Owner fights for fair practice
Board faces challenge of keeping police in check
Over the years, business owner Dave Kahn said he’s had both good and bad experiences dealing with the police department.
Some of the latter resulted in Kahn, owner and chef of Dave’s Gourmet Burgers and More on Edison Avenue, to file complaints with the police department and the civilian police review board, including one involving a dispute with his landlord that led to dozens of calls last year to police when his restaurant was located on a different street.
“They were never on the same page — one police officer says this is a criminal act, the second one would respond an hour later, that this is a civil complaint, and they would just leave and not even listen to me,” he said, adding in some cases “they gave me attitude and said I must stop calling the police” and refused to allow him to speak to a police supervisor. “I want to make sure the calls are properly addressed because almost 50 percent of the population is either Guyanese, Blacks or Latinos ... but the police are almost 99 percent white; when they show up, they don’t really listen.”
The incident, most of which was confirmed by Police Chief Eric Clifford, highlights some of the daily challenges the police grapple with and the critical role the depleted Schenectady Civilian Police Review Board plays in ensuring police follow the proper procedures in dealing with the public.
The efforts to empower the review board that arose out of broader efforts to reform the police department mandated by outgoing Gov. Andrew M. Cuomo have mostly languished because of issues ranging from the the group’s chairman, Dick Shave, stepping down and impending departure of successor Carl Williams for a board that is already not at full strength.
Williams emerged victorious in June’s Democratic City Council primary and is primed for a potential win in November’s general election that would elevate him onto the governing body, meaning he’ll likely step down from his review board post.
Clifford said so far the department and review board have come up with a draft of possible changes for a more user-friendly packet that a person filing a complaint is required to complete. Police leaders have requested the review board have its own dedicated link off the police department’s website as part of the city’s new website, which is under construction.
But he and Williams admit there’s still a lot of heavy lifting left to do to see to it that reforms around training for review board members, community engagement and outreach, and tracking data happen. One contentious topic is whether to view redacted or unredacted versions of bodyworn camera videos. Williams said.
Clifford said “we definitely need to ramp this up in early September as far as the outreach.”
Kahn, 50, who previously ran businesses in Albany, contends he was forced to shutter the former location in Schenectady in April 2020 after four years there, and that he lost hundreds of thousands of dollars because of the problems with his landlord. Asked about Kahn’s case, Williams said the names of the complainant and police officers are redacted from documents the review board looks at.
Clifford said a person filing a complaint receives a letter if the review board agrees with the department’s decision.
“If it was a civilian-generated complaint, which I believe it was, we send all of our civilian-generated complaints to the CPRB for review,” said the chief, adding they are able to do that for the time being because the department gets so few complaints.
Kahn provided such a letter dated May 26, 2021 and signed by Clifford that states that an incident from October 2020 has been reviewed by the department’s Office of Professional Standards.
“Findings indicate the officer was not only discourteous, but also failed to complete a satisfactory preliminary investigation of your complaint,” wrote the chief. “His behavior during your interaction does not meet my department’s high standards and mission.”
Clifford goes on to say, “I understand if officers unknowingly contradict each other, or fail to follow through with their duties, it can only add to your frustration,” but that the department “is working diligently towards positive changes, improved communications, and better police service.”
Earlier this week he elaborated on the case, saying the officer initially refused to call the police supervisor and told Kahn that the landlord-tenant dispute related to having the heat shut off during the winter was civil in nature when it wasn’t.
“He’s correct in that he made a complaint, it got investigated, it came to me, I believe it was sustained, we took corrective action with the officer,” he said. “I wasn’t happy with the answer the officer gave to Mr. Kahn, and it’s one of those things the officer has corrected.”
Justin Chaires, a review board member who also serves on the police reform steering committee, said “I feel like we can do a better job of making sure that the people know what occurred and how things were handled.”