LENIHAN v. CITY OF PITTSFIELD PART 3: FEAR AND LOATHING IN PPD ONLY HELPS THE CRIMINALS
By DAN VALENTI
PLANET VALENTI NEWS AND COMMENTARY
Third of Four Parts
(FORTRESS OF SOLITUDE, WEDNESDAY, AUG. 26, 2015) — When news splashed across front and home pages that Sgt. Mark Lenihan filed his lawsuit against the city demanding a jury trial against the mayor, police chief, and a police captain, it pried loose sources both within the Pittsfield Police Department and those connected to it. Lenihan’s courageous act has given voice to long-buried concerns that have been to now suppressed because of what once source calls “incredible fear in the department.”
The source of that fear? Founding Father, one of the informants speaking to THE PLANET on condition of anonymity, says the fear exists “mainly because [Capt. David] Granger runs the [PPD] on fear and retaliation and [chief Mike] Wynn lets him.” If true, then it also means the mayor is OK with this arrangement. He is, after all, the capo di tutti capi.
Wynn, Granger, and the mayor are named as defendants in Lenihan’s federal suit. They are charged with retliating against Lenihan for his whistle-blowing; violating his civil rights via “threats, intimidation, and coercion;” conspiring to “deny [Lenihan] promotion to the rank of Lieutanant and to attempt to remove Plaintiff from his employment;” and “intentional infliction of emotional distress.”
‘Extreme, Outrageous’ Action ‘Beyond All Possible Bounds of Decency’
Lenihan alleges that the actions of mayor, the police chief, and Capt. Granger against him were “extreme in degree and outrageous in character … beyond all possible bounds of decency” resulting in “emotional injuries,” suffering, loss of income, “fear and emotional distress, loss of status in the community, loss of reputation and promotional opportunities.”
Lenihan is asking the court for “punitive damages” against the city and the three individuals named in the suit. Moreover, he seeks recuperation of attorney’s fees “and such other relief as the court deems appropriate.”
THE PLANET is trying to imagine, specifically, what Bianchi, Wynn, and Granger did to Lenihan to cause him to publicly accuse them of actions “extreme in degree and outrageous in character … beyond all possible bounds of decency”? That’s what the jury trial will clarify.
We ask: Is such an atmosphere, which the suit calls “utterly intolerable,” conducive to effective crime fighting in a city being overrun by violence and mayhem? Is there a causal relationship between the reign of terror at the PPD Lenihan has alleged and the city’s unprecedented crime wave?
Wife Backs Sgt. Lenihan
Meanwhile, Lenihan’s wife, Mimi, posted a defense of her husband on Facebook. Mimi Lenihan wrote on Aug. 23:
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“I know I dont normally discuss my personal life on social media, but since there is an article on the front page of the Berkshire Eagle today about my husband, I thought I would comment. Any of you who really know Mark either personally or professionally know he is a stand up guy who will fight for what he feels is right no matter the cost. He has stood up for many people throughout the years and has protected women, children, animals and the elderly. He also protects the officers he supervises and takes pride in that, and that’s why he still gets up and goes into work everyday knowing that within the last year at any time, someone may stab him in the back.
“With that said, the article is pretty true to form with the exception that Mark was THE ONLY ONE who passed the Captain’s test and had the highest mark on the Lieutenant’s test. He was bypassed three times, and those scores were valid for all three promotions. The article states that he was disciplined three times as well.
“One of those times was back in 1987. He was promoted to Sgt. after that incident and has been a Sgt. for 18 years. So it’s interesting that its being brought up again now. The second was when he abandoned a post. He was wrong, thought his replacement was at the station but was not, and he takes full responsibility for that. The third was when he was given an order, and he didn’t feel like it protected his officers and that it wasnt in their best interest. He said no, so by protecting them he refused the order. Say what you will about that.
“My husband is not perfect. None of us are. But I know he will always have my back because that is the kind of person he is, even in his personal life. I am just really grateful to be married to him and also grateful to have the support of many of you that have private messaged me and texted and called. I am also really luck to have a workplace where I can voice my opinion whether my bosses like it or not, and I am encouraged to continue to do so. As no one person knows all the answers all the time, continuing to listen to everyones opinion about policy and change and accepting it, can lead to a better work environment for all and respect for each other. Thanks all.”
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Mimi Lenihan works as a dental hygienist at Yarmosky Pediatric Dentistry in Pittsfield.
THE PLANET doesn’t know who’s telling the truth in Lenihan v. Pittsfield. That’s what the trial will determine.
We do know that a 28-year veteran of the force does not bring such charges lightly.
Meanwhile, word of the division and turmoil within the PPD plays right into the hands of the criminals and gangs, a direct consequence of Dan Bianchi‘s failed tenure. It becomes more urgent that ever to see that he doesn’t not win another four years in office. It has become literally a matter of life and death.
TOMORROW, THE CONCLUSION OF LENIHAN v. CITY OF PITTSFIELD.
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“My love is of a birth as rare / As ’tis for object strange and high; It was begotten by despair / Upon impossibility.” — Andrew Marvell, “The Definition of Love,” (1681).
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.
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“On Tuesday [August 25th, 2015], the city [of Pittsfield] denied Lenihan’s allegations vowing to defend its actions.”
http://wamc.org/post/pittsfield-police-officers-files-suit-against-city-claiming-retaliation#stream/0
I remember reading the same response by the city of Pittsfield to the Walter Powell discrimination case the city of Pittsfield lost in federal court. Pittsfield had to pay Walter Powell over $1 million in damages about 13 years ago.
The more things change, the more things stay the same. If the evidence supports Pittsfield police sergeant Mark Lenihan, Pittsfield may have to pay again for its corruption, conspiracy, and relations.
Darren Lee published a letter, below, to the editor of the BB stating: “Mayor Bianchi’s commitment to the city and his attention its financial well-being are exemplary.”
I find his statement to be totally wrong!
The new Taconic High School project will cost the city taxpayers tens of millions of dollars and increase the city’s municipal tax bill to record levels never seen before in Pittsfield politics. The only growth in Pittsfield politics under Mayor Bianchi and his recent predecessors are:
* Taxes and fees
* Budgets, spending, and huge debts that will never be paid off in our lifetimes
* Poverty and welfare caseloads the envelop about 70 percent of the local population
* An ever shrinking tax base and population losses in the thousands
* A very corrupt, entrenched, insider’s political order that only serves the vested interests
* Murders, violent crimes, unsafe city streets, drugs, and gangs
* Poorly performing public schools with high dropout and truancy rates
* Over 600 Pittsfield students choicing out of Pittsfield public schools per year
* A useless PEDA business park contaminated with cancer causing PCBs
* A dead downtown most people avoid, especially after hours
SATIRE: “Great job, Mayor Dan Bianchi, managing Pittsfield’s downward spiral!”
– Jonathan Melle
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“Bianchi is committed to city’s best interests”
The Berkshire Eagle, Letters, August 25, 2015
To the editor:
As a lifelong resident of the city of Pittsfield, a local attorney, and an active volunteer in the community I wish to express my support in the upcoming mayoral election for Daniel L. Bianchi.
I have worked closely with the mayor as an attorney for the city on projects such as the Berkshire Innovation Center, Taconic High School project, and the tax title auction. Mayor Bianchi’s commitment to the city and his attention its financial well-being are exemplary. The mayor also carries himself with dignity and conducts all of his duties with high level of skill and values that I share.
Please join me in supporting Mayor Bianchi in the election this fall.
Darren M. Lee, Pittsfield
JM: Can you research what Darren Lee’s salary is as a part time city solicitor? Did he get a recent raise ? His city position was vacant for years before Mayor Bianchi gave him this position. On keeping with Pittsfield’s legacy of nepotisim; Isn’t Mr. Lee related to Gerry Lee, former police chief and city council president ?
This is hardly what one would call an objective endorsement.
Darren Lee’s salary for FY 2015 was $27,460 for FY 2016 his salary is $35,218
Regarding what Darren Lee said in his letter to the editor about the mayor. I have to say that is the only nice thing I have heard anyone say about Mr Bianchi in a year. Could everyone else be wrong? And who is Mr Bianchi s campaign manager? Is it Darren?
His attention to the City’s Financial well-being is exemplary. Really? Dumbfounded!!
I agree. Worst Mayor in the history of Pittsfield. 90% of the people I know will never vote him back in. That is a very high number. I think everyone has had enough of his shenanigans. But again what are the choices?
I agree that the choices stink. At this point we can only choose the lesser of two evils. Bianchi needs to go. Progressive Tyer will definitely be a problem and will need constant input from the public about what she is doing wrong or we will end up with another Bianchi.
Ohhhhhhh…. Of course I read that wrong!!! His attention is to the Financial Well -being of the good Ole boys. That is exemplary!!!!! Especially Collingwood who is so incompetent he gets a raise. Why would I think for a minute that this lie was complimentary for you the Taxpayer……..What a bunch of sh…..t
We are here because in the previous election – the Mayor ran unopposed, as did many counselors.
while we may not always like the choices we have – there is nothing like a choice top spur debate. whether Tyer will be a perfect replacement (discounting the other two as not viable), her presence is what sparks the debate. opposition is what keeps the light focused on what an official does, says they will do, and allows us the chance to keep score on whether they did what they said (or tried to).
based on comments here – no one is really suitable to be Mayor, because if they do something you disagree with, they will quickly be labeled as corrupt. Maybe we need to step back and remember that in order to do their job, all counselors and the mayor need enough breathing room to do things which we may not all agree with but move us forward.
otherwise, we end up with the sh** show we have now where those in office just act knowing that if no one runs against them, there is no consequence for their actions. who in their right mind would run knowing this is how they will be treated if they vote to spend money on something we may disagree with.
this lawsuit is a result of emasculating the Chief by not making him permanent. when there is a lack of permanence in a leader, others read that as a lack of leadership, and the vacuum will be filled by someone with a stronger personality. the chaos in the PPD is exactly what one would expect in this situation – and the resulting increase in crime as those on top worry more about ensuring they stay out of the internal cross fire is also what we should expect. all of this came from the broken promise by a man we twice elected – which is why we need to hold our elected officials accountable to their promises, not just sloughing off their lack of follow through as what folks say to get elected.
I think doing what you say is more important than not raising taxes. taxes may or may not go up over time – but not keeping your promises is a sign that you did not honestly approach the job as you said you would when you ran for office.
Very well said, Southeast! I could not agree more with your comment.
There are a lot of “passionate” people who follow Dan’s blog (me included), but Southeast is 100% correct. Bitching and complaining about current mayor and city council is not going to solve any of Pittsfield’s problems. We will never have a mayor or city council who will make everyone happy, but honoring your promises and acting in good faith, in an open manner will get my support every time. Of course, the current Mayor is the complete opposite of this and I cannot wait to see him get his a$$ handed to him in the November election!
Go Pats!!!!
OFF TOPIC; Just a concern about the roadways in the City. Who engineered the outer North Street traffic pattern. Example; Going North to South turning left onto Crane or Left onto Wahconah there is a dangerous consequence, you get the green arrow, however you also get just green and how in the hell do you know when the North or South traffic gets red, you can’t see it??? The other situation is, well the whole length of East Street, speedin in front of PHS then going to outer East becomes a double lane by the old Pittsfield Rye Bakery, as you go further down the Fenn and East By Haddad’s is probably the worst intersection in the City, very dangerous. Why hasn’t that been set up for some kind of light? Over the years?
THe City has a long standing traffic engineer, of course, the installation may not match the plans.
there is a light planned for the intersection of Fenn/East and Silver Lake Blvd/East – supposed to be done when the street is redone.
“Don’t you dare stand before open mic and embarrass the city for any reason. We will get even with you. Let Lenihan and what we are doing to Gaetani serve as a lesson to you. Remember “you can’t fight city hall”, send your children to our indoctrination centers, pay your taxes and above all, keep your mouth shut. You have been warned!”
– Mayor Lockdown
I predict this case will be won by the city. This should be fought in civil service appeal.
Either way the taxpayer foots the bill.
Planet: Please investigate to the validity that the Mayor has hired a political consultant from outside the Berkshires to help him win the election.
What’s your point? Is it against the law? I’m not a big Bianchi supporter.
I don’t think Mayor Bianchi needs a political consultant to win reelection.
Juxtaposition Pittsfield or what? Money is missing from the Patrolman’s union , no response because this is an on going investigation. A 92 woman is arrested, cuffed and ground stabilized no response. A highly A highly respected police Sgt. with 28 years service files a claim and not only can we expect a quick response but a vigorous defense.
A good daily paper would follow up on the stories until there was resolution. bold editor would pint out that in the DPS if a person embezzled from their union or employer – charges would be filed, and the results of the investigation would go before a Judge. this officer, still employed and never charged is therefore protected under his rights as an employee.
the 88 year old lady, same thing – though her family never peeped up so there may be more to the story, but again, a good daily paper would have gone out, spoken to the woman (not just read the police report) and given us a ore complete picture of the facts
and a good daily paper would have gone out and looked at Sgt. lenihan’s career, showed us if in fact he is decent cop, and made an inquiry as to how the Department is being run.
Given that the Eagle hates cops, I am surprised they are silent on the issues involving alleged wrongdoing by cops since they hate them so much (until they need them).
Also, the theme here is ” a good daily paper”.
a lot of what goes on quietly would be disinfected by the light of day if we had a good daily paper. a blog is great for discussion – and this one does a great job of bringing stories to light, but if we had a good daily paper, there would be so much more exposed that maybe less wrong doing would occur.
Yes, Ron…..that’s exactly how they roll. Cover it up. Keep it under wraps. Power heads that steam roll over the Public.Because they have to grease each others palms. I hope Mr. Lenihan exposes their dirty clique for exactly what they are.The Mayor is at the top of the list.He has created a culture that is anything but exemplary.
Spagirl…don’t forget they just hired someone that will do half of Collingwood’s job for him…after his pay raise
I haven’t forgotten. Mr.X…… This Mayor is as arrogant and incompetent as the one he protects.
What happened to the pedestrian that got hit in the crosswalk at First and Orchard? Many months ago.
I agree with everyone that the choices for mayor really stink. At this point we can only choose the lesser of two evils. Bianchi needs to go. Progressive Tyer will definitely be a problem and will need constant input from the public about what she is doing wrong or we will end up with another Bianchi.
Tyer will be Rubianchi
Why not vote for Walto, she can’t do any worst than our other choices.
She can’t do any better either! I would almost vote for that squirrelly Geatani guy. I did say almost 😉
Officer Lenihan is a decent guy. I feel bad that he was forced to take the necessary steps in hopes of being treated fairly.
Accident at Fenn and East today.
Was anyone else at the union hall forum last night? Gaetani had Bianchi on the run all night and Tyer talked a lot but didn’t really say anything. Walto is ok but my vote is going to Gaetani. Let’s break away from this GOB stranglehold .
Was that the first debate between the candidates?
Banke for Mayor!
In the Private Sector we had a fellow worker who was the job detail head and we worked on the Floor. He would assign overtime and although he was able to use his higher rated job and join US on the Floor for overtime. He would also make it convenient to give himself the Fluff job on overtime at the higher rate above the other hourly employees. And if you complained he would conveniently assign the complainer to crummy job of the day.