Remember Anthony Bologna, the New York police officer seen on videos pepper-spraying female Occupy Wall Street demonstrators at close range? An internal NYPD review finds that he violated departmental standards on the of pepper spray. His punishment: he will lose 10 vacation days. (via Warren Ellis)

  • Daemonworks

    10 days without pay seems rather light for assault.

  • Guest

     Better than nothing. Wait. No it isn’t.

  • Antinous / Moderator

    Yay.  10 more days that he can spend on the street tormenting citizens.

  • fulltext

    The women should all file assault charges against him and sue the city

    • http://www.jjsaul.com Jim Saul

      Absolutely she should file civil suit, and press for criminal prosecution.  

      The internal discipline is bullshit coverup, but it also is an admission that his behavior was unwarranted, unauthorized, and illegal, and that evidence is admissible in a civil suit over assault, and over civil rights violations.Further, and this is different in every state, and it’s been 15 years since I kept up on the relevant case law, the immunity enjoyed by police is pierced by proof that behavior is far outside the scope of their reasonable duties… it may have to be farther over the line than is established by this finding, but it may not.  I don’t know, but the ACLU certainly does.

  • http://pineappledonut.org Lachlan Musicman

    Where is this guy’s union? I agree that he should be punished, but removal of vacation days is exactly the type of thing that 1%-ers would think of. I can’t imagine a 99%-er thinking it was a suitable or acceptable punishment, and as an anarchist, I think it’s offensive to our rights as workers.

    • Finnagain

      You’re defending him as a fellow worker here? Wow. This was assault hiding behind official uniform.

      I’d like to see this guy’s record. I’d bet this is not the first time he’s been talked to by the cap’t.

      • http://www.jjsaul.com Jim Saul

        Here’s an article about him facing civil rights violations for actions during the 2004 Republican convention protests.  Wasn’t that about the first time we heard the term “free speech zones?”

        http://www.guardian.co.uk/world/2011/sep/27/occupy-wall-street-anthony-bologna

      • http://www.facebook.com/profile.php?id=100001873071925 Bruce Diamond

        I’ve reread Lachlan’s comment twice now, and I don’t see where he’s defending Tony Baloney’s actions, or that this was a just punishment. I read “offensive to our rights as workers” as meaning he’s offended that Baloney got such a light rap on the wrist. Am I wrong?

      • joeposts

        I assumed he was being facetious and hit the “like” button. Tony Baloney could appeal the decision, with full union support, from what I could tell in the article.

        “Bologna … may choose to appeal the decision … The union earlier had said Bologna’s actions were motivated by his concern for the safety of officers under his command and the safety of the public.”

        In the interest of public safety, the consensus seems to be that he should get a longer vacation.

      • http://pineappledonut.org Lachlan Musicman

        Of course I am. It’s similar to what Chomsky says about speech – you might not like it, but you have to defend their right to say it. I don’t like what he did, and if I made the law, he would be charged with assault, imprisonment etc. But it’s definitely a terrible punishment and a terrible precedent.  

      • Layne

        That’s the whole problem – the union or dept. brass are backing him up, when they should really be dropping the hammer on him. And I’m pretty certain this isn’t his first violation. In cases like this, it’s usually only the tip of the iceberg.

        Loss of a vacation day is a non-punishment. This guy needed to be made an example of. Civil suits are just gonna spin endlessly and usually only result in cash payouts that come from taxpayers. 

        The trigger-happy culture of the NYPD needs to change, but they’re nowhere near serious enough about it. Maliciously assaulting the general public is only a minor inconvenience to them. 

        • Guest

          Loss of a vacation day is a non-punishment.

          meaning: your free time is theirs.

    • Moriarty

      “but removal of vacation days is exactly the type of thing that 1%-ers
      would think of. I can’t imagine a 99%-er thinking it was a suitable or
      acceptable punishment”

      You know, people don’t actually become a different species once they reach a certain percentile of wealth. (Also, “as an anarchist,” you certainly don’t speak for 99% of people. You know that, right?)

      • http://pulse.yahoo.com/_MLAKC2J76NFB64XLSLUKEHF4J4 Daniel

        If you’re an anything you don’t speak for 99% of people.  Don’t be a jackass.

        • Moriarty

          “If you’re an anything you don’t speak for 99% of people.  Don’t be a jackass”

          Indeed. Only a jackass would claim to speak for “the 99%.”

          Wait…

      • http://pineappledonut.org Lachlan Musicman

        heh. I also know I speak for no other anarchists, it’s a funny political theory like that :)

    • http://www.nathanhornby.com/ Nathan Hornby

      I actually agree.

      I think this is both an unfairly harsh punishment, and an incredibly light one at the same time.

      When people work they have rights, holiday is one of them.  Sure, fire the guy and do him for assault, but taking away his holiday?  It feels me with mixed opinions.

  • EH

    He’s already got months of vacation days, SUCKERS!

    Was he on Paid Detail Unit?

  • http://imcravingpresidency.tumblr.com/ SedanChair

    I wonder what would have happened if he had sprayed Bloomberg in the face. Or anyone important.

    • http://profiles.yahoo.com/u/5OQFBZ26C3VQ5ONGZGDBDY4BUU Mark A

      “I wonder what would have happened if he had sprayed Bloomberg in the face. Or anyone important.”

      The protesters are important. Bloomberg only thinks he is important.

  • teapot

    Just like all the calm voices predicted! The legal process will always sort out abuse of power, so let’s all be calm and not respond with threats. Because Gandhi cries when you say mean things.

    </smug “I told you so”>

  • parrotboy

    Flying S. Monster what a fucking joke.

  • AndrewLorente

    Bologna has been with the NYPD for 29 years, which appears to put his salary at $90,829. So by my math this is roughly equivalent to a $3500 fine. As a punishment that doesn’t sound too wishy-washy to me.

    Incidentally, am I reading that salary page right? A hard cap on salary after 5.5 years? This guy’s on the wrong side.

  • xenphilos

    If they’re not going to fire him, at least he deserves a kick in the balls.

  • http://pulse.yahoo.com/_HF7FRXJJHBZ3NKYWOIIJ2QGCMY bob jones

    and what would the punishment have been if a protester had maced him?   i’m betting it wouldn’t have been the loss of 10 vacation days.

  • Rindan

    And people wonder why no one trusts the fucking cops.  What a bunch of corrupt brutal pigs.

  • http://doran.pacifist.net/ Doran

    His apologists are still pushing the “he was protecting society” line.

  • That_Anonymous_Coward

    because you haven’t pissed off enough of the 99% yet, lets just slap them in the face again.

  • http://Ohitsteddy.com/ Oh its Teddy

    cops flashing lights , losing vacation days for blatant video recorded assault, i have friends serving serious time for less then that,   the Police reaction to #OWS  is going to cause a complete disregard for the law

    • EH

      That’s the hard part of conducting a peaceful protest, right? The police would love for the protests to occur on their terms, but until the establishment can antagonize groups to the degree that it becomes a police matter, they’re stuck with these petty nosethumbs.

    • Guest

      Which protests are -you- going to?

  • Cowicide

    That’s ok, his name is mud and he won’t be able to show his face to decent people without scorn for the rest of his life.  Scumbag.
    http://www.youtube.com/watch?v=953PkxFNiko

  • http://lemoutan.blogspot.com/ Lemoutan

    The incident sparked outrage by demonstrators and … helped propel the
    movement into the national spotlight
    Obviously this officer is in the pay of the demonstrators, Soros, the left, etc.

    (What do you mean it would help my case if I picked only one? Are you mad?)

  • http://twitter.com/DRUNKHULK DRUNK HULK

    BOLOGNA! NOW YOU THINK ABOUT WHAT YOU DONE DURING YOU 10 PAID DAY LEAVE!

  • Snig

    This is the kind of guy who gets decent cops killed.  They’re not all like this, but as long as cancers like him are allowed to stay in the ranks, he will be the face of the NYPD. 

  • Someone Else

    He’s one of those “bad apples” that everyone is always talking about. Unfortunately I think the meaning of that term has been lost over time. Through common usage it seems to mean that the majority are good people and since it’s only a few people causing problems, little or nothing needs to be done. If you think about the metaphor, though, the real lesson is that those few people can “infect” the others very rapidly, meaning they must be removed as quickly as possible. In other words it’s not supposed to mean no action is necessary…it’s supposed to mean IMMEDIATE action is necessary. I’m not sure that forcing him to be on the streets for an extra ten days really counts as immediate action.

  • travtastic

    Oh hai Anon. Didn’t see you standing there.

  • Diogenes

    “To Protect and Serve” their wealthy clients.  
      
    Remember the cowardly bully in school who would suck up if you were bigger than him, but bully the kids that were smaller than him?  All of us in both groups disliked him.  He became a cop.

  • badcop

    Wouldn’t it be cool if someone mailed his kids a smiling photo of him during the incident with a caption reading:

    When I grow up I want to be a Police Inspector just like my daddy and get $37 hour on the private “Paid Detail Unit”, doing god’s work for my corporate oligarch overlords, pepper spraying corralled deaf female protesters who threaten the safety of officers and the public.

    PS Not to worry, my daddy may have lost 10 days vacation pay but Jamie Dimon promised to lend him his 100′ yacht “It’s Your Dime” for 2 fully paid weeks of vacation just because he hit the deaf girl right in the eyes.

  • Niel de Beaudrap

    I understood Lachlan’s comment as follows. This punishment of Bologna is completely inappropriate in two different ways:

    * Most people’s point — it is not proportionate to what he did;
    * Lachland’s additional point — it sets a precedent of employers stripping vacation time at their discretion.

    Anyone concerned about the rights of workers, in any work environment, should be concerned about any employer setting an unchallenged precedent of stripping vacation time as a punishment. I do not feel sorry for Bologna, but I also think that this punishment is inappropriate for the *second* reason as well as the first.

    This punishment is totally inappropriate in two independent ways; independent that is, except inasmuch as they are both symptomatic of the cultural ills which have brought about the need for protests such as OWS in the first place.

    • Guest

      ZING. No, really, well said. 

    • http://pineappledonut.org Lachlan Musicman

      Exactly. Thanks for being eloquent/a translator

  • drukqs

    If only we had a mikado in charge. (https://www.youtube.com/watch?v=AYTw8KRGKZw)

    • Felton / Moderator

      +1 for starting my morning with Topsy Turvy / G & S.

  • CSBD

    I think she should pursue civil rights violation and federal criminal charges against him.

    If she swears out a complaint in federal court, it will cost him or the department much more money to fight than if she gets a judgement in civil court that he never has to pay.

  • Lobster

    They should give him MORE vacation days.  Like, “the rest of his life.”

    • Guest

      and a scenic view, like the exercise room, or the common yard. 

  • http://www.facebook.com/people/Oliver-Schmieding/100000452523362 Oliver Schmieding

    the american inquisition poked him with the soft cushion.

  • zebbart

    I agree that he should be criminally prosecuted and receive disciplinary action from his employer in the form of demotion, reassignment, even pay cut or termination, but that taking away vacation time is wrong. If anything this guy probably needs more vacation. As others have said, vacation should be a right an not a reward that can be taken away.

  • ZikZak

    The NYPD, like other police departments, functions in many ways like a gang.

    A gang is not concerned about its members committing crimes – in fact, that’s sometimes a major part of gang activity.  They may, however, punish members for being excessively reckless and damaging the reputation of the gang – essentially for getting caught or attracting heat.  However the purpose of this punishment is not to eradicate crime from within the gang, but to ensure that its ongoing activities don’t attract unwanted attention.

    Considering the situation in this context, it is beyond silly to imagine that the cop would be fired, charged with assault, or even held civilly liable.  The criminal justice system is not accountable to itself.  The only thing which can hold a gang accountable is an outside force which refuses to be subject to the gang’s influence, and has the power to defend itself.

  • spacemanmatt

    Let’s not forget a couple of things.

    1. 0% of the 1% are involved in the protests. The cop, his victims, the camera/phone operators who collected the video evidence against the cop are all part of the 99%. For emphasis: THE COP IS PART OF THE 99%. HIS BOSS IS PART OF THE 99% TOO.

    2. This cop did what he did because he felt he would not be punished. Regardless of the reality, he did not fear legitimate prosecution for his crimes. This must change or we will end up with mob justice, and I don’t think any rational person wants that.

    • http://www.jjsaul.com Jim Saul

      While I agree with your general points, “0% of the 1% are involved in the protests” is definitely not true.

      Here’s one – Naomi Wolf being arrested last night:

      http://www.guardian.co.uk/world/2011/oct/19/naomi-wolf-arrested-occupy-wall-street

      It’s a fantastic and useful slogan, but don’t forget that the reality is that the majority of even those at the top are in support of the movement.  Many of those participating on this discussion, on this blog are in the top 1% of earners.

      I definitely want to see them keep using the slogan for its simplicity and power, but stay aware that the “other side” is basically a few dozen wingnut oligarchs, a few thousand dedicated wanna-be power players in republican politics, about 17% of the population who share an authoritarian mindset, and another 20% who side with the oligarchs out of either stockholm syndrome, aspirational magical thinking, or simple unthinking team/fan loyalty.

      • Mister44

        re: “a few thousand dedicated wanna-be power players in republican politics,”

        Fixed that for you.

        • http://www.jjsaul.com Jim Saul

          Point well taken, considering perps like Summers, Rubin, and Geitner.

    • http://profiles.google.com/macrumpton Michael Crumpton

      The cop is part of the asshole section of the 99%

  • Mister44

    This could be a the beginning of a great retro-rap song.

    Bass, all up in your face
    Mace, all up in your face
    When the white shirts come,
    It feels like East Berlin,
    ‘Cuz they wail with fists and Capsaisin.

  • aynrandspenismighty

    If I pepper-spray a cop, do I only lose 10 days pay?

  • Aurvondel

    According to the NYC police department, this is one of the standard allowed punishments. It looks like he got the maximum penalty within that particular class of complaint.

    http://www.nyc.gov/html/ccrb/html/ccrbsub.html

    A “command discipline” is imposed directly by the subject officer’s commanding officer and may vary based on the seriousness of the misconduct, the officer’s disciplinary history, and the officer’s performance records. The penalties range from an oral warning and admonishment to a forfeiture of up to 10 days of vacation or accrued time.

  • 106milesite

    Worth doing some math here.  I haven’t the foggiest how much he gets paid, but at his rank, he’s probably making in excess of $80K/year.  Probably a lot more, but I’ll go with $80K for this exercise.  That’s roughly $40/hour.  $320/day.  So it works out to a $3200 penalty if the ten day loss of vacation days stands up after whatever appeals he makes.  The likelihood is that he has vacation days banked that he’ll cash in for a lump sum when he retires, so the loss of vacation days for him will effectively be a a $3200 penalty.  

    • Mister44

      I thought $80K was crazy high. I was wrong. According to this he probably makes over $170-190K a year. A cop 5 years on the job makes $90K. I guess the cost of living is a lot higher in NYC, but I looked into police work in my area and it wasn’t any where close to that. Hell – my wife who has a law degree  and her friend who is a doctor don’t make that combined!

      Source – the roll over thing is screwy  – just keep clicking and read it as the info flashes on and off. http://nypdrecruit.com/benefits-salary/promotional-opportunities

      • benenglish

        Law enforcement pay in NYC is an odd subject.  I’m retired from a federal TLA that had to give major, specially authorized bumps in pay to attract *anyone* to a Special Agent job in the city.  For our guys, the job pretty much required you live fairly close to your work and cases, at least close enough to get to the office or stake-out in a short period of time.  Thus, no one who rode heavy rail commuter trains from far away could do the job.  You had to live, at most, a short subway ride from the office.  Even that was considered an inconvenience; it’s always best if an SA has their own car and can go directly to a scene following a cell call and arrive quickly.

        Bottom line – we needed Special Agents who actually lived in the city and couldn’t get any.  With a 28.72% bump in pay based on location, starting SAs in New York make $43,738.  After a year, that goes to $53,500.

        I hear it’s hard to live in the city on that amount of money.  Even with mandatory overtime, a Special Agent makes only a touch over 130% of the figures cited above.

        Last I heard, we pay enough to keep the positions filled but we don’t exactly get the best and brightest to start their careers with us in NYC.

        I’m not surprised that officer Tony, given his years on the job, is making close to $200K.

  • AirPillo

    Can someone help me find the correct contact at the NYPD to arrange trading my vacation days for the chance to assault officer Bologna?

    I’ve going about this all wrong, all my life. I never assaulted anyone even if I might have wanted to, because I thought I’d be arrested for it.

    Now, today, I learn that you only get arrested for it unless you can barter some trivial thing for it. I’m gonna beat the shit out of so many people, now!

  • http://profiles.google.com/macrumpton Michael Crumpton

    I am pretty sure if one of the protestors had sprayed a cop with pepper spray they would have gotten a far worse sentence, if they lived until the trial.