Tag: Tim Howard

NYCLU Sues Erie County Sheriff

One comment

The New York Civil Liberties Union is suing the Erie County Sheriff’s Office over its use of cellphone surveillance. The Stingray device is used by law enforcement to locate and track people; it mimics a cell tower, prompting a cell phone to transmit its location and identifying information.

Although a warrant is not always needed for some surveillance, sometimes it is.

Via Slate

 

The problem isn’t just broad-based surveillance of people’s cell phone signals, but the fact that law enforcement agencies refuse to comply with Freedom of Information requests seeking data on how and how often the Stingray is used.

NYCLU is suing the Erie County Sheriff over its refusal to turn over information on its use of Stingrays, pursuant to FOIL:

“The Sheriff’s Office has spent more than $350,000 since 2008 on this surveillance equipment – it is ridiculous for them to suggest they have no paperwork or records on the matter,” said NYCLU staff attorney Mariko Hirose. “The blanket denial of our entire request, without any explanation, only underscores their wholesale disregard for the right to privacy.”

She also questioned the sheriff’s claim that the information the NYCLU is seeking could reveal criminal investigative techniques or endanger the life or safety of a person. She said the information “will enhance the public’s understanding of the sheriff’s use of Stingrays.”

The NYCLU says the surveillance devices were developed for military use and are about the size of a briefcase. It says the devices mimic cellphone towers and surreptitiously prompt cellphones in their vicinity to deliver data to them.

“Armed with Stingrays,” it says, “law enforcement can – without any assistance or consent from cellphone carriers – pinpoint a person’s location in the home, in a place of worship or in a doctor’s office, collect the phone numbers that a person has been texting and calling, and in some configurations, intercept the contents of communications.

“Stingrays also can be used to conduct mass surveillance on people in an area, whether for a protest or a lecture or a party,” it says. “Even when used to target a particular suspect, Stringrays sweep up information about innocent individuals who happen to be in the vicinity.”

Good for NYCLU. It’s not that law enforcement shouldn’t have this tool; it’s that we have a right to know how it’s used, and whether it’s being appropriately used.

Sheriff Howard Underpaid, Like Schoolteachers

45 comments

Sheriff Tim Howard beclowned himself again by taking a job working security for M&T Bank.  On top of that, he even did the sort of thing that’s supposed to really piss off the WBEN right in western New York: he used his county take-home vehicle to get to and from work at the bank. 

But Howard is shameless, and whines that the work was, like, really fulfilling and totally cool. It was also paying him $50/hour. 

If this was merely the first time Howard did something embarrassing, corrupt, or stupid, it’d be bad enough. But as the News points out, 

It’s hard not to conclude that this is simply another episode of the sheriff’s pattern of poor judgment. That deficiency was on display when the jail was plagued with prisoner suicides; it was on display in the aftermath of jail escapes, including that of Ralph “Bucky” Phillips; and it was on display last fall when he pitched for votes by promising not to enforce the state’s new gun law known as the SAFE Act. This is a law enforcement officer who has shown he is without any sense of the propriety his high office demands.

It is true that Erie County’s sheriff is woefully underpaid. Howard’s salary is just $79,000, a ridiculously low figure given the importance of the job to county residents. Incredibly, Howard is paid $32,000 a year less than his undersheriff, Mark N. Wipperman, though it’s fair to say that Wipperman does a better job running the department than his boss.

But if money was a motivating factor for Howard, the answer wasn’t for him to cheat taxpayers of a full-time sheriff by moonlighting as a bank detective. It was to petition the County Legislature and county executive for an increase in pay, and then to rally support for the point. Most sheriffs, though perhaps not this one, could have made a strong case for a higher salary.

Better yet, if the Sheriff’s salary is so “low” at $79,000 (I really need to remember that line the next time some half-baked asshole attacks public school teacher salaries), Mr. Howard can simply resign and go to work for M&T full time.

Tim Howard’s Spycraft

14 comments

America’s Worst Sheriffs

Add to the laundry list of “why Sheriff Tim Howard is awful” the fact that his department bought a $350,000 device that mimics a cell tower and allows police to surveil every cell phone call and text in range. Since this story broke, big 2nd Amendment “I won’t enforce the law” hero has dummied up. He won’t comment, and his department won’t explain why and how it’s used this device, or whether it’s obtained the needed warrants to do so.

Without a warrant, any evidence gather from, or as a result of, intercepted conversations is no good in court.

Erie County Legislator Pat Burke is calling for hearings on this, and hopefully everyone gets some answers.

I guess Tim Howard isn’t going to enforce the 4th and 5th Amendments, either.

Running Government Like A Business

4 comments

Had he not been such a consistent Collins sycophant for so long, I might just feel some sympathy for Erie County Sheriff Tim Howard. After yet another episode of a dangerous detainee being mistakenly released under his tenure, there was something new in the mix – candor. The new Democratic administration and Legislature weren’t looking to place blame, but to solve the problem. 

A longstanding one that’s been known for a long time. 

[youtube http://www.youtube.com/watch?v=qjuXySiM_5A]

Howard and Collins had both viciously fought off any criticism from Democratic electeds and politicians like, e.g., then-Comptroller Mark Poloncarz, about hiring more staff to adequately do their jobs. This despite multiple tragic and embarrassing cases of inmate suicides, early releases, and escapes – most notable among them being Ralph “Bucky” Phillips’ escape from the Alden Correctional Facility, which resulted in three shot cops, one of whom died. 

[youtube http://www.youtube.com/watch?v=NtAcb-fydFg]

Most recently, an accused attempted murderer was mistakenly released for about 20 hours on March 8th due to an epic paperwork screw-up. Howard was brought before an Erie County Legislature committee to explain what happened. Now unshackled by any loyalty to the Collins crew, Howard was uncharacteristically forthcoming. He blamed the screw-up on overworked deputies and clerks, many of whom were on their third consecutive 16-hour day. Some had made mistakes when entering information from the court, and rebuffed questions about the release from a newer clerk. 

[youtube http://www.youtube.com/watch?v=idd3STYUCAY]

Legislative chairwoman Betty Jean Grant asked Howard whether the Sheriff’s Department had asked for more staff to rectify this issue. 

Undersheriff Mark N. Wipperman said yes and that the former county executive punished the department for the request.

“We asked for seven additional records clerks at $13.18 an hour for the 2011 budget, and the executive reponded by cutting all of our secretaries, administrative clerks, and eliminating management positions and reducing my salary,” Wipperman said.

Get that? Collins’ relentless push for “efficiency” and “running government like a business” resulted in punishing the Sheriff’s office for asking for adequate staffing. 

In answer to Hogues’ and Grant’s questions on what steps have been taken to prevent further mistakes on improper inmate releases, Howard said:

  • Paperwork from State Supreme Court and Erie County Court on inmates is now immediately entered into the jail’s computer records once it is sent over from the courts.
  • Efforts have been increased to speed up the activation of a new universal computer system that would electronically transfer the most recent court actions inputed by court clerks, eliminating the need for those records to be manually updated by sheriff’s records clerks.

In addition, Howard said the state’s Commission on Corrections, which oversees local jails, will meet at 2 p.m. Monday with his department to review its final draft of a staffing-needs analysis of the sheriff’s jail management division.

That document is expected to require the county to hire 60 to 80 new employees, both civilian and sworn personnel, to meet the manpower needs of the downtown Buffalo Holding Center and county Correctional Facility in Alden.

What we’re learning is that the Collins-Romney Six Sigma, “run government like a corporate raider” ideology is an abject failure. The needs and goals of government services like running a jail and policing the community cannot be held to the standards of the American private sector. 

Just because a corporate worker is overworked, underpaid, given few benefits, and threatened daily with outsourcing doesn’t mean that’s any way to run a Sheriff’s Department. 

[youtube http://www.youtube.com/watch?v=lnc1Uqur02w]