Parks Dept. Flouts State Law On Officer Training

Jeopardizing Public Safety. The New York State Division of Criminal Justice Services notified the Parks Department last year that they were not in compliance with state law concerning the training of its Park Enforcement officers and Rangers, regarding batons and peper spray but the agency has refused to fully comply. The Urban Park Service division, run by Assistant Commissioner Michael Dockett, has continued to ignore State law mandating annual recertification of its enforcement officers.  On Thursday the agency began scrambling to try to get into compliance after being notified of an impending story. (Photo: Geoffrey Croft/NYC Park Advocates) click on image to enlarge.

Despite being in violation of the law,  DPR press representative Arthur Pincus, (former NHL spokesperson)  said last week, “Parks is in full compliance with applicable regulations." 

Park reps are even attempting to claim they have until the end of the year to comply despite being in violation for years. 


City-Wide

By Geoffrey Croft

The City's Parks police and rangers have been illegally carrying batons and mace for years NYC Park Advocates has learned.

Many Parks Department PEP officers and Rangers are not qualified to carry the defensive items because they are not receiving training by certified instructors recognized by NY State,  according to documents obtained through a Freedom Of Information Law Request.

The Parks Department is ignoring State law mandating annual recertification.  The parks division responsible for its officers, the Urban Park Service run by Assistant Commissioner Michael Dockett, has continued to ignore the law despite being notified by the State last year. 

The non-compliance not only puts the public and officers in danger but also exposes the city to potential legal liability if a member of the public is injured.

As required by State law all peace officer training have to comply with the Training Guide for Peace Officer Employers written by NY State Division of Criminal Justice Services (DCJS).

According to the guide PEP and Rangers require special training by a state certified instructor in both baton and oc spray  (pepper spray) as well as yearly training in such. The rosters for these classes are sent to the state for compliance. 

Despite being notified by the state the Parks Department has continued to violate the law and allowed its peace officers to go uncertified. 

On March 20, 2012,  the NY State Division of Criminal Justice Services (DCJS) notified the Parks Department that they agency was "not in compliance with the minimum training requirement for peace officers," i.e. their officers were not certified to carry a baton or pepper spray, the two main defensive weapons carried by PEP.

According to New York State Division of Criminal Justice Service (DCJS) documents the Parks Department had initially attempted to claim PEP's only State certified instructor - Daniel Gitel -  had taught classes in 2011 when he did not. As part of its investigation the DCJS then asked the Parks Department to submit the curriculum which they did. That submission however contained inaccurate information. 

The state rejected DPR's claim as "deficient" and DCJS requested that the curriculum be revised to accurately reflect the dates Mr. Gitel conducted training. The DPR then "rescinded" the document they initially submitted. 

"This is in response to your Freedom of Information Law request for a 2011curriculum listing Dan Gitel as conducting Aerosol Device and Defensive Tactics training on 10/26/2011 and 10/28/11 respectively,"  DCJS said in a

Sept. 26, 2012 FOIL request response. 

"Please be advised that the Division of Criminal Justice Services (DCJS) has no curriculum showing Dan Gitel conducting training on 10/26/2011 and 10/28/11.   Attached is the curriculum reflecting that Dan Gitel conducted training on June 11, 2012 through June 15, 2012.  It is noted that while DCJS did receive a draft submission of a 2011 curriculum listing Mr. Dan Gitel as an instructor on 10/26/11 and 10/28/11, it was deemed deficient and DCJS requested that the curriculum be revised to accurately reflect Mr. Gitel conducting training from June 11-15, 2012. 

The Division no longer has a copy of the initial draft submission, as it was rescinded by NYC Parks and Recreation.  Subsequently, it was resubmitted showing Mr. Gitel conducting training from June 11-15, 2012 which is the curriculum we are providing to you. "

Several sources told A Walk In The Park that last year the Parks Department even prohibited  Mr. Gitel - then the park academy's only instructor qualified to teach defensive tactics and oc spray - from teaching until after they received the state's letter informing the agency they were not in compliance.  In absence of using certified instructors the DPR allowed people who were supposedly qualified by the manufactures to teach the class - which the State does not recognize. 

NYC Park Advocates has also learned that three PEP officers were hurt in 2011 while in the academy being taught defensive tactics class by an uncertified instructor.  The injuries consisted of broken ribs, fingers and back problems. One Capt. was out for two months recovering. The injuries also cost the taxpayers thousands of dollars while they were out of work.  

Numerous officers ripped the agency and the "leadership" of Assistant Commissioner Michael Dockett.  

"These guys are now trying to claim they have till the end of the year to comply. It's ridiculous,"  said an officer, several of which who did not wish to be identified for fear of retribution.

"They have been violating the law for years.  Dockett has the State letter, he knows. Where is DOI (Department of Investigation) in all this? 

They refuse to comply with State law regarding us receiving proper training but they mandate a two-day customer service training, they never forget that. That's all Dockett.  He doesn't care and he's in charge. He isn't made to care.

The penal law changes yearly, but we don't get those updates," the officer continued.  "We get zero legal training after we graduation.  Sometimes some of us will get certain updates on park rules,  if we are being assigned to special details, but that's about it. We don't even have a patrol guide. Its a joke.

We get these memos that are written by five-year-olds where English is a fourth language. A lot of them don't even have the name of who wrote them or the agency name or even a city.  They don't want their names on it but they expect us to follow the orders. It's laughable."

"There is no incentive to stay," said another officer. 

"Moral is at an all time low. There is no professionalism and accountability. And on top of that we risk our lives and they pretend that all we are 'eyes and ears.' They should be ashamed of themselves."

Read More:

Advocates: Parks Dept. cops should be trained before they're issued 

pepper spray and batons 

New York Daily News  -  November 11, 2013  - By Ginger Adams Otis  

Cop Sent To Hospital In McCarren Pool Melee - 3 Arrested

UPDATE

Police take two of the three arrested into custody in front of McCarren Park Pool this evening. Rodolfo Torres, 20, was charged with assault on a police officer for punching a responding cop in the face, police said. Jose Carmarso, 18, and Carlos Carmarso, 17, were charged with disorderly conduct, police said.

Although the city increased security over the weekend after Friday's incident the pool has just two NYPD officers per shift, and two PEP and 10 CSA's for a capacity of 1500 swimmers. (Photo: Courtesy Evan Rose via gothamist)

Moments after the wild scene police arrive to investigate. (Photos: Geoffrey Croft/NYC Park Advocates)

NYPD speaking with a PEP Sgt. and a City Seasonal Aid at the scene.

Brooklyn

By Geoffrey Croft

A New York City Police officer was punched in the face and sent to the hospital, and a second officer hurt while trying to subdue out-of control pool patrons this evening at McCarren Park Pool. Three people were arrested in the melee.

In a scene reminiscent of Friday night, the trouble began after a group of teens were fooling around in the pool and doing back-flips and diving. They were told by lifeguards to stop and they refused. Police were trying to assist a park security personnel enforce the rules when one began to mouth off and then became violent.

While trying to arrest one, a 20-year-old punched an officer from the 94 Pct. in the face. Another officer twisted his arm while trying to subdue an assailant. Both officers went to Bellevue Hospital and are in stable condition.

The youths were cursing and threatening the officers.

"He punched him squarely in the face," an officer said at the scene, "He really let loose. He's gonna be sore."

Police were assisted by Park Enforcement Patrol who gave chase around the pool and helped subdue some of the assailants and excorted them out. Ten others were removed.

Facility security has been called into question.

Two arrested are from Nostrand Avenue and a third is from Central Ave. According to law enforcement sources some may be members of the Ms-13 gang.

"Three youths were arrested after ignoring orders from lifeguards and security to stop running and diving into water less than five feet deep," Michael Dockett, assistant commissioner of Urban Park Service said in a statement. "Several others were escorted out by police officers."

Rodolfo Torres, 20, was charged with assault on a police officer for punching a responding cop in the face, police said. Jose Carmarso, 18, and Carlos Carmarso, 17, were charged with disorderly conduct, police said.

A police source said those arrested would probably not be arraigned until the morning.

They were still mouthing off in the 94 Pct. this evening, hours after the arrest according to a police source.

Terrified pool-goers came running out.

"These kids were trying to beat up the cops," said a frightened mother of a 2-year-old exiting the facility.

"It was scary."

The incident occurred at 5:20 this evening.

This evening police were reviewing the camera footage.

At least five lockers were also broken into today as well.

"Now people are saying they are afraid to come to the rec center," said a park employee.

"This is exactly what people said was going to happen if this place opened up.

You would have thought they would have taken precautions to make sure these things didn't happen after all this time."

A radio car in front of McCarren Park Pool after the fight.

Those arrested were taken to the 94 Pct.

Read/View More:

Violence plagues newly renovated McCarren Park pool

WABC - July 3, 2012 - Marci Gonzales

Three arrested at newly reopened McCarren Park pool for attacking lifeguards

Rodolfo Torres, 20, charged with assault on a police officer for punching responding cop in face

New York Daily News - July 3, 2012 - By Sarah Armaghan

Cop Punched in Face at McCarren Park Pool, Another Sustains Wrist Injury: Police

WNBC - July 3, 2012

Cops hurt in pool fight

New York Post - July 3, 2012 - By Rich Calder and Rebecca Harshbarger

Officer Punched in Face in Brawl at McCarren Park Pool By Brett Smiley

New York Magazine - July 3, 2012

Three Arrests after Violence Erupts at McCarren Pool Again

July 2, 2012 - By Jill Colvin

Another Day, Another McCarren Park Pool Melee

gothamist - July 2, 2012 - By John Del Signore

Security Heightened After Lifeguard Attack in Brooklyn Pool

WNBC - July 2, 2012 - By Tracie Strahan

Day After Lifeguard Attack, McCarren Park Pool Is Filled To Capacity As Security Increases

A Walk In The Park - July 1, 2012 - By Geoffrey Croft

Security Questioned At $ 50 Mil. McCarren Pool As Lifeguards Are

Attacked One Day After Opening

A Walk In The Park - June 30, 2012 - Geoffrey Croft

City Backs Down On Artists & Musicians In Washington Square Park

"In 27 years we've never lost a summons. That should tell you something. We've always abided by the law, " said Barnes.

Sand artist Joe Mangrum holding up summonses totaling $4, 750 in potential fines he received in Washington Square Park - and one in Union Square Park. The artists & musicians had been targeted by the city's new rule that prevents collecting donations near landmarks or monuments in parks. (Photos: Geoffrey Croft/NYC Park Advocates)

Manhattan

By Geoffrey Croft

The City has officially dropped issuing summonses to artists & musicians in Washington Square Park who were within 50 feet of a monument or public art installation.

Street performers had been targeted by the city's new rule that prevents collecting donations near landmarks or monuments in parks. In attempting to prohibit and restrict this activity in the park, the Bloomberg administration tried to classify these performers as vendors. The city began issuing tickets under the Parks Department's new Expressive Matter vending rules and had instructed Park Enforcement Patrol officers to write tickets which included unlawful vending and unlawful assembly.

More than a dozen tickets were either thrown out by the court or withdrawn by the Parks Department in December and January.

In February a Parks spokesperson said that 59 Notices of Violation were issued in calendar year 2011 in Washington Square Park. 23 were dismissed after a hearing, of those nine were in various states of appeal or challenge by Parks Department. The agency said that three of the appeals pertained to the performers Tic & Tac from the Bronx.

Tic and Tac from the Bronx have been performing in Washington Square Park for more than 25 years. The tickets issued to them keep getting thrown out in court.

The Parks Department said 9 of the tickets were administratively withdrawn by Parks, 10 were found in violation (guilty) - 10 were pending decisions after hearings, 7 are in default (respondent did not appear in court and has not paid the Notice of Violation.

Critics asserted that the enforcement was a violation of the First Amendment, the vending rules were not applicable and were being enforced arbitrarily. The rule also severely limited the areas in the park where these free speech activities could be done.

At a December hearing the ECB dismissed seven summonses issued to Collin Huggins, his remaining two tickets for "Unlawful Vending" were dismissed by the Parks Department prior to the hearing by mail. In multiple letters sent to the ECB, Assistant commissioner and head of Park Enforcement Mike Dockett admitted that the law the did not apply to Washington Square Park.

Mr. Huggins said he had also been threatened with arrest by PEP Commander Ray Brown.

The city had been in negotiations with Civil Rights attorneys Ron Kuby and Norman Siegel after a December 4, 2011 press conference.

In January we reported that the city had stopped issuing summonses after the public outcry. (The Parks press office denied it) In December the City adjourned the tickets until at least January 31st.

According to Mr. Kuby the City/Parks Department took the position that as long as musicians were not "vending" from "stands," they are free to play - subject to crowd control and other relevant regulations. The musicians will no longer be written summons's for seeking donations as long as they follow the above rules. The Parks Dept. is encouraging people to apply for permits to avoid excessive crowds and conflicts with other scheduled events.

"I'm very happy that the City and the Parks Department, and the artist community have reached a Modus Vivendi," said Mr. Kuby.

On December 21st, an administrative law judge at the city’s Environmental Control Board threw out a summons issued on October 23 to Kareem “Tac” Barnes, 36, who had been performing an acrobatic dance and comedy routine with his twin brother "tic" in Washington Square Park's fountain.

The judge found that they were, "not engaged in an activity that required a permit."

The brothers, known as Tic & Tac - who hail from the Bronx - have worked with Michael Jackson and have toured with Alicia Keys. They have been performing in Washington Square Park for more than 25 years.

Mr. Barnes said all of the approximately 15 summonses they received in 2011 - totaling almost 10, 000 worth of fines - were dismissed.

"In 27 years we've never lost a summons. That should tell you something. We've always abided by the law, " said Barnes.

"They take advantage of those who do not know." I love what I do. This is an art form and as long as I'm able to perform this is what I'll be doing."

He said he was not aware that the Parks Department was appealing any of their tickets.

"The judge said (Parks) can appeal all they want but the law is the law,"

Sand artist Joe Mangrum received six summonses including five in Washington Square Park and one in Union Square Park.

"That's great," Joe Mangano said in reaction to having all six of his tickets dismissed. "They were enforcing rules that weren't in effect in Washington Square Park."

"Parks does not to want performers coming in and making money, " said an officer who spoke on the condition of anonymity."

In a controversial move earlier in the year the city had city also had attempted to prohibit performing near Central Park's Bethesda fountain.

"The Expressive Matter Vending Rules do apply in Washington Square Park and they do apply to performers and musicians who play in exchange for donations," according to a Parks Department spokesperson. "The Expressive Matter Vending Rules (at 56 RCNY 1-05(b)((5)(vi)) prohibit expressive matter vendors from placing display stands within 50 feet of a monument or public art installation. An expressive matter vendor who sets up within 50 feet of a monument or public art installation – without a display stand – is not in violation of this provision.

By The Numbers: According to the Parks Department:

59 Notices of Violation were issued in calendar year 2011:

23 were dismissed after a hearing (9 of these are currently in various states of appeal or challenge by Parks).

9 were administratively withdrawn by Parks

10 were found in violation (guilty).

10 are pending decisions after hearings.

7 are in default (respondent did not appear in court and has not paid the Notice of Violation.

Read More:

Parks Dept. Performance Summonses Put On Hold In Washington Square Park

A Walk In The Park - January 2, 2012

Crowd Denounces Parks Dept. Washington Square Park Performer Crack Down

A Walk In The Park - December 22, 2011

Bloomberg $ Cracks Down On Performers In Washington Square Park Ticket Blitz

A Walk In The Park - December 4, 2011 - By Geoffrey Croft

City Officials Keeping A Close Watch On Occupy Wall Street Rally At Union Square Park

Parks Commissioner Adrain Benepe visited Union Square Park Friday evening with the Park Enforcement Patrol (PEP) Urban Park Service head Michael Dockett. Liam Kavanagh came by a bit later in the evening. The Parks Department has pulled PEP officers from other parks and deployed six officers for the Occupy Wall Street movement in Union Square, officers they can not spare. (Nice overtime) On Saturday, OWS is planning to march from Liberty Square (Zuccotti Park) to Union Square Park. (Photos: © Geoffrey Croft/NYC Park Advocates)

"As long as they are not interfering with the rights of other people who are enjoying the park they can stay, as long as they are not blocking access they can stay," Benepe said of the protestors on Thursday.

When asked if they would be allowed to have their large Saturday rally planned for the park without a permit Benepe replied, "I really can't comment on what might happen in the future."

The City is not allowing protestors to sleep overnight in the public park. - Geofffrey Croft

Manhattan

The city will be watching like a hawk Saturday as Occupy Wall Street protesters rally in bustling Union Square, according to the New York Daily News.

“We’ll speak with the Law Department, the Police Department,” Parks Commissioner Adrian Benepe said. “We’ll handle situations as they arise.”

Benepe, who made the comments after a City Council budget hearing, said some protesters have been rallying in the park the past few days without a permit.

He said the protesters have been allowed to gather as long as they follow the rules because they haven’t been an “organized group.”

“If it’s an organized group,” he said. “that brings up other things.”

There is a midnight curfew in the park and protesters will be expected to leave by then, he said.

Councilman Jumaane Williams said the cops haven’t always been clear about what the rules are.

He said he was in the park on Wednesday and was told that it was illegal to hold up a banner.

“Let everybody know exactly what the rules are so the protesters can make informed decisions,” he said.

NYPD officers keep a watchful eye on activities in Union Square Park on Friday Night. For the past two nights police have enforced the park's 12:00am curfew. The have placed barricades around the southern plaza and prevented protesters from staying overnight.

Read More:

City officials will be keeping a close watch on Occupy Wall Street rally at Union Square Parks Commissioner Adrian Benepe said he will ensure that any demonstrators have proper permits

New York Daily News - March 22, 2012 - By Tina Moore

Occupy Wall Street Relocates To Union Square Park -

NYPD Moves Them Out Wednesday Morning

A Walk In The Park - March 21, 2012

Central Park Dog Off Leash Policy Questioned - Suit Filed After Injury

Nancy Chilton has no memory of what happened after she entered Central Park on July 27, 2010. But here's the version she has patched together from witnesses: As Ms. Chilton cycled through her second lap that morning, a dog darted in front of her bike.

Nancy Chilton sued the city, the Parks Department and the Central Park Conservancy last month after colliding with an off-leash dog in Central Park on the morning of July 27, 2010 and being seriously injured. A number people have been injured as a result of dogs being off-leash in the park. Unlike the drives in Prospect Park - dogs are apparently allowed to be off-leash on the roadways in Central Park. (Photo: Kevin Hagen for the Wall Street Journal)

"I'm not sure why we did not include the park drive" in the list of prohibited places for dogs to be off-leash, said Michael Dockett, assistant commissioner for urban parks services.

Manhattan

They collided, sending her flying over the handlebars and smashing into the pavement, cracking her helmet, according to the Wall Street Journal.

Emergency surgery removed part of her skull; she fractured her pelvis and spine and sustained permanent hearing damage. If not for doctors at New York-Presbyterian Hospital, she said, "I wouldn't have survived."

Off-Leash Consequence, Sara D. Roosevelt Park - March 10, 2011. Humans aren't the only ones at risk. An off-leash dog was tragically killed after running into traffic and being struck by a vehicle. The beloved dog and owner had been in the lower Eastside park when tragedy struck. (Photo: © NYC Park Advocates)

In 2006 the Juniper Park Civic Association in Queens sued the Parks Department over its "courtesy" off-leash hours and its lack of enforcement of existing leash laws. The City in turn amended its health code and made off-leash hours official.

While serious accidents with dogs are rare, cyclists said, a handful occur every year on Central Park's increasingly crowded roadway, the 6.1-mile loop around the edge of the park that's a jumble of bikers, roller skaters, runners, dog walkers and even cars. It is legal to have dogs off their leashes there during designated hours, including between 5 a.m. and 9 a.m., when cyclists and runners swarm—a policy officials are now starting to question.

"I think a lot of these owners are really, really foolish for letting their dogs run across the road or even letting them near the road," said Linda Wintner, who was hit by an unleashed pit bull while riding her bike through Central Park in April 2010 and suffered a mild concussion. "A dog's an animal. It might not listen."

Although a brochure on the Central Park Conservancy website urges people to keep their dogs "on a short leash" when crossing the drives, the admonition is intended "to be helpful and advisory, but not necessarily regulatory," said Dena Libner, a spokeswoman for the conservancy. "We try to avoid language that's 'no, no, no,' but in instances like this, when clarity is called into question, it's worth revisiting."

City officials, the Central Park Conservancy and dog advocacy groups agree that changes might be warranted. "I'm not sure why we did not include the park drive" in the list of prohibited places for dogs to be off-leash, said Michael Dockett, assistant commissioner for urban parks services. "We would probably take that under advisement and consider it."

A Common Sight In Prospect Park. A woman plays with her off - leash dog last week in the afternoon. The public often complains about lax enforcement of off-leash laws. A number of Parks Department employees, as well as members of the public have been attacked this year by off-leashed dogs. (Photo: © NYC Park Advocates) Click on image to enlarge.

By contrast, Prospect Park forbids dogs to be off-leash everywhere, including roadways, with the exception of three designated areas during the city's off-leash hours: Long Meadow, Nethermead and the Peninsula.

That "could be a really smart way of doing it," Ms. Libner said.

It would also clear up the current confusion among cyclists, dog owners and advocacy groups, some of whom insisted it was illegal already.

"Dogs are not allowed off-leash ever on the roadways simply because it's just too dangerous," said Bob Marino, president of the New York Council of Dog Owner Groups.

When told that the Department of Parks and Recreation and the Central Park Conservancy agreed that it was technically allowed, Mr. Marino said that he would favor a discussion about changing the regulation.

Regardless of the law, "it's absolutely ludicrous behavior for a dog owner to have their dog off the leash on a roadway," he said.

Still, on a recent morning in Central Park just before 9 a.m. a handful of dogs, large and small, trotted along the road with no leashes.

Lizzy Klein said she moved to the Upper East Side to take advantage of Central Park's off-leash laws with Mimosa, who is half German Shepherd and half Husky. "There's not really many other ways in New York to get a big dog like this to get the exercise," she said, adding that she normally took Mimosa to the North Meadow and that she was well-trained.

When told there had been a series of accidents involving cyclists and dogs on roadways, Ms. Klein frowned.

"That's a bummer," she said. "I think it probably depends on different dogs. I mean, she's 8 years old, so the only thing that gets her to do something erratic is a squirrel."

That is exactly what caused a dog to bolt across the road in 2009 into the path of Theresa van Vugt, who was leading a bike ride into the park. As Ms. van Vugt, a triathlon coach, turned toward Tavern on the Green, she heard someone "screaming, 'No, no, no!'" she said.

Then she spotted a squirrel scurrying across the road, and a golden retriever in pursuit.

In the collision, Ms. van Vugt said she fractured her elbow, wrist, hand and three ribs. Her knee later required surgery and she suffers from permanent nerve damage, she said. "I've never had that many parts of my body hurt all at once all at the same time," she said.

She has since witnessed several other crashes, she added, and heard about others from friends who compete, coach and train in the park. "It's probably something we hear about on a monthly basis," said Ms. van Vugt. Not every owner even stops, she said, and one dog owner cursed at her when he overheard her warning other cyclists about off-leash dogs.

Use of roadways has become an increasingly contentious issue in the city's parks, as the number of users rises.

Although Prospect Park has largely avoided dog-and-cyclist collisions, an accident this summer involving a cyclist and a pedestrian that left a woman with serious brain injuries prompted park officials to convene a working group in September to address safer ways to share the roadway.

Last week, officials instituted a pilot program to increase safety on the roads, including narrowing the vehicle/cycling traffic to one lane and posting more signs warning cyclists to be aware of pedestrians.

The park is "trying to strike a balance that leaves everybody feeling safe and comfortable and accommodates all these different needs," said Prospect Park spokesman Paul Nelson, who said that there have been four accidents involving cyclists and pedestrians since June.

Ms. Chilton, 51 years old, was cleared by her doctors to ride again last month. But though she was an avid cyclist for 20 years, she said she has no plans to mount a bike again any time soon.

"I would never ride in Central Park," she said. Seeing the off-leash dogs "just makes me too nervous. I just couldn't do it."

Last month, Ms. Chilton filed a lawsuit against New York City, the Central Park Conservancy and the city's Department of Parks and Recreation, claiming that they failed to create and publicize safe off-leash laws. The city Law Department declined comment.

She said she hopes that officials clarify the rules—and enforce them.

"I would ask that they go out there at 7 in the morning and see all the people that could come to harm if there are no rules," she said. Posting signs around the roads "seems like something that would be pretty easy to do to make it safer."

Read More:

Central Park Leash Policy Questioned

The Wall Street Journal - November 22, 2011 - By Sophia Hollander