Pathway to Reformative Change:

Public Safety, Law Enforcement, and

the Albany Community

PREPARED BY
DR. ALICE GREEN, EXECUTIVE DIRECTOR

Copyright  August 2019 Center for Law and Justice

Printing by
Table of Contents
EXECUTIVE SUMMARY ....................................................................................................... 5

INTRODUCTION.................................................................................................................. 7

Albany, Community Policing and Public Safety ........................................................................... 8

City Demographics and Arrests .................................................................................................. 8

PUBLIC SAFETY SURVEY.................................................................................................... 11

Methodology ........................................................................................................................... 11

Results and Findings................................................................................................................. 12

Survey Questions and Responses ............................................................................................. 12

Qualitative Survey Responses .................................................................................................. 15

Summary Discussion ................................................................................................................ 16

RECOMMENDATIONS....................................................................................................... 17

END NOTE ........................................................................................................................ 22

REFERENCE NOTES ........................................................................................................... 22

APPENDICES ..................................................................................................................... 23

APPENDIX A: Reproduction of Survey Questionnaire................................................................ 25

APPENDIX B: Responses to Survey Questions ........................................................................... 26

APPENDIX C: Individual Responses to Qualitative Survey Questions ......................................... 31

APPENDIX D: Graphical representation of responses by race (Black, Latinx, White only) .......... 36

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EXECUTIVE SUMMARY
For more than two decades, the Center for Law and Justice (Center) has written and published many
research reports that examine issues around race, ethnicity, and the criminal justice system. The first was
published in 1998 and titled, To Protect and Serve? A Status Report on the Relationship Between the Community
and the Albany Police Department. The current document follows four of the most recent reports by the
Center. Three of them document the disparate effects of the criminal justice system on people of color in the
Capital Region. Two reports describe how local minorities are arrested, detained, convicted and incarcerated in
proportions far greater than their representation in the general population. A third report depicts the impact of
the “war on drugs” in Albany, resulting in the sentencing of scores of Albany’s young African American men to
more than 600 years in prison for non-violent offenses. The fourth report, titled, Pathway to Change: African
Americans and Community Policing in Albany, examines the relationship between the Albany Police Department
(APD) and African Americans in Albany in 2012. Those reports can be examined on the Center’s website (www.
cflj.org). This current report looks specifically at the relationship between law enforcement and Albany city
residents and their perception of and feelings about public safety in the spring of 2019.

Over 300 city residents responded to a questionnaire that solicited their opinions and thoughts on public safety
and law enforcement. Some were disqualified for not reporting a zip code. The Center used 256 participant
responses in the final data analysis for this report.

Our survey data report four major findings:

1. Many black and brown residents report strong feelings of mistrust of the Albany Police Department.

2. Many of these same residents report strong feelings of mistrust of the Albany County District
Attorney’s Office. Most participants strongly disagree that the District Attorney’s Office handles cases
in a fair manner.

3. Fewer residents than anticipated know of the Law Enforcement Assisted Diversion (LEAD) program
Albany implemented in April 2016. Over 50 percent of survey participants expressed lack of knowledge
about the LEAD program. Some doubt the program’s ability to significantly impact mass incarceration
and racial disparity in law enforcement.

4. Several themes were also reported on the qualitative part of the survey where respondents were
asked to mention any local event that had an influence on how they felt about law enforcement and/
or public safety. Three of the major themes mentioned in order of recurrence were police misconduct,
racism, and police conduct in both the First Street1 police abuse case and the police shooting of
Ellazar Williams.2

The Center cautions readers to not use these findings as a general perception of Albany’s total population,
but insted, view it as a sampling of thoughts and feelings. Hopefully, this initial survey will lead to more formal
and expanded research efforts which can yield more data and provide greater detail on the issues the Center
presents in this preliminary report. But, the findings do suggest that local government officials should be
concerned about the reported responses and use them to more closely examine resident feelings and opinions
and to work with community residents and groups to find solutions to reported problems. While community
dialogues are positive, they are not enough to bring about power-sharing and transformative change.

5
 To begin the process of transformative change, a philosophical and practical process dedicated to
revolutionary change, the Center for Law and Justice offers several recommendations. They are based on our
belief that structural racism is at the core of our community institutions and our social, economic, and legislative
policies, and we must come to understand how it is manifested, acknowledge its presence and destructive force,
and commit ourselves to destroying it. We believe the task will be extremely difficult, for we share racism expert,
Robin Diangelo’s perspective that racism and white supremacy have become the norm and not an aberration as
many suggest.

Our recommendations include the need to find ways for our law enforcement agencies and criminal
justice system to examine its internal operations to identify the presence of systemic racism and learn ways
to address it. Other recommendations are made on how to begin that process. Some point to the need for
immediate changes that would require more transparency and clarification of policies in the Albany County
District Attorney’s Office, updating and releasing the Albany Police Department’s racial profiling policy, state
investigations of all police shootings and change in civil service law Section 50-A to allow the public to see use of
force records of police officers, and the requirement that the heads of our law enforcement agencies prepare
and release annual reports of their operations, as done by the chief of police of the University of Albany Police
Department.3

Readers should not view this report as a condemnation of any individuals or organizations. The Center
conducted a survey to give community members an opportunity to voice their feelings and opinions through
civic engagement. Readers should embrace the findings as an opportunity to unite our community in a search
for and implementation of transformative changes that will strengthen community/law enforcement relations,
improve public safety, promote respect for all our residents, and reduce structural racism. This is our hope.

6
INTRODUCTION

The Center for Law and Justice, Inc. (Center) is a community-based grassroots operation dedicated
to structural change in our criminal justice system that is devoted to humane, fair, and equitable treatment
of all people engaged in the system. The Center supports underserved and marginalized people, and
oppressed and vulnerable communities through advocacy, education, client-based services, and community
organizing for empowerment. The Center provides services to assist in community re-entry for residents
formerly incarcerated. It operates on the principle that social justice demands transformative change in our
criminal justice system, which disproportionately incarcerates the poor and people of color. As a pathway
to change, the Center continues to work to reduce structural racism, eradicate racial disparities in arrests,
and eliminate mass incarceration.

In 2020, the Center for Law and Justice will celebrate its 35th year in operation. And, since its
founding, it has been at the forefront of most major criminal justice issues of concern to residents of
New York State and the Capital Region in particular. Extremely troubled by the historical racial, ethnic,
and economic disparities that exist throughout the criminal justice system, the Center has, and with
vigor, consistently advocated for the rights of the poor and people of color while working closely with key
players in local and state criminal justice systems. It helped develop policing and training policies, crime
prevention programs and strategies, and legal rights, advocacy, and education programs for community
schools and organizations. In addition, it has worked to reduce sentencing disparities and promoted
sound probation, parole, judicial, and sentencing policies. The organization has been a leader in efforts to
empower individuals, families and communities adversely affected by incarceration.

Much of the Center’s work has been devoted to monitoring policing policies, operations, and
practices and the Albany Police Department’s (APD) fluid relationship with the community. Over time, the
Center has worked closely with APD to bring positive change to its relationship with the community. The
culmination of that collaborative endeavor was the adoption of community policing as a basic philosophical
approach to carrying out APD’s public safety mandate. That approach led rather quickly to the adoption and
implementation of the Law Enforcement Assisted Diversion (LEAD) program which has been in operation
for over three years. It has allowed the community and police to work collaboratively in diverting people
from arrest and incarceration to treatment and other human services. To date, close to 200 people have
been diverted.

It is noteworthy that many other positive changes have been made in law enforcement policies,
policing practices, and the relationship between police and community residents. Recently, however,
many community residents have openly voiced dissatisfaction with the state of law enforcement, public
safety, and their own limited role in securing public safety, due in large measure to several regrettable
police actions.

Concerned over growing tension between law enforcement and communities, Governor Andrew
M. Cuomo in a press release on April 1, 2019 stated:
Recognizing that positive relationships between the police and their communities are crucial
to creating a safer New York, the FY 2020 Enacted Budget includes reforms to use-of-force
policies and reporting. Specifically, this legislation will now require that law enforcement
agencies have a use-of-force policy with minimum standards, implemented and report
all use-of-force incidents, particularly those incidents resulting in death or serious injury.

7
 These measures will ensure that New York’s police and peace officers maintain the utmost
standards of professionalism and increase public trust in law enforcement [emphasis
added].4

Many state legislators joined in support of the Governor’s position and voiced their own concerns,
pointing out the significance of public trust and the positive role it can play in promoting public safety.

Albany, Community Policing and Public Safety

A core tenet of criminal justice reform is the idea of public safety, or lack thereof. Specifically,
effective public safety is thought to necessitate a trusting relationship between law enforcement and
community residents. Of growing importance in cities like Albany is the practice of community policing,
which the city solidly embraced 10 years ago. Under the city’s approach, police officers were trained in
identify the most pressing concerns in the community. It allowed them to accurately identify
community policing practices and assigned specific geographic locations to serve long-term to help them
learn about
many specific
of the social needs
community of their
resources assigned
that could neighborhood
be used to reduce and
crimehow they
in the citycould be addressed.
as well.
Police officers became meaningfully and thoughtfully engaged in a cooperative way, working together
The city’s community policing strategy led to the development and implementation of
to identify community problems and exploring solutions thought to promote and maintain the health
of the
the community.
collaborativeEngaging
approachand integrating
to public safetyofficers
known into the (Law
as LEAD community allowed
Enforcement them to effectively
Assisted
identify the most pressing concerns in the community. It allowed them to accurately identify many of the
Diversion).
community Seven government,
resources that could bebusiness, and community-based
used to reduce crime in the cityorganizations
as well. joined together
to launch LEAD in April 2016. This harm-reduction diversion program’s stated mission is to
The city’s community policing strategy led to the development and implementation of the
reduce future
collaborative criminal
approach to behavior related
public safety to mental
known as LEADillness,
(Lawdrug involvement,
Enforcement chronic
Assisted Diversion). Seven
government, business,
homelessness, and community-based
and other health and wellnessorganizations joined together
issues in Albany’s to launchThe
neighborhoods. LEAD in April 2016.
Center
This harm-reduction diversion program’s stated mission is to reduce future criminal behavior related to
partners
mental with
illness, LEAD
drug to educatechronic
involvement, the community aboutand
homelessness, the other
program andand
health to do outreach,
wellness ensuring
issues in Albany’s
neighborhoods. The Center partners with
community input and LEAD accountability. LEAD to educate the community about the program and to do
outreach, ensuring community input and LEAD accountability.

City Demographics and Arrests 5

CITY OF ALBANY 2010 POPULATION BY RACE/ETHNICITY

RACE/ETHNICITY POPULATION PERCENTAGE OF POPULATION 2017 ARRESTS *
BLACK 28,493 29% 1140
WHITE 54,039 55% 471
HISPANIC 9,825 10% **
OTHER 4,913 6% 13
POPULATION TOTAL 98,251 1624

* from FBI According

Uniform Crime
to theReport 2017 the City of Albany had a total population of 98,251, with
2010 Census,
** Hispanics not recorded seperately
54,039 listed as white, 28,493 as black, 9,825 as Hispanic, and 4,193 as other. The city’s police
department
According to the 2010
employed Census,
a total of 332the City officers:
sworn of Albany295
hadwere
a total population
white, 33 wereof 98,251,
black, with
seven 54,039
were
listed as white, 28,493 as black, 9,825 as Hispanic, and 4,193 as other. The city’s police department
5
Hispanic,
employed four of
a total were
339other,
swornand 325 were
officers: non-Hispanic.
295 were white, 33 were black, seven were Hispanic, four were
other. On the Albany County District Attorney’s office website, it states that the office employs
“over 30 assistant district attorneys.” It does not provide information on race or ethnicity for
the District Attorney’s office staff. 8
In a 2012 report, the Center for Law and Justice highlights that nearly 75 percent of the
 On the Albany County District Attorney’s office website, it states that the office employs “over 30
assistant district attorneys.” It does not provide information on race or ethnicity for the District Attorney’s
office staff.

In a 2012 report, the Center for Law and Justice highlights that nearly 75 percent of the arrests
in the City of Albany were minorities, although they accounted for less than 59 percent of Albany’s total
population. Minorities were overrepresented among convictions which flowed from an overrepresentation
among arrests. And, in turn, their rate of imprisonment far exceeded that of whites. Even the most recent
LEAD data show blacks are disproportionately arrested and underrepresented among those diverted from
arrests.

These imbalances and law enforcement actions connected to them may have given rise to recent
tension and community mistrust already deeply embedded into America’s history.

While the heads of the Albany Police Department and the Albany County District Attorney’s Office
are black, this alone cannot promise solutions to systemic problems. However, their leadership, cultural
competency, policing skills, and experiences could be quite helpful in changing the system.

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PUBLIC SAFETY SURVEY
To more clearly understand the sentiment of Albany residents towards public safety and law
enforcement and to seek effective pathways to systemic change, the Center conducted a community
survey this past spring. Specific outcome measures of the study were to identify general issues and resident
concerns about law enforcement and public safety in Albany, and to make appropriate recommendations
for changes to law enforcement operations. Another goal was to capture a screenshot of the general
attitudes and feelings held by residents about their relationship, or lack thereof, with the police.

We hypothesize that community residents perceive a difference in how certain neighborhoods are
policed. We hypothesize that there is a high level of mistrust between the Albany community, particularly
African Americans, the Albany Police Department and the Albany County District Attorney’s Office. We
also hypothesize that many residents are still not aware of and knowledgeable about the LEAD program.

This report presents the results of that survey, an analysis of the collected data, and
recommendations for change.

Methodology
The Center for Law and Justice developed a Public Health and Safety survey in May 2019 with ideas
about community policing in mind. The Center administered the survey in-person at various community
events in Albany. An online version of the survey generated by Type form was also available to those
interested. The survey was designed to capture the concerns and feelings of Albany residents regarding
their public safety and perceptions of law enforcement. Questions include topics about the work of the
Albany County District Attorney, the LEAD program, and the Albany Police Department. A qualitative,
open-ended aspect of the survey allowed residents to process and explain why they felt a certain way
about law enforcement.

The Center designed the survey for City of Albany residents only, and it captured demographic
information including zip code, age range, race, and gender. Those who entered a zip code outside of
Albany were excluded from the final data analyses. After eliminating non-Albany zip codes, there was
a total of 256 survey participants. Of these 256, there were 13 participants who did not enter their zip
code. For the purpose of this study, those individuals were included in the final analyses. Since the Center
advertised the survey for Albany residents only, we will assume these participants are from an Albany
zip code. The CFLJ team acknowledges that there is a measurable level of fear amongst Albany residents
with regards to releasing personal information about themselves to the public and perceived threats
from law enforcement.

10
Results and Findings
Of the 256 participants, 55.1 percent identified as female and 43.6 percent identified as male. About 44.8
percent of participants identified as black, 8.6 percent identified as Latinx, and 41.0 percent identified as
white. The age ranges most represented in the survey are 25-40 (42.2 percent), 41-60 (28.5 percent), and
61-80 (18.4 percent).

23

11
Survey Questions and Responses

The responses to the survey questions ranged from “Strongly Agree” to “Strongly Disagree.” The
responses were compiled by race to determine if any disparities of perception exist between black/Latinx
and white Albany residents. Questions asked include topics on feelings of safety in their neighborhood,
efficacy of law enforcement in protecting the community, concerns regarding communication between
police/District Attorney’s Office and residents, and awareness of the LEAD program. Results were broken
down by responses as a whole and based on race. Over 50 percent of participants expressed lack of
knowledge about the LEAD program. Of note, 48 percent of participants “strongly agree” when asked
whether they feel safe when alone outside during the day; however, the responses varied much more
when asked if they feel safe alone outside at night. About 45 percent of participants strongly disagree
that the Albany Police Department treats all people with respect, and that the Albany Police Department
develops positive relationships with all community members. A disproportionate number of black
compared to white participants disagree that the District Attorney’s Office is trustworthy, handles cases in
a fair manner, and that they make it easy for community members to provide input. (See Appendix B for
complete survey questions and responses.)

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13
Qualitative Survey Responses
Results from the open-ended portion of the survey
“It’s impossible to get through to share input or concerns with the DA’s Office, in my experience. The attor-
neys and staff can regularly be heard using disparaging language based in race, gender, and sexuality, and
despite having the LEAD program and a county commitment to diversion and restorative action I don’t
feel able to trust that this program will be utilized when appropriate based on how I hear the staff talk
about people. I hope that the perception doesn’t belie the actual action, but there’s just no way to be sure.”

“The DA office has been reluctant to speak to the rationale for decisions made this is problematic. We
need a new DA.”

“Need more black police.”

“If lead was targeting citizens it was created for would be more effective. We don’t see that now.”

“As a black man, I am not safe or protected during the day or night.”

The qualitative portion of the survey asked respondents to “describe any specific events that led
you to feel the way you do about the Albany Police Department and about the Albany County District
Attorney’s Office.”

For purposes of analyzing the qualitative survey data, the participants expressing a given theme may
be double-counted if they provided multiple events. Also, police brutality in the context of this analysis is
defined as physical violence, threat of physical violence, or actions of the police that directly undermine
the immediate safety of the participant. Police misconduct includes actions by law enforcement such as
verbal abuse, damage to personal property, psychological manipulation, stop-and-frisk, and perceived
discrimination on the basis of race, gender, class and age. Due to the prevalence of specific incidents (e.g.
First Street, Dontay Ivy, Ellazar Williams) as a recurrent theme in this survey, they were given separate
categories apart from those of police misconduct and police brutality.

Topics identified via the open-ended portion of the survey include police misconduct, youth
perceptions, and labeling community residents as “gangs.” An additional theme common to those who
took the survey include mistrust and feelings of ineffectiveness of District Attorney David Soares. The
case of Ellazar Williams also resonated with many in the community, who described his shooting by the
police as unjust and how this contributes to the lack of trust residents have for law enforcement. Specific
comments about the District Attorney’s Office include feelings of inability to voice community concerns,
racial profiling, and the handing of Williams’ case. A common theme amongst those who expressed a
desire for change in leadership suggest dispatching more black police.

Others detailed specific interactions involving physical violence that they or their family members
have had with the police. Many residents attribute the ineffectiveness of policing efforts to racism and
legalized discrimination against the African American community. Many residents feel that due to this
power differential, they are defenseless against unjust actions by the police.

Some expressed feelings of trust for the police and its leadership as well. Some noted that they felt
the police are respectful and serve as advocates for residents by organizing community events and public
programs.

14
 “I work in human services in Albany and have experienced a wide range of behavior from APD when
assisting my clients -- some of the officers are really wonderful no matter what type of client I bring to
them. Others have run the gamut from trying to bar sexual assault clients from having their advocate
present during the initial contact to using slurs against LGBTQ people.”

“I have heard anecdotal stories of how the police officers have utilized the LEAD program to refer a
person who stole food from a grocery store to connect the person to food pantry or feeding programs”

“You see the police in the news acting out against individuals of my race when they were not doing an-
ything wrong. That’s not far from where I live, that could be MY child, MY son in a few years. I fear my
colored children growing up being judged for the color of their skin.”

“They don’t care about justice just want to lock black people up.”

Themes Identified from Qualitative Part of Survey, in Order of Recurrence.

COMMON THEMES:

1. Police Misconduct
2. Racism
3. First Street
4. Ellazar Williams
5. Change in Leadership / District Attorney’s Office
6. Police Brutality
7. Strong Leadership by APD
8. Dontay Ivy / LEAD Program / Youth Perception
6

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Summary Discussion
It is important to again point out that while the above findings accurately reflect the responses
of survey respondents, they have significant limitations regarding any generalizations that may be made
about the thoughts and feelings of the city’s total population. But, they do suggest, first that systemic
racism is thought to be at the core of law enforcement/community relationship problems. And, secondly
that our local government officials and community stakeholders should and must be concerned about the
reported responses and use them to more closely examine resident feelings and opinions and to work
with the community to understand systemic racism and find solutions to major issues and problems of
concern. While community dialogues are positive, they are not enough to bring about power-sharing
and transformative change; they require strong community resolve, compassion, appropriate action, and
individual reflection on structural racism and how individuals may be complicit in its creation, promotion
and maintenance.

In keeping with its long history of commitment to social justice and public safety, the Center for
Law and Justice believes it is appropriate and fitting to make a number of recommendations for the com-
munity’s reflection and involvement in working for transformative change in our criminal justice system
which has a basic structure deemed by many to be unequal, racist and destructive of far too many lives,
especially the poor and people of color. Change can come about. But first, all of us must be able to see
what structural racism looks like. Our recommendations must not be seen as exhaustive. There is so
much more that needs to be done to address the root causes of conflict and despair in our community.

Most importantly, this report should not be viewed as a condemnation of any individuals or
organizations. It should be viewed in a positive light. These resident responses are real and should not
be ignored, but embraced as an opportunity to unite our community in a search for and implementation
of transformative changes that will strengthen community/law enforcement relations, improve public
safety, promote respect for all city residents, reduce structural racism and move our social justice agenda
forward. This is our hope.

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RECOMMENDATIONS
We believe the reported survey findings and the Center’s stated mission provide a strong basis for
making the following recommendations for significant change in law enforcement policies, practices and
operations that may hold great promise for promoting racial equity, social justice, and public safety while
strengthening relationships with the community.

1. Leaders Should Embrace Report Findings. Although we welcome queries and critical
comment on this report, community and government leaders cannot afford to ignore or condemn
this report and its findings outright. Their leadership is crucial to bringing about transformative
change. African Americans were brought to this country and then quickly enslaved over 400 years
ago, yet still suffer from the oppressive racism deeply imbedded and largely ignored or denied
in all our institutions, especially law enforcement. They can no longer argue that they have done
enough, that change is coming, or that our legal and criminal justice systems are colorblind.

2. Structural Racism Has to be Acknowledged. Perhaps our most important recommendation

is that we as a community and nation must seriously address structural racism. Racism has
infected the making and implementation of social policy and is so strongly and deeply imbedded
in our institutions that many cannot recognize it. For example, in those rare instances when a
police officer is found guilty of abusing his or her power and authority by brutalizing a black
man, it has become customary for department leaders to attribute the officer’s malfeasance to
“one bad apple.” Much too often, that theory is embraced to exonerate and distance the police
department from the guilty officer. Unfortunately, that approach is most likely to ignore structural
racism, which includes tightly-held stereotypes of black and brown people, that may have given
license to individual officers to respond to certain people in a more abusive and uncaring manner.
Racism has great power to kill, particularly the poor, the marginalized, and people of color. While
individual officers must be held accountable for their racist and abusive actions, systemic racism
must no longer be ignored and allowed to flourish; it must be recognized, attacked and destroyed
in all our institutions, especially law enforcement which has been given great power and authority
to control and destroy the lives of any individual or group. That authority has been greatly abused
throughout America’s history and remains a legacy that must be understood, acknowledged and
obliterated. While it will be a difficult struggle, it must begin to be addressed immediately.

3. All State and Local Government Officials and Legislative Bodies Should and Must
Take Action. They should take the lead and use their authority and power to declare structural
racism a crisis that continues to result in wholesale inequities in our systems of health, education,
housing, economics, justice, and human service delivery. This can be done through actions such
as executive orders, resolutions and legislation. The leaders possess the power to set the tone for
serious dialogues to take place that could educate and inspire community actions that, in turn,
could, lead to transformative changes in all our major institutions.

4. Law Enforcement Officers Must Be Taught Civil Rights History. To begin the struggle
against structural racism, those who control and those employed in our community institutions,
particularly law enforcement, must be educated about the history of blacks in America with a
major focus on the history of the relationship between blacks and police. That learning is crucial
to understanding black anger and mistrust of law enforcement. Behavior cannot be changed
without knowledge of that history.

17
 As Danielle Sered notes in her seminal book, “Until We Reckon”
The racially inequitable legacy of policing stretches back to the formation of this nation,
and police have not only failed to protect communities of color from, they have enacted,
enormous levels of harm. This is not simply, or more importantly, about individual police
officers. It is about an institution with a history of enabling and enforcing the worse disparities
in our country’s history. It is about officers who returned escaped people to the plantation.
It is about officers who publicly announced the times of lynchings to be carried out in the
backyards of their own precincts, officers who drove black residents out of neighborhoods
where they had bought homes, and officers who continue to arrest, assault, and shoot
black people in glaringly disproportionate rates. Any substantial shift in police-community
relations will require a direct acknowledgement and grappling with that history.

5. Colleges and Universities Should Develop History of Racism Curricula. Albany

is endowed with many colleges and universities. One of the ways these academic institutions
can become meaningfully involved is to assist in the development of curricula and teachings
about blacks and policing history and systemic implicit bias for police and other law enforcement
agencies. The current University at Albany administration has expressed great interest in working
closely with the community. This could be a perfect opportunity for it to carry out that mission.
Resources could also be sought from business, government, and other influential segments of
our communities. And, strong curricula must become a part of law enforcement training.

6. Must Start the Process of Understanding and Acknowledging Structural Racism.

The Albany Police Department and the Albany County District Attorney’s office should begin the
process of learning and understanding structural racism by hiring an expert consultant on racism
who may also be able to help both their departments’ understanding of why their offices remain
disproportionately white and why they may be having great difficulty attracting and maintaining
people of color on their workforce. Consultants such as Robin Diangelo, have received great
praise and been found to be extremely effective in teaching about white racism and how to begin
addressing the problem. Law enforcement and entire communities should read and discuss her
well-received book, “White Fragility”.7

7. The Albany Police Department’s Racial Profiling Policy Should be Updated and
Released. The APD, with community input, developed a racial profiling policy nearly 20 years
ago, but has steadfastly refused to make it public. The Center encourages the Albany Police
Department to collaborate with community residents to update and release its policy on racial
profiling.

8. Inclusion of Racial Impact Statements on Law Enforcement Policies. Like fiscal

impact statements, all proposed criminal justice and policing policies, procedures, operations
and practices should include racial impact statements. They could be used to evaluate potential
disparities before changes are implemented. Many states across the country have adopted such
statements.

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9. ACPAC Should be Reorganized and Empowered. The Albany Community Police Advisory
Committee, which has worked closely with members of the police department and held regular
community/policing forums, needs to be strengthened beginning with filling vacant seats on the
committee whose members are appointed by Albany Common Council members. The Common
Council must assure all of Albany’s neighborhoods have representation on ACPAC in order to
maximize the success of community policing efforts. A similar review of the Citizen’s Police
Review Board to determine its effectiveness and need for change should be undertaken by a
community group or educational body.

10. Section 50-A of the Civil Service Law Should be Changed. Section 50-A should be
changed so that all use of force reports involving a police officer’s use of a weapon while on duty
during tenure with a police department could be released to the public as well as disciplinary
findings sustaining any disciplinary charges against the officer could be released.

11. All Police Shootings Should be Investigated. All police shootings and police actions that
result in serious bodily injury or death of a police victim should be investigated by the New York
State Attorney General and a special prosecutor assigned in such cases.

12. New York State Should Pass Stricter Police Use of Force Legislation. California
is currently considering passing a bill designed to provide a stricter policy regulating police
use of force. The bill, AB 392, would direct police to “use deadly force only when necessary
in defense of human life” and, when possible, to use techniques to de-escalate the situation
before shooting. It does not explicitly define what would be considered “necessary,” though
courts could consider the actions of both the officer and the suspect when determining whether
the force was justified. Such legislation could promote trust in the police.

13. The Albany County District Attorney’s Office Should be More Transparent to the
Public. The public should be informed of the racial and ethnic makeup of the Albany County
District Attorney’s office staff and others who work for the department, the number and types
of diversions made annually, and all types of community involvements by the office.

14. The Albany County District Attorney’s Office Should Clearly Define Special
Prosecutor Policy. The Albany County District Attorney’s Office raised great community
concern recently over conflicting policies designating when it is morally and legally responsible
and appropriate to recuse the Office from a case and/or request a special prosecutor in a
particular case.

15. Annual Reports by the District Attorney’s Office and Albany Police Department
Should Become Public. Both the DA’s office and the APD should prepare annual reports
to their respective legislative bodies. Note should be taken of the University at Albany Police
Department’s Annual Report as an example.

16. LEAD Community Outreach Must be Evaluated and Strengthened. While the Albany
LEAD program has successfully diverted and assisted nearly 200 people, the Center for Law and

19
 Justice has not been able to effectively fulfill its commitment to educate the Albany community
about LEAD and promote community involvement in the LEAD process. Although the Center
has used many community outreach approaches, APD must explore new evidence-based ones.
It is crucial that community residents learn more about LEAD so that they can provide input and
feedback and organize to hold LEAD accountable for carrying out its mission of diversion and
public safety. The Center must also assist the community in exploring the slower than expected
pace of diversions. Some argue that after more than three years, there should be more than
the 182 actual diversions carried out as of August 1, 2019. However, LEAD and APD have not
secured adequate funding to support more case managers and community outreach workers or
completed an outcome evaluation of LEAD.

17. LEAD Officials Must Become More Aggressive in Identifying Needed Funding.
While LEAD has contributed much to our community, it needs adequate and stable funding to
support well-trained program staff, outreach workers and case managers and to complete a long
overdue outcome evaluation of this important approach to diverting people from arrests and
into treatment and human services. Only then will the public know of its true potential to greatly
improve public safety and reduce mass incarceration and racial disparity in our criminal justice
system.

END NOTE
While this report has focused on structural racism in law enforcement, it is important to point
out that all our major institutions, including political, environmental, economic, educational, social and
health care delivery systems and others are infected with the disease of structural racism. We are re-
minded by Robin Diangelo that “these institutions are designed to reproduce racial inequality and they
do so with efficiency.” Therefore, these and other systems must look inward to understand, acknowl-
edge, and commit to promoting equity. If we fail to act, we are all complicit in maintaining and promot-
ing systemic racism that produces more of the same. This reality must not be seen as a black or brown
problem; it affects us all and limits our human spirit and capacity to grow and be well.

20
REFERENCE NOTES
1 The First Street incident refers to a March 2019 altercation between Albany police and three
men at a First Street residence. Police were called by neighbors complaining about loud music.
When police were denied entry to the house, a police body camera recorded an officer kicking
in the door of the residence. Observers reported the officer then dragging and kicking a man. A
bystander outside recorded a cell phone video of another officer beating a man in the street.

2 Ellazar Williams was shot in the back by an Albany police detective in August 2018 while
running away. He was being chased by police responding to a report of a man with a gun at a
convenience store. Williams was not found with a gun, although police reported finding a knife
nearby. Although Williams was initially charged with menacing an officer and criminal possession
of a weapon, those charges were later dropped. A video recording of the event and community
outrage led to a grand jury considering charges against the officer who shot Williams. Charges
were not filed, and the officer retired. The detective’s bullet lodged in Mr. William’s spine, leaving
Mr. Williams paralyzed from the chest down.

3 https://police.albany.edu/UPDAnnualReport2017.pdf

4 Klopott, Freeman. “Governor Cuomo Announces Highlights of the FY 2020 State Budget.” New
York State Division of the Budget: Home Page. Accessed July 24, 2019.
https://www.budget.ny.gov/pubs/press/2019/pr-enactfy20.html.

5 “U.S. Census Bureau QuickFacts: Albany City, New York.” Census Bureau QuickFacts. Accessed July
23, 2019.
https://www.census.gov/quickfacts/fact/table/albanycitynewyork/PST040218#PST040218.

6 Dontay Ivy was a young Black male resident of Arbor Hill who died in 2015 after a confrontation
with Albany police. Allegedly, Ivy was walking home near Lark and Second streets when
police stopped him allegedly without probable cause. Questioning by police led to a physical
confrontation. Unarmed and suffering from paranoid schizophrenia, as well as a heart problem,
Ivy was tasered, then chased and tackled, resulting in his death. Charges were not brought
against the officers involved. A subsequent legal action by his family alleged police negligence,
excessive force, and racial profiling.

7 Diangelo, Robin J. White Fragility: Why It’s So Hard for White People to Talk about Racism. Boston:
Beacon Press, 2018. 151

21
APPENDICES
APPENDICES

APPENDIX A: Reproduction of Survey Questionnaire

The NYS governor’s 2020 budget recognizes "that positive Demographics Please Return to 220 Green St. Albany, NY 12202.
relationships between the police and their communities are Age range Race Gender 518-427-8361
crucial to creating a safer New York" and seeks to increase public 17-24 Asian Male
trust in NYS’ law enforcement agencies. CFLJ is interested in the 25-40 Black Female
41-60 Latinx Non-Binary
views and opinions of community members about trust between 61-80 White
local law enforcement and the community, and increased public 81+ Other Zip Code:
Public Health and Safety
Don't
Strongly Somewhat Neither Agree Somewhat Strongly
1.) Over the past 12 months, to what extent do you agree or disagree that: Know/Refused to
Agree Agree nor Disagree Disagree Disagree
answer

a.) you feel safe in your community when you are outside alone during the day?

b.) you feel safe in your community when you are outside alone at night?

Community Policing
2.) Community policing is a partnership between the community and police to Don't
Strongly Somewhat Neither Agree Somewhat Strongly
identify and solve problems related to public safety. Based on this definition, Know/Refused to
Agree Agree nor Disagree Disagree Disagree
to what extent do you agree or disagree that: answer

a.) the Albany Police Department engages in community policing?

b.) the Albany Police Department effectively practices community policing?

Don't
3.) In general, to what extent do you agree or disagree that the Albany Police Strongly Somewhat Neither Agree Somewhat Strongly
Know/Refused to
Department: Agree Agree nor Disagree Disagree Disagree
answer
a.) is trustworthy?

b.) treats ALL people with respect?

c.) develops positive relationships with ALL community members?

d.) makes it easy for ALL community members to provide input (e.g., comments,
suggestions, and concerns)?
Albany DA/Community Relations
Don't
5.) In general, to what extent do you agree or disagree that the Albany District Strongly Somewhat Neither Agree Somewhat Strongly
Know/Refused to
Attorney (DA): Agree Agree nor Disagree Disagree Disagree
answer
a.) is trustworthy?

b.) handles cases in a fair manner?

c.) makes it easy for community members to provide input (e.g., comments,
suggestions, and concerns)?
d.) always acts to promote public safety?

City of Albany LEAD (Law Enforcement Assited Diversion) Program

6.) The LEAD program is a diversion program which allows Albany police
officers to divert people from the criminal justice system primarily for issues Yes No
related to substance use, mental health, and poverty. Are you:

a.) aware of the LEAD program here in Albany, NY?

Don't
Strongly Somewhat Neither Agree Somewhat Strongly
7.) Based on the definition above, do you agree or disagree that: Know/Refused to
Agree Agree nor Disagree Disagree Disagree
answer
a.) the LEAD program is one that I could support?

b.) the LEAD program could be effective at reducing racial disparities in the criminal
justice system?

c.) the LEAD program is applied equally to ALL who are eligible?

Open-Ended Questions
8.) Using the space below, mention any specific community events that have
led you to feel the way you do about:
a.) the Albany Police Department.

24
22
b.) the Albany District Attorney's Office
APPENDIX B: Responses to Survey Questions
(1a) Over the past 12 months, to what extent do you agree or disagree that: you feel safe in
your community when you are outside alone during the day?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 50 35 5 11 10 0 1
(44.6%) (31.3%) (4.5%) (9.8%) (8.9%) (0.0%) (0.9%)
Latinx 11 6 3 2 0 0 0
(50.0%) (27.7%) (13.6%) (9.1%) (0.0%) (0.0%) (0.0%)
White 55 35 4 8 3 0 0
(52.4%) (33.3%) (3.8%) (7.6%) (2.9%) (0.0%) (0.0%)
Other 3 3 0 1 1 0 0
(37.5%) (37.5%) (0.0%) (12.5%) (12.5%) (0.0%) (0.0%)
Unknown 4 4 0 1 0 0 0
(44.4%) (44.4%) (0.0%) (11.1%) (0.0%) (0.0%) (0.0%)
Total 123 83 12 23 14 0 1
(48.0%) (32.4%) (4.7%) (9.0%) (5.5%) (0.0%) (0.4%)

(1b) Over the past 23 months, to what extent do you agree or disagree that: you feel safe in your
community when you are outside alone at night?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 36 28 3 21 21 0 3
(32.1%) (25.0%) (2.7%) (18.8%) (18.8%) (0.0%) (2.7%)
Latinx 5 8 1 4 4 0 0
(22.7%) (36.4%) (4.5%) (18.2%) (18.2%) (0.0%) (0.0%)
White 18 46 5 25 11 0 0
(17.1%) (43.8%) (4.8%) (23.8%) (10.5%) (0.0%) (0.0%)
Other 1 4 0 1 2 0 0
(12.5%) (50.0%) (0.0%) (12.5%) (0.25%) (0.0%) (0.0%)
Unknown 3 5 0 0 0 0 0
(33.3%) (55.6%) (0%) (0%) (0%) (0%) (0%)
Total 63 91 9 52 38 0 3
(24.6%) (35.6%) (3.5%) (20.3%) (14.8%) (0.0%) (1.2%)

23
(2a) Community policing is a partnership between the community and police to identify and solve
problems related to public safety. To what extent do you agree/disagree that: the Albany Police
Department engages in community policing?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 5 26 9 19 49 2 2
(4.5%) (23.2%) (8.0%) (17.0%) (43.8%) (1.8%) (1.8%)
Latinx 2 4 4 7 5 0 0
(9.1%) (18.2%) (18.2%) (31.8%) (22.7%) (0.0%) (0%)
White 21 37 12 18 7 9 0
(20.0%) (35.2%) (11.4%) (17.1%) (6.7%) (8.6%) (0%)
Other 1 1 2 1 2 1 0
(12.5) (12.5%) (0.25%) (12.5%) (25%) (12.5%) (0%)
Unknown 2 1 1 2 2 1 0
(22.2%) (11.1%) (11.1%) (22.2%) (22.2%) (11.1%) (0%)
Total 31 69 29 47 65 13 2
(12.1%) (27.0%) (11.3%) (18.4%) (25.4%) (5.1%) (0.8%)

(2b) Community policing is a partnership between the community and police to identify and solve
problems related to public safety. To what extent do you agree/disagree that: the Albany Police
Department effectively practices community policing?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 3 17 8 18 52 2 12
(2.7%) (15.2%) (7.1%) (16.1%) (46.4%) (1.8%) (10.7%)
Latinx 3 1 3 6 9 0 0
(13.6%) (4.5%) (13.6%) (27.3%) (40.9%) (0.0%) (0.0%)
White 16 27 19 21 11 8 3
(15.2%) (25.7%) (18.1%) (20.0%) (10.5%) (7.6%) (2.9%)
Other 1 2 2 0 1 2 0
(12.5%) (25%) (25.0%) (0.0%) (12.5%) (0.25%) (0.0%)
Unknown 0 2 1 1 3 0 2
(0.0%) (22.2%) (11.1%) (11.1%) 33.3%) (0.0%) (22.2%)
Total 23 49 33 46 76 12 17
(9.0%) (19.1%) (12.9%) (18.0%) (29.7%) (4.7%) (6.6%)

24
(3a) In general, to what extent do you agree/disagree that the Albany Police Department: is
trustworthy?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 4 13 12 17 63 1 2
(3.6%) (11.6%) (10.7%) (15.2%) (56.3%) (0.8%) (1.8%)
Latinx 3 3 2 2 12 0 0
(13.6%) (13.6%) (9.1%) (9.1%) (54.5%) (0.0%) (0.0%)
White 22 34 13 18 15 3 0
(21.0%) (32.4%) (12.4%) (17.1%) (14.3%) (2.9%) (0.0%)
Other 1 1 1 2 3 0 0
(12.5%) (12.5%) (12.5%) (25%) (37.5%) (0.0%) (0.0%)
Unknown 2 0 1 2 3 0 1
(22.2%) (0.0%) (11.1%) (22.2%) (33.3%) (0.0%) (11.1%)
Total 32 51 29 41 6 4 3
(12.5%) (19.9%) (11.3%) (16.0%) (37.5%) (1.6%) (1.2%)

(3b) In general, to what extent do you agree/disagree that the Albany Police Department: treats ALL
people with respect?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 2 10 4 21 71 2 2
(1.8%) (8.9%) (3.6%) (18.8%) (63.4%) (1.8%) (1.8%)
Latinx 3 2 1 2 14 0 0
(13.6%) (9.1%) (4.5%) (9.1%) (63.6%) (0.0%) (0.0%)
White 16 22 11 27 23 5 1
(15.2%) (21.0%) (10.5%) (25.7%) (21.9%) (4.8%) (1.0%)
Other 0 1 2 1 3 1 0
(0.0%) (12.5%) (25.0%) (12.5%) (37.5%) (12.5%) (0.0%)
Unknown 2 0 0 4 3 0 0
(22.2%) (0.0%) (0.0%) (44.4%) (33.3%) (0.0%) (0.0%)
Total 23 35 18 55 114 8 3
(9.0%) (13.7%) (7.0%) (21.5%) (44.5%) (3.1%) (1.2%)

25
(3c) In general, to what extent do you agree/disagree that the Albany Police Department: develops
positive relationships with ALL community members?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 2 10 7 24 64 2 3
(1.8%) (8.9%) (6.3%) (21.4%) (57.1%) (1.8%) (2.7%)
Latinx 2 2 0 12 12 1 0
(9.1%) (9.1%) (0.0%) (54.5%) (54.5%) (4.5%) (0.0%)
White 15 22 12 32 20 3 1
(14.3%) (21.0%) (11.4%) (30.5%) (19.0%) (2.9%) (1.0%)
Other 0 1 0 3 4 0 0
(0.0%) (12.5%) (0.0%) (37.5%) (50%) (0.0%) (0.0%)
Unknown 2 0 1 2 4 0 0
(22.2%) (0.0%) (11.1%) (22.2%) (44.4%) (0.0%) (0.0%)
Total 21 35 20 66 104 6 4
(8.2%) (13.7%) (7.8%) (25.8%) (40.6%) (2.3%) (1.6%)

(3d) In general, to what extent do you agree/disagree that the Albany Police Department: makes it easy
for ALL community members to provide input (e.g., comments, suggestions, and concerns)?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 2 16 10 26 52 3 3
(1.8%) (14.3%) (8.9%) (23.2%) (46.4%) (2.7%) (2.7%)
Latinx 1 5 2 1 11 2 0
(4.5%) (22.7%) (9.1%) (4.5%) (50.0%) (9.1%) (0.0%)
White 19 22 19 21 18 4 2
(18.1%) (21.0%) (18.1%) (20.0%) (17.1%) (3.8%) (1.9%)
Other 1 1 1 2 3 0 0
(12.5%) (12.5%) (12.5%) (25.0%) (37.5%) (0.0%) (0.0%)
Unknown 2 1 1 1 4 0 0
(22.2%) (11.1%) (11.1%) (11.1%) (44.4%) (0.0%) (0.0%)
Total 25 45 33 51 88 9 5
(9.8%) (17.6%) (12.9%) (19.9%) (34.4%) (3.5%) (2.0%)

26
(5a) In general, to what extent do you agree/disagree that the Albany County District Attorney's Office:
is trustworthy?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 2 18 11 15 57 8 1
(1.8%) (16.1%) (9.8%) (13.4%) (50.9%) (7.1%) (0.9%)
Latinx 0 2 6 6 2 6 0
(0.0%) (9.1%) (27.3%) (27.3%) (9.1%) (27.3%) (0.0%)
White 12 34 20 12 14 13 0
(11.4%) (32.4%) (19.0%) (27.3%) (13.3%) (12.4%) (0.0%)
Other 0 0 4 1 2 1 0
(0.0%) (0.0%) (50.0%) (12/5%) (25.0%) (12.5%) (0.0%)
Unknown 2 1 1 1 2 1 0
(22.2%) (11.1%) (11.1%) (22.2%) (22.2%) (11.1%) (0.0%)
Total 16 55 42 36 77 29 1
(6.3%) (21.5%) (16.4%) (14.1%) (30.1%) (11.3%) (0.4%)

(5b) In general, to what extent do you agree/disagree that the Albany County District Attorney's Office:
handles cases in a fair manner?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 4 12 14 18 50 11 3
(3.6%) (10.7%) (12.5%) (16.1%) (44.6%) (9.8%) (2.7%)
Latinx 1 1 4 2 8 6 0
(4.5%) (4.5%) (18.2%) (9.1%) (36.4%) (27.3%) (0.0%)
White 9 29 22 18 11 14 2
(8.6%) (27.6%) (21.0%) (17.1%) (10.5%) (13.3%) (1.9%)
Other 0 1 2 1 2 2 0
(0.0%) (12.5%) (25.0%) (12.5%) (25.0%) (25.0%) (0.0%)
Unknown 1 1 2 1 0 2 2
(11.1%) (11.1%) (22.2%) (11.1%) (0.0%) (22.2%) (22.2%)
Total 15 44 44 40 71 35 7
(5.9%) (17.2%) (17.2%) (15.6%) (27.7%) (13.7%) (2.7%)

27
(5c) In general, to what extent do you agree/disagree that the Albany County District Attorney's Office:
makes it easy for community members to provide input (e.g., comments, suggestions, and concerns)?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 4 6 12 22 45 20 3
(3.6%) (5.4%) (10.7%) (19.6%) (40.2%) (17.9%) (2.7%)
Latinx 1 1 4 2 7 7 0
(4.5%) (4.5%) (18.2%) (9.1%) (31.8%) (31.8%) (0.0%)
White 9 15 30 16 19 14 2
(8.6%) (14.3%) (28.6%) (15.2%) (18.1%) (13.3%) (1.9%)
Other 0 0 4 1 2 1 0
(0.0%) (0.0%) (50.0%) (12.5%) (25.0%) (12.5%) (0.0%)
Unknown 1 2 1 1 1 2 1
(11.1%) (22.2%) (11.1%) (11.1%) (11.1%) (22.2%) (11.1%)
Total 15 24 51 42 74 44 6
(5.9%) (9.4%) (19.9%) (16.4%) (28.9%) (17.2%) (2.3%)

(5d) In general, to what extent do you agree/disagree that the Albany County District Attorney's Office:
always acts to promote public safety?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 5 10 15 14 37 26 5
(4.5%) (8.9%) (13.4%) (12.5%) (33.0%) (23.2%) (4.5%)
Latinx 1 1 4 4 5 7 0
(4.5%) (4.5%) (18.2%) (18.2%) (22.7%) (31.8%) (0.0%)
White 18 19 26 13 13 15 1
(17.1%) (18.1%) (24.8%) (12.4%) (12.4%) (14.3%) (1.0%)
Other 0 1 3 0 2 2 0
(0.0%) (12.5%) (37.5%) (0.0%) (25.0%) (25.0%) (0.0%)
Unknown 1 2 1 1 0 2 2
(11.1%) (22.2%) (11.1%) (11.1%) (0.0%) (22.2%) (22.2%)
Total 25 33 49 32 57 52 8
(9.8%) (12.9%) (19.1%) (12.5%) (22.3%) (20.3%) (3.1%)

28
(6a) The LEAD program is a diversion program which allows Albany police officers to divert people from
the criminal justice system primarily for issues related to substance use, mental health, and poverty. Are
you: aware of the LEAD program here in Albany, NY?

RACE Yes No Missing

data
Asian 0 0 0
(0%) (0%) (0%)
Black 46 63 3
(41.1%) (56.3%) (2.7%)
Latinx 6 16 0
(27.3%) (72.3%) (0.0%)
White 46 58 1
(43.8%) (55.2%) (1.0%)
Other 4 4 0
(50.0%) (50.0%) (0.0%)
Unknown 5 3 1
(55.6%) (33.3%) (11.1%)
Total 107 144 5
(41.8%) (56.3%) (2.0%)

(7a) Based on the definition above, do you agree/disagree that: the LEAD program is one that I could
support?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 24 16 19 5 2 31 15
(21.4%) (14.3%) (17.0%) (4.5%) (1.8%) (27.7%) (13.4%)
Latinx 6 3 2 2 0 7 2
(27.3%) (13.6%) (9.1%) (9.1%) (0.0%) (31.8%) (9.1%)
White 51 22 13 5 5 4 5
(48.6%) (21.0%) (12.4%) (4.8%) (4.8%) (3.8%) (4.8%)
Other 2 2 2 0 0 2 0
(25.0%) (25.0%) (25.0%) (0.0%) (0.0%) (25.0%) (0.0%)
Unknown 3 2 1 0 1 1 1
(33.3%) (22.2%) (11.1%) (0.0%) (11.1%) (11.1%) (11.1%)
Total 86 45 37 12 8 45 23
(33.6%) (17.6%) (14.5%) (4.7%) (3.1%) (17.6%) (9.0%)

29
(7b) Based on the definition above, do you agree/disagree that: the LEAD program could be effective at
reducing racial disparities in the criminal justice system?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 18 18 19 9 2 32 14
(16.1%) (16.1%) (17.0%) (8.0%) (1.8%) (28.6%) (12.5%)
Latinx 5 3 3 0 2 7 2
(22.7%) (13.6%) (13.6%) (0.0%) (9.1%) (31.8%) (9.1%)
White 36 26 15 5 8 9 6
(34.3%) (24.8%) (14.3%) (4.8%) (7.6%) (8.6%) (5.7%)
Other 2 1 2 0 0 2 1
(25.0%) (12.5%) (25.0%) (0.0%) (0.0%) (25.0%) (12.5%)
Unknown 3 2 0 0 2 1 1
(33.3%) (22.2%) (0.0%) (0.0%) (22.2%) (11.1%) (11.1%)
Total 64 50 39 14 14 51 24
(25.0%) (19.5%) (15.2%) (5.5%) (5.5%) (19.9%) (9.4%)

(7c) Based on the definition above, you do you agree/disagree that: the LEAD program is applied
equally to ALL who are eligible?

RACE Strongly Somewhat Neither Somewhat Strongly Don’t Missing

agree agree agree nor disagree disagree know/refuse data
disagree to answer
Asian 0 0 0 0 0 0 0
(0%) (0%) (0%) (0%) (0%) (0%) (0%)
Black 9 9 22 10 13 34 15
(8.0%) 8.0%) (19.6%) (8.9%) (11.6%) 30.4%) (13.4%)
Latinx 0 0 6 3 3 8 2
(0.0%) (0.0%) (27.3%) (13.6%) (13.6%) (36.4%) (9.1%)
White 11 13 36 6 7 28 4
(10.5%) (12.4%) (34.3%) (5.7%) (6.7%) (26.7%) (3.8%)
Other 0 2 3 0 1 2 0
(0.0%) (25.0%) (37.5%) (0.0%) (12.5%) (25.0%) (0.0%)
Unknown 3 1 1 0 2 1 1
(33.3%) (11.1%) (11.1%) (0.0%) (22.2%) (11.1%) (11.1%)
Total 23 25 68 19 26 73 22
(9.0%) (9.8%) (26.6%) (7.4%) (10.2%) (28.5%) (8.6%)

30
 APPENDIX C: Individual Responses to Qualitative Survey Questions

Themes from Number of Comments

Qualitative Survey participants
questions expressing
theme

1st street incident 11 The attack of individuals on 1st. After a noise complaint.; 1st street ; Ellazar

& recent late night beatings on 1st St. and recent unabated violence in Albany;

Ellazar/1st st./Beat my son on Grand St.; They target black people - Racist 1st

St/Ellazar/Dontay Ivy; Broke my sister's cheek when she was only 16 the lied to

arrest her, just like those guys on 1st st.; They did those boys on 1st street

wrong.; Shooting black man in his bqck. Beating up black men on first street.

Stealing from black people everyday. Racist; First St Incident with police and

residents.; The police involved incident on first st, the tasering of black male on

2nd st then he died, shooting of black male left him paralyzed no proactive

measures at new courts they dit and watch listen and wait for something to

happen before reacting i was harassed almost assaulted by a well known person

with issues right infront of 2 officers they did nor said anything.; The first street

incident. The Sheridan Street incident the Tony Clement incident;

Change in leadership 8 Vote him out.; Need more black police ; Low moral due to understaffing.

desired They appear to be very disconnected.; detective Olsen retired with full benefits;

Needs to revisit its approach to community engagement.; The back up the

police. There are many times when the police are wrong and no charges are

brought against them; Get more black police - these police don't know us - they

are scared of us and can't wait to shoot us; The DA office has been reluctant to

speak to the rationale for decisions made - this is problematic. We need a new

DA.;

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Dontay Ivy 4 killed Dontay ivy; They target bla;ck people - Racist 1st St/Ellazar/Dontay Ivy;

"Dontay Iveys case was handled so bad. Those officers should have been

charged.";Shooting of Dante Ivy, consideration of drones, shooting of Elazar

Williams;

DAO 8 It's impossible to get through to share input or concerns with the DA's Office,

in my experience. The attorneys and staff can regularly be heard using

disparaging language based in race, gender, and sexuality, and despite having

the LEAD program and a county commitment to diversion and restorative action

I don't feel able to trust that this program will be utilized when appropriate

based on how I hear the staff talk about people. I hope that the perception

doesn't belie the actual action, but there's just no way to be sure.; Did not agree

with DA's decision in Ellazar Williams case.; They are very disrespectful to the

community./You only see them in the community when there is a high profile

case.; During occupy Albany movement, the DAO refused to arrest protesters;

DA protects cops and doesn't treat them like us more scared of police - they

make us unsafe; He lied about not prosecuting weed under 2 oz.; The DA office

has been reluctant to speak to the rationale for decisions made - this is

problematic. We need a new DA.; I've never seen Albany's District in any Albany

communities.; He promised not to prosecute weed but lied. ;

LEAD 4 What is LEAD. As a black man, I am not safe or protected during the day or at

night.; I have heard anecdotal stories of how the police officers have utilized the

LEAD program to refer a person who stole food from a grocery store to connect

the person to food pantry or feeding programs; If LEAD was targeting citizens it

was created for would be more effective. We don't see that now.; LEAD is not for

all people;

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Elderly perceptions 1 Police do good for community. Come to speak with Elders.

Ellazar Williams 9 Ellazar W.; No comment shot Ellazar in the back; Ellazar/Detective/Grand

Jury; Ellazar was shot and the DA looked the other way. Luke Deer beat someone

up in front of 12 officers and 3 were reprimanded.; Did not agree with DA's

decision in Ellazar Williams case.; Ellazar & recent late night beatings on 1st St.

and recent unabated violence in Albany/ charging Ellazar Williams to prevent his

testimony in grand jury against cop who shot him in the back; Ellazar/1st st./Beat

my son on Grand St.; They target black people - Racist 1st St/Ellazar/Dontay Ivy;

Shooting of Dante Ivy, consideration of drones, shooting of Elazar Williams;

Police brutality 6 The cops in Albany (Schenectad Kill my brother) and beat my son and

grandson; Albany Police don't care about the South End community. To many

killings no results.; Beat my brother up.; They beat my son and lied/Railroaded

my son, let officer go with nothing done.; APD beat me up. It was a lot of them

not just 1 (felt like the whole force); Police Brutality and they take forever when

you call them for an emergency;

Police misconduct 17 They always stop us and ask us for id. Or say we smell like weed. They always

act like tough guys or bullies!; The Blue code of silence is strong in Albany.; They

can do whatever they want because they are an officer.; they are a

gang/Protects police more than community.; Still arresting people for low level

petty crimes instead of going after major criminals, just to meet their quota.;

They are the biggest gang.; They break laws (especially traffic) all the time. ; They

violate us everyday where I live.; Police crashed into me and lied about it.

Wouldn't give me their insurance info. Threatened to arrest me if I didn't calm

down. ; Do whatever they want. ALWAYS STOP AND FRISK. Everyday especially 4-

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 midnight shift -> "way disrespectfull"; Police illegally searched my car and tore

my radio out and broke stuff on my car. ; Harrassed me. Lied to me about a

curfew in South End. (Lincoln Sq.) Asked me why I was dressed up. Told me I look

like a drug dealer. Stopped me on St. Pearl for giving homeless people money.

Said I looked like I was selling drugs./ railroaded my son; I work in human

services in Albany and have experienced a wide range of behavior from APD

when assisting my clients -- some of the officers are really wonderful no matter

what type of client I bring to them. Others have run the gamut from trying to bar

sexual assault clients from having their advocate present during the initial

contact to using slurs against LGBTQ people.; You see the police in the news

acting out against individuals of my race when they were not doing anything

wrong. That's not far from where I live, that could be MY child, MY son in a few

years. I fear my colored children growing up being judged for the color of their

skin.; they recently tried to sweep the whole March 2019 melee under the rug

until the witness's video footage was released; Cop "Marshie" (Marshmello) is

out of control. No one stops him. "Det. Anderson" is corrupt.; Stay illegally

searching us. STOP and Frisk is alive in Albany; They never help when we call but

always pull us over with guns drawn.;

Positive feelings 6 Police do good for community. Come to speak with Elders.; They do great

things in our building. Always respectful.; The events the department holds for

people in the community after school and camp programs./ Crime victims

week/memorial; I work in human services in Albany and have experienced a

wide range of behavior from APD when assisting my clients -- some of the

officers are really wonderful no matter what type of client I bring to them.

Others have run the gamut from trying to bar sexual assault clients from having

their advocate present during the initial contact to using slurs against LGBTQ

34
 people.; APD's outdoor activities, forums, meetings and community events.; they

participate in panel discussions, youth bbqs, and evening speak-out sessions;

Racism 12 Police and DA all work together against black people; "Don't treat black folks

the same.; Stop racist policing; They harras us for being black in our own

neighborhood; Need more black officer that live in Albany; They don't care about

justice just want to lock up black people.; Section 3 - all answers depend on your

skin. If 4the answer is agree if non-4disagree; What is LEAD. As a black man, I am

not safe or protected during the day or at night.; Disparities in Black people

arrested on weed charges compared to whites; Shooting black man in his bqck.

Beating up black men on first street. Stealing from black people everyday. Racist;

They target black people - Racist 1st St/Ellazar/Dontay Ivy; He works with them

and knows how they treat black people;

Youth perceptions 4 1st street incident. Elizar Williams witness to officer and rudeness to young

people minding their own business; Diversion Program Works - Great for youth;

Handling kids at acrecent party; Broke my sister's cheek when she was only 16

the lied to arrest her, just like those guys on 1st st.

35
 APPENDIX D: Graphical Representation of Responses by R
APPENDIX D: Graphical Representation of Responses by Race (Black, Latinx,
White only)White
(Graphonly) (Graph
not readable not
at font size) readable at font size)

36
ation of Responses by Race (Black, Latinx,
e at font size)

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 THANKS TO OUR CONTRIBUTORS
NY HENDY, KATHERINE IWANOWICZ, BENJAMIN KUETTEL, LAUREN
MIA NILO, SCHYLA SILBURN

41
 Pathway to Reformative Change:
Public Safety, Law Enforcement, and

Celebrating
the Albany Community

35th year
PREPARED BY
DR. ALICE GREEN, EXECUTIVE DIRECTOR

it’s
in 2020
Copyright  August 2019 Center for Law and Justice
Printing by

Special thanks to contributors

AND SPECIAL THANKS TO OUR CONTRIBUTORS
JUDY CHEN, MARY ELLEN FRIEBERG, ANTHONY HENDY, KATHERINE IWANOWICZ, BENJAMIN KUETTEL, LAUREN
MANNING, MIA NILO, SCHYLA SILBURN

42
 Pathway to Reformative Change:
Public Safety, Law Enforcement, and
the Albany Community

PREPARED BY
DR. ALICE GREEN, EXECUTIVE DIRECTOR

Copyright  August 2019 Center for Law and Justice

Printing by

43
 Eliminating the GAP between Law and Justice
AND SPECIAL THANKS TO OUR CONTRIBUTORS
JUDY CHEN, MARY ELLEN FRIEBERG, ANTHONY HENDY, KATHERINE IWANOWICZ, BENJAMIN KUETTEL, LAUREN
MANNING, MIA NILO, SCHYLA SILBURN

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