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Batavia Kiwanis recognizes outstanding service in criminal justice

By Howard B. Owens
Jason Ivison law day award
Det. Jason Ivision, Chief Shawn Heubusch, and Kiwanian Dave Rumsey after Batavia PD's Ivison received a Criminal Justice Award from the Batavia Kiwanis Club at the club's annual Law Day Luncheon at Batavia Country Club.
Photo by Howard Owens.

At Thursday's recognition luncheon held at Batavia Country Club, the Kiwanis Club of Batavia announced recipients of the 2023 Criminal Justice Awards. 

 The Kiwanis Club of Batavia Criminal Justice Award is presented to a member or members of the community, law enforcement, or a criminal justice agency serving the citizens of Genesee County whose exceptional career achievements and conscientiousness to citizenship have demonstrated a spirit of selfless public service or demonstrated an act of exceptional valor or heroism.

 The 2023 Award Recipients are:

Eric Andre award
Dave Rumsey, Sheriff William Sheron, Investigator Erik Andre, Kiwanis President Peter Guppenberger, Chief Deputy Joseph Graff, and Undersheriff Brad Mazur.
Photo By Howard Owens.

Investigator Erik B. Andre, Genesee County Sheriff’s Office  
Investigator Erik B. Andre began his career with the Genesee County Sheriff's Office in November of 2017, when he was hired as a Deputy Sheriff.  He brought with him prior law enforcement experience as he had previously worked as a Police Officer for the Village of Attica Police Department.  Investigator Andre's work ethic and law enforcement knowledge were quickly evident and led to his selection as a Field Training Officer.  Investigator Andre continued to perform his duties as a Deputy Sheriff to the highest standard, and in January 2022, he was promoted to the rank of Investigator.

Investigator Andre presents a calm demeanor and is a consistent example of professionalism.  Investigator Andre is a member of the Crisis Negotiator Team, where his ability to remain composed in high-stress situations is a valued resource.  Investigator Andre goes beyond the call of duty and shows a true commitment to the community.  Among his investigative duties, Investigator Andre has proactively developed and pursued several investigations involving retail theft crimes, which have led to arrests and successful prosecutions.  He takes pride in his work, he is an advocate for crime victims, and strives for an equitable outcome in his investigations.  In addition to his investigative responsibilities, Investigator Andre acts as a departmental Firearms Instructor and an Electronic Control Device Instructor.  He has been the recipient of a Sheriff’s Office Meritorious Service Award and a Commendation.  Investigator Andre was nominated for this award by Sheriff William A. Sheron Jr. and Chief Deputy Joseph Graff.

Spencer criminal justice award
Sheron, Rumsey, Guppenberger, Senior DIspatcher Jown Spencer, Mazur and Frank Riccobono, director of emergency communications.
Photo by Howard Owens.

Senior Emergency Services Dispatcher John W. Spencer 
Senior Emergency Services Dispatcher John W. Spencer has been a member of the Genesee County Sheriff's Office since 2007.  For the past six years, John has supervised the afternoon shift of the Emergency Services Dispatch Center, a shift that receives a high-call volume and regularly deals with crisis situations.  Senior Dispatcher Spencer's experience and knowledge are recognized during these high-stress calls for service.  He makes sure the appropriate equipment and personnel are notified and dispatched, which is a valuable asset to first responders. 

John has been the recipient of a Sheriff's Office Meritorious Service Award recognizing his excellent leadership and guidance for dispatchers, especially newer dispatchers. John has also received five Sheriff's Office Commendations which has proven his professionalism, compassion, and dedication to the citizens of Genesee County and Emergency Services.  Senior Emergency Services Dispatcher John W. Spencer was nominated for this award by Sheriff William A. Sheron, Jr. and Undersheriff Bradley D. Mazur.

Officer Jason Ivison, City of Batavia Police Department 
Police Officer Jason Ivison (top photo) has been employed by the City of Batavia for over 12 years.  He has excelled as an officer on road patrol where he served as one of the department’s primary Field Training Officers and was then promoted to Detective in 2019.  Since that time, Detective Ivison has developed into a key member of the Detective Bureau.  Detective Ivison has worked many high-profile investigations which have led to numerous arrests. Detective Ivison is known for completing thorough casework, which ultimately contributes to successful prosecutions in court.  Through his work, Detective Ivison has shown he is committed to seeking justice on behalf of the victims in his cases.  In addition to working his caseload, Detective Ivison also manages the City of Batavia's Sex Offender Registry.  Detective Ivison should be commended for his superior performance on behalf of the City of Batavia Police Department and the community in which he serves. Officer Davis was nominated for this award by City of Batavia Police Chief Shawn Heubusch.

Trooper Mader
Guppenberger, Rumsey, Trooper Bradley Maderer, Lt. Colin Sweeney.
Photo by Howard Owens

Trooper Bradley Maderer, New York State Police 
On December 23, 2022, during the harshest conditions of Winter Storm Elliott, Trooper Bradley Maderer, along with Probationary Trooper Sean Ogden, responded to Judge Rd (SR 63) in the Town of Alabama for at least 25 occupied, disabled vehicles, both in and off the roadway.  Time was a factor as plows were unable to clear the roadway, and some vehicles' gas levels were getting low.  Trooper Maderer located a resident who allowed their heated garage to be used as a temporary shelter.  Unable to effectively navigate the scene with his patrol vehicle, Trooper Maderer and Probationary Trooper Ogden patrolled on foot, checking the occupants of each vehicle. While experiencing below-freezing temperatures, extreme wind and snowfall, the Troopers guided the disabled vehicle occupants to the makeshift warming shelter or checked on them periodically if they wished to remain in their vehicles. Trooper Maderer remained on scene throughout the night at the shelter to ensure the safety of all citizens.  Trooper Maderer’s relentless effort undoubtedly saved lives, and he should be commended for his actions.  He played an integral part in the NYS Police response and was a big reason why there were no fatalities in Genesee County during Winter Storm Elliott.  Trooper Maderer was nominated for this award by New York State Police Zone Sergeant Benjamin Fasano.   

Deputy County Attorney Paula Campbell
Deputy County Attorney Paula Campbell’s dedication, professionalism, and knowledge of the law makes her a true asset to Genesee County.  She is always willing to educate others about the law, including employees, school officials, workers at the Child Advocacy Center, etc.  Ms. Campbell visited all the school districts in Genesee County to explain to staff the education requirements for abuse and neglect cases.  She also educated school staff on PINS/JD requirements, Raise the Age and other laws.  Recently, Ms. Campbell was made a supervisor within her department.  She is professional, empathetic and is always available after hours for situations that arise.  Paula Campbell was nominated for this award by Genesee County Department of Social Services Child Protection Supervisor Sandy Wojtaszczyk.

Charles L. Mancuso Mock Trial Award
The “Charles L. Mancuso Award” was presented to the members of the LeRoy High School Mock Trial Team as winners of the 2023 GLOW (Genesee, Livingston, Orleans, and Wyoming Counties) District Competition in the New York State Bar Association High School Mock Trial Tournament.  The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen”, Mr. Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death 16 years ago.  

The LeRoy High School team members honored at the luncheon include Jacqueline Arneth, Elaina Blake, Addison Burnside, Matthew Covert, Michael Covert, Katelynn Everett, Simeon Fisher, Andrew Greene, Meredith Ianni, Allie Ingles, Lyla Jones, Zachary Kirby, Maureen Klaiber, Ethan LaBabara, Daniel Mark, Molly Osterman, Anina Pabros, Emily Rigdon, Jack Tonzi, Carolyn Wujcik, Gabriella Zitz, Teacher-Coach Taylor Netchke.  The coordinator of the local Mock Trial Program, Kristie DeFreze, presented the award.

Note: Our apologies to Paula Campbell, and the Le Roy Mock Trial team. Because of a photographer's error, we don't have pictures of Campbell or the team.

County recognizes National Police Week

By Press Release

Press release:

In 1962, President John F. Kennedy signed a proclamation that designated May 15 as National Peace Officers’ Memorial Day and the week in which that date falls as National Police Week.  

The Genesee County Legislature issued a proclamation to officers from the Genesee County Sheriff’s Office, Batavia City Police Department and LeRoy Village Police Department (Corfu Village Police Department were unable to attend) at last Wednesday night’s meeting recognizing May 15 – 21, 2022, as National Police Week.  The Old County Courthouse cupola lights have been changed to blue to acknowledge this week. 

Law enforcement officers are always prepared to respond and aid our residents, 24 hours a day, 365 days a year.  This week honors all those in the law enforcement profession for the countless hours each officer dedicates to the community in which they serve.    

Sheriff Sheron asks that if you see a police officer, please take the time to acknowledge his/her service.

Police on the lookout for drunken drivers during Super Bowl weekend

By Press Release

Press release:

The Genesee County STOP-DWI Coordinator announced today that the Genesee County Sheriff’s Office, the City of Batavia Police Department and the Village of LeRoy Police Department will be participating in a coordinated effort with the STOP-DWI program to bring awareness to the dangers of impaired driving.

The Super Bowl is America’s most-watched national sporting event and Super Bowl Weekend is historically a deadly period for impaired driving. In a combined effort to bring awareness to the dangers of impaired driving, prevent injuries and save lives law enforcement officers across New York State and STOP-DWI programs will be participating in special engagement efforts.  The statewide STOP-DWI efforts start today Friday, Feb. 11, and will end on Monday, Feb. 14.

Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaign aim to further reduce the incidence of drunk and impaired driving.

Remember:  Impaired driving is completely preventable.  All it takes is a little planning.  If you are impaired by drugs or alcohol and thinking about driving, pass your keys on to a sober driver.

Hawley takes a slice out of crime sending pies to local police departments on National Pizza Day

By Press Release

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today used National Pizza Day as an opportunity to show his appreciation for the work local police departments within his district have done to protect their communities by sending pizzas from local shops to numerous departments.

“Our officers put their lives on the line daily to protect us and our neighbors, and it must be said their work has only grown more challenging in the last several years,” said Hawley. “When I learned that National Pizza Day was coming up, I knew that it was a chance to give back, so it was my honor to provide some nourishment to our hard-working officers. While it is unfortunate I was not able to deliver the pizzas to the departments myself, having a legislative session to attend to today, I hope our law enforcement professionals are able to find some time to enjoy a slice.”

Hawley sent pizzas to the following departments today:

  • Albion Police Department
  • Holley Police Department
  • Medina Police Department
  • Orleans County Sheriff’s Department
  • NYS Police Troop A-Albion Barracks
  • Brockport Police Department
  • City of Batavia Police Department
  • LeRoy Police Department
  • Village of Corfu Police Department
  • Genesee County Sheriff’s Office
  • NYS Police Troop A- Batavia Barracks

Sheriff names Deputy David Moore Officer of the Year

By Press Release

Press release:

Officer of the Year Award – Deputy David D. Moore

Deputy Sheriff David D. Moore has distinguished himself in the performance of service to the citizens of

Genesee County during 2021.  Deputy Moore is a seven-year member of the Sheriff’s Office, with three and a half of those years on Road Patrol.  Deputy Moore is a consistent, professional Deputy who always presents a positive image to those he deals with, no matter the circumstances.  Deputy Moore has strived to gain more knowledge of the job and has been able to share that with newer Deputies as a Field Training Officer.  Deputy Moore’s dedication to traffic safety is evident in his impaired driving enforcement and being certified as a Drug Recognition Expert.  

Deputy Sheriff David D. Moore has reflected great credit upon himself and the Genesee County Sheriff’s

Office and most deserves to be named Officer of the Year.

Photo – Officer of the Year Deputy David D. Moore

From left to right:  Assistant Director of Emergency Communications/Operations Francis A. Riccobono, Chief Deputy Road Patrol Brian M. Frieday, Undersheriff Bradley D. Mazur, Deputy Sheriff David D. Moore, Sheriff William A. Sheron, Jr., Chief Deputy Criminal Investigations Joseph M. Graff, Jail Superintendent William A. Zipfel, Director of Emergency Communications Steven C. Sharpe.

Distinguished Service Award – Matthew R. Burgett

Senior Correction Officer Matthew R. Burgett has distinguished himself as a member of the Genesee County Sheriff’s Office for over sixteen years. 

Senior Correction Officer Burgett began his career at the Genesee County Jail on January 22, 2005, and was promoted to Senior Correction Officer on February 22, 2014.  During his career, he was the recipient of a Meritorious Service award for his professionalism and dedication and has consistently performed in an

outstanding manner which has led to the betterment of the Genesee County Jail.  His positive attitude and willingness to assist other officers has been consistent over several years.  Senior Correction Officer Burgett leads by example and is respected by his co-workers.

Senior Correction Officer Matthew R. Burgett reflects great credit upon himself and the Genesee County

Distinguished Service Award – Chad J. Minuto

Investigator Chad J. Minuto has distinguished himself as a member of the Genesee County Sheriff’s Office for over eighteen years. 

Investigator Minuto began his career as a Correction Officer at the Genesee County Jail on March 20, 1999, was appointed Deputy Sheriff in 2005, and promoted to Investigator in 2015.  During this time, he has been the recipient of a Meritorious Service award, two Commendations, and Officer of the Year for his professionalism and dedication.  Throughout his career, Investigator Minuto has performed his duties to the highest standard.  He has accepted additional responsibilities without hesitation which includes maintaining the evidence room for several years.  Investigator Minuto is looked upon as the Sheriff’s Office lead evidence technician and carries these duties out at serious crime scenes.  He is often called when off duty to answer questions from other Deputies and provides answers without fail or complaint.  He is a trusted member of this Office and sets the bar for others.

Investigator Chad J. Minuto reflects great credit upon himself and the Genesee County Sheriff’s Office.

Photo – Distinguished Service Award – Investigator Chad J. Minuto

From left to right:  Assistant Director of Emergency Communications/Operations Francis A. Riccobono, Chief Deputy Road Patrol Brian M. Frieday, Undersheriff Bradley D. Mazur, Investigator Chad J. Minuto, Sheriff William A. Sheron, Jr., Chief Deputy Criminal Investigations Joseph M. Graff, Jail Superintendent William A. Zipfel, Director of Emergency Communications Steven C. Sharpe.

Certificates of Appreciation

Pastor Corey Hancock

Jessica Mitchell

Patricia Famiglietti

Lollypop Farm, Humane Society of Greater Rochester

Perry Veterinary Clinic

Volunteers for Animals

The Sportsmans Coonhunters Association

Longevity Awards

Emergency Services Dispatcher Peggy D. Richardson

10 years

Emergency Services Dispatcher Kelly E. Smith

10 years

Emergency Services Dispatcher Andrew K. Merkel

10 years

Senior Emergency Services Dispatcher John W. Spencer

15 years

Youth Officer Howard J. Carlson

15 years

Community Victim Services Counselor Rosanne M. DeMare

15 years

Cook Lynn J. Jakubowski

15 years

Emergency Services Dispatcher Nathan L. Fix

15 years

Correction Officer Anthony J. Ridder

20 years

Correction Officer Philip A. Mangefrida

20 years

Senior Correction Officer Kevin D. Wolff

20 years

Chief Deputy Brian M. Frieday

25 years

Deputy Sheriff Cory W. Mower

25 years

Deputy Sheriff Patrick J. Reeves

25 years

Meritorious Awards

Deputy Sheriff Chad P. Cummings

1st

Program Coordinator Theresa M. Roth

1st

Financial Management Assistant Tammy M. Schmidt

1st

Case Manager Erin M. Martin

1st

Youth Officer Howard J. Carlson

2nd

Case Manager Nicole M. Easton

2nd

Commendations

Deputy Sheriff Kenneth A. Quackenbush III

1st

Emergency Services Dispatcher Shelby M. Turner

1st

Emergency Services Dispatcher Jennifer M. Kirkum

1st

Emergency Services Dispatcher Stephen R. Smelski

1st

Financial Clerk-Typist Tracy L. Ranney

1st

Senior Correction Officer James M. Smart

1st

Correction Officer Adam C. Snow

1st

Deputy Sheriff Travis M. DeMuth

1st

Emergency Services Dispatcher Marie A. Vaughn

1st & 2nd

Emergency Services Dispatcher Emily K. Moskal

1st & 2nd

Emergency Services Dispatcher Fleur R.C. Remington

2nd

Deputy Sheriff Joshua A. Brabon

2nd

Emergency Services Dispatcher Peggy D. Richardson

2nd

Emergency Services Dispatcher Samantha L. Conibear

2nd

Assistant Director of Emergency

Communications/Operations Francis A. Riccobono

2nd

Deputy Sheriff Robert C. Henning

2nd

Correction Officer Michael A. Cox

3rd

Senior Emergency Services Dispatcher Michael T. Sheflin

4th

Senior Emergency Services Dispatcher John W. Spencer

5th

Senior Emergency Services Dispatcher Robert H. Tripp

8th

This is National Police Week, Saturday is Peace Officers' Memorial Day

By Press Release

Press release:

In 1962, President John F. Kennedy signed a proclamation, which designated May 15 as Peace Officers’ Memorial Day and the week in which that date falls as National Police Week.  

Typically, tens of thousands of law enforcement officers from around the world converge on Washington, D.C., to participate in a number of planned events that honor those officers that have paid the ultimate sacrifice during this week.  

Unfortunately, due to the COVID-19 pandemic, these events have been postponed until October this year. There are virtual events being held all week along with a virtual candlelight vigil on Thursday, May 13. Thank a police officer; recognize the fallen.

Genesee County Sheriff William A. Sheron Jr., City of Batavia Police Chief Shawn Heubusch, Village of Le Roy Police Chief Greg Kellogg, along with the Genesee County Legislature, recognize this week in honor of all those in the law enforcement profession for the countless hours each officer dedicates to the community in which they serve.  

The Genesee County Legislature will be issuing a proclamation at its Wednesday night meeting recognizing May 9 – 15, 2021, as National Police Week. The lights on the Old County Courthouse cupola will be changed to blue to acknowledge this week.  

Law enforcement officers are always prepared to respond and aid our residents, 24 hours a day, 365 days a year.  

“We commend the men and women of the law enforcement community for their selfless dedication to the protection of the citizens and communities they serve.  May God bless them and their families. Please take a moment and join us in paying tribute to these tremendous individuals and remember those that have given the ultimate sacrifice,” said Sheriff Sheron, Chief Heubusch and Chief Kellogg in a jointly issued statement.

Photo: Stuff the Cruiser event at Batavia Towne Center

By Howard B. Owens

Sgt. Greg Kellogg, Le Roy PD, and troopers Ben Hersee, Stephanie Grimaldi and Bill Franz, show off some of the toys collected at Target today for the annual Stuff the Cruiser event.

Local law enforcement gathers for the event each year to collect donations for children who might not otherwise fund many presents under their Christmas trees. Besides Le Roy PD and State Police, participating this year were the Sheriff's Office, Batavia PD, Corfu PD, GC Probation Department, and the Department of Environmental Conservation.

Brooke Fisher, 5, drops off a toy with Le Roy PD Officer CJ Miller and Sgt. Thomas Sanfratello, Sheriff's Office.

Photo submitted by Greg Kellogg of the final haul of presents.

Genesee County Sheriff's Office welcomes four newly graduated correction officers

By Press Release

Photo from left: Correction Officers Michael A. Strumpf, Christopher L. Seelbinder, Austin J. Davis, Matthew M.J. Luce, and Undersheriff Bradley D. Mazur.
Submitted photo and press release:

Genesee County Sheriff William A. Sheron Jr. announces the graduation of Correction Officers Michael A. Strumpf, Christopher L. Seelbinder, Austin J. Davis and Matthew M.J. Luce.

These Correction Officers recently graduated in a class of 18 from the Livingston County Basic Corrections Academy. Correction Officer Davis was one of two team leaders of the class. The six-week training included instruction in the care and custody of inmates, inmate supervision, defensive tactics, firearms training, and other topics pertaining to corrections.

“Congratulations to Correction Officers Strumpf, Seelbinder, Davis and Luce and welcome to the Genesee County Sheriff’s Office family,” Sheriff Sheron said.

Photos: Local motorcycle clubs caravan to local police departments to show support for law enforcement

By Howard B. Owens

More than 200 motorcycle club members from throughout the region came together Sunday afternoon to ride to the headquarters of various police agencies as a show of support for local law enforcement.

Organizer Jesse Underwood said it was a chance for members of Genesee ABATE to remind people that most cops are good cops and that they jeopardize their lives to protect and serve.

"They've got a tough job to do right now," Underwood said. "They get up in the morning and put on their badge and head out to work and they may not make it home again."

These photos are from the group's stop at the NYSP headquarters on West Saile Drive. The riders also stopped at the Sheriff's Office and Batavia PD before heading to Orleans County.

VIDEO: Meet and Greet with Batavia's new police dog, 'Hank'

By Howard B. Owens
Video Sponsor
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Press release:

The City of Batavia Police Department is proud to introduce the newest member of the Department, K-9 “Hank,” with handler Officer Stephen Quider. “Hank” is a 1-year old Belgian Malinois/Shepard mix from Holland.

He was purchased from Upstate K-9 with asset forfeiture funding from the Department of Homeland Security Investigations in Buffalo. “Hank” and Officer Quider have begun their training in Monroe County. “Hank” will be trained as a dual-purpose Police K-9. He will be trained in narcotics detection, tracking and apprehension.

The Police Department conducted an initial fund-raising effort last year to help offset some of the costs associated with the program and received overwhelming support, raising more than $11,000 to date. All donations go toward food, toys and medicine to ensure “Hank” remains healthy and happy.

The Department continues to accept donations to assist in supporting the program, anyone wishing to donate can contact the City Police Department at (585) 345-6356.

A message from the president of the NYS Sheriffs' Association

By Billie Owens

From Washington County Sheriff Jeffrey Murphy, president, New York State Sheriffs’ Association on behalf of the Sheriffs of New York State:

As professional law enforcement officers who have dedicated their careers to saving lives and helping people in need, the Sheriffs of New York State condemn the senseless, shocking action of the officer who unjustifiably took the life of George Floyd in Minneapolis last week.

It was against everything we stand for, everything we train for and everything we demand and rightfully expect from our police officers.

We also condemn those who, since then, have used that great injustice as an excuse to commit other senseless, brutal acts which unjustly deprive more innocent people of their lives, their livelihood, their life savings and their livable communities.

Conservators of the Peace Sworn to Uphold the Constitution

We are sworn to uphold the Constitution and we fully support the Constitutional right of all citizens to peacefully assemble, protest and petition their government for desired change.

As Constitutional officers who have been given the duty of Conservators of the Peace in the counties, we know that conserving the peace does not mean just keeping everyone calm. It means assuring an atmosphere where all citizens can enjoy their rights to life, liberty and the pursuit of happiness without having those rights unduly infringed upon by others.

Thus while we will do all we can to accommodate and protect those who feel compelled to publicly display, in a peaceful way, their justifiable outrage at the way George Floyd died, we will not condone or accommodate in any way those who would deprive others of their rights by hijacking those legitimate displays of concern to turn them into opportunities to assault, murder, loot, burn and spread anarchy.

We Ask Politicians and Leaders to Refrain from Incendiary Comments

We also must ask those politicians and other leaders in the communities who continually speak of “systemic racism” in our police agencies for their own political advantage to refrain from such unfounded and incendiary comments. It is disgusting conduct, which itself fuels racism on all sides, and leads to worse, not better race relations in this country. Instead we would welcome them to engage with us in open and honest discussions on how we can enhance community relations while regaining the public’s trust in law enforcement through fact-based studies and training.

Deputy Sheriffs and all law enforcement officers suffer because irresponsible leaders paint them with a broad brush. There are 800,000 police officers in this country. The inexcusable action of one police officer in Minneapolis cannot be used to justify labelling all 800,000 dedicated, hard-working police officers as racist. We know of no police officer who condones the actions of that one rogue cop in Minneapolis.

They, like most citizens, were sickened to see that video, but we also know that it is not representative of the 53.5 million contacts that law enforcement has with civilians annually. We know of no police officer who joined the force because they saw it as a license to kill or abuse others. Most police officers join out of a simple desire to help people… of any race. Most police officers have shown more helpfulness, and personal compassion and kindness toward down-and-out citizens… black, brown, yellow or white… than have any of the self-righteous politicians and others who sow hatred and distrust of the police with their irresponsible rhetoric.

Those politicians, when they finish their rants, can then go home to their mansions and comfortable homes, secure in the knowledge that the police officers which they just maligned will continue to do their duty to protect them and all the citizens of their communities, even though their job has been made doubly more difficult by race-baiting rhetoric.

Sheriffs Work Hard to Build Public Trust

There is one thing upon which we and critics of the police can agree: there is distrust of the police in many minority communities. We Sheriffs work hard to build public trust in law enforcement. The training of our Deputy Sheriffs includes extensive training in community relations, anti-racism, recognizing implicit bias, and proper use of force. This training results in officers who are sensitive to the need for racial neutrality in enforcing the law, and their enforcement decisions are based upon a person’s conduct, not their color. That plain fact is, of course, contrary to the popular narrative.

In conclusion, the Sheriffs of New York make a commitment to our communities. We, and our citizens, desire a society where we can all live in true peace. While each of us has Sheriffs have outreach, in some form, to community and religious groups and to minority organizations and minority communities, it is clear that more has to be done to combat the false view of police as the oppressors, which has been inculcated into many minority communities, and which allows opportunists to take advantage of such things as the George Floyd tragedy to foment more hatred and more chaos.

The Sheriffs of New York, through our New York State Sheriffs’ Association, will immediately undertake the task of strengthening, in an organized way, the ties between Sheriffs’ Offices and minority communities and organizations in the counties across the State, with a goal of affirmatively demonstrating that our desire is to serve all citizens, and as the Conservators of the Peace in the counties, to secure to those citizens true peace, which means the opportunity to enjoy life, liberty and happiness in a just world.

Local law enforcement agencies and Rotary team up Saturday in Target parking lot for holiday charity event

By Billie Owens

Le Roy Police Department is putting on a special charity event on Saturday, Nov. 30, to help Genesee County families in need this holiday season.

Le Roy PD will be joined by New York State Police - Troop A in Batavia, New York State Environmental Conservation Police, Genesee County Sheriff’s Office, Batavia Police Department, Corfu Police Department, Genesee County Probation and Rotary International.

"Stuff the Cruiser" will take place 11 a.m. - 3 p.m. in the Target parking lot at Towne Center at Batavia on Veterans Memorial Drive.

Bring unwrapped toys, new clothing and nonperishable foods to stuff in a police vehicle. This is a kid friendly event, fun for the whole family.

In effort to fight burglaries, County reviewing new regulation scheme for businesses that sell used merchandise

By Howard B. Owens

Local law enforcement is backing a new proposed county law to more tightly regulate pawnbrokers but the draft legislation may have a spill-over impact on other local businesses.

At least one county legislator, Andrew Young, is opposed to passing the new law.

A public hearing on the proposed law has been set for 5:30 p.m. on Dec. 12 in the Old County Courthouse. (Download PDF of proposed local law).

The purpose of the law is to help local law enforcement find stolen property, recover stolen property, and apprehend the criminals who pilfer other people's property. 

“Basically, our interest in doing this is an interest in not only being able to prosecute people who steal this property and take it to pawn shops to be sold, but also making it possible to make things right for victims of these burglaries," said District Attorney Lawrence Friedman, who drafted the proposed law at the request of Sheriff's Office.

Friedman, as well as Undersheriff Gregory Walker and Chief Deputy Jerome Brewster, were clear however, there's really only one business in Genesee County that is the target of the law and that is Pawn King, 4140 Veterans Memorial Drive.

"I worked with Jerry from the start five years ago," Friedman said. "The request came from local law enforcement because of a problem primarily with residential burglaries and that proceeds from these burglaries were primarily going to pawn shops and primarily one local pawn shop," Friedman told members of the Public Service Committee at a meeting Monday.

The Legislature considered a similar law five years ago but after opposition from scrap metal dealers at a public hearing, where they raised concerns about the logistical difficulty in tracking where scrap metal came from, the proposed law lost support among legislators.

County Attorney Kevin Earl has modified the bill to remove regulation of scrap metal dealers.

During his presentation in support of the proposed law, Friedman recalled two recent incidents he said illustrates the need for the law.

If you read the local news, Friedman told legislators, you know about a recent incident where a suspect pulled into the driveway of County Manager Jay Gsell and allegedly threw a stolen gun from the car. That case is linked, Friedman said, to a recent string of burglaries in the area and one of the suspects allegedly used a fake ID to pawn stolen items at Pawn King.

"That's a big problem," Friedman said. "That's one example of something that goes on here on a regular basis."

Friedman also said the assistant district attorney for the Town of Batavia Court recently took an affidavit from a witness who said he saw a person wheel an entire shopping cart full of merchandise from Walmart to Pawn King across the street and pawn all of the items.

"That's the kind of thing we're dealing with," Friedman said.

Brewster said the proposed law would make his job, and the job of all local criminal investigators, easier.

"It will make it harder to get away with illegal activity and make it easier to prosecute those who are breaking the law," Brewster said.

Friedman said when he wrote the law five years ago, he patterned it after a law already passed in Monroe County as well as ones in other jurisdictions.

There are similar other laws in other jurisdictions, including other states, and some of them have run into legal challenges over the implication in the laws of warrantless searches, which violate the Fourth Amendment.

Under the terms of these laws, including the law proposed in Genesee County, police officers can enter the place of business of a secondhand dealer without notice and inspect the property and demand to inspect the mandated records kept by the business.

In California, GameStop is suing over a pawn shop law.

In this law journal article, the author says that in New York, courts have found, specifically in People v. Keta, that the state has a greater interest in stopping chop shops from trafficking in stolen parts than chop shop owners have a right to privacy. The Supreme Court has ruled that records inspections of closely regulated businesses, which includes pawn shops, are permissible.

However, Onondaga County paid a $15,000 settlement in 2015 after a court ruled his business was the victim of a warrantless search under that county's pawn shop law. Also in New York, a New York City law that required law enforcement inspections of pawn shop records was struck down by a judge there.

Last night, The Batavian emailed Friedman and Earl and asked them how these New York cases, which are more relevant than cases in other states, differ from the proposed local law and we haven't received a response.

Young said Cattaraugus County passed a similar law and later repealed it. We couldn't find any news coverage of such a repeal, but we did find a story about the City of Salamanca deciding to repeal its pawn shop law after local antique dealers objected to the law.

While the proposed law does target pawn shops, the definition of secondhand dealers includes any business, with a couple of exceptions, that acquires previously used items for the purpose of resale to the public.

This would seem to include antique dealers, junk dealers, non-charitable thrift stores and secondhand shops, and used record stores.

Exceptions are written into the law for clothing and books but no other items.

Jewelry stores and coin dealers with sales of less than 15 percent of sales from used items are also exempt from the law. Also exempt, antique dealers who sell exclusively at trade shows and licensed auctioneers.

The law also covers the resale of gift cards. This seems to apply to the resale of gift cards from other businesses, which is common in local businesses, such as Tops Market, Walmart, and Target, as well as The Batavian.

Earl told legislators those type of gift cards, even though they are acquired from the issuer for resale to a third party, are not covered by the law.

He quoted from Section 2, paragraph F:

"Secondhand Article" means any article or object, with the exception of clothing and books, that has previously been bought or sold at retail and/or which has been previously used and/or is not in a new condition.  This shall include any “gift card” .... 

Earl argued that the law only covers gift cards that are considered "used" even though once a gift card is used, it loses its value.

The purpose of including gift cards is to deal with criminals who shoplift from stores such as Walmart and then return the items. Since they don't have a receipt, they are given a gift card. Brewster said, for example, they might get a $100 gift card and then walk over to Pawn King and sell it for $50.

When questioned after the meeting about clarity on the gift card provision, Friedman reiterated it was not the intention of the law to cover gift cards sold by The Batavian or retail outlets such as Tops. He said it would be up to the Legislature to refine the law if they thought such clarity was necessary.

"I guess what I'm going to say is we drafted it as we thought was appropriate," Freidman said. "This is not the end. You know there's going to be a public hearing and everyone is going to have an opportunity to be heard about that. And presumably, there could be further refinements made to it just like we did after the last public hearing."

The law as proposed requires secondhand dealers to acquire a license. There is a $150 annual fee for the license. Licenses could be denied to anybody with a criminal conviction and potentially to businesses with employees who have criminal convictions for property crimes.

Secondhand dealers would be required to keep written records of all transactions -- both buying and selling -- in their shops as well as enter data into LeadsOnline, a private business that law enforcement can contract with to track the acquisition of used merchandise by dealers. LeadsOnline is free to participating businesses.

Dealers would be required to obtain photo identification of every person, and make a photocopy of the ID, of every seller or buyer of merchandise.

Section 12, paragraph B:

Prior to acquiring or disposing of any secondhand article covered by this local law, every Secondhand Dealer shall request Identification from the seller or purchaser and shall verify the identity of such individual by comparing the individual to the photographic image contained on said Identification. The Secondhand Dealer shall record the individual’s name, date of birth and address (or current address if different than that listed on the Identification), and the Identification number (e.g., motorist ID number) listed on the Identification. The Secondhand Dealer shall make a photocopy of the front of the Identification.

Failure to comply with the law is a Class B misdemeanor.

The law also covered dealers who transact business online, such as eBay resellers, if they're based in Genesee County.

It's not clear how online retailers would comply with the requirement to obtain a physical ID of buyers and sellers.

License dealers must also allow local law enforcement and code enforcement to inspect their place of business prior to receiving a license and at any time upon request once the license is issued.

Young made the point that many Web-based businesses operate out of the owners' homes and he asked if such owners would be expected to make their homes subject to inspection by law enforcement.

None of the advocates for the law provided an answer to the question.

Young compared the law to code enforcement and health inspection laws, which usually involve an appointment with the inspector.

"Not only is an appointment made," Young said, "the consequences are you're not serving the lunch next day. In this case, you go to jail."

Earl said, as a Class B misdemeanor, there is no jail term. It's more like a traffic ticket.

The proposed law was first discussed in the Public Service Committee. Young is not a member of the Public Service Committee but he was given an opportunity to voice his concerns.

The Public Service Committee unanimously recommended approving a public hearing on the proposed law.

The Ways and Means Committee met immediately after the first meeting. Young does serve on that committee and Ways and Means was also asked to vote on approval of a public hearing.

Young again raised objections to the proposed law, which prompted another discussion.

There isn't a need for the law, Young suggested, because Pawn King is already entering its transactions in LeadsOnline. Young said he spoke with the manager of the local Pawn King.

"It’s not true," Walker said. "He may say that but he’s not doing it."

During Public Service, Friedman hinted but didn't outright say, that Pawn King conducts some transactions after regular business hours.

Young voted no to send the proposed law to a public hearing. He thinks the bill should go back to the lawyers to clarify key points.

"There are too many unanswered questions," he said.

Chairwoman Marianne Clattenburg suggested that the bill could go to public hearing and the Legislature could then better determine how to amend the law after hearing from the public.

Ways and Means approved sending the proposed law to a public hearing on a 4-1 vote.

Much of Young's objection to the proposed law is that it creates a new regulatory scheme for businesses, which he thinks runs counter to the county's effort to try and attract new business.

"This is an unprecedented law in this county," Young said. "In this county, we don't have too many local laws and they've usually been reserved for things that are really important. Monroe County has a different governing body and they think differently than ours, but we're taking one of their laws and making it even more restrictive."

Young argued that the problem in Genesee County doesn't rise to the level of passing new laws.

Friedman said there is a pressing need for the law.

“I have to disagree with the statement that there is no problem here," Friedman said. "There is absolutely a problem here.”

Photo: Public Service Committee meeting.

Local law enforcement officers complete Crisis Intervention Training

By Billie Owens

Submitted photo and press release from the Genesee County Sheriff's Office:

Early this year, Genesee County was selected to be the recipient of technical assistance and funding to develop a Crisis Intervention Team (CIT) program with resources made available through the NYS Senate and allocated to the NYS Office of Mental Health.

The Office of Mental Health (OMH), Division of Forensic Services, is managing the crisis intervention services initiative.

Crisis Intervention Team (CIT) training is a program that has been developed to help police officers in situations involving individuals with mental illness. The concept of CIT began in Memphis, Tenn., in 1988, and has become nationally known as the “Memphis Model” of pre-arrest jail diversion for those in a mental health crisis. 

A Crisis Intervention Team is a group of experienced police officers who volunteer to receive an additional, one-week training in mental health-related issues.

Last week, local law enforcement officers from the Genesee and Wyoming County sheriff's offices, the City of Batavia Police Department, Village of Le Roy Police Department, Village of Attica Police Department, and Genesee and Wyoming county probation offices participated in training.

The training will prepare officers so that when they are the first responders to an incident, they have the knowledge, skills and support to de-escalate situations and divert individuals from the criminal and juvenile justice systems, when it’s appropriate to do so.

Among the goals of CIT programs are to reduce the number of arrests of individuals with mental illness, refer them to treatment facilities or other support services, and eliminate adverse incidents between law enforcement and those with mental illness. CIT programs involve ongoing collaboration and partnerships between, and among, law enforcement, the mental health system, and consumer and advocacy groups.

Photo: Local law enforcement officers from the Genesee and Wyoming County sheriff's offices, the City of Batavia Police Department, Village of Le Roy Police Department, Village of Attica Police Department, and Genesee and Wyoming county probation offices who participated in CIT training.

Deputy Sheriff exam to be offered in September, filing deadline for it is July 18

By Billie Owens

Genesee County Human Resources Department announces an open competitive examination for Deputy Sheriff, O.C. #65-623.

SALARY

Genesee County -- $28.43 – $31.42 per hour (2018)

VACANCY

This examination is being held to establish an eligible list to fill future vacancies, which may occur during the life of the eligible list.

An eligible may receive only one permanent appointment from this list. Once appointed, there will be a Probationary Period of 8-78 weeks based on performance of duties. During this probationary period the Department Head has the ability to terminate employment, without cause.

Residency Requirement to Participate in the Examination

Candidates must have been legal residents of Genesee County at the time of examination and for at least two months prior to the date of the examination.

Residency Requirement for Appointment

Candidates must be residents of Genesee County at the time of appointment.

LAST FILING DATE --- JULY 18, 2018

EXAMINATION DATE --- SEPT. 15, 2018

To find out about the minimum qualifications, education, filing fees and other requirements, see the full Deputy Sheriff listing here.

NOTE: ANY CHANGE TO A SCHEDULED EXAM, WHETHER A CANCELLATION RELATED TO A WEATHER EMERGENCY OR OTHER CONDITION, WILL BE ANNOUNCED ON RADIO STATION WBTA AM 1490 THE MORNING OF THE EXAM. PLEASE DO NOT CONTACT THE HUMAN RESOURCES OFFICE.

Police Officer exam to be offered in September, filing deadline for it is July 18

By Billie Owens

The Genesee County Human Resources Department announces an open competitive examination for Police Officer, O.C. #65-746.

SALARY

City of Batavia -- $49,654 to $63,057, annually (2018)

Village of Le Roy -- $22.80 per hour full-time, $21 per hour part-time (2018)

Village of Corfu -- $16 per hour (2018)

VACANCY

This examination is being held to establish an eligible list to fill future vacancies as they occur. An eligible applicant may receive only one permanent appointment from this list. Once appointed, there will be a probationary period of 8 to 78 weeks based on performance of duties. During this probationary period the department head has the ability to terminate employment without cause.

Residency Requirements to Participate in the Examination

Candidates must be legal residents of Erie, Genesee, Livingston, Monroe, Niagara, Orleans or Wyoming county at the time of the examination and for at least two months prior to the date of the examination.

Preference in Certification for Residents for Apppointment -- Section 23(4-a) of the Civil Service Law

When preference in certification is given to residents of a municiplaity pursuant to subdivision 4-1 of Section 23 of the Civil Service Law, an eligible applicant must have been at least two months prior to the date of the certification, a resident of the City of Batavia, the Village of Le Roy or the Village of Corfu in order to be included in a certification as a resident of such municipality.

Last Filing Date --- July 18, 2018

Examination Date --- Sept. 15, 2018

To find out about the minimum qualifications, filing fees and other requirements, see the full Police Officer listing here.

NOTE: ANY CHANGE TO A SCHEDULED EXAM, WHETHER A CANCELLATION RELATED TO A WEATHER EMERGENCY OR OTHER CONDITION, WILL BE ANNOUNCED ON RADIO STATION WBTA AM 1490 THE MORNING OF THE EXAM.  PLEASE DO NOT CONTACT THE HUMAN RESOURCES OFFICE.

Multi-agency training allows officers to practice active threat scenarios together

By Howard B. Owens

Dealing with active threats is the focus of two weeks of training hosted by Batavia PD in a vacant building at the NYS School for the Blind.

Officers from Batavia PD, the Sheriff's Office, State Police, and Probation are participating.

It's unfortunate, said Chief Shawn Heubusch, that these days, officers have to be ever ready, either on their own or as part of a team, to deal with somebody who is threatening the lives of other people.

"We learned a lot from the situation at Columbine," Heubusch said. "It used to be, surround, create a perimeter, wait for the cavalry to arrive, and then go in. That is no longer the norm. If there is an active shooter or active threat going on, you may be the first officer there, you may be the only officer there, but you’re going in and you’re going to take care of that threat to the best of your ability.

"That thinking has changed dramatically from the early or late '90s when these situations, unfortunately, became more prevalent."

The purpose of multi-agency training is to ensure all officers who respond to an active threat situation have gone through the same training because in a small county where law enforcement resources are limited, officers from agencies will be working together.

"We’re not a big huge department," Heubusch said. "We don’t have a 100 cops on the force. We don’t have 50 cops on the street at any given time. There may not be even 50 officers in the county, or less than that, at any given time, so you’re going to get what shows up."

In the training scenarios, officers from different agencies are working side by side as much as possible so they're learning the same tactics at the same pace.

"You just never know who is going to be available in a given situation and you’ve got to be familiar with tactics and on the same page," said Officer Marc Lawrence.

The training consists of classroom instruction followed by walk-throughs of techniques using simulated weapons and then "force-on-force" training, where offices are using weapons with clips filled with paintballs.

That's perhaps the most valuable training both Heubusch and Lawrence said and something officers don't get often through the normal course of training.

"When you go through the academy or you go to the range, it’s kind of a static environment," Heubusch said. "You’re shooting for the seven-yard line or the 15-yard line or something like that. This puts you in a real-life scenario situation where your energy is up, your adrenaline might be pumping a little bit. (Force-on-force) gives you more of a real-life look at things."

There's a price to pay, which keeps you on an edge, when there are real projectiles flying, Lawrence said.

"You may get shot with a simulation round," Lawrence said. "They hurt. They leave welts. And you get shot if you don’t do your job as a police officer. If you don’t clear a room properly, you may get shot."

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