)

3 (2.7%)

Latinx 2 (9.1%)

2 (9.1%)

0 (0.0%)

12 (54.5%)

12 (54.5%)

1 (4.5%)

0 (0.0%)

White 15 (14.3%)

22 (21.0%)

12 (11.4%)

32 (30.5%)

20 (19.0%)

3 (2.9%)

1 (1.0%)

Other 0 (0.0%)

1 (12.5%)

0 (0.0%)

3 (37.5%)

4 (50%)

0 (0.0%)

0 (0.0%)

Unknown 2 (22.2%)

0 (0.0%)

1 (11.1%)

2 (22.2%)

4 (44.4%)

0 (0.0%)

0 (0.0%)

Total 21 (8.2%)

35 (13.7%)

20 (7.8%)

66 (25.8%)

104 (40.6%)

6 (2.3%)

4 (1.6%)

(3d) In general, to what extent do you agree/disagree that the Albany Police Department: makes it easy

for ALL community members to provide input (e.g., comments, suggestions, and concerns)?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 2 (1.8%)

16 (14.3%)

10 (8.9%)

26 (23.2%)

52 (46.4%)

3 (2.7%)

3 (2.7%)

Latinx 1 (4.5%)

5 (22.7%)

2 (9.1%)

1 (4.5%)

11 (50.0%)

2 (9.1%)

0 (0.0%)

White 19 (18.1%)

22 (21.0%)

19 (18.1%)

21 (20.0%)

18 (17.1%)

4 (3.8%)

2 (1.9%)

Other 1 (12.5%)

1 (12.5%)

1 (12.5%)

2 (25.0%)

3 (37.5%)

0 (0.0%)

0 (0.0%)

Unknown 2 (22.2%)

1 (11.1%)

1 (11.1%)

1 (11.1%)

4 (44.4%)

0 (0.0%)

0 (0.0%)

Total 25 (9.8%)

45 (17.6%)

33 (12.9%)

51 (19.9%)

88 (34.4%)

9 (3.5%)

5 (2.0%)

27

(5a) In general, to what extent do you agree/disagree that the Albany County District Attorney's Office: is trustworthy?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 2 (1.8%)

18 (16.1%)

11 (9.8%)

15 (13.4%)

57 (50.9%)

8 (7.1%)

1 (0.9%)

Latinx 0 (0.0%)

2 (9.1%)

6 (27.3%)

6 (27.3%)

2 (9.1%)

6 (27.3%)

0 (0.0%)

White 12 (11.4%)

34 (32.4%)

20 (19.0%)

12 (27.3%)

14 (13.3%)

13 (12.4%)

0 (0.0%)

Other 0 (0.0%)

0 (0.0%)

4 (50.0%)

1 (12/5%)

2 (25.0%)

1 (12.5%)

0 (0.0%)

Unknown 2 (22.2%)

1 (11.1%)

1 (11.1%)

1 (22.2%)

2 (22.2%)

1 (11.1%)

0 (0.0%)

Total 16 (6.3%)

55 (21.5%)

42 (16.4%)

36 (14.1%)

77 (30.1%)

29 (11.3%)

1 (0.4%)

(5b) In general, to what extent do you agree/disagree that the Albany County District Attorney's Office:

handles cases in a fair manner?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 4 (3.6%)

12 (10.7%)

14 (12.5%)

18 (16.1%)

50 (44.6%)

11 (9.8%)

3 (2.7%)

Latinx 1 (4.5%)

1 (4.5%)

4 (18.2%)

2 (9.1%)

8 (36.4%)

6 (27.3%)

0 (0.0%)

White 9 (8.6%)

29 (27.6%)

22 (21.0%)

18 (17.1%)

11 (10.5%)

14 (13.3%)

2 (1.9%)

Other 0 (0.0%)

1 (12.5%)

2 (25.0%)

1 (12.5%)

2 (25.0%)

2 (25.0%)

0 (0.0%)

Unknown 1 (11.1%)

1 (11.1%)

2 (22.2%)

1 (11.1%)

0 (0.0%)

2 (22.2%)

2 (22.2%)

Total 15 (5.9%)

44 (17.2%)

44 (17.2%)

40 (15.6%)

71 (27.7%)

35 (13.7%)

7 (2.7%)

28

(5c) In general, to what extent do you agree/disagree that the Albany County District Attorney's Office:

makes it easy for community members to provide input (e.g., comments, suggestions, and concerns)?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 4 (3.6%)

6 (5.4%)

12 (10.7%)

22 (19.6%)

45 (40.2%)

20 (17.9%)

3 (2.7%)

Latinx 1 (4.5%)

1 (4.5%)

4 (18.2%)

2 (9.1%)

7 (31.8%)

7 (31.8%)

0 (0.0%)

White 9 (8.6%)

15 (14.3%)

30 (28.6%)

16 (15.2%)

19 (18.1%)

14 (13.3%)

2 (1.9%)

Other 0 (0.0%)

0 (0.0%)

4 (50.0%)

1 (12.5%)

2 (25.0%)

1 (12.5%)

0 (0.0%)

Unknown 1 (11.1%)

2 (22.2%)

1 (11.1%)

1 (11.1%)

1 (11.1%)

2 (22.2%)

1 (11.1%)

Total 15 (5.9%)

24 (9.4%)

51 (19.9%)

42 (16.4%)

74 (28.9%)

44 (17.2%)

6 (2.3%)

(5d) In general, to what extent do you agree/disagree that the Albany County District Attorney's Office: always acts to promote public safety?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 5 (4.5%)

10 (8.9%)

15 (13.4%)

14 (12.5%)

37 (33.0%)

26 (23.2%)

5 (4.5%)

Latinx 1 (4.5%)

1 (4.5%)

4 (18.2%)

4 (18.2%)

5 (22.7%)

7 (31.8%)

0 (0.0%)

White 18 (17.1%)

19 (18.1%)

26 (24.8%)

13 (12.4%)

13 (12.4%)

15 (14.3%)

1 (1.0%)

Other 0 (0.0%)

1 (12.5%)

3 (37.5%)

0 (0.0%)

2 (25.0%)

2 (25.0%)

0 (0.0%)

Unknown 1 (11.1%)

2 (22.2%)

1 (11.1%)

1 (11.1%)

0 (0.0%)

2 (22.2%)

2 (22.2%)

Total 25 (9.8%)

33 (12.9%)

49 (19.1%)

32 (12.5%)

57 (22.3%)

52 (20.3%)

8 (3.1%)

29

(6a) The LEAD program is a diversion program which allows Albany police officers to divert people from

the criminal justice system primarily for issues related to substance use, mental health, and poverty. Are

you: aware of the LEAD program here in Albany, NY?

RACE Yes No Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

Black 46 (41.1%)

63 (56.3%)

3 (2.7%)

Latinx 6 (27.3%)

16 (72.3%)

0 (0.0%)

White 46 (43.8%)

58 (55.2%)

1 (1.0%)

Other 4 (50.0%)

4 (50.0%)

0 (0.0%)

Unknown 5 (55.6%)

3 (33.3%)

1 (11.1%)

Total 107 (41.8%)

144 (56.3%)

5 (2.0%)

(7a) Based on the definition above, do you agree/disagree that: the LEAD program is one that I could

support?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 24 (21.4%)

16 (14.3%)

19 (17.0%)

5 (4.5%)

2 (1.8%)

31 (27.7%)

15 (13.4%)

Latinx 6 (27.3%)

3 (13.6%)

2 (9.1%)

2 (9.1%)

0 (0.0%)

7 (31.8%)

2 (9.1%)

White 51 (48.6%)

22 (21.0%)

13 (12.4%)

5 (4.8%)

5 (4.8%)

4 (3.8%)

5 (4.8%)

Other 2 (25.0%)

2 (25.0%)

2 (25.0%)

0 (0.0%)

0 (0.0%)

2 (25.0%)

0 (0.0%)

Unknown 3 (33.3%)

2 (22.2%)

1 (11.1%)

0 (0.0%)

1 (11.1%)

1 (11.1%)

1 (11.1%)

Total 86 (33.6%)

45 (17.6%)

37 (14.5%)

12 (4.7%)

8 (3.1%)

45 (17.6%)

23 (9.0%)

30

(7b) Based on the definition above, do you agree/disagree that: the LEAD program could be effective at

reducing racial disparities in the criminal justice system?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 18 (16.1%)

18 (16.1%)

19 (17.0%)

9 (8.0%)

2 (1.8%)

32 (28.6%)

14 (12.5%)

Latinx 5 (22.7%)

3 (13.6%)

3 (13.6%)

0 (0.0%)

2 (9.1%)

7 (31.8%)

2 (9.1%)

White 36 (34.3%)

26 (24.8%)

15 (14.3%)

5 (4.8%)

8 (7.6%)

9 (8.6%)

6 (5.7%)

Other 2 (25.0%)

1 (12.5%)

2 (25.0%)

0 (0.0%)

0 (0.0%)

2 (25.0%)

1 (12.5%)

Unknown 3 (33.3%)

2 (22.2%)

0 (0.0%)

0 (0.0%)

2 (22.2%)

1 (11.1%)

1 (11.1%)

Total 64 (25.0%)

50 (19.5%)

39 (15.2%)

14 (5.5%)

14 (5.5%)

51 (19.9%)

24 (9.4%)

(7c) Based on the definition above, you do you agree/disagree that: the LEAD program is applied

equally to ALL who are eligible?

RACE Strongly agree

Somewhat agree


Somewhat disagree

Strongly disagree

Don’t know/refuse

to answer

Missing data

Asian 0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

0 (0%)

Black 9 (8.0%)

9 8.0%)

22 (19.6%)

10 (8.9%)

13 (11.6%)

34 30.4%)

15 (13.4%)

Latinx 0 (0.0%)

0 (0.0%)

6 (27.3%)

3 (13.6%)

3 (13.6%)

8 (36.4%)

2 (9.1%)

White 11 (10.5%)

13 (12.4%)

36 (34.3%)

6 (5.7%)

7 (6.7%)

28 (26.7%)

4 (3.8%)

Other 0 (0.0%)

2 (25.0%)

3 (37.5%)

0 (0.0%)

1 (12.5%)

2 (25.0%)

0 (0.0%)

Unknown 3 (33.3%)

1 (11.1%)

1 (11.1%)

0 (0.0%)

2 (22.2%)

1 (11.1%)

1 (11.1%)

Total 23 (9.0%)

25 (9.8%)

68 (26.6%)

19 (7.4%)

26 (10.2%)

73 (28.5%)

22 (8.6%)

31

APPENDIX C: Individual Responses to Qualitative Survey Questions

Themes from Qualitative Survey

questions

Number of participants expressing

theme

Comments

1st street incident 11 The attack of individuals on 1st. After a noise complaint.; 1st street ; Ellazar

& recent late night beatings on 1st St. and recent unabated violence in Albany;

Ellazar/1st st./Beat my son on Grand St.; They target black people - Racist 1st

St/Ellazar/Dontay Ivy; Broke my sister's cheek when she was only 16 the lied to

arrest her, just like those guys on 1st st.; They did those boys on 1st street

wrong.; Shooting black man in his bqck. Beating up black men on first street.

Stealing from black people everyday. Racist; First St Incident with police and

residents.; The police involved incident on first st, the tasering of black male on

2nd st then he died, shooting of black male left him paralyzed no proactive

measures at new courts they dit and watch listen and wait for something to

happen before reacting i was harassed almost assaulted by a well known person

with issues right infront of 2 officers they did nor said anything.; The first street

incident. The Sheridan Street incident the Tony Clement incident;

Change in leadership

desired

8 Vote him out.; Need more black police ; Low moral due to understaffing.

They appear to be very disconnected.; detective Olsen retired with full benefits;

Needs to revisit its approach to community engagement.; The back up the

police. There are many times when the police are wrong and no charges are

brought against them; Get more black police - these police don't know us - they

are scared of us and can't wait to shoot us; The DA office has been reluctant to

speak to the rationale for decisions made - this is problematic. We need a new

DA.;

32

Dontay Ivy 4 killed Dontay ivy; They target bla;ck people - Racist 1st St/Ellazar/Dontay Ivy;

"Dontay Iveys case was handled so bad. Those officers should have been

charged.";Shooting of Dante Ivy, consideration of drones, shooting of Elazar

Williams;

DAO 8 It's impossible to get through to share input or concerns with the DA's Office,

in my experience. The attorneys and staff can regularly be heard using

disparaging language based in race, gender, and sexuality, and despite having

the LEAD program and a county commitment to diversion and restorative action

I don't feel able to trust that this program will be utilized when appropriate

based on how I hear the staff talk about people. I hope that the perception

doesn't belie the actual action, but there's just no way to be sure.; Did not agree

with DA's decision in Ellazar Williams case.; They are very disrespectful to the

community./You only see them in the community when there is a high profile

case.; During occupy Albany movement, the DAO refused to arrest protesters;

DA protects cops and doesn't treat them like us more scared of police - they

make us unsafe; He lied about not prosecuting weed under 2 oz.; The DA office

has been reluctant to speak to the rationale for decisions made - this is

problematic. We need a new DA.; I've never seen Albany's District in any Albany

communities.; He promised not to prosecute weed but lied. ;

LEAD 4 What is LEAD. As a black man, I am not safe or protected during the day or at

night.; I have heard anecdotal stories of how the police officers have utilized the

LEAD program to refer a person who stole food from a grocery store to connect

the person to food pantry or feeding programs; If LEAD was targeting citizens it

was created for would be more effective. We don't see that now.; LEAD is not for

all people;

33

Elderly perceptions 1 Police do good for community. Come to speak with Elders.

Ellazar Williams 9 Ellazar W.; No comment shot Ellazar in the back; Ellazar/Detective/Grand

Jury; Ellazar was shot and the DA looked the other way. Luke Deer beat someone

up in front of 12 officers and 3 were reprimanded.; Did not agree with DA's

decision in Ellazar Williams case.; Ellazar & recent late night beatings on 1st St.

and recent unabated violence in Albany/ charging Ellazar Williams to prevent his

testimony in grand jury against cop who shot him in the back; Ellazar/1st st./Beat

my son on Grand St.; They target black people - Racist 1st St/Ellazar/Dontay Ivy;

Shooting of Dante Ivy, consideration of drones, shooting of Elazar Williams;

Police brutality 6 The cops in Albany (Schenectad Kill my brother) and beat my son and

grandson; Albany Police don't care about the South End community. To many

killings no results.; Beat my brother up.; They beat my son and lied/Railroaded

my son, let officer go with nothing done.; APD beat me up. It was a lot of them

not just 1 (felt like the whole force); Police Brutality and they take forever when

you call them for an emergency;

Police misconduct 17 They always stop us and ask us for id. Or say we smell like weed. They always

act like tough guys or bullies!; The Blue code of silence is strong in Albany.; They

can do whatever they want because they are an officer.; they are a

gang/Protects police more than community.; Still arresting people for low level

petty crimes instead of going after major criminals, just to meet their quota.;

They are the biggest gang.; They break laws (especially traffic) all the time. ; They

violate us everyday where I live.; Police crashed into me and lied about it.

Wouldn't give me their insurance info. Threatened to arrest me if I didn't calm

down. ; Do whatever they want. ALWAYS STOP AND FRISK. Everyday especially 4-

34

midnight shift -> "way disrespectfull"; Police illegally searched my car and tore

my radio out and broke stuff on my car. ; Harrassed me. Lied to me about a

curfew in South End. (Lincoln Sq.) Asked me why I was dressed up. Told me I look

like a drug dealer. Stopped me on St. Pearl for giving homeless people money.

Said I looked like I was selling drugs./ railroaded my son; I work in human

services in Albany and have experienced a wide range of behavior from APD

when assisting my clients -- some of the officers are really wonderful no matter

what type of client I bring to them. Others have run the gamut from trying to bar

sexual assault clients from having their advocate present during the initial

contact to using slurs against LGBTQ people.; You see the police in the news

acting out against individuals of my race when they were not doing anything

wrong. That's not far from where I live, that could be MY child, MY son in a few

years. I fear my colored children growing up being judged for the color of their

skin.; they recently tried to sweep the whole March 2019 melee under the rug

until the witness's video footage was released; Cop "Marshie" (Marshmello) is

out of control. No one stops him. "Det. Anderson" is corrupt.; Stay illegally

searching us. STOP and Frisk is alive in Albany; They never help when we call but

always pull us over with guns drawn.;

Positive feelings 6 Police do good for community. Come to speak with Elders.; They do great

things in our building. Always respectful.; The events the department holds for

people in the community after school and camp programs./ Crime victims

week/memorial; I work in human services in Albany and have experienced a

wide range of behavior from APD when assisting my clients -- some of the

officers are really wonderful no matter what type of client I bring to them.

Others have run the gamut from trying to bar sexual assault clients from having

their advocate present during the initial contact to using slurs against LGBTQ

35

people.; APD's outdoor activities, forums, meetings and community events.; they

participate in panel discussions, youth bbqs, and evening speak-out sessions;

Racism 12

Police and DA all work together against black people; "Don't treat black folks

the same.; Stop racist policing; They harras us for being black in our own

neighborhood; Need more black officer that live in Albany; They don't care about

justice just want to lock up black people.; Section 3 - all answers depend on your

skin. If 4the answer is agree if non-4disagree; What is LEAD. As a black man, I am

not safe or protected during the day or at night.; Disparities in Black people

arrested on weed charges compared to whites; Shooting black man in his bqck.

Beating up black men on first street. Stealing from black people everyday. Racist;

They target black people - Racist 1st St/Ellazar/Dontay Ivy; He works with them

and knows how they treat black people;

Youth perceptions 4 1st street incident. Elizar Williams witness to officer and rudeness to young

people minding their own business; Diversion Program Works - Great for youth;

Handling kids at acrecent party; Broke my sister's cheek when she was only 16

the lied to arrest her, just like those guys on 1st st.

36

APPENDIX D: Graphical Representation of Responses by Race (Black, Latinx,

White only) (Graph not readable at font size)







37



38

39

40

AND SPECIAL THANKS TO OUR CONTRIBUTORS

JUDY CHEN, MARY ELLEN FRIEBERG, ANTHONY HENDY, KATHERINE IWANOWICZ, BENJAMIN KUETTEL, LAUREN

MANNING, MIA NILO, SCHYLA SILBURN

41




42




Special thanks to contributors

Center for Law and Justice, Inc.

Celebrating it’s 35th year

in 2020

2





43

2








Eliminating the GAP between Law and Justice

Center for Law and Justice, Inc. Pine West Plaza, Building 2, Washington Ave Ext.

Albany, NY 12205 Tel: 518-427-8361 Fax: 518-427-8362

www.cflj.org

Program Office220 Green Street, Albany, NY 12204

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