Police Union Prez' Emailed 'Threat' May Violate Fed Laws

Allege: Pittsfield Police Conduct Records Search on Journalist Without 'Probable Cause'

by G.M. Heller
Published: April 2, 2011 06:30AM

Pittsfield, Massachusetts -- A top union official in the local that represents the City of Pittsfield's police officers and police administrative personnel recently sent an email to union 'rank and file' containing what could be construed as a warning and threat of retaliation if any member were found passing along embarrassing departmental information to journalists investigating the scandal-plagued police department.

This comes in the midst of an investigation by a multi-agency federal task force looking into alleged widespread use in Pittsfield of anabolic steroids, the illegal doping drug favored by body-builders.

A probe, acknowledged to be "ongoing" by a U.S. Postal Inspection Service information officer in Boston (with agents of the U.S. Drug Enforcement Administration allegedly participating), has resulted in at least one Pittsfield Police Department detective and one Massachusetts State Police trooper being temporarily re-assigned.

Marc Maddalena, president of Local 447 of the International Brotherhood of Police Officers (an affiliate of the Service Employees International Union), which local also calls itself the Pittsfield Police Patrolman’s Union, acknowledges in an online comment posted April 1st to sending the recent email message "to my fellow officers and civilian staff".

Officer Maddalena further admits in his comment that in fact he "did ask them to stop talking to people like Mr. Valenti" (the reference to 'people like Mr. Valenti' apparently referring to anyone engaged in investigative journalism).

But, claims union president Maddalena, "not becaue their (sic) is a cover up going on, but simply because whoever is providing this information is not someone partaking in the investigation and thus is spewing information without all of the facts causing more harm than good and distrust within the comunity (sic) needlessly."

He goes on, "When the investigation is complete the facts will be brought forward and people can develop their opinions then. I am disappointed in the person providing incomplete information as I believe anyone would be. That is all."

Local journalist Dan Valenti, on his Web site PlanetValenti, claims to have obtained a copy of the Maddalena email, and describes the document, saying "It basically warns members to shut the heck up and don’t speak to Valenti. You get caught speaking to Valenti, you’re busted."

Mr. Valenti went on to explain, "We’re exaggerating our paraphrase here for effect. There were members who did not appreciate getting scolded."

Those union rank and file to whom Mr. Valenti refers apparently have good reason not to appreciate 'getting scolded'.

That's because the content of union president Maddalena's admitted email communication to union members, especially if it contains the warning and implicit threat Mr. Valenti claims, likely violates sections of not less than three separate federal statutes.

The specific laws applicable to a union official making specific or implied threats to rank and file in order to intimidate individual members either from exercising their right of free speech, and/or right of association, and/or from going public with information of suspected governmental wrongdoing, include the 'Wagner Act' aka 'National Labor Relations Act', the 'Labor-Management Reporting and Disclosure Act of 1959', and of more recent vintage, the 'Whistleblower Protection Enhancement Act of 2007'.

Dan Valenti, Publisher, PlanetValenti.com

What's more, Officer Maddalena's apparent disregard for federal statutes is not limited just to ignoring the laws governing labor relations and whistleblowers.

Officer Maddalena, who serves as a uniformed officer in PPD's Patrol Division, also appears to have difficulty complying with Constitutional guarantees set forth in the Bill of Rights.

It was Officer Maddalena himself, in a comment the union president posted March 31st onto PlanetValenti, who reminded Mr. Valenti that indeed he should remember just who Officer Maddalena is.

That's because Officer Maddalena says he once stopped Mr. Valenti in downtown Pittsfield for what appears now to have been a minor traffic violation, so minor in fact that, according to Mr. Valenti, no ticket was ever issued!

Here is Officer Maddalena's description of that first encounter with Mr. Valenti, followed by Mr. Valenti's own recollection:
Officer Maddalena: "Mr. Valenti, I am an officer with the PD and the union president. You know who I am because I have stopped you for a motor vehicle infraction before on North St.".
Dan Valenti: "As to the matter of 'You know who I am because I have stopped you for a motor vehicle infraction before on North St.', officer Maddalena has the advantage. The Planet doesn’t know who he is because of this. We couldn’t pick him out of police lineup. Here are the facts, which we have no problem sharing. The Planet was stopped (guessing six years ago) by a patrolman in a squad car as we traveled east on Linden Street taking a left to go north on North Street. We assume that is officer Maddalena’s reference, since we have never been stopped downtown otherwise. The Planet is one of the world’s safest drivers, you see. Ask Mrs. Planet. The patrolman stopped us and said we went through a red light. We didn’t. The light was green, turned yellow in the middle of our turn, and red by the time we got safely onto North Street. After we discussed his version versus mine, a most professional and cordial conversation, he decided not to issue a ticket. In other words, he agreed we were right — no violation. Glad to clarify. We remember the officer for his professionalism and politeness."

Now does Officer Maddalena seriously expect the public, reading his own words on PlanetValenti, to swallow the line that he remembers a name, face, and uneventful traffic stop from more than half a decade earlier involving a greying middle-aged driver to whom he did not issue a citation?

Or is it more likely that Officer Maddalena, having heard of, or read, the various insider revelations pouring forth lately from Mr. Valenti's computer keyboard onto the Planet Valenti web site relating unsavory goings-on within the Pittsfield Police Department, simply decided either on his own or with the aid of others in the department -- with no probable cause whatsoever to believe that Mr. Valenti had engaged in any sort of criminal act -- to do a little research, detective work, to scope out just who is this fellow Dan Valenti?

It would appear that without probable cause, and in direct violation of Mr. Valenti's Fourth Amendment right against illegal search and seizure, Officer Maddalena ran Mr. Valenti's name through the police department's computer database in order to see just what could be discovered about Mr. Valenti and his sources of information.

What Officer Maddalena apparently found was information about one lone traffic stop sometime about six years ago for which no ticket issued. <<<<<

The following are excerpted comments posted to PlanetValenti on the thread dated March 31st:

From:

Marc Maddalena

March 31, 2011 at 5:48 pm

Mr. Valenti,

I am an officer with the PD and the union president. You know who I am because I have stopped you for a motor vehicle infraction before on North St. I would like you and everyone to know that we support both officers Mchugh and Ofc Kirchner fully. Both are highly respected officers within the department as a result of their work ethic and commitment to their fellow officers and their community. Despite what many, including you, may think these officers have provided a great service to this city over the years that has gone unnoticed as it does for all our officers except amongst each other. If only this city had an idea of what really takes place out there. The only source of information, the Eagle, barely scratches the surface of the incidents this department responds to. Over 40,000 calls for service a year and over 1400 arrests.

In regards to our Chief Michael Wynn, this union is also in full support of him and his ability to run this department. We have complete confidence in our chief and his ability to CONTINUE to take our department in a positive direction as he has done since taking over. Again, all going unnoticed since it does not sell papers or is not “Sexy” enough for your blog.

This department is made up of many incredible men and women who start their work days by putting on a bullett (sic) proof vest and no matter what you or anyone else says or may think of any of us, if you ever have to dial those three numbers…..We will always be there and it will go unnoticed.

Respectfully,
Ofc Marc Maddalena
President, IBPO 447
Pittsfield Police Patrolman’s Union

----------------------------------------------------
From:

Marc Maddalena

April 1, 2011 at 6:43 am

Sir,

The Pittsfield Police Union, since I have been at the head, is not against drug testing by any means. As firefighter Bartini stated, it has to be negotiated into the contract and has been on the table each time the last three one year contracts that I have been apart of. However, due to the economics of the city, the negotiations have been a quick 1%, 1 year deal with the hopes of expanded negotiations and a longer term deal that very well could include a form of random drug testing. I speak for all of my officers when I tell you that we are not against random drug testing.

In regards to my email to my fellow officers and civilian staff. I did ask them to stop talking to people like Mr. Valenti not becaue (sic) their (sic) is a cover up going on, but simply because whoever is providing this information is not someone partaking in the investigation and thus is spewing information without all of the facts causing more harm than good and distrust within the comunity (sic) needlessly. When the investigation is complete the facts will be brought forward and people can develop their opinions then. I am disappointed in the person providing incomplete information as I believe anyone would be. That is all.

And thank you to all who do support your civil servants of this community. I cannot express how much we all appreciate it.

Ofc Marc Maddalena

-----------------------------------------
From:
danvalenti
April 1, 2011 at 12:35 pm

The Planet got word of the e-mail President Maddalena sent to the members immediately after it was sent … well almost. We were a step ahead (though we admire the move by Ofc. Maddalena in trying to head that off from the pass in his second letter to this website) and 15 steps ahead of the BB. The memo quotes from The Planet’s reportage. It basically warns members to shut the heck up and don’t speak to Valenti. You get caught speaking to Valenti, you’re busted. We’re exaggerating our paraphrase here for effect. There were members who did not appreciate getting scolded. Despite what some may want to say, The Planet isn’t manufacturing any of this. We are reflecting what’s going on in the department. We are neutral. Mirrors don’t make judgments.

---------------------------------
From:
GMHeller
April 1, 2011 at 12:48 pm

Mr. Valenti,
Is there any state or federal law that addresses union officials ‘warning’ union members not to engage in free association and/or free speech under ‘threat’ of union punishment?
In other words, is it even legal for a union official to make threats of that nature?
If possible, please publish on your Web site the email you received (redacting, of course, any information that would identify from whom you received this document.

----------------------------
From:
danvalenti
April 1, 2011 at 1:19 pm

Don’t know.
Also, I wouldn’t classify the union head’s communication with the members as a “warning” with a “threat.” It was a request for all troops to lower the Blue Curtain by stop talking to the press.

----------------------------
From:
GMHeller
April 1, 2011 at 2:00 pm

Understood, but you, yourself, construed that email as saying that “It basically warns members to shut the heck up and don’t speak to Valenti,” as you so succinctly stated above.
No doubt your source for the email also construed it similarly (otherwise why bother forwarding it to you).

----------------------------
From:
GMHeller
April 1, 2011 at 2:02 pm

And you further paraphrase the email as saying,“You get caught speaking to Valenti, you’re busted.” You don’t consider that giving a warning and making a threat of retaliation in the event that warning is not heeded?

----------------------------
From:
danvalenti
April 1, 2011 at 2:07 pm

I won’t characterize it other than what I’ve written.

----------------------------
From:
GMHeller
April 1, 2011 at 2:48 pm

Mr. Valenti,
Please post the wording of the email so that your readers can decide for themselves whether there was a warning and/or threat implied in this email from local union officials to union members specifically not to exercise their free speech rights.
Thank you. <<<<<

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Write to G.M. Heller at editor@berkshirerecord.com