Albany Times Union

Officer fired for comments struggled with basics of job

Records show he failed to quickly answer calls, refused to take report

- By Steve Hughes Albany

At face value, it was a simple call for service.

A city resident called police on Jan. 27, 2019, complainin­g that his washing machine had been stolen. He believed he knew who had stolen it, how they got in, and where they went.

But rather than take a report and notify his superiors of a felony burglary, as department policy required of him, Officer David Haupt instead asked the resident if they could just go to the suspect and ask for the appliance back.

Haupt was brought up on administra­tive charges for the incident and later recommende­d for suspension — but it was far from the only time superiors took issue with his job performanc­e in the four years he worked for the department before officials moved to fire him after the Times Union revealed

in November 2020 he had been caught on an Albany County Sheriff deputy’s body camera calling Black people “the worst f__ing race.”

A sheriff ’s department employee flagged the video during a routine check and it was sent to Albany County District Attorney David Soares’ office, which forwarded it to the police department. The camera appeared to accidental­ly turn on and caught the two in conversati­on as Haupt pumped gas into his patrol car.

After Albany Police Chief Eric Hawkins announced Haupt was being terminated, the Times Union requested a copy of his personnel and disciplina­ry file. Such police files were previously considered confidenti­al until last year when Gov. Andrew M. Cuomo signed a bill repealing the statute that ensured the records remained secret.

Haupt’s file paints a picture of an officer who repeatedly failed to complete basic parts of his job, including taking reports from residents and responding quickly enough to calls. On one occasion, he was sent to investigat­e after someone called 911 but never got out of his vehicle to investigat­e. Another time, he refused to take a report from a resident and lied about the circumstan­ces around it.

Haupt’s performanc­e was so lackluster that the department resorted to a three-month performanc­e improvemen­t plan in 2019 after an annual performanc­e review found his job performanc­e was below minimally acceptable standards.

Haupt’s single bright spot noted in the performanc­e review was that he took constructi­ve criticism well and would often work the desk, which other officers consider a “undesirabl­e post,” the evaluation notes.

Alice Green, executive director for the Center for Law and Justice, reviewed Haupt’s file for the Times Union and raised several issues, including whether there were other officers in the department who shared similar views or if he had expressed racist views before but just never been discipline­d.

Green also said that Haupt’s attitude toward his job was an example of how poor police work could increase distrust of officers among residents. She added she hoped the city’s Police Reform and Reinventio­n Collaborat­ive would look at how effective the department’s employee improvemen­t plans are.

“It’s so clear that this guy could not adequately perform his duties,” she said. “That’s a public safety issue.”

Hawkins defended the steps the department took when asked by the Times Union, saying his review of Haupt’s file showed a “textbook” case of progressiv­e discipline — and commended Haupt’s superiors for the actions they took over the years to spot problems and get him additional training.

“What we want to determine is, are these officers salvageabl­e? Can these deficienci­es be corrected through training and mentoring?” he said. “We invest a lot of time in the academy. And if we can’t, we (terminate them).”

Hawkins noted that for “egregious offenses,” such as racism or sexual harassment, the department moves directly to firing officers.

Haupt, who remains suspended with pay under the police officer union’s contract, is fighting to get his job back. Neither he nor his attorneys could be reached for immediate comment.

Haupt started his career on the right foot. Within his first four months on the job after graduating from the police academy, he had two letters in his file commending him for his work. Twice, residents wrote to either Mayor Kathy Sheehan or then-chief Brendan Cox for actions Haupt took.

But in 2018, he was verbally counseled and received written and verbal reprimands for several incidents, including multiple times where he failed to respond to calls in a timely manner. In that year, Haupt made just eight arrests. All were in response to calls for service, rather than through proactive policing. He did one field interview and wrote zero traffic tickets. His salary that year was $64,059.

By January 2019, the department decided that Haupt needed help. The department paired him with a mentor, barred him from spending shifts at a desk job and required sergeants to go to any calls he went on to observe his performanc­e for three months.

His performanc­e continued to struggle.

In one May 2019 incident, Haupt allegedly ignored a direct order. A supervisor told him to conduct a prostituti­on detail along Central Avenue, doing field interviews with possible prostitute­s. The supervisor went on vacation the next day and when he returned, he discovered that Haupt had ignored his assignment.

In a disciplina­ry notice, the department noted that Haupt did not ask any other supervisor­s for help or clarificat­ion on what he was supposed to do. Haupt’s defense was that he thought his sergeant would be assisting with the detail when he returned from vacation.

In October 2019, the department moved to suspend Haupt for a total of 40 days without pay, citing eight department regulation­s he violated over the past ten months. Haupt chose to contest them through arbitratio­n and the matter was still pending when he was fired 11 months later.

Frank Wiley, the former chief of the University at Albany’s police department, said that in general collective bargaining agreements in police department­s can allow for problemati­c or substandar­d officers to remain employed. In New York, the arbitratio­n process often used by local government­s and unions take months or years to resolve.

“Arbitratio­n can diminish the significan­t value of serious discipline,” said Wiley, who currently teaches at the state University at Albany’s College of Emergency Preparedne­ss, Homeland Security, and Cybersecur­ity.

“When is quality sacrificed by the collective bargaining agreement? When does the employee-centric philosophy of collective bargaining interfere with the safety and quality of life of a community? At some point they come to a cross-purpose.”

 ?? Will Waldron / Times Union ?? Albany Police officer David W. Haupt is recorded on an Albany County sheriff deputy’s body camera on Nov. 1. Haupt, who joined the force in 2016, was heard making racist remarks in the recording.
Will Waldron / Times Union Albany Police officer David W. Haupt is recorded on an Albany County sheriff deputy’s body camera on Nov. 1. Haupt, who joined the force in 2016, was heard making racist remarks in the recording.

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