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Town Board Minutes 06.03.2008
                                                                                                                                                                                                                  A regular Meeting of the Town Board of Guilderland was held at the Town Hall, Route 20 McCormick's Corners, Guilderland, NY, on the above date at 7:30 pm.  The meeting was opened with the Pledge of Allegiance to the flag.  Roll call by Rosemary Centi, Town Clerk, showed the following to be present:




                                        Councilman Redlich
                                        Councilwoman Slavick
                                        Councilman Pastore
                                        Councilman Grimm
                                        Supervisor Runion

ALSO PRESENT:                   Richard Sherwood, Town Attorney

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Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion accepting the minutes of the May 20, 2008 Town Board meeting.

MOTION #128  Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE MAY 20, 2008 TOWN BOARD MEETING.  Councilman Pastore seconded the motion and it was carried by the following a roll call vote:

                                        Councilman Redlich              Abstained
                                        Councilwoman Slavick    Aye
                                        Councilman Pastore              Aye  
                                        Councilman Grimm                Aye
                                        Supervisor Runion               Aye

PUBLIC COMMENT PERIOD: No public comment




AGENDA ITEMS:

Item #1 on the agenda concerned the appointment of Acting Deputy Police Chief, Carol Lawlor, to the position of Chief of Police of the Town of Guilderland.

Supervisor Runion stated that, over the past several months, the Town Board had engaged in the process of searching for a new Police Chief.

Advertising for the position had been done in the Altamont Enterprise, the Times Union and the Daily Gazette.
Advertising had also been placed on the Town’s web site and on an Internet publication known as BlueLine.com, specializing in police recruitment.

Through the advertising process, 22 applications were received. After a review by the Town Board, the decision was made to interview 8 applicants.

Supervisor Runion went on the say that applications came from as far away as across the country.
After the eight interviews, the Town Board decided on three finalists.
He continued by saying that the final decision would be made at the evening’s meeting.
The interview process was a very long and arduous one.  Debates occurred throughout the process among Board members concerning Civil Service requirements, and as to whether it was better to hire from within or from outside the department.

He said, “ Tonight it gives me great pleasure to say that after all of the interviews, the best candidate for the job is Carol Lawlor”.

He went on to give a brief history of Ms. Lawlor and her rise within the Department over 30 + years.
He further mentioned that promotional exams were given for the position and Carol had passed the exam so that the position would be a permanent one.

MOTION #129  Supervisor Runion moved to APPOINT ACTING CHIEF OF POLICE OF THE TOWN OF GUILDERLAND, CAROL LAWLOR,  TO THE POSITION OF CHIEF OF POLICE OF THE TOWN OF GUILDERLAND.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                        Councilman Redlich - Opposed
Stated that it was important for Guilderland residents that the best person be selected for the job.
He spoke on the qualifications and merits of one of the other candidates for the job, Assistant Chief of Police of Troy, John Tedesco, whom he felt was better qualified.

He mentioned his education, knowledge of technology, accreditation of the Police Department, and his part in that achievement, breadth and quality of experience, and openness, mentioning a secrecy order given to Acting Chief Lawlor and how it affected her job.

He stated that Assistant Chief Tedesco would come into the office with a fresh set of eyes and no internal alliances.
He further stated that it was wonderful that an open discussion was held for the selection process so that Guilderland citizens could weigh the evidence for themselves.

                                         

Councilwoman Slavick - Aye

Stating, “There was a search for candidates.  Many resumes were received.  8 candidates were interviewed with varying degrees of experience, qualifications and credentials.  All Town Board members were given the opportunity to give their input on all of the candidates.

In terms of the Town Board's responsibility to the people of Guilderland, the only truly relevant element of the appointment is that Carol Lawlor is the best-qualified applicant for the position.

Experience weighs heavily.  She started at the ground level of the Guilderland Police Department:   - dispatcher (2 years; 1977-78), police officer (7 yrs; 1978-87); supervisory position:  sergeant (12 yrs 1987-99), lieutenant (6 yrs; 2000-06), leadership positions:  Deputing Chief (1; 2006), Acting Chief (1 yr; 2007-08)

Carol started in the Guilderland Police Department when it was in its infancy and involved in its growth as well.  It has grown since 1971 with police staff as well as many programs that she has been actively involved in.

        1975 Juvenile Aid Program in Schools - now Youth Services Division
        Town Arson Unit (now expanded and called Town Fire Investigation)

        Police Paramedic Program (police are hired that are certified paramedics)

        1987 - hours expanded to 24 hours 7 days a week
        Formation of Traffic Safety Unit in 1990
        K-9 unit formed in 1992
        1992 - Bicycle unit formed
        Police substation at Crossgates - 1993
        1994 - Guilderland becomes 1 of 5 Public Safety Answering Points to go online for 911
        1994 - Computer Aided Dispatch goes online
        1999 - Mobile Data terminals for police units
        RAD Program
        Accreditation process

In her 29 years with GPD, she has made many contributions and has a grasp of department and town issues.  She knows the town.

She has relationships with other jurisdictions, State Police, FBI, Albany County Sheriff, Police Information Network (federal, state, local) and the maturity level it takes to be a police chief.

She has shown her competence by successfully running the police department for the past year and in being in leadership and supervisory positions for 20 years.

She is an active member of the community with community involvement.

Carol is a working mother:  I know from my own experience that it is difficult being a working mother.  We need to balance raising our children, taking care of our families and also trying to achieve and move ahead in the workplace.  The demands of all of this are many. 

Carol Lawlor has done both and done them well - she has been promoted many times in the Guilderland Police Department while raising three children.  I know that she had to work very hard and has shown a lot of determination to be where she is today.

I have done some research on stats and came across certain facts. The number of female Police Chiefs is small: 1% in the US and women make up 14 percent of all officers; 9 in NY, 11 in California, 4 in NJ and 4 in CT.

I think that this is a stellar accomplishment that she has gotten to this position to where she is now.  So, I am totally in favor of voting for her and, in addition, I would also like to thank the Police Department of Guilderland, officers and staff for their work in keeping our town safe.”

                                        Councilman Pastore - Aye  

Mr. Supervisor and members of the Board -

It is my opinion that this vote this evening is one of the most important votes and considerations that we must make as members of the Town Board and as public servants of the Town of Guilderland.

One of the realities of speaking, now third, is perhaps that, in some ways, there is an opportunity and tendency for me to be repetitive of things that may have been mentioned previously.

But, because it is my opinion that it is such an important consideration and vote this evening, I would like to take some time to discuss the rationale and reasoning behind my conclusion.

This position that we are attempting and considering filling this evening is a very important position for the Town of Guilderland and for the residents.

It has been a long, laborious and time-consuming process for the members of the Town Board in the selection process for our new Police Chief.

We owe it to the residents of our Town, we owe it to the men and women who wear our Town’s police uniforms and we owe it to ourselves, as residents of the Town, to make sure that the process that we employed as members of this Town Board is and was a fair process, it was an equitable process and it was a process that, hopefully, ensures that we ultimately make the correct selection.

In considering the Supervisor’s recommendation this evening, I have reviewed and considered several facts regarding Carol Lawlor:




- Carol is a lifelong Resident of and she has been a long-time Employee of our Town.  I think that bodes very well for her and her credentials.




- She has been an Employee of the Town for the last 35 years and that, to me, is remarkable. To be devoted to one cause, to be devoted to one person, to be devoted to one particular occupational choice for a long and consistent period of time is most commendable.




- Carol first began working for the Guilderland Police Department as a dispatcher in 1977. She also worked in the summer programs during her high school years and that bodes well for Carol because, at an early age, she seemed to know, in a most focused and direct way, what she wanted to do.

- She was appointed to police officer just 2 weeks after her 21st Birthday.




- Since 1977, Carol Lawlor has risen up from the ranks of our Guilderland Police Department.




- After 10 years on the force, Carol was promoted to the rank of Sergeant.




- and 10 years after that, she was promoted to Lieutenant. Something that is well-recognized is that if you not only work in a position, but if you continue with a sense of longevity and promotion, you are not only receiving the respect and well-regard of the residents of the Town in a public position like this, but also from your peers and from those with whom you work; the men and women on the Police Force.  She has also seen, in that time, several Administrations of Town Government; be they Republican, Democrat, Conservative or Independent, or a mix of all of those.  And to rise in promotional levels over that period of time is a tremendous accomplishment.




- 5 years after being promoted to Lieutenant, Carol was promoted to Deputy Chief of Police.




- and for the last year and amidst some unfortunate circumstances, she has served, and has served capably as our Acting Chief of Police.

                                                               

Much has been said over the last year and even prior to that about the difficulties our Town and the members of this Board have faced in the whole controversy and allegations that surrounded the resignation of our former Chief.”

 

[Short discussion about the members of the Board taking their responsibility as members of the Town Board seriously].

“It is a process that we have embarked upon to replace the long-tenured Chief, himself, over the last year or so that calls for a sense of diligence, a sense of responsibility.  I take personal umbrage over the [suggestion] that this Board might not have done what is was supposed to have done - the charge of the people to make sure that we maintain a sense of responsibility to review all of the allegations against our former Chief and also conduct the process [for selecting] a new Chief with the utmost efficacy, rigor and responsibility. I think that we have done that through the process of opening it up and publicizing the position in not 1 or 2, but 3, 4 newspapers and publications that have, in their scope of readership, not just locally of Albany or Schenectady or Altamont, but far-reaching beyond that.

What impresses me most about Carol is that she commands a presence of leadership and competence and, above all, an unheralded devotion to the Guilderland Police Department and to the residents of our fine Town, and these qualities are no more evident than over the last year while she has served as our Town's Acting Chief of Police.

“And yet, all the while, Carol possesses and continues to maintain certain intangible qualities” … which do not come out in an interviewing process just on paper alone [brief discussion about the need to review intangible qualities during an interview to fill a position; either public or private, and the necessity to go with your “gut instinct].

 … “Carol has a unique, refreshing and endearing quality of compassion, understanding and of kindness.

I believe she wholeheartedly accepts and respects the long-held and traditional police concept of ‘chain of command’ (the concept of accepting orders from above and you ensure that they are responsibly and dutifully carried out to the best of your ability), but Carol also portrays an acquits herself quite well as someone who fully appreciates dialogue, cooperation, communication and esprit de corps which are absolutely essential for any police force.

Carol is both accessible and well-regarded and she and the Department of which she has been an integral member these past 30 years, have a good reputation, a reputation that is well-respected throughout the State and by the residents of Guilderland and by individuals throughout the Capital District.

In fact, based on the geographical pool of applicants; those who came and who hail from as far away as the Southern Tier of New York and as far away as Utica; when asked in the interview process: ‘What attracts you to the Town of Guilderland?’ They spoke about the people, they spoke about the community, but they spoke, most favorably, about our Police Department. 

And when you have a Chief of Police of some 30 years, who precedes someone who is now up for selection, and who resigns under controversy, there is a possibility that a cloud of darkness, a cloud of uncertainty, comes upon the whole Department, itself. And that is most unfortunate because I think the members of our Police Force continue to do the very best that they can in upholding the rights of the residents of the Town.

Carol has the respect and the high regard of those who serve with her on the Police Force and that bodes well not just for her accomplishments, but for those intangible factors that do not come out so readily in a resume.

The Town’s Police Department and the fine reputation that it continues to possess can be attributed to the diligent efforts of Carol over the last year, as well as to the efforts and leadership of her predecessor and former Chief, James Murley.

I am in favor of Carol, but a lot of discussion has been had and, perhaps, it makes for good press that we have an opportunity to promote a woman.

I’m in favor of Carol not because she is a woman but because, I believe, she is the most qualified candidate for the position.  Having said that, however, I am most proud that our Town Board this evening is considering the promotion of Carol as Chief and that by promoting her as Chief we have an opportunity to send a message to all that someone who is most qualified, who is eminently qualified, can rise from the ranks and be promoted as a Police Chief. And that we fully embrace the well-reasoned rationale behind that process.

The conclusion that a woman who, if and is, qualified should be promoted Chief of Police is a concept we should embrace.

I hope the conclusion that we draw this evening is similarly welcomed and is endorsed by other municipalities throughout the State and, for that matter, throughout the country.

Much has been said, as well, about Carol’s accomplishments and about her accreditations by other members.

And, perhaps Carol, either fairly or unfairly, has been pictured as someone who did not get the job done when it has come to the Accreditation of our Police Department; a process, which is, in itself, an arduous task.

But, I asked all of the interviewees: “how important is it?” I think, without exception, they indicated that it is important, but it is not absolutely imperative to be Accredited.  If it were [important], we would not have received as many applicants for the position knowing, full well, that our Police Department is not Accredited. But, we should continue our efforts toward the Accreditation process and Carol may be in a prime position to ensure that it is accomplished.

I have been asked many times about tonight’s vote whether I think it will come down to partisan and political lines.  I think that if it were, it would be a rather unfortunate circumstance.

But, inevitably, this Board has considered votes and sometimes it comes down to partisan lines and, perhaps, in the future it will, as well.

I think that tonight it would be unfortunate if the votes come down on a partisan and political nature for the promotion of Carol Lawlor as our next Chief of Police.

I sincerely hope that tonight’s vote represents an exception and a far better rule; that the best qualified candidate deserves the position.

I believe that Ms. Lawlor is fully qualified and is, therefore, entitled to receive unanimous support from the members of the Town Board.  But, be that as it may and even if she should not, she should, at a minimum, be promoted as our next Police Chief here in the Town of Guilderland.

It is for these reasons, and many more, that I wholeheartedly endorse Carol Lawlor as our next Chief of Police in the Town of Guilderland.

                                                 

Councilman Grimm - Opposed, stating,

“I want to thank the crowd for coming out. You’re all behind Carol Lawlor and that’s great. It’s a positive thing. She’s the hometown person and it does speak highly of Carol that she is able to have this size of a turnout.

But I have a different responsibility. I have to step back and look and do what is best for Guilderland.  
And I understand it’s not an easy thing for candidates to have their pluses and minuses discussed in the open, so I want to thank them all very much. I do feel though the public needs to know what has taken place and, keep in mind, there are only five of us who really know what has taken place in this process.

I thank Carol Lawlor for over 30 years of service to this Town. Carol, you are a compassionate person, a loving parent, someone concerned about Guilderland’s well being.

But I agree with Councilman Redlich’s evaluation --- the evaluation took the personalities out of the equation and really did speak directly to the merits. On the merits, Acting Chief Lawlor is not the strongest candidate in my view.

Some background on the process:
We interviewed eight candidates. They were thorough interviews. If any Town Board member wanted to interview a candidate, Supervisor Runion made that happen. I thought that was very accommodating on his part. Thank you.

We also had some very good discussions about the candidates and about what kind of police department we want in Guilderland.

But the facts are also clear --- we end this process right where we began --- with Carol Lawlor as Police Chief. The merits should have taken us in a different direction.

This decision matters for many reasons. It matters because though we rarely have the murders that the cities have, we do have crime problems: drugs, underage drinking, drunk driving, Internet predators, Crossgates security.

We face 21st century crime challenges affecting your life, and your children’s lives. We need the best leadership we can find with a search that is not based on personal loyalties alone.
We have many fine police officers who need the best guidance we can provide.
This selection is a “missed opportunity.” We are choosing the status quo, when we can do better.
And finally, this about openness:
It’s certainly possible the same people can see the same evidence and draw different conclusions.
But that’s why this open debate is so important. This debate would not have taken place here in the last eight years. This would have been another quiet, 5-0 vote. And when it comes to government, “quiet” is overrated.

You would not have known about the strong merits of other candidates. And the issues we’ve raised will hopefully make our department stronger.

You are entitled to the “whole story” and, I hope, you always will insist on getting it.
Thank you for your attention.  I vote no on the Carol Lawlor nomination”.

                                         

Supervisor Runion - Aye



Stating,  
“Well, its times like this that make being a Town Board member or a Supervisor not that great an experience.  We have endured a lot over the last six months with a change in the makeup of the Town Board and I have to say that this is probably one moment when I feel the most embarrassed for this Board as a whole.  This is a day when we should be cherishing an individual who has moved through the ranks through great achievements in the Guilderland Police Department.

Unfortunately, two of our Town Board members started this process as far back as October of 2007 in, what I believe to be, a prejudicial view of Acting Chief Carol Lawlor.”

He continued with a history of his relationship with Carol Lawlor and apologized to her for having to endure such a long and arduous process. He stated that it showed her character, showing her to be a warm, compassionate person, able to work well with other people, enduring good times and bad times, a loyal and devoted mother and employee of the Town.

He stated, “I personally have seen many people achieve greatness with minimal educational background and occasionally have seen people who are overeducated who have not been able to accomplish anything.  But you have taken your experience, and I think that is the most important item that we look at here as a Board this evening, and that is your experience. 

Your time with the Town of Guilderland, your time with this community.  I can tell you that the other candidate that was offered by the minority Republicans on the Board this evening, indicated that he would not live in the Town of Guilderland if he was appointed Chief of Police, and to me, I think, that is another extremely important qualification of the person that we appoint as Chief of Police.  If you don’t want to live here, I don’t think that you really want to be Chief of Police of the Town of Guilderland.

Over the last several months, this Board has had to endure a lot of comments concerning openness, taxes and a variety of other issues.  Those are all unfounded accusations; it’s all political cannon fodder.  This Town Board, over the last eight years, has always held an open process; the process for Chief was no different.

I really take issue with the constant attacks on the openness of the Town Board.

Again, I know that tonight we are going to appoint the best person for the job, we are going to appoint the person that deserves the job, and we are going to appoint the person who is going to take the Guilderland Police Department into the future.  I know that Carol is not going to look back; she is going to look forward.  She had excellent credentials, excellent leadership qualities and she has a compassion that I did not see in any of the other candidates that we interviewed.  This is a community oriented police department. We are not, as others want to insinuate, a high crime territory and it is with compassion that our police department serves the residents of this community.

I think that it also to Carol’s credit that on a weekly basis we get a number of letters, and Carol responds to them all, about our police officers and the fine job that our police department has been doing. 

I know that Councilman Pastore alluded to it, but everyone of our interviewees said the Guilderland Police Department is well respected amongst the various police agencies in the Capital District and I know that is because of the hard work and devotion of Carol Lawlor and the rest of the men and women who are serving in the Guilderland Police Department.

But, tonight it’s over, and tonight I am casting my vote for Carol Lawlor as Chief of Police.”

He asked Chief Lawlor to say a few words.

Chief Lawlor stated, “ I would like to thank the Supervisor and members of the Town Board who supported me and I won’t let you down, I am very proud to be the Police Chief.  For those of you who didn’t support me, I hope that we can put public safety first and that’s the most important thing here.

I would like to thank everyone who’s here tonight, thank you so much, that means the world to me.  Thank you again, I won’t let you down.”

Break: 8:22 PM / Returned:  8:40 PM.

Agenda items:

MOTION #130  Councilman Redlich moved to APPROVE AUTHORIZING A WARRANT ADJUSTMENT FOR PREMISES LOCATED AT 1828 WESTERN AVENUE DUE TO A BILLING ERROR.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                        Councilman Redlich              Aye
                                        Councilwoman Slavick    Aye
                                        Councilman Pastore              Aye  
                                        Councilman Grimm                Aye
                                        Supervisor Runion               Aye

MOTION #131  Councilman Redlich moved to APPROVE AUTHORIZING THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT FOR THE GUILDERLAND WATER DISTRICT.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                        Councilman Redlich              Aye
                                        Councilwoman Slavick    Aye
                                        Councilman Pastore              Aye  
                                        Councilman Grimm                Aye
                                        Supervisor Runion               Aye

Item #4 on the agenda concerned the appointments of Michael S. Dean and Greg G. Forgea as telecommunicators from the Albany County Civil Service list.

Councilman Redlich suggested that since one of the proposed candidates was not the highest scorer compared to one of the others candidates on the test; he wanted it discussed in Executive Session.

MOTION #132  Councilman Redlich moved to ENTER INTO EXECUTIVE SESSION AT 8:43 PM TO DISCUSS THE APPOINTMENTS OF MICHAEL S. DEAN AND GREGORY G. FORGEA AS TELECOMMUNICATORS FROM THE ALBANY COUNTY CIVIL SERVICE LIST AS RECOMMENDED BY THE POLICE DEPARTMENT.  Councilman Grimm seconded the motion and it was carried by the following roll call vote:

                                        Councilman Redlich              Aye
                                        Councilwoman Slavick    Aye
                                        Councilman Pastore              Opposed  
                                        Councilman Grimm                Aye
                                        Supervisor Runion               Opposed

MOTION #133  Supervisor Runion moved to APPROVE THE APPOINTMENT OF MICHAEL S. DEAN AS TELECOMMUNICATOR FROM THE ALBANY COUNTY CIVIL SERVICE LIST.  Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:

                                        Councilman Redlich              Aye
                                        Councilwoman Slavick    Aye
                                        Councilman Pastore              Aye  
                                        Councilman Grimm                Aye
                                        Supervisor Runion               Aye

MOTION #134  Supervisor Runion moved to APPROVE THE APPOINTMENT OF GREG G. FORGEA AS TELECOMMUNICATOR FROM THE ALBANY COUNTY CIVIL SERVICE LIST.  Councilman Pastore seconded the motion and it was carried by the following roll call vote:

                                        Councilman Redlich              Aye
                                        Councilwoman Slavick    Aye
                                        Councilman Pastore              Aye  
                                        Councilman Grimm                Aye
                                        Supervisor Runion               Aye

MOTION #135  Councilwoman Slavick moved to EXIT EXECUTIVE SESSION AT 9:10 PM.  Councilman Redlich seconded the motion and it was carried by the following roll call vote:

                                        Councilman Redlich              Aye
                                        Councilwoman Slavick    Aye
                                        Councilman Pastore              Aye  
                                        Councilman Grimm                Aye
                                        Supervisor Runion               Aye

MOTION #136  Councilwoman Slavick moved to ADJOURN THE JUNE 3, 2008 TOWN BOARD MEETING AT 9:12 PM.  Councilman Grimm seconded the motion and it was carried by the following roll call vote:

                                        Councilman Redlich              Aye
                                        Councilwoman Slavick    Aye
                                        Councilman Pastore              Aye  
                                        Councilman Grimm                Aye
                                        Supervisor Runion               Aye





                                         
                                                Respectfully submitted,





                                                Rosemary Centi, RMC
                                                Guilderland Town Clerk