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Buffalo Police Commissioner responds to the NYCLU’s analysis of police misconduct records

Buffalo PD Commissioner addresses media
Alex Simone | WBFO-FM 88.7
Buffalo Police Commissioner Joseph Gramaglia addresses the media Sept. 23, 2023.

Buffalo Police Commissioner Joseph Gramaglia rejects the New York Civil Liberties Union’s (NYCLU) call for civilian oversight of the Buffalo Police Department (BPD) and said that internal officer misconduct investigations have got “substantially better” thanks to training and technology.

Gramaglia made the comments in response to the NYCLU’s analysis of over 900 internal police misconduct investigations conducted by the BPD.

Speaking to WBFO for the first time regarding the findings, Gramaglia defended the department’s current internal investigations practices and said that the records, which span 1995 to 2023, do not accurately reflect internal investigations in recent years.

The BPD investigates complaints made against officers through its Internal Affairs Division.

“We are seeking the truth of whatever that truth is in an investigation,” Gramaglia said. “We want the facts, and then we will move forward appropriately with those set of facts.”

The NYCLU’s analysis is the first of multiple data releases concerning complaints made against Buffalo Police Officers and the ensuing internal investigations. That means the dataset is incomplete. The records in this release pertain to active and recently retired officers according to the NYCLU.

The NYCLU found that of 934 separate police misconduct investigations, complaints were “sustained” 86 times, meaning the complaint was upheld and the officer was found at fault. Of those 86 sustained investigations, only 38 officers were reprimanded according to the NYCLU.

Twenty-eight were suspended for at least one day and no officers were fired or put on probation.

Below are excerpts of Gramaglia’s responses to the NYCLU’s analysis and WBFO’s reporting.

Discipline

The NYCLU’s findings indicate that police officers are rarely disciplined for wrongdoing – of 86 "sustained" investigations, just 38 officers were reprimanded - but Gramaglia disagreed with that assessment.

An image of a Buffalo police cruiser. It is white and dark navy blue. On the side of the car, it reads Buffalo Police. On the back of the window, it reads "B-District 280".
Dallas Taylor | WBFO News
A Buffalo police car sits on the side of the street in downtown Buffalo.

“What we want is the truth of the matter when a complaint is filed," Gramaglia said. "And you know, just because a number of complaints are made, it doesn't mean that they're true and it doesn't mean that they're not true. And where we have sufficient evidence that a rule and regulation was violated, our manual procedures were violated, we will certainly move forward with discipline."

Gramaglia said that the outcome of “not sustained” - indicating insufficient evidence to determine the validity of a complaint – has been used “far less” since the introduction of body cameras in 2019, which aid in investigating allegations of police misconduct.

“I can say in my time as commissioner now in over two and a half years, I could probably count on one hand the amount of times I might have used “not sustained,” he stated.

"Don't hold me to the exact number here, but I just know that it is very far and few between, because our investigations have gotten substantially better.”

Gramaglia put the claimed improvements down to continued training for internal affairs investigators and the increasing amount of surveillance technology available to support investigations, such as cameras belonging to privately owned businesses and homes.

Scope of the records

Gramaglia noted that the dataset is incomplete and contains records of complaints dating back years. The dataset ranges from 1995 to 2023. He told WBFO that policing is “far different” from when some of the investigations were undertaken.

“We do a much better job than we did in the 90s and in the 2000s in policing on being open and transparent, but being very thorough as well,” Gramaglia said.

“It's kind of tough to look at what happened in the decades of the past compared to what's happening now," he added. "And this partial report comes out now, that makes it seem like this is a problem right now. We are very well aware that things needed to be changed, reformed, adjusted over the decades, and we have continued to do that over the years.”

Database and tracking complaints

The NYCLU found that the BPD lacks "a systematic tracking system for officer complaints” and said the BPD “fails to engage in any data tracking or similar analysis. It has also failed to produce any data, database, or data spreadsheet that tracks or collects information about officer complaints and misconduct.” The NYCLU was made to individually analyze thousands of records from the department’s disciplinary cards, Internal Affairs Division memos, and employee history records as a result.

But Gramaglia said there “absolutely is a database,” though he accepts that there have been changes in how data was tracked and logged over the years.

“You're going back to 1995, and things were quite different. And for a great number of years, we used a system that we have since gone away from. There were some changes as to how some things were categorized.”

The NYCLU analyzed 934 internal misconduct investigations from the Buffalo police Department.
NYCLU
The NYCLU analyzed 934 internal misconduct investigations from the Buffalo police Department.

He maintained that a single database now exists and that the department’s tracking will be “even better than it was before.”

“What we have transformed into over the last - probably about 16 or 17 months now - we've changed our records management system," said Gramaglia. "We have gone on a singular records management system that is inclusive of all reports. We basically went from three siloed systems into one.”

Asked if there is a system for reviewing complaint and misconduct records Gramaglia responded:

“We have weekly file reviews. I meet with internal affairs, essentially almost weekly. And if for some reason I'm not available, one of the Deputy Commissioners is involved in it and generally all three of us — the two deputy commissioners and myself — are involved in those weekly file review meetings.”

Civilian oversight

The NYCLU recommended that the City of Buffalo create a civilian review board to oversee the BPD — a police oversight model implemented in many municipalities across the country.

But Gramaglia has rejected a push for a citizen’s review board in Buffalo in the past. That continues to be his stance, citing increased judicial oversight.

“We are governed by the most oversight that I think policing has ever had,” he said.

“You have to be wary of the Department of Justice. You've got departments that fall under a consent decree. You've got the Attorney General's Office, who now over the last four years is by executive order responsible for reinvestigating complaints that have already been investigated by the department.”

“The Attorney General's Office also retains jurisdiction over all fatal encounters involving police,” he added. "Some research suggests, that civilian oversight of police does not necessarily mean increased accountability."

Transparency

Gramaglia touted his transparency as the leader of the BPD – “I think the public is aware that I am very open and transparent,” he said – and pointed to the fact he has released bodycam footage “when it’s important to the public.”

However, the NYCLU had to sue the BPD to get hold of the records after the police department denied a 2020 Freedom of Information Request (FOIL) for their release.

So is the BPD truly transparent?

Gramaglia thinks so.

“We absolutely are,” he said.

He maintains that the BPD’s FOIL department is quick to respond to requests and “very thorough.” Though he was unclear on the circumstances surrounding the release of this particular record and said whatever challenges the law department initially may have had, they “worked through.”

Certain personal information — some concerning citizens — had to be redacted before the records were made public, which took a “significant amount of time,” he said.

Holly Kirkpatrick is a journalist whose work includes investigations, data journalism, and feature stories that hold those in power accountable. She joined WBFO in December 2022.
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