• Meeting Called to Order – December 12, 2023, 11:00 A.M.

• Roll Call:  Inspector David Regina, Suffolk County PD, Director of Public Safety Richard Tantalo, Monroe County, Chief Kenzie Spaulding, Corning PD, Chief William Worden, Port Jervis PD, Commissioner Kenneth Jackson, Garden City PD, Chief (ret.) Daniel Denz, West Seneca PD (NYSACOP Traffic Safety Services Coordinator), Chief (ret.) Michael Geraci, Schenectady PD (NYSACOP TSOL), Assistant Chief (ret.) William Georges, Albany PD (NYSACOP TSOL & TSC Chairman).

• No guests at this meeting.

• Approval of November 8th, 2023, Committee Meeting Minutes:

1st: Chief William Worden
2nd : Director Tantalo

• Updates/Status on Previous Agenda Topics:
• NYS TAP Committee/DRE Issues:

Inspector Regina reported that he attended (via Zoom) the NYS TAP Committee meeting on November 15, 2023. He relayed that there are now over 400 certified DREs statewide. He said the consensus of the Committee is that those DREs are being significantly under-utilized operationally. He further related that there are several problems the program continues to encounter: 1) There is an inherent problem attracting qualified candidates; 2) There continues to be a high percentage of participants who fail the training course; 3) Due mostly to retirements and promotions, there is a high turnover rate of those who get certified; and 4) Those who are in the program have a difficult time with the recertification process.

Inspector Regina also noted that there are only two locations in the nation for DRE practical skills testing (Philadelphia, PA and Jacksonville, Fl.). He said the NYS TAP Committee discussed the possibility of a site opening somewhere in NY however, the logistics are not amenable to move forward at this time.

Inspector Regina reported that DCJS is trying to develop protocols for Green Lab SFST testing.

Chairman Georges discussed the overall status of SFST training in NYS.

TSOL Geraci discussed his concerns with reported DRE enforcement evaluation numbers on an annual basis and the relationship to credible courtroom testimony. He requested that Inspector Regina ask for the average number of enforcement evaluations per DRE in the State.

• Oral Fluid Testing:

Chairman Georges reported on his appointment to the NYS Oral Fluid Testing Workgroup as the representative for NYSACOP and how they are currently developing protocol for roadside testing. He also reported that the NYSP have started a pilot program relating to evidentiary oral fluid testing.

Chairman Georges relayed that he had a discussion with Albany Co. ADA Mary Tanner-Richter as to how oral fluid testing would fair in a Frey Hearing. She related all the protocols pertaining to roadside testing have already been presented in prior case law, including the admissibility of oral fluids, and that she believed that there would be no successful challenge in a Frey Hearing.

• Deadly Driving Bill, S.3135/A.174:

Chairman Georges discussed the Deadly Driving Bill being spearheaded by ADA Maureen McCormick, Suffolk Co. DA’s Office. He stated that there is a rally in support of the bill scheduled on January 9, 2024, at 11:00 A.M. on the Million Dollar Staircase at the State Capitol and all the information pertaining to the legislation and rally can be found at the website: www.deadlydrivingny.org. He further relayed that there is a petition to support the bill on the website and encouraged the TSC members to both sign on to it, and forward it out to colleagues, friend and family.

Inspector Regina reported that he has been pushing this information within his agency and as he attends community events.

Chairman Georges reported that the NYSACOP Traffic Safety Team has already pushed out the information to its Point of Contacts and the NYSACOP Board of Governors and will be doing an informational e-mail blast to all NYSACOP members.

• Coalition Against Big Trucks:

Chairman Georges reported that special interest groups are still pushing legislative initiatives aiming to allow oversized/overweight trucks on the roadways. The latest attempt was embedded within the current Farm Bill that was debated in Congress however a continuing resolution was passed that contained no increases in size/weight. The matter will come up again next year and he will keep the TSC members posted as things develop.

• Massachusetts Mandatory Cannabis Impaired Driving Curriculum:

Chairman Georges relayed that he is still working on this issue and will update the committee in the future.

• Crash Data Review:

Chairman Georges asked all TSC members if they had anything to report on this topic.

Inspector Regina stated that Suffolk County is still leading NYS in fatal crashes for 2023. He reported that motorcycle crashes continue to surge and that his agency has investigated 23 fatal motorcycle crashes this year. Of those involved in the crashes, 14 of the operators had no Motorcycle license.

Chairman Georges stated that he is a member of the GTSC Motorcycle Safety Working Group and they discussed the idea of having DMV search all motorcycle registrations whose owners do not have a motorcycle endorsement and send them a notice. DMV has sent an informational letter to all motorcycle registrants regarding the motorcycle operator licensing process and available training courses.

Commissioner Jackson reported that the number of overall fatal crashes in Nassau County continues to climb as well.

• Outreach to Regional Chiefs of Police Associations & Major City Chiefs:

Chairman Georges reported that there are currently plans to conduct Traffic Safety Executive Leadership trainings during the spring of 2024. Specifically, one session in the Southern Tier in January and one in the North Country in March. This training will also be presented at the DCJS/NYSACOP Police Executive Training which will be held at the Niagara Falls Airbase the week of March 18, 2024.

• Traffic Safety Engagement and Equity in Enforcement Programs:

Chairman Georges reported on, and thanked Director Tantalo for, forwarding both the Monroe County “Lights on for Life” initiative and Motorcycle Safety PSA to him and asked Director Tantalo’s permission to share these with GTSC and other interested allied organizations to which the Director agreed.

Chairman Georges reported on a Fairfax County, VA PD video that the Police Chief developed for the department on the importance of traffic safety. Chairman Georges said he will forward the link to this video, along with the links to the Monroe County initiatives to all TSC members at the conclusion of this meeting.

• GTSC Update/Issues: 

Chairman Georges reported that the relationship between NYSACOP and GTSC remains status quo since the last TSC meeting with all overall work/communications proceeding well.

TSSC Denz reported that on December 7, 2023, he had a meeting with DMV Deputy Commissioner Owen McShane at the GTSC Office in Albany. It was a very positive meeting, focused on his vision to get the NYSACOP Traffic Safety Team, along with the other LELs assigned to GTSC, more involved with the American Association of Motor Vehicle Administrators (AAMVA).

Following the meeting with D/C McShane, TSSC Denz had a meeting with all other GTSC LELs, along with meetings with the GTSC Finance team, our Program Manager Rob Lopez, and other GTSC Program Managers. TSSC Denz reported all went well and the exchange of ideas was positive.

NYSACOP Executive Director Pat Phelan has a follow-up meeting scheduled with D/C Owen McShane and GTSC Executive Director Licet Gaveau on December 19, 2023, to collaborate on the future expectations of our FY24 grant.

• New Business:

• New York State “Clean Slate Act”:

Chairman Georges reported on and explained the Clean Slate Act to the TSC members. He related that all information which has been passed along and investigated by NYSACOP has indicated there will be exceptions in place for both law enforcement and insurance companies to gain access to information sealed under this Act.

Chairman Georges further related that NYPD has distributed a clarification memo to their agency staff and the NYPD Liaison to NYSACOP will be forwarding to us for our review. Chairman Georges said he will share it with the TSC members once he receives it.

• NHTSA/NCSA Tools, Publications and Data:

TSOL Geraci reported on a data site managed by US DOT where crash data information, reports and publications on all areas of traffic safety can be accessed. He shared the website link and did an overview of same:

https://cdan.dot.gov/

• LEL/TSRP/JOJ Joint Meeting, Denver, CO, April 6, 2024:

Chairman Georges informed the TSC about the National LEL/TSRP/JOL Joint Meeting in Denver, CO, April 6, 2024 and that TSSC Denz, TSOL Geraci and he will be attending.

• DCJS/NYSACOP Police Executive Training, Niagara Falls, N.Y., Week of March 18, 2024:

Chairman Georges reported on and explained the course to the TSC members.

TSSC Denz stated that NYSACOP was able to secure increased funding from DCJS to assist with hosting the event. This session’s course is still in the development stage with one difference being an additional block of instructional time added to day one. NYSACOP Traffic Safety Executive Leadership will once again be included in this training.

• Traffic Safety Activities and Training Courses:

Chairman Georges went through the list of all traffic safety related trainings currently being offered.

• Other:

Chairman Georges reported on how California is in the process of trying to figure out how to cite traffic violations committed by autonomous vehicles. He also related a legislative initiative at the federal level which would mandate motor vehicle governors that would regulate speed and discussed the continuing rise of automated speed enforcement initiatives throughout the United States.

Inspector Regina reported on his involvement with Below 100 training and that a major contributing factor to in-the-line of duty deaths and injuries involves the use of tire deflation device deployments.

Chairman Georges briefly addressed the new NYSACOP Board of Governors Liaison position with the Tribal Police and how the NYSACOP Traffic Safety Team plans to engage with them in the future.

• Follow-up Activities/Assignments:
• Schedule re: Future TSC Meetings

Chairman Georges discussed conducting the next TSC Meeting via Zoom again and put forth several potential dates. After a discussion involving the TSC members present, January 22, 2024, at 11:00 AM via Zoom was unanimously agreed upon.

• TSC Meetings with Traffic Safety Partners/Guests:

Nothing new to report at this time.

• NYSACOP TSC – Recruitment, Diversity and Succession Plan:

Nothing new to report at this time.

• Topics for “Intersections” and podcasts including guest contributors:

Chairman Georges acknowledged Monroe County STOP DWI Coordinator Lindsay Tomidy and Jean Triest, Traffic Safety Specialist, CPSTI, Monroe County Department of Public Safety, for their contribution to “Intersections” in the December issue of The Chiefs Chronicle.

• Other:

Chairman Georges requested a motion that the Traffic Safety Committee enter into Executive Session:

1st: Chief Worden

2nd: TSSC Denz

Start time: 11:58 A.M.

End time: 12:14 PM

• Date of Next Meeting:
• January 22, 2024 at 11:00 A.M. via Zoom

• Motion to Adjourn:

1st: Chief Worden
2nd: Inspector Regina