Blacks in Law Enforcement of America

A National Organization of Black Law Enforcement Professionals

New York Office 405 Tarrytown Rd. #1318 White Plains, New York 10607 1-877-218-8835

Accepting Our Responsibility to Rebuild Our Community

April 8, 2013

Nichelle A. Johnson Corporation Council Mt. Vernon City Hall 1 Roosevelt Square, Mount Vernon, NY 10550 Dear Ms. Johnson, We are sending you this second request, in reference to the city's legal position on the continuous employment of Mount Vernon Police Sargent Michael Marcucilli. Our last communication was sent on March 11, 2013, via FEDEX. It was also given to the Mt. Vernon City Council on March 13, 2013. As your office is aware, Mt. Vernon Police Sergeant Michael Marcucilli has faced numerous complaints and civil lawsuits including a 2010 lawsuit for assaulting a retired Black County Police Officer. He is also still on desk duty for assaulting a 15 year old boy in the side of the head with his night stick while he was in handcuffs in 2009. In both of these cases, Sergeant Marcucilli was found guilty in civil court. It has been reported by the Journal News that this one officer has "cost the city taxpayers $937,000 in legal fees, judgments and settlements." We are also aware that the Mt. Vernon City Charter (enacted in 1922) exclusively governs disciplinary procedures within the Police Department. According to the decision in the Appellate Court, City of Mt. Vernon v. Cuevas, and 289 A.D. 2d 674 (3e Dept 2001), this decision firmly established the City Charter as the exclusive source of discipline in the Mt. Vernon Police Department. The essence of the ruling is simple. The PBA or the City of Mt. Vernon cannot hide behind N.Y. CVS. LAW 75, section 4. Whereas no removal or disciplinary proceeding shall be commenced more than eighteen months after the occurrence. This does not and cannot apply to the reason that the City of Mt. Vernon refused to dismiss a city employee that has cost $937,000 in taxpayer funds. In addition to that, he was found guilty of violating the rights of individuals.

Member of the Grand Council of Guardians

As a national organization of law enforcement professionals, we ask the City of Mt. Vernon and it's representatives, why is Sergeant Marcucilli still working? Why did the city government interfere with the disciplinary process while undermining Commissioner Bells authority to discipline these rogue police officers when the city has had the exclusive authority to discipline officers? Second, Newsday reported a very disturbing statement from the newly appointed Deputy Police Commissioner according to the unconstitutional and controversial policy of Stop N Frisk. Your Deputy Commissioner is quoted saying "I think it's (Stop N Frisk) underutilized here. Your office should be aware that Civil rights attorneys have argued that these policies exist in violation of our constitutional rights. Judge, Shira A. Scheindlin of Federal District Court in Manhattan, said that elements of the New York Police Departments Stop N Frisk practice were "deemed unconstitutional." Racial profiling gives police the new authorization to stop Blacks without cause, a tactic that is used in NYC Stop N Frisk. With a city like Mt. Vernon, with a population of approximately 85 % African American, along with the racial issues that has already plagued the department. It would be an unwise decision to implement this policy in Mt. Vernon Police Department. There are organizations that are ready to file suits against Mt. Vernon if this policy is implemented in any way that will violate the citizens of Mt. Vernons rights. (Please see attached) Finally, as stated in the last communication, the City of Mount Vernon has failed to implement a proper Civilian Complaint Review Board (CCRB) that had been in the Mt. Vernon City Charter since 1982. CCRBs have evolved in the last three decades as a creditable tool of oversight of law enforcement policies and procedures. After many conversations with your office, the Mayor, the City Council and the Ethics Board, the city has failed to implement or revise said legislation. A current outline of national standards according The National Association of Civilian Oversight of Law Enforcement was given from our organization to all parties in June of 2012. You reached out to me personally stating that you received the outline and close to a year later, I have not received a response from you or your office. With the recent news reports of police misconduct and possible police crimes, it should be imperative to create a system of checks and balances of accountability of our police department. By failing to correct the problems in the Police Department in Mt. Vernon, the Mt. Vernon Elected Officials and Appointees are failing their fiduciary responsibility to the taxpayers. As the taxpayers agents, Elected Officials and Appointees should be establishing proper law enforcement oversight legislation that will create checks and balances for protection of the taxpayer and the law enforcement officer. The citizens of Mt. Vernon should not be subjected to the Usual Politics of the Police where the complaint process is so corrupt that citizens feel no need to file complaints because nothing will get ever done.

Thank you for your time in this matter. We hope to receive a timely response. Sincerely,

Damon K. Jones
Damon K. Jones New York Representative Blacks In Law Enforcement of America 914-374-5037 cc: Ronald Hampton Washington D.C. Representative Blacks In Law Enforcement of America Bonita E. Zelman Esq. Legal Council City Council Mount Vernon, New York City Board of Ethics Mount Vernon, New York David J. Kennedy Chief, Civil Rights Unit Southern District of New York

Westchester Coalition for Police Reform

Letter: Police, don't import stop-and-frisk

Originally published: March 29, 2013 3:08 PM Updated: March 29, 2013 3:22 PM

Local police departments should think twice before they emulate the New York City Police Department's aggressive and discriminatory stop-and-frisk practices. Used lawfully, stop-and-frisk is a legitimate law-enforcement tool. However, the NYPD's rampant abuse of the tactic violates the constitutional rights of hundreds of thousands of innocent people annually and sows mistrust between police officers and residents of the city's communities of color. Data suggest that racially biased policing is already widespread in Westchester. For example, blacks were nearly 12 times more likely than whites to be charged with lowlevel marijuana misdemeanors in the county, according to government statistics for 2011. Increased use of stop-and-frisk tactics would likely intensify the problem. The leadership structure of the large police agencies in the county provides further cause for concern: In the Mount Vernon, New Rochelle, Yonkers and White Plains police departments, of the more than 100 law enforcement personnel holding the rank lieutenant or higher, only three are black. What is more, these departments lack any independent oversight structures, such as New York City's Civilian Complaint Review Board, that might mitigate police misconduct. Westchester County law-enforcement agencies would do well to implement community policing models that build trust between police officers and the public they serve, rather than adopt the NYPD's stop-and-frisk policy. The New York Civil Liberties Union is part of the Westchester Coalition for Police Reform, a group of community members and organizations united to increase transparency and accountability among area law enforcement agencies. Daniel E. Berger, White Plains Editor's note: The writer is the director of the Lower Hudson Valley chapter of the New York Civil Liberties Union.