3 Schenectady officers disciplined in wake of crash

3 Schenectady officers disciplined in wake of crash

SCHENECTADY — Three members of the Schenectady Police Department will face disciplinary action as a result of the Dec. 30 off-duty accident involving Assistant Chief Michael Seber and the subsequent investigation, the police chief said Wednesday.

Seber rear-ended a vehicle that night on Erie Boulevard in an accident that was initially blamed on “driver inattention/distraction.” But subsequent allegations that alcohol might have been a factor launched the internal probe.

That probe has now concluded, with no criminal charges against Seber. The alcohol question ended up inconclusive, Police Chief Mark Chaires said Wednesday, because of what he called the poor quality of the initial accident investigation.

“By poor, we mean the standard tests that are given at the scene of an accident where alcohol impairment is suspected or alleged weren’t done in this case,” Chaires said. “We’re not happy with the investigation. We feel like the standard tests probably should have been done in this case.”

Each of the officers responding to the scene would have been subordinates of Seber. Chaires termed it “a viable theory” that Seber’s rank may have influenced the lack of tests.

However, Chaires added, “I wouldn’t say that Assistant Chief Seber did anything to intentionally use his authority to discourage them. … Their perception of the difference in rank might have been why they didn’t proceed down that road.”

None of the three facing disciplinary action have been suspended or placed on leave. Chaires refused to identify any of the three, even to say if Seber was among them.

Asked if the officer whose name is on the accident report, Officer Thomas Ciampolillo, was among them, Chaires also declined to answer.

“What I will tell you is not everyone who was involved in this incident is going to be facing disciplinary charges,” Chaires said.

The accident report itself, Chaires said, will be revisited.

The report describes the accident as a rear-end collision, with Seber’s 2006 Toyota hitting a 2007 Chevrolet driven by Donald Nash of Ballston Lake.

No one was injured in the 9:47 p.m. accident. Seber was alone. Nash had three others in his vehicle. At least one of the vehicles had more than $1,000 in damage, according to the report.

Fault in the accident was already established as Seber’s, Chaires noted. But there are ways to note whether alcohol is suspected or found. No suspicion was noted.

None of the three officers cited will immediately face suspension or paid leave, Chaires said.

Chaires said the Seber case does not compare with the five officers out on paid leave for much of last year from another case involving alleged alcohol use. In that case, involving DWI suspect Donald Randolph, there were allegations of excessive police force. Police also had trouble determining what the exact facts were, Chaires said. Disciplinary charges also had to wait until a criminal probe concluded. Three of the five returned to work on Sunday. Two others remain out.

In the current case, there were no force allegations and police believe the action taken is appropriate.

The Seber accident capped off a year in which Schenectady County drunken driving arrests were down overall. Schenectady and three surrounding departments saw reductions.

Two other officers also faced arrest, accused criminally of drunken driving: Sgt. Joseph Peters IV and Officer John Lewis.

Despite the lack of criminal charges in the Seber case, Chaires said, the department’s investigation lets members of the department know exactly what is expected.

“We’re sending a clear message after this through the department: there is less than zero tolerance for driving while intoxicated,” Chaires said, adding later, “Everybody down here makes more than enough money to afford a $20 cab ride.”

Seber has served as assistant chief since 1998, following 10 years on the force; he was 38 when he was promoted. He has tried for the top spot twice, in 2002 and last year, losing out both times.

He has overseen the patrol division since an October shake-up. Previously, he oversaw investigations and the vice squad. It was under his watch that a vice squad member was arrested and admitted to taking drug evidence. A grand jury report later criticized the supervision of that squad, but Seber was not specifically named.

Seber also played an important role in the FBI investigation of corruption in the department. He was one of three supervisors assigned to the investigation from its inception in 1999. Federal prosecutors praised his efforts, saying he faced retaliation, including derogatory cartoons, from anonymous officers who were angry that supervisors would help the FBI. Four officers served prison time from that scandal, involving misuse of drug evidence and informants.

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