Battery Park City Removing All Law Enforcement Officers

An AlliedBarton “safety ambassador” on the southern end of Battery Park City. On Wednesday the Battery Park City Authority board secretly voted to remove all law enforcement officers from the premises and replace them with civilian AlliedBarton employees.
Manhattan

By Geoffrey Croft

The Battery Park City Authority (BPCA) secretly voted this week to remove all the Park Enforcement Patrol officers, NYC Park Advocates has learned.

The board voted to allow its contract with the Parks Department to expire on Sunday night.  The secret vote occurred in an Executive Session after the authority’s monthly board meeting on Wednesday.  The deal replaced the current $ 2.5 million dollar PEP contract.

For months BPCA officials have told the public that a percentage of PEP officers would remain along side AlliedBarton “safety ambassadors.”

The Battery Park City Authority’s controversial decision to replace Park Enforcement officers with civilians with no law enforcement powers has sparked outrage from residents of the sprawling complex.

The BPCA board had approved a contract for up to $ 2.1 million with AlliedBarton, another $ 400,000 would be allocated for PEP officers officials said.

The Parks Department was kept in the dark about the move until yesterday afternoon according to several city sources. The agency had reached out to BPCA this week several times but got no response.

On Friday afternoon Parks Department’s general council Alessandro Olivieri was finally able to get in touch with the BPCA.

The last tour for the PEP officers will be on Sunday night.  All forty PEP personnel including thirty officers and supervisors, and ten CSA’s will be reassigned to other commands.

Wednesday’s secret vote comes after a group of teens were viciously attacked and robbed in a dark alley in Battery Park City in December.

The attack left one of the victims with a concussion, a skull fracture, bleeding in his brain in three places and a swollen shut eye.

The incident sparked outrage by the victims who claimed the newly hired AlliedBarton safety ambassadors did not intervene to help the teens and delayed calling the police.

“AlliedBarton security personnel on duty did nothing to help the children,” the mother of victim said afterwards.

The actions of AlliedBarton employees further renewed the fears of residents and elected officials who have complained bitterly since finding out about the Authority’s move to replace PEP offices with civilians in October.

In December city, state,and federal elected officials send a letter to Dennis Mehiel criticizing the AlliedBarton move:

Battery Park City Authority board chairman and CEO Dennis Mehiel was blasted at a community meeting last month over the proposed hiring of AlliedBarton.  At the meeting he stated that they were still in negotiations between the City and BPCA.

Mr. Mehiel abruptly excused himself from the meeting leaving of long line of angry residents waiting to speak.

One recent plan called for having PEP officers work two tours comprising of 24 officers in total according to a city source.

The secret ousting of the PEP officers comes amid growing outrage over several recent decisions by the Board without community consultation and transparency.

Calls for the city to take over the Battery Park City in the wake of these decisions have also been renewed.

This week State Senator Daniel Squadron and Assemblywoman Deborah Glick announced the introduction of a bill that would require a majority of BPCA members to be local residents. Only one of the current BPCA’ seven-member board lives in Battery Park City.

The Authority board is appointed by the governor, and confirmed by the State Senate.

“They televise the board meetings then go into executive session. They do all the dirty stuff behind closed doors, “ said a Battery Park City resident.

Several requests seeking comment from the Battery Park City Authority were not returned.

Read More:

Two Arrested In Brutal Battery Park City Attack 
A Walk In The Park - January 13, 2015 -  By Geoffrey Croft

Teens Viciously Attacked In Battery Park City While AlliedBarton Security Ambassador Watched
A Walk In The Park - January 7
2016

Two Arrested In Brutal Battery Park City Attack

Police have arrested a 16, and 14-year-old wanted for attacking and robbing two sixteen-year - old teens in this dark alley in Battery Park City on December 19th.  Victims and witnesses charge that a newly hired AlliedBarton "security ambassador" did not intervene and delayed the calling of the police.  The attack left one of the victims with a concussion, a skull fracture, bleeding in his brain in three places and a swollen shut eye.   All nine of the area's lights are out at the time of the attack.  (Photos by Geoffrey Croft/NYC Park Advocates) 

Manhattan

By Geoffrey Croft

Police have arrested two teens wanted in connection with the brutal attack and robbery of two 16-year-olds in Battery Park City last month, NYC Park Advocates has learned. 

A 16-year-old was arrested yesterday and charged with Robbery, Second Degree, and Assault. 

Police arrested a 14-year-old suspect on January 9th. He was charged with Robbery, Third Degree.     

Both suspects live on the lower Eastside near the Brooklyn Bridge. 

 

The incident sparked outrage by the victims who claim the newly hired AlliedBarton “safety ambassadors”  did not intervene to help the teens and delayed calling the police.  

The incident occurred just one day after AlliedBarton employees began working at the 92-acre complex.

The Battery Park City Authority (BPCA) who hired AlliedBarton, states that employees,  “acted appropriately by immediately contacting NYPD, EMT services and the PEP,” a claim that victims and their parents vehemently deny.  

The actions of AlliedBarton employees has renewed the fears of residents and elected officials who have complained bitterly since finding out about the Authority’s move to replace PEP offices with civilians at a October BPCA board meeting.

Victims and witnesses said on the night of December 19th, four teens - two males and two girls - had just left Shake Shack on Murray Street when they noticed they were being followed by a group of approximately fifteen black teens, mostly males. 

The group surrounded them in a dimly lit area near the ballfields.

 “They (four people) were kicking him while he was unconscious," said the friend who also sustained injuries during the beating.

 “The security guard just stood there and watched and did nothing,”   the victim said of the AlliedBarton employee.

"He wasn't even yelling at them," the victim continued.

"He was just standing there, doing nothing. He couldn’t care less. it’s scary. Instead calling the police, he called his supervisor.

It took the police between 20 and 30 minutes to come.” 

"He stood there and watched it happen," one the girl explained.  

"I said, 'you are not even yelling at them to stop it. He said,'I can’t get involved.' He kept saying, 'I can’t get involved."' 

"I was terrified," she said. "It was very traumatic."

Several victims said the ambulance was delayed while the AlliedBurton employees figured out what to do.  

"AlliedBarton security personnel on duty did nothing to help the children" the mother of victim with a concussion said in a statement. 

The teens were attacked on Saturday, December 19th while walking through the Terrace, a dimly lit area near the ballfields and the Asphalt Green, between North End Avenue and Murray St.  just after 10 p.m.

Teens Viciously Attacked In Battery Park City While AlliedBarton Security Ambassador Watches

A Walk In The Park - January 7, 2016 - By Geoffrey Croft 

Teens Viciously Attacked In Battery Park City While AlliedBarton Security Ambassador Watches

"AlliedBarton security personnel on duty did nothing to help the children. "  - Mother of Victim 

Two sixteen-year old teens were viciously attacked in this dark alley in Battery Park City while a newly hired AlliedBarton "security ambassador" watched, according to victims and witnesses of the assault.  During the assault one of the victims fell to the ground and hit his head on a concrete ledge (above) and lost consciousness. He suffered a concussion, a skull fracture and bleeding in his brain in three places.  All nine of the area's lights are out.  (Photos by Geoffrey Croft/NYC Park Advocates) Click on image to enlarge. 


Manhattan

By Geoffrey Croft

The nightmare that Battery Park City residents had worried came to fruition and in record time.

Two 16-year-old teens were attacked and robbed by a group of up to fifteen people a few days before Christmas while newly hired AlliedBarton “security ambassadors” stood by and watched, NYC Park Advocates has learned. 

The vicious attack left one victim with a fractured scull and blood in his brain in three places and hospitalized for several days.  

The incident occurred just one day after AlliedBarton employees began working at the 92-acre complex.

The Battery Park City Authority's controversial decision to replace Park Enforcement officers with civilians with no law enforcement powers has angered residents of the sprawling complex.  

Victims and witnesses said on the night of December 19th, four teens - two males and two girls - had just left Shake Shack on Murray Street and were on their way to walk along the promenade when they noticed they were being followed by a group of approximately fifteen black teens, mostly males. 

The group called them over, cornered them, and surrounded them in a dimly lit area near the ballfields.

The teens were attacked on Saturday, December 19th while walking through the Terrace, a dimly lit area near the ballfields and the Asphalt Green, between North End Avenue and Murray St.  just after 10 p.m.

The teens told the two girls to keep walking. 

According to one of the victims an assailant said, “what would you do if I hit you?"

A fight ensued. Several in the gang began violently punching them from behind. One of the victims fell to the ground and hit his head on a concrete ledge and lost consciousness.

“They (four people) were kicking him while he was unconscious," said the friend who also sustained injuries during the beating.

 “The security guard just stood there and watched and did nothing,”   the victim said of the AlliedBarton employee.

"He wasn't even yelling at them," the victim continued.

"He was just standing there, doing nothing. He couldn’t care less. it’s scary. Instead calling the police, he called his supervisor.

It took the police between 20 and 30 minutes to come.”  

While on the ground the assaliants robbed one of the victims and forcorcibly removed his wallet from his pants pocket according to the police.




The Battery Park City Authority decision to quietly replace Park Enforcement Patrol peace officers with AlliedBarton civilian "security ambassadors" has infuriated residents of the sprawling complex in lower Manhattan.

One of the girls saw an AlliedBarton employee dressed in a bright yellow vest near by on NorthEnd Avenue and begged for him to hurry up. 

"You got to hurry, they need help," said the friend who is also sixteen years old.  "He kept walking slower than you would walk even normally."

When they arrived, she said her friends were on the floor getting kicked in the head, stomach, and all over their bodies while the AlliedBarton employee did not get involved.

"He stood there and watched it happen. I said, 'you are not even yelling at them to stop it. He said,'I can’t get involved.'

He kept saying, 'I can’t get involved."' 

"I was terrified," she said. "It was very traumatic."

Several victims said the ambulance was delayed while the AlliedBurton employees figured out what to do. 

"It should've been obvious, he was hurt badly," one of the male victims said.  

"They were trying to downplay what happened, because they didn’t want to lose their jobs. They were so incompetent."

He said the most terrifying thing was seeing his friend in that state. 

The girl also said there was a long delay in calling for help while successive AlliedBurton employees were called. One by one more arrived while her friend was lying there in need of medical assistance.

"My regret was that I trusted them to call the police, that they have that under control but they didn’t," she said. 

"They weren’t helping him. They were all standing around doing nothing, it was ridiculous."

"They didn’t offer any medical help", the frigtened freind continued.  

"They were supposed to be the adults. We were the adults, we were helping him. He kept saying, 'I'm doing all I can do,"' which was nothing.

I don’t think they should be allowed to work there.  If they can’t do anything, why are they there. I kept saying. 'call the police,  call the police. Please.'"  

"They were completely useless."

Ten to fifteen minutes later the assailants were still within one block radius. Shorty after the horrifying incident, one of the girls informed the AlliedBurton employee that the perpetrators were still nearby.

 “They are right around the corner," she said.

“Mam please don’t yell at me,” the clueless AlliedBurton employee allegedly replied.

"'Aren’t you going to follow them?' I asked. He said, 'we can’t do anything.'"

"Why are they there then. No one would even follow them,"  she stated.

"They were extremely rude to me, very dismissive."

"He never even used his phone to call the police," the parent of one of the girls said.   "He used his walkie talkie to call his colleagues instead. Nobody was in control of the situation."

The female teen also noted that the area where the attack took place was very poorly lit.  

The mother of the boy severely hurt issued a statement regarding the incident.

"On Saturday December 19^th around 10pm, four neighborhood kids were attacked shortly after leaving Shake Shack in Battery Park City.  Two teenage boys were about to walk two teenage girls home when they realized they were being followed. They told the girls to run and the two boys faced at least ten attackers who surrounded them. One boy was knocked unconscious by six of the attackers who then stole his wallet, kicking him while he lay on the ground. The other was punched and kicked trying to fend off four attackers. Both went to the emergency room. One was released Sunday morning. The other suffered a concussion, has a skull fracture and bleeding in his brain in three places. His eye swelled shut and has been under intense monitoring ever since. 

The girls ran to get help. AlliedBarton security personnel on duty did nothing to help the children.   They watched and even told one girl to calm down and stop yelling. He said it was just his second day on the job. She asked him to run with her to the spot where one boy lay unconscious but he refused and walked like he was strolling through the park.  We are not sure he ever called 911.

The 1^st precinct is working diligently to find the assailants and has already identified one with an existing record."

The police said no arrests have been made and the investigation is ongoing.

PEP officers said they had patrolled the exact same area fifteen to twenty minutes prior to the incident.

"It was dead," said one of the officers at the scene. "Nothing going on."

"If we have been on the scene and witnessed the fight, it would have been a different situation," said an officer who spoke on the condition that they would not be identified. 

"EMT and the police would have been there faster. Even residents have come up to us and told us they realized that.  

If you weren’t trained, you weren’t trained, you can’t expect much from them," he said of the AlliedBarton employees, adding that the security ambassadors "are not allowed to apprehend."

The officer said the area where the attack occurred was always dark at night.

"They think keeping the lights off is a deterrent, but it only makes it more dangerous."

The Terrace entrance on Murray Street. 


Despite repeated requests the Battery Park City Authority and AlliedBurton have refused to discuss the incident or reveal if any disciplinary action were taken against any of the safety ambassadors.

They have also refused to provide the incident report filed by AlliedBurton which one of the victim’s parents described as, “full of inconstancies.”

Samantha Thomas,  Director of Communications for AlliedBarton referred all inquiries to the BPCA. 

“As our services are contracted by Battery Park City, any inquiries regarding our services there will need to be directed to Battery Park City,” she wrote.

The public found out about the controversial move to replace PEP officers from the media after a board meeting in October.

Dennis Mehiel, Chairman & Ceo of the Battery Park City Authority was blasted by residents at a contentious community meeting in December over the hiring of Allied Barton and the board’s lack of transparency about the move.  



Dennis Mehiel, Chairman & Ceo of Battery Park City Authority addressing the standing room only crowd on December 16th.

At the meeting Mr. Mehiel refused to commit to keeping the current number of PEP officers despite calls to do so.   

"Our philosophy when we entered into the process, was to be certain when we came out of the other side, nothing is going to change in a negative way for the residents of Battery Park City. That is our philosophy, that is our objective, “ Mehiel said.

“We believe the level of service will increase when we finish, that’s what we think,”  he said.

Numerous residents have called for Mr. Mehiel to resign from the board.

“I serve at the pleasure of the Governor,”  he has responded. 

Mr. Mehiel abruptly left the meeting leaving at least twenty residents waiting to speak.    

"We talked about PEP for thirty minutes, what else can we say,” Mehiel said.  

Last month numerous elected officials wrote a strongly worded letter to the Battery Park City Authority protesting the move to replace PEP officers with AlliedBarton security ambassadors.

In September an AlliedBarton employee working at the Freedom Tower across the Street from Battery Park City was arrested after stabbing McDonald's patron who reportedly threw french fries at him.

Read More:

Amid Controversy, Private Security Begins Patrolling BPC Parks 

 http://www.tribecatrib.com/content/amid-controversy-private-security-begins-patrolling-bpc-parks

Public Officials Take Skeptical View of Private Policing Local Leaders Slam BPCA Decision to Replace Parks Officers with Security Guards

http://www.ebroadsheet.com/Entries/2015/12/8_Local_Leaders_Slam_BPCA_Decision_to_Replace_Parks_Officers_with_Security_Guards.html

Battery Park City Is Privatizing Jobs Held By 45 Parks Officers

 http://www.local237.org/news-a-media/in-the-news/chief-leader/doc_view/716-battery-park-city-is-privatizing-jobs-held-by-45-parks-officers

 "Police" Bikes Used By AlliedBarton Stir Up Concerns In Battery Park City

http://awalkintheparknyc.blogspot.com/2015/11/police-bikes-used-by-alliedbarton-stir.html

Cops in Battery Park City for decades booted for private firm 

http://nypost.com/2015/11/08/cops-in-battery-park-city-for-decades-booted-for-private-firm/

Officers or Ambassadors? Community Leaders Call BPCA Decision on Security "Dictatorial" and "Crazy"

http://www.ebroadsheet.com/Entries/2015/11/10_Community_Leaders_Call_BPCA_Decision_on_Security_Dictatorial_and_Crazy.html

Battery Park City to privatize security 

Downtown Express - November 5, 2015 - By Dusica Sue Malesevic     

Green Gives Way to Yellow BPCA Hires AlliedBarton, A Private Security Firm, to Take Over from Parks Patrol 

The Broadsheet - October 30, 2015 - By Matthew Fenton

Private Security Firm Hired to Replace Most Battery Park City 'PEP' Officers
TribecaTrib - October 27, 2015 - By Carl Glassman

"Police" Bikes Used By AlliedBarton Stir Up Concerns In Battery Park City

 Manhattan

By Geoffrey Croft

Tensions have grown even higher over Battery Park City's secretive plan to replace PEP officers with private ambassadors.

Is AlliedBarton and the Battery Park City Park Authority deliberately attempting to mislead the public into believing they are getting police officers? 

That's a question some are asking after a highly visible piece of new equipment arrived in the middle of the night and into the park this afternoon.  

Seven black bicycles with the word "police" written across the frame in large letters were delivered overnight this morning to the Battery Park City Park (BPC) Park Enforcement Patrol command. Several BPC sources say are intended to used by AlliedBarton "Security Ambassadors" in Battery Park City.

Several personnel were seen training on the bikes along the esplanade this afternoon weaving in and out of bright orange safety cones with instructors. 

Concerns are being raised regarding the use of the word POLICE on the bikes as it is illegal to impersonate a police officer or give that impression. 

"Why do they have bikes that say police on them, " asked Local 983 President Joe Puleo who represents the PEP officers. 

"It's a crime to identify yourself as a police officer or a peace officer when you are not."

S 190.26 Criminal impersonation in the first degree.     A  person is guilty of criminal impersonation in the first degree when   he:     1. Pretends to be a  police  officer  or  a  federal  law  enforcement   officer  as enumerated in section 2.15 of the criminal procedure law, or   wears or  displays  without  authority,  any  uniform,  badge  or  other   insignia  or  facsimile thereof, by which such police officer or federal   law enforcement officer is lawfully distinguished or expresses by his or her words or actions that he or she  is  acting  with  the  approval  or   authority   of  any  police  department  or  acting  as  a  federal  law   enforcement officer with the approval of any agency that employs federal   law enforcement officers as enumerated in section 2.15 of  the  criminal   procedure law; and     2.  So  acts with intent to induce another to submit to such pretended  official authority or otherwise to act in reliance  upon  said  pretense and  in  the  course  of  such  pretense commits or attempts to commit a  felony;   

Seven bicycles with the word "police" written across the frame in large letters were delivered overnight to the Battery Park City Park (BPC) Park Enforcement Patrol command. 

"No bicycles used by AlliedBarton in Battery Park City will say “police,” The Battery Park City Park Authority said in a statement.  

"The bicycles that were present in the Regatta are a model made by Fuji called “Police Patrol.” Any markings are purely branding by Fuji and will be removed prior to use."

The issue comes ten days after an AlliedBarton representative denied that one of their security guards was involved in a stabbing incident while on duty at the World trade Center on September 14th. 

John McArdle, AlliedBarton's regional operations manager was asked about the incident at the November 2nd Community Board 2 meeting. He said an employee of the company was not involved.  

Saul Puente,  an AlliedBarton Security Services employee was arrested and charged with felony assault according to police after someone threw french fries at him. He allegedly slashed the victim in the face and stabbed him in the chest before fleeing down Fulton Street.

Personnel were seen training on the bikes along the esplanade this afternoon with instructors. PEP officers have 24-hour Peace Officer status with arrest powers while AlliedBarton "security ambassadors" have no arrest powers.

Battery Park City Authority's controversial plan to replace most the 45 PEP officers with AlliedBarton "security ambassadors" who have no arrest powers has not sat well with residents.   The public found out about the move after the Authority board voted on the plan at its October 27th meeting which was reported by a local paper.  

At the  Novemver 2nd Community Board 1 meeting a BPCA representaive put the deal with  AlliedBarton at  $1.8 million.

After the meeting a BPCA spokesperson said the board approved a contract not to exceed $ 2.1 million to the private security firm.  The deal would replace the current $ 2.5 million dollar PEP contract. 

A flyer circulated after the news broke slamming the plan.

"Shame on the Battery Park City Authority (BPCA) for ONCE AGAIN making a behind Close Door Deal without asking the residents and the community,"  the flyer read in part.  

"Taxation Without Representation

We do not need '"Customer Service Agents"' who are unable to enforce the law and will be unable to protect not only the residents of Battery Park City but the millions of people who visit our parks annually," the flyer said. 

The BPC Authority was blasted at a Community Board 2 meeting last week for several issues including springing the PEP plan on the residents without any input from the people who live and pay for the security through fees assessed by the NY State run group.  

Read More:

Police: WTC Security Guard Stabs Man After Dispute At Lower Manhattan McDonald’s

SECURITY GUARD AT WORLD TRADE CENTER SITE ACCUSED OF STABBING MAN IN MCDONALD'S DISPUTE

WTC guard slashes man who threw French fries at him: cops

WTC Security Guard Accused of Stabbing

WTC guard accused of slashing another man over a French fry fight at downtown McDonald's, police say

Beloved PEP Officer Gerald Esposito Passes Away

PEP Officer Gerald "Jerry" Esposito.  "It is my belief that God called him, whom I know he loved very much, after a life of kindness, service and example to others."  -  Friend


Bronx

By Geoffrey Croft

A beloved Park Enforcement Patrol officer has passed away NYC Park Advocates has learned. 

Gerald Esposito, 65, was found in his home on Pauling Avenue in the Morris Park section of the Bronx Monday by colleagues after he failed to report for work on Sunday.

It is believed he passed due to natural causes. 

He had just celebrated his 65th birthday and his ninth year as a PEP officer.

"Jerry" Esposito served in the Battery Park City Command and in Hudson River Park. 

A veteran of the United States Navy he served on active duty for two years and eight more as a reservist  before he joined the Parks Department as an officer on September 19, 2005, according to Parks'. 

"I just started crying,"  fellow officer Jessica Torres said when she found out.

"He was a very compassionate caring person who went out of his way to help people. He was never confrontational," she said.

Torres, who worked with him at Hudson River Park,  was told that when he left work on Saturday he complained about neck and shoulder pain.  He died later that night.

"We just saw him. He just turned sixty-five. We were just talking about how there were only four of us left who graduated from the academy together.  Everyone left.

"He was just so nice, so humble," she said.

 “Gerald Esposito touched many lives during his tenure at Parks and he became an important presence on his post at Battery Park City," the Parks Department said in a statement.

"His love of the City and its history made him a welcome presence for so many New Yorkers. Our thoughts are with Gerald’s family and friends at this time.”

He is survived by a younger brother Phillip Esposito who lives in California.

NYC Settles Claim Of Race Based Transfers of Park Police Assigned To Battery Park City

Adam Pratt, a Battery Park City resident who has had numerous run-ins with Park Enforcement officers, is seen here in a YouTube video being led to an ambulance in handcuffs on January 29, 2011 after a confrontation with officers.  According to a lawsuit filed by officers Mr. Pratt allegedly struck a female Park Enforcement (PEP) officer and assaulted another officer, a 62-year-old while attempting to flee. 

A few months after the incident eight dark skinned PEP officers were transferred and eight light skinned ones were bought in.  In the video Capt. Falcone can be heard saying that one of his officers was assaulted, yet no charges were filed and the summons issued to Mr. Pratt mysteriously disappeared.  The Parks Department blamed the Police Department for losing the tickets.  PEP officers and their union Local 983 claim the Parks Department and  Battery Park City Authority tried to sweep the incident under the rug in an effort to protect the City's multi-million dollar annual contract for PEP services and promote, "customer service." 

During the incident Mr. Pratt shouted that Police Commissioner Ray Kelly was his neighbor and that he knew him according to the complaint.

Manhattan

By Geoffrey Croft

The City of New York and the Parks Department agreed to settle a Federal Civil Rights Discrimination lawsuit filed two years on behalf of Park Enforcement Patrol officers (PEP) in Battery Park City. The suit claimed the officers had been discriminated against and unfairly treated in violation of their civil rights under the Equal Protection Clause of the Fourteenth Amendment based on their color and race. 

Battery City Park residents led by then Battery Park City Authority president Gayle Horowitz, demanded the black officers to be transferred out and white officers to be transferred in. 

The suit alleges that then New York City Parks Commissioner Adrian Benepe succumbed to Horowitz’s and residents’ pressure to move out dark skinned officers-setting the stage for Horowitz to take credit with her residents and make the false public statement that she got the transferred officers fired.  (Ms. Horwitz resigned In October admist an ongoing controversy over the long-delayed opening of the $55 million Asphalt Green, community center.)

13 individual officers and Local 983 agreed to a monetary settlement.  The City has agreed to pay $ 165,500 in total including attorneys fees.

Although the involuntary transfers all occurred on the same day in March 2011 the black officers transfer orders were back dated by the Parks Department to months earlier in an obvious effort to cover up and avoid exposure to claims of discrimination and unequal treatment.  The white officer's transfer orders however were dated correctly.  Finally,  with a clean sweep,  the black female sergeant who supervised the day tour was involuntarily transferred to the night shift.  Ostensibly,  so that she would have little interaction with Battery Park’s predominately white residents.

A flier targeting PEP officers that was put up around Battery Park City. (Images: NYC Park Advocates)  

The Battery Park City Authority has a $ 2.7 million annual contract with the City to provide PEP services in Battery Park City. 

Prior to the unlawful transfers, the Park Enforcement Patrol (PEP) officers who patrol the park’s 35 acres and surrounding streets consistently complained that they were rarely backed by upper management within the city.  Rather, the officers’ claimed that, the city seemingly cedes authority over its officers, in violation of Civil Service Law, to the Battery Park Authority in an effort to protect and maintain the lucrative private security contract it has with the Authority.

The environment in which the black officers patrolled was routinely saturated with hostility including graffiti containing Nazi symbols and racist comments (photographs of the graffiti are in the possession of the city and upon information and belief the graffiti was made by certain residents of Battery Park)  posters, and anti-PEP chalk drawings on the sidewalks were also displayed. 

Officers saw  "PEP Niggers Out"  scrawled on a park bench in black marker opposite 70 Little West Street. 

This unlawful behavior reached a climax in January 2011 the suit claims when a white Battery Park City resident, Adam Pratt attacked and assaulted a black female officer and a 62-year-old black male officer.  The white resident was ultimately arrested and brought to Bellevue Hospital by EMS as an Emotionally Disturbed Person for psychiatric evaluation.

Pratt reportedly became "violent" with the EMS personnel in the ambulance and was classified as an "emotionally disturbed person," an FDNY spokesman said.  

The supervisor Capt. at the scene of the incident was Adrain Benepe's former driver, Eddie Falcone who allowed a friend of Mr. Pratt's to ride in the ambulance to the hospital which is against regulations.  Video of PEP officers who accompanied Mr. Pratt shot inside Bellevue Hospital was subsequently released on YouTube.  

Mr. Pratt was subsequently released with no assault charges and his summons for disorderly conduct mysteriously disappeared all in what the officers’  and Local 987 claim is an effort by the Battery Park City Authority and the Parks Department's management to promote positive public relations and promote "customer service."  In a deposition the Parks Department claimed the NYPD lost the summons issued to Mr. Pratt.

At Bellevue Hospital Captain Falcone told the assorted PEP officers that it would not look good for public relations purposes if Pratt was arrested and instructed an officer to issue him assorted summons insread the suit claims. 

Videos of PEP officers being confronted in Battery Park City by are still routinely posted on YouTube by Mr. Pratt including during one filmed during an evacuation during Hurricane Sandy.

"Watch this, watch this," Mr. Pratt says moments before PEP Capt. Falcone politely asks him to leave the promenade. 

Pratt has repeatedly claimed that PEP officers have a "vendetta" against him.  After the incident he filed a $5 million lawsuit against the City and alleging "false imprisonment, false and unlawful arrest, excessive use of force,  assault and battery and violation of the claimant's civil rights.

Assistant Parks Commissioner Michael Dockett and Inspector Robert Reeves, who oversee the PEPs, attended a meeting weeks after the January incident and committed to work with the residents.

"We are going to fix this problem," Reeves said.

In the ensuing weeks the Parks Department implemented customer service and conflict resolution training for the officers.

The black officers were subjected to numerous interrogations by the city and were ultimately involuntarily transferred pursuant to back dated orders,  despite not having been accused or involved in any misconduct.

The officer's lawsuit claims January incident was white washed and resulted in the additional involuntary transfer out of Battery City Park of five (5) of some of the most productive and senior officers who are dark skinned and the simultaneous transfer into Battery Park of eight (8) white and light skinned officers.  

One of the transferees, a white sergeant working in Central Park who had requested a transfer to Battery Park only weeks earlier and was told there were no openings, asked “ why now?” and his supervisor indicated that it was because of the color of his skin. 

According to a statement the settlement will not address remedying the blatant disrespect by residents for the officers and the laws they are sworn to uphold. The lawsuit alleged that the outrageous and despicable comments and epitaphs made towards the minority officers, the hostile work environment and the inability to perform their function have gone unchecked by either the city or the Authority.  The City refused to address any injunctive relief requested by the Union including the creation of a committee dedicated to improving relations between the officers and the BPC community.

The 13 individual officers and Local 983 agreed to a monetary settlement, and 12 of the officers agreed to give the 13th officer who was the victim of the January 2011 physical attack by the White BPC resident,  a share of their monies to help compensate him because his injuries have not resolved and the City is threatening his job.

Local 983 Vice President and Urban Park Ranger Joe Puleo has been critical of the Park Department’s laissez faire attitude and inaction which he often cites as the reason for public safety compromises in the parks. 

The suit was filed by Linda M. Cronin of Cronin & Byczek,  LLP in the United States District Court,  Southern District of New York– on behalf of the PEP officers and members of Local 983 and AFSCME and AFL-CIO.

Nearly 10 years ago Cronin‘s firm got a jury verdict on behalf of 22 dark skinned NYPD officers when the jury found that NYPD was liable for virtually the identical unlawful conduct.  NYC lost a Second Circuit Appeal and a bid to appeal to the United States Supreme Court on the $ 1.3 million dollar jury verdict for the illegal involuntary transfer of black officers into the 70th Precinct in the wake of the Abner Louima incident. 

The environment in which the black officers patrolled was routinely saturated with hostility including graffiti containing Nazi symbols and racist comments was made by certain residents of Battery Park.  Posters, and anti-PEP chalk drawings on the sidewalks were also displayed. 

Officers saw "PEP Niggers Out" scrawled on a park bench.

Read More:

13 minority Parks Department workers get $165,000 settlement after 
being transferred out of Battery Park City in favor of lighter-skinned workers
New York Daily News - March 27, 2013 -  BY Ginger Adams Otis