Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-6557 Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief NOTICE OF DISCIPLINE September 25, 2019 To: Officer Sarah Crews This is to notify you, as Acting Chief of Police of the City of Ithaca, | have determined that there is such probable cause for the following charges to be brought against you: Section I: Charges in Detail As fully set forth below in the supporting specifications, on or about April 8, April 18, May 2, May 7, May 26, June 6, June 25, August 2, and August 14, 2019, you violated the following Ithaca Police Department Rules and Regulations: 1 Section 1.1, “Obedience to Laws, Ordinances, and Rules.” Employees shall obey alll laws of the United States, State of New York, local ordinances, or laws and ordinances of any jurisdiction where they may be present. A conviction for violation of any of the above shall constitute a violation of this section. Employees shall obey all the Rules and Regulations of this Department, and rules, regulations, and policies for employees of the City of Ithaca. Section 1.5, “Insubordination.” Employees shall not be insubordinate. Section 2.2, “Respond When Directed.” Employees shall respond as directed by established authority. Section 2.5, “Action Required Regardless of Assignment.” Officers shall take appropriate action regarding any violation of law they observe, or which is brought to their attention regardless of their assignment or duties. Exceptions may be made for persons on special duties or assignments, Section 2.6, “Cooperation and Coordination.” All employees of the Department will coordinate their efforts with other employees of the Department so that teamwork may ensure maximum achievement and continuity of purpose in attaining the objectives of the Department and accomplishing its mission. All employees are charged with the responsibilty of fostering and maintaining @ high degree of communication, coordination, and cooperation within the Department. Section 2.12, “Courtesy.” Employees shall perform their duties in an efficient, courteous, and orderly manner, using patience and good judgment at all times. They shall not use harsh, profane, or insolent language. They shall be courteous and civil in their dealing with the public and other employees. Police Administration 607-272-9973 Police Dispatch 607-272-3245Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-6557 Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief 7. Section 2.14, “Assistance to Citizens.” Employees shall, in accordance with policies and procedures of the Department, render all possible service to any citizen seeking information or assistance. 8. Section 4.1, “Conduct.” Officers shall so conduct themselves in both their private and professional lives as to avoid bringing discredit upon the Department. 9. Section 3.13, “Recording Conversations with Other Employees.” The making of tape or electronic recordings of conversations with other employees is expressly prohibited except under the following circumstances: Pursuant to an investigation, department personnel may record the interview of another employee with a suspect or witness in the interview rooms equipped for such purpose; Sworn personnel may carry and use small personal recording devices in the field on calls where they want to obtain an accurate record of what was said by the parties involved. The call can be of any type and the other officers present at the scene should be made aware that such recording may be made; An employee may make a tape recording of any conversation in which they are a participant on the order of the Chief of Police or the District Attorney. Section Il: Supporting Specifications 1, That, based upon information and belief, on April 8, 2019, you violated Section 1.1, “Obedience to Laws, Ordinances, and Rules,” of the Ithaca Police Department Rules and Regulations, to wit; At approximately 7:40 AM, you were assigned beat 202 in vehicle P52 (the Marked SUV), when you drove up to stopped schoo! buses with their lights on and stop signs out on the 300 block of N. Albany Street. School crossing guard B.B. waved for you to stop and advised you not to drive past the stopped school buses. You responded, "I can go wherever | want.” You then proceeded to drive past the stopped school buses with their lights on and stop signs out. You did not have your emergency lights on. Per Section 1.1, “Obedience to Laws, Ordinances, and Rules,” of the Ithaca Police Department Rules and Regulations, “Employees shall obey all laws of the United States, State of New York, local ordinances, or laws and ordinances of any jurisdiction where they may be present.” By driving past stopped school buses with their lights on and stop signs out, you failed to obey the laws of the State of New York while performing your duties. As such, you have violated section 1.1 of the Ithaca Police Department Rules and Regulations. Per Section 4.1, “Conducl.” Officers shall so conduct themselves in both their private and professional lives as to avoid bringing discredit upon the Department. By driving past stopped school buses with their lights on and stop signs out despite school crossing guard B.B. telling you not to and your comment to B.B. that you can go wherever you want, B.B. complained to a ‘Community Service Officer of your conduct which brings discredit upon the Department. 2. That, based upon information and belief, on April 18, 2019, you violated Section 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations, to wit; Police Administration 607-272-9973 Police Dispatch 607-272-3245Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-6557 Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief You signed up for 8 hours of OT on A-line. Sgt. Papkov assigned the more senior Officer Doane to his normal patrol beat 204 and you to patrol beat 207 on A-line. You were unhappy with the assignment, voicing your displeasure to Sgt. Papkov and Officer Doane. In speaking with Sgt. Papkov about your assignment, you raised your voice and questioned his decision. Sgt. Papkov advised you to lower your voice and offered you the chance to switch to patrol beat 201. Thereafter, you advised Sgt. Amaro by text that “personal leave request for 3-7 tomorrow night is back in. shift can be short all night, not my problem.” Per section 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations: Employees shall perform their duties in an efficient, courteous, and orderly manner, using patience and good judgment at all times. They shall not use harsh, profane, or insolent language. They shall be courteous and civil in their dealing with the public and other employees. Your conduct in response to being assigned a patrol beat which displeased you was neither courteous nor civil. As such, you have violated Section 2.12 of the Ithaca Police Department Rules and Regulations. 3. That, based upon information and belief, on May 7, 2019, you violated Sections 2.5 “Action Required Regardless of Assignment,” 2.6 “Cooperation and Coordination,” 2.12 “Courtesy,” and 4.1, “Conduct,” of the Ithaca Police Department Rules and Regulations, to wit; You were assigned work the Quality of Life detail. You and Officer Doane were dispatched by Tompkins County Dispatch to the area of Cook St. and College Ave. for a report of loud country music. You responded to Dispatch that this was a beat call. Your response prompted Tompkins County Dispatch A-line supervisor John Schaffer to complain to Sgt. DuPay about your behavior. In attempting to inquire of you about the matter, you began raising your voice at Sgt. DuPay, voicing your displeasure with the detail and stating in sum or substance of you guys misusing the detail car and if you're going to continue | will not do the detai wanted stripes this is what comes with if” and “I'm done doing this fucking detail.” Per Section 2.5, “Action Required Regardless of Assignment.” Officers shall take appropriate action regarding any violation of law they observe, or which is brought to their attention regardless of their assignment or duties. Exceptions may be made for persons on special duties or assignments, As a result of the conduct detailed above, you violated Section 2.5 by not taking appropriate action regardless of the assignment. Per Section 2.6, “Cooperation and Coordination.” All employees of the Department will coordinate their efforts with other employees of the Department so that teamwork may ensure maximum achievement and continuity of purpose in attaining the objectives of the Department and accomplishing its mission. All employees are charged with the responsibility of fostering and maintaining a high degree of communication, coordination, and cooperation within the Department. As a result of the conduct detailed above, your actions violate Section 2.6 by not fostering or maintaining a high degree of communication, coordination and cooperation within the Department. Per section 2.12, "Courtesy," of the Ithaca Police Department Rules and Regulations: Police Administration 607-272-9973 Police Dispatch 607-272-3245Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-6557 Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief Employees shall perform their duties in an efficient, courteous, and orderly manner, using patience and good judgment at all times. They shall not use harsh, profane, or insolent language. They shall be courteous and civil in their dealing with the public and other employees. Your conduct to Dispatch supervisor Schaffer and Sgt. DuPay was neither courteous nor civil ‘As such, you have violated Section 2.12 of the Ithaca Police Department Rules and Regulations. Per section 4.1, “Conduct,” of the Ithaca Police Department Rules and Regulations, “Officers shall so conduct themselves in both their private and professional lives as to avoid bringing discredit upon the Department.” As a result of the conduct towards Dispatch supervisor Schaffer requiring him to complain about you has brought discredit upon the Department in violation of section 4.1 of the Ithaca Police Department Rules and Regulations. 4, That, based upon information and belief, on May 2, 2019 you violated Section 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations, to wit; At approximately 0359 hours, Officer G. DuPay conducted a traffic stop on S. Meadow St. in the area of Five Guys. A female under investigation for suspected marihuana requested a female perform a search of her persons. You were directed to arrive at the scene and perform the search. Upon arriving at the scene and being advised by Sgt. T. DuPay of the person under investigation, you walked over to that person and stated: “Do you understand that you're female officer is a bull dyke?” Per section 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations: Employees shall perform their duties in an efficient, courteous, and orderly manner, using patience and good judgment at all times. They shall not use harsh, profane, or insolent language. They shall be courteous and civil in their dealing with the public and other employees. By initially engaging with the person under investigation by stating “Do you understand that you're female officer is a bull dyke?", you not only used “harsh, profane, or insolent language,” but also failed to perform your duties in an ‘efficient, courteous, and orderly manner.” As such, you violated section 2.12 of the Rules and Regulations requiring courtesy with other IPD employees in the performance of her duties. 5. That, based upon information and belief, on May 26, 2019 you violated Sections 2.5 “Action Required Regardless of Assignment,” and 2.6 “Cooperation and Coordination,” of the Ithaca Police Department Rules and Regulations, to wit; At approximately 2103 hours, IPD units responded to a reported structure fire at 151 Dryden Road. Officer Hubbell was assigned as primary officer and upon approaching the residence, upon ending the call and reviewing body camera footage, it was noticed at approximately 2108 hours that you were directly in front of the residence facing East heading toward College Avenue. At approximately 2111 hours, Officer Hubbell requested adcitional traffic assistance, At no time did you respond that you were in the area, provide a report on the visual status of the incident or advise that you were exiting the area. You left the area without taking any action or Police Administration 607-272-9973 Police Dispatch 607-272-3245Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-8557 Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief offering any assistance. Upon learning of your inactions, Sgt. Gray spoke with you and asked why given your proximity to a potentially life threatening circumstance you did not engage and involve yourself in the call. You replied that Officer Hubbell was already on the scene and was blocking College St. and Dryden Road. However, Officer Hubbell parked his patrol vehicle out of the way to allow for fire apparatus to come to the scene. When asked why you did not speak up and offer your services or have yourself assigned the call, you replied there were many other officers on the scene. Again, when asked why you made no attempt to engage in a potentially life threatening incident, you replied that you were never asked to go and that you were not assigned to the line, but instead assigned to a quality of life detail. Per Section 2.5, “Action Required Regardless of Assignment.” Officers shall take appropriate action regarding any violation of law they observe, or which is brought to their attention regardless of their assignment or duties. Exceptions may be made for persons on special duties or assignments. As a result of the conduct detailed above, you violated Section 2.5 by not taking appropriate action regardless of the assignment. Per Section 2.6, “Cooperation and Coordination.” All employees of the Department will coordinate their efforts with other employees of the Department so that teamwork may ensure maximum achievement and continuity of purpose in attaining the objectives of the Department and accomplishing its mission. All employees are charged with the responsibility of fostering and maintaining a high degree of communication, coordination, and cooperation within the Department. As a result of the conduct detailed above, your actions violate Section 2.6 by not fostering or maintaining a high degree of communication, coordination and cooperation within the Department. 6. That, based upon information and belief, on June 6, 2019 you violated Sections 2.6, “Cooperation and Coordination,” 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations, to wit; Upon being assigned patrol beat 207 (the “Commons Rotation") because it was your turn on the rotation, you stated to your supervisor, Sgt. T. DuPay: "You guys are taking the only thing that | have left here, the enjoyment of working 204 and it has gotten to a point where I do not like coming to work anymore’, “You guys are the worst supervisors", and, upon being told to not take the assignment personal and to keep up the good work, you stormed out of the office stating “The fuck I will, you're going to see the new meaning of the word lazy’. Per Section 2.6, “Cooperation and Coordination.” All employees of the Department will coordinate their efforts with other employees of the Department so that teamwork may ensure maximum achievement and continuity of purpose in attaining the objectives of the Department and accomplishing its mission. All employees are charged with the responsibility of fostering and maintaining a high degree of communication, coordi and cooperation within the Department. As a result of the conduct detailed above, your actions violate Section 2.6 by not fostering or maintaining a high degree of communication, coordination and cooperation within the Department. Per section 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations: Employees shall perform their duties in an efficient, courteous, and orderly manner, using patience and good judgment at all times. They shall not use Police Administration 607-272-9973 Police Dispatch 607-272-3245Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-6557, Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief harsh, profane, or insolent language. They shall be courteous and civil in their dealing with the public and other employees. By acting in the above-described manner with Sgt. T. DuPay, you failed to "be courteous and civil" in your dealing with another employee thereby violating section 2.12 of the Rules and Regulations. 7. That, based upon information and belief, on June 25, 2019, you violated Sections 2.6, “Cooperation and Coordination,” and 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations, to wit; ‘Tompkins County Dispatch notified the Department that the City of Cortland had an individual with an active arrest warrant out of the City of Ithaca Court. You were directed by Sgt. DuPay to respond to the McDonalds in Dryden for the exchange of the individual with an active arrest warrant. Upon being directed, you immediately called Sgt. DuPay and advised him that he was “next on my Per Section 2.6, “Cooperation and Coordination.” All employees of the Department will coordinate their efforts with other employees of the Department so that teamwork may ensure maximum achievement and continuity of purpose in attaining the objectives of the Department and accomplishing its mission. All employees are charged with the responsibility of fostering and maintaining a high degree of communication, coordination, and cooperation within the Department. As a result of the conduct detailed above, your actions violate Section 2.6 by not fostering or maintaining a high degree of communication, coordination and cooperation within the Department. Per section 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations: Employees shall perform their duties in an efficient, courteous, and orderly manner, using patience and good judgment at all times. They shall not use harsh, profane, or insolent language. They shall be courteous and civil in their dealing with the public and other employees. By acting in the above-described manner with Sgt. T. DuPay, you failed to “be courteous and civ’ in your dealing with another employee thereby violating section 2.12 of the Rules and Regulations. 8. That, based upon information and belief, on August 2, 2019 you violated Sections 2.6, “Cooperation and Coordination,” and 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations, to wit; Lt. Schwartz was working the last 4 hours (1830 - 2230) of the C-line shift as the Shift Commander. He was reviewing Officer reports and noticed that Officer Crews did not list the phone number of a person she spoke with regarding a parking complaint. Lt. Schwartz noted “Phone number for vehicle owner not listed” at approximately 2144 hrs. At approximately 2230 hrs., Officer Crews asked Lt. Schwartz: “What's with you guys reviewing reports on other shifts?” Lt, Schwartz explained that as Shift Line Commander it is his responsibility to review reports. You sighed and stated in sum or substance that you look forward to sending reports into other shifts because the A-line standard is ridiculous. Lt. Schwartz advised you that getting Police Administration 607-272-9973 Police Dispatch 607-272-3245Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-6557 Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief a phone number for someone you interact with is something new officers are taught. You then began to raise your voice and use a disrespectful tone. After further discussion, you advised Lt. ‘Schwartz that he is “on notice” and reiterated you “were putting them on notice”. Per Section 2.6, “Cooperation and Coordination.” All employees of the Department will coordinate their efforts with other employees of the Department so that teamwork may ensure maximum achievement and continuity of purpose in attaining the objectives of the Department and accomplishing its mission. All employees are charged with the responsibility of fostering and maintaining @ high degree of communication, coordination, and cooperation within the Department. As a result of the conduct detailed above, your actions violate Section 2.6 by not fostering or maintaining a high degree of communication, coordination and cooperation within the Department. Per section 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations: Employees shall perform their duties in an efficient, courteous, and orderly manner, using patience and good judgment at all times. They shall not use harsh, profane, or insolent language. They shall be courteous and civil in their dealing with the public and other employees. By acting in the above-described manner with Lt. Schwartz, you failed to “be courteous and civil’ in your dealing with another employee thereby violating section 2.12 of the Rules and Regulations. 9. That, based upon information and belief, on August 14, 2019 you violated 4.1, “Conduct,” of the Ithaca Police Department Rules and Regulations, to wit; At about 0104 hrs., Officer Balyszak arrested a subject on an active bench warrant issued out of Ithaca City Court. Lt. Schwartz requested Officer Crews respond to Headquarters to assist. While Officer Balyszak was sitting with the Defendant in the patrol interview room completing a suicide prevention screening form with Defendant, you entered the Department, stopped at the top of the steps, faced down and look at Officer Balyszak. When he looked up at you, you stuck your middle finger up at him and began saying and mouthing “Fuck you". You continued to look at Officer Balyszak while holding up your middle finger and continued saying "Fuck you. No, seriously. Fuck you .. . Fuck you.” You then proceeded to respond to the Staff office to meet with Lt. Schwartz. Upon exiting the office, you walked past Officer Balyszak and in sum or substance stated to him *...Fuck you. Fuck you. I'm going to get you! I am going to get youl...” You appeared angry, shaking and clenching your fist while making the statements with resolve and an angry tone. Upon information and belief, you recorded this interaction without the consent of Officer Balyszak or the Department. Per section 2.12, “Courtesy,” of the Ithaca Police Department Rules and Regulations: Employees shall perform their duties in an efficient, courteous, and orderly manner, using patience and good judgment at all times. They shall not use Police Administration 607-272-9973 Police Dispatch 607-272-3245Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-6557 Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief harsh, profane, or insolent language. They shall be courteous and civil in their dealing with the public and other employees. By acting in the above-described manner with Officer Balyszak, you used harsh, profane and insolent language and you failed to “be courteous and civil” in your dealing with another ‘employee thereby violating section 2.12 of the Rules and Regulations. Per section 4.1, “Conduct,” of the Ithaca Police Department Rules and Regulations, “Officers shall so conduct themselves in both their private and professional lives as to avoid bringing discredit upon the Department.” By acting in the above described manner in the presence of a Defendant, you brought discredit upon the Department. Per Section 3.13, "Recording Conversations with Other Employees.” The making of tape or electronic recordings of conversations with other employees is expressly prohibited except under the following circumstances: Pursuant to an investigation, department personnel may record the interview of another employee with a suspect or witness in the interview rooms equipped for such purpose; Swom personnel may carry and use small personal recording devices in the field on calls where they want to obtain an accurate record of what was said by the parties involved. The call can be of any type and the other officers present at the scene should be made aware that such recording may be made; An employee may make a tape recording of any conversation in which they are a participant on the order of the Chief of Pol or the District Attorney. By recording your conversation with Officer Balyszak, you violated Section 3.13 to which there is no exception that applies. Section Ill: Penalty Sought These charges and specifications represent an unfortunate and disturbing pattern of complaints — unnecessarily rude, discourteous, and unprofessional behavior. Additionally, your behavior affects your performance in failing to act to @ police matter and in making unnecessary comments that you will not perform the job as required. As you are aware, issues regarding your professionalism and courtesy arose in 2016, for which you were issued notices of discipline. Then, in 2018, a complaint was received from the Fire Department that regarded your unprofessional treatment of an intoxicated member of a public, which resulted in the Department issuing you @ counseling memorandum. And, again, you were served with a Notice of Discipline in early 2019 regarding your disturbing pattern of complaints by the public. Unfortunately, you have failed to correct course and your interactions with the public and your colleagues detailed in these charges remain well below the standards of respect and professionalism expected in this Department. Accordingly, the above-described charges and specifications, in the aggregate, warrant the following penalty: Termination. Within ten days of receipt of these charges, you must mail to the Chief of Police, by certified mail, retum receipt requested, either the enclosed Notice of Demand for Arbitration Hearing or Waiver of Arbitration. Should you fail to mail the Notice of Demand for Arbitration form within ten days, the charges will be sustained and the City will thereafter impose the penalty sought. Police Administration 607-272-9973 Police Dispatch 607-272-3245Ithaca Police Department 120 East Clinton Street, PO Box 6557, Ithaca, New York, USA 14851-6557 Dennis Nayor, Acting Chief of Police Vincent Monticello, Deputy Chief You have the right to representation by the Police Benevolent Association or an attorney and you may consult with either the PBA or an attorney at any time. By copy of this notice, | am informing your association of these charges. You may waive representation by the Association by written ‘communication to this office and the Association President, Eric Doane. jen Acting Chief of Police Co: Personnel File; Union Ene.: Waiver of Arbitration Hearing; Notice of Demand for Arbitration Hearing Police Administration 607-272-9973 Police Dispatch 607-272-3245APPENDIX E SAMPLE NOTICE OF DEMAND FOR ARBITRATION HEARING TO: (Police Chief) DATE: Thereby notify the City of my demand for an arbitration hearing on the charges brought against me, which charges were specified in the Police Chief's Notice of Discipline dated cc: PBA President {NLABORIConraxtAPBA CleaContat 2008-2011 oe Signature of Employee 39APPENDIX D SAMPLE, WAIVER OF ARBITRATION HEARING TO: (Chief of Police) DATE: Thereby waive my right to an arbitration hearing on charges brought against me, which charges were specified in the Police Chief's Notice of Discipline dated +1 understand the waiving of my rights to an arbitration hearing allows the cily to determine the case and fix a penalty or punishment. Signature of Employee co: PBA President JINLABORIConactNPBA CleenContzat 20082011 doo 38