Involved Member(s):

Trooper Steven J Missale

Case Type: Personnel Complaint
Case Number: DCN2019-0210
Finding: Founded

Complainant: Unknown

Insp. 11 Rev 6110

Personnel Complaint Work Sheet
Type: Personnel Inv.
Initiated By:

181C

ISub Type:

ICTV:

=Citizen OS =NYSP

I Case Number

Iincident Date: 6/20/ 19
I Detail ~ Troop

Incident Time: 8:00AM
Level of lnvestiaation

3

T

Mode Received l ~EMail
D Fax 1181 In Person I D Letter I D Phone
I D Survey
Synopsis of Complaint: On 6/20/ 19, at approximately 8:29 AM the Professional Standards Bureau received
an e-mail from
gmail.com reportng a marked Troop car (2F84) parked unattended with the
engine running containing a K-9 that barked consistently between 7:00 AM and 8: 15 AM . The author of the
e-mail claims that the Trooper that operates the vehicle is visiting a- - - that resides in the
apartment complex. The author also claims that this is the fourth or fifth time that this has occurred.

Subiectfs) of Complaint
Employee ID #

~

Last Name

First Name

Ml

EOD

Missale

Steven

J

11/ 15/99

Maiden Name

Complainant lnfonnation (if Member see below)
Name

Address

City & State

Home Phone

Work Phone

Cell Phone

Zip Code

Member Information fif comolainanU
Employee ID #

Rank/Name

TZS

Administrative Notification Information - Dates are reauired - Times are desirable
Receiving Member

--

Employee ID #

Rank/Name

Date

Time

Staff Inspector Robert C Gregory

6/20/19

8:29AM

Rank/Name of Member at Troop Notified

Date

Time

Captain Michael J . Drake

6/20/1 9

11:20 AM

Rank/Name of Member Notifying Troop

Date

Time

Staff Inspector Robert C Gregory

6/20/1 9

11:20 AM

Date

Time

Troop Notification

Employee ID #

Employee ID #

Division Notification

Employee ID #

Rank/Name of Member at Division (or Duty Officer) Notified

Staff Inspector Robert C Gregory

6/20/19

8:29 AM

Employee ID #

Rank/Name of Member Reporting Complaint to Division

Date

Time

Employee ID #

Rank/Name of Investigating Member

Date

Time

Lieutenant Chris N Flocatoulas

6/20/19

11 :30 AM

Some f ields have a built-in Help feature t hat will work when opened with Word. With the cursor on the field,
you may click F1 to invoke Help or check the status bar on the lower left for tips on data entry.

4

EW
YORK
STATE

State
Police

ANDREW M. CUOMO
Governor

KEVIN P. BRUEN
First Deputy Superintendent

November J 2, 2019

Trooper Steven J. Missale
New York State Police
TroopT
Albany, New York

Re:

DCN: 2019-0210

LETTER OF CENSlJRE
Dear Trooper Missale:
On March 28, 2019, you were directed by your supervisor to discontinue spending
time beyond you contractually granted meal period at the residence o
However,
you exceeded this time period on May 29, 30, 31 and June 10, 2019. Further, on numerous
occasions from April 1 until June 20, 2019, you leJt your K-9 in your marked vehicle where it
barked repeatedly to the annoyance o( others.

Accor<lingly, you are hereby fonnally censured. Additionally, four (4) days of
Annual Leave will be deducted from your existing Annual Leave accruals.
Sincerely,

c,[fo3~
Kevin P. Bruen
First Deputy Superintendent

Building 22. 1220 Wasnlngton: Avenue. Albany, NY 12226 ! www.voopers,n:,i,go\/

NEW YORK STATE POLICE
OFFICE OF THE ARST DEPUTY SUPERINTENDENT

MEMORANDUM
Date: November 5, 2019

To:

Trooper Steven J. Missale, Troop T
New York State Police, Albany, New York

From:

First Deputy Superintendent Kevin P. Bruen 9.f('J

Subject:

PERSONNEL INVESTIGATION

Pursuant to Rule 3 of the New York State Police, I have reviewed the report
of an investigation into your activities between April and June of 2019.
On March 28, 2019, you were directed by your supervisor to discontinue
spending lime beyond you contractually granted meal period at the residence o f - - However, you exceeded this time period on May 29, 30, 31 and June 1Q,2019.
~ o n numerous occasions from April 1 until June 20, 2019, you left your K-9 in your
marked vehicle where .it barked repeatedly to the annoyance of others.
I find reasonable cause to believe that your behavior violated Regulations of
the State Police, including Regulation 8A3.
It is my judgment that you lose four (4) days of Annual Leave and receive a
formal censure.
Rule 3.5 of the New York State Police Administrative Manual sets forth the
procedures you are to follow.

t

•
FIRST ENDORSEMENT

TO:

Major Douglas R. Keyer, Jr., Troop T
New York Stale Police, Albany, New York

FROM:

Trooper steven J. Missale, Troop T <;1
New York Stale Police, Albany, N~ork

DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Pursuant lo Rule 3.5 of the New York State Police, member; ·

rf'
□

Accepts the penalty imposed b~ the First Deputy Superintendent.
I decline to accept the penalty imposed by the First
Deputy Superintendent. I request, pursuant to Rule
3.5(b), that formal charges be prepared and served
upon me, that a hearing board be appointed and a
hearing conducted. I understand that the penalty
imposed by the First Deputy Superintendent will be
withdrawn and will not be binding on the hearing board,
or the Superintendent,_ once charges are executed.

SECOND ENDORSEMENT

TO:

First Deputy s_u~e~ent Kevin P. Bruen

FROM:

Major Douglas~. Jr., Troop T
New York State Police, Albany, New York

DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Forwarded for appropriate action.

NEW YORK STATE POLICE
OFFICE OF THE FIRST DEPUTY SUPERINTENDENT

MEMORANDUM
Date: November 5, 2019
To:

Trooper Steven J. Missale, Troop T
New York State Police, Albany, New York

From:

First Deputy Superintendent Kevin P. Bruen

Subject:

PERSONNEL INVESTIGATION

W(l

Pursuant to Rule 3 of the New York State Police, I have reviewed the report
of an investigation into your activities between April and June of 2019.
On March 28, 201,9, you were directed by yo ur supervisor to discontinue
spending time beyond you contractually granted meal period at the residence o f However, you exceeded this time period on May 29, 30, 31 and June 10, 2019.
Further, on numerous occasions from April 1 until June 20, 2019, you left your K-9 in your
marked vehicle where it barked repeatedly to the annoyance of others.
I find reasonable cause to believe that your behavior violated Regu lations of
the State Police, including Regulation 8A3.
It is my judgment that you lose four (4) days of Annual Leave and receive a
formal censure.
Rule 3.5 of the New York State Police Administrative Manual sets forth the
procedures you are to follow.

•

FIRST ENDORSEMENT

TO:

Major Douglas R. Keyer, Jr., Troop T
New York State Police, Albany, New York

FROM:

Trooper Steven J. Missale, Troop T
New York State Police, Albany, New York

DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Pursuant to Rule 3.5 of the New York State Police, member:
□

Accepts the penalty imposed by the First Deputy Superintendent.

□

I decline to accept the penalty imposed by the First
Deputy Superintendent. I request, pursuant to Rule
3.5(b), that formal charges be prepared and served
upon me, that a hearing board be appointed and a
hearing conducted. I understand that the penalty
imposed by the First Deputy Superintendent will be
withdrawn and will not be binding on the hearing board,
or the Superintendent, once charges are executed.

SECOND ENDORSEMENT
TO:

First Deputy Superintendent Kevin P. Bruen

FROM:

Major Douglas R. Keyer, Jr., Troop T
New York State Police, Albany, New York

DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Forwarded for appropriate action.

NEW YORK STATE POLICE
OFFICE OF THE FIRST DEPUTY SUPERINTENDENT

MEMORANDUM
Date: November 1, 2019

To:

Trooper Steven J. Missale, Troop T
New York State Police, Albany, New York

From:

First Deputy Superintendent Kevin P. Bruen

Subject:

PERSONNEL INVESTIGATION

Pursuant to Rule 3 of the New York State Police, I have reviewed the report
of an investigation into your activities between April and June of 2019.
On March 28, 2019, you were directed by your supervisor to discontinue
~ time beyond you contractually granted meal period at the residence o f However, you exceeded this time period on May 29, 30, 31 and June 1o,"'2o-1"9.
Further, on numerous occasions from April 1 until June 20, 2019, you left your K-9 in your
marked vehicle where it barked repeatedly to the annoyance of others.
I find reasonable cause to believe that your behavior violated Regulations of
the State Police, including Regulation 8A3.
""
It is myjudgment that you lose ~ s of Annual Leave and receive a
formal censure.
~
.
Rule 3.5 of the New York State Police Administrative Manual sets forth the
procedures you are to follow.

•

FIRST ENDORSEMENT

TO:

Major Douglas R. Keyer, Jr., Troop T
·New York State Police, Albany, New York

FROM:

Trooper Steven J. Missale, Troop T
New York State Police, Albany, New York

DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Pursuant to Rule 3.5 of the New York State Police, member:
□

Accepts the penalty imposed by the FirstDeputy Superintendent.

□

I decline to accept the penalty imposed by the First
Deputy Superintendent. I request, pursuant to Rule
3.S(b), that formal charges be prepared and served
upon me, that a hearing board be appointed and a
hearing conducted. I understand that the penalty
imposed by the First Deputy Superintendent will be
withdrawn and will not be binding on the hearing board,
or the Superinten·dent, once charges are executed.

SECOND ENDORSEMENT
TO:

First Deputy Superintendent Kevin P. Bruen

FROM:

Major Douglas R. Keyer, Jr., Troop T
New York State Police, Albany, New York

DATE:

SUBJECT:

PERSONNEi,.. INVESTIGATION

Forwarded for appropriate action.

PROFESSIONA L STANDARDS BUREA l J
PERSON EL COMPLAINT TRAC KING
OCN: lO I9-02 IO

C TV: FJ627
Subiert(s): Troo per Steven Missalc

REGI ON: SRO

Lf.\/EL: 3

lnvestiS?a'ted bv: Lieutenant Chris Plocawulas
S1·aff Ins pector: Robert Ci reJ?,Ory
SU B.If.CT HISTORY REVIEWED'! IXI
AUDIO? D
ALLEGATION: 1<9 Jeft barkin in unattended blue/ old
S \'NQPSIS: 06/20/ I9 PSB received an emai l from

T\' PE: Pe,·sonlll'I Complainl

Troop Qr Dela ii F
Oate: occurred 06/20/2019
VIDEO'f

0

ON PROBATION?

0

alleging a male Trooper parketla marked NYSP vehicle with a
K9 1r1side at an apa,1menl complex in
and the K9 in theunattendcd vehicle barked all
morning. Complainant staled this ha:J occurred on muh iple occasions.

Investigation revealed Tpr. Steven Missale was ordered by Sgt/SC Worden on 03/29/ 19 not to remnin at
residence for extended period:.; which lasted longer than lheallotted rn<."al period in the PBA Contract. Investigation revcalc.d he
stayed ,H her re~idcnce longer than a meal time on al least four dates. Tpr Missalt: acknowledged his K9 wastypically left ln the
veh icle; he acknowledged 1irnes when his K'> was barking inthc car. and times he did not recall if the K9 barked during his visit.
Major .lames C. Michael, Troop F Commander, recommended that this matter be closed as Founded. with Tpr Steven Missale
violating NYS P:
Reg 8AJ for Failure to Obey a Lawful Order from Competent Authority. and
Reg 8A8(2) for Bringing Discredit Upon the Division.
Staff Inspector Kobcrt C. Gregory concurs with the lindings of Major Michael.
A review of Tpr Missale ·s PSO history reveals Founded Personnel Complaints. including 2 involving the use of a Divisi0n K9
vchick:

DCN2009-055'> 09/ 17/09 Unsafe Operation of Division K9 vehicle. - Censured .
DCN2009-0565 09/25/09 Failure to Safeguard Property/Improper Handling of Evidence (discarded cell phone belonging w
deceased subject) - Censured and Suspended 25 days.

Finding of lnvestigatiou: ~ Founded

Recom111e11ded Level of Adjudication :

O lJ11fou11dcd D Unsubstantiated D Closed by
D Troop Level l2?J Division Level

Adjudicnlec..l at Troop□

lrwcstigatiou

Disposition:

Date Forwarded to Assistant Dl~put.v Superintendent - Professional Standards llureau : I0/08/1 9 - RCG.
Commen1s:

Finding or Investigation: ~ Founded

Recommended Level of Adjudicat ion:

D Unfounded D Unsuhstanlialcd D Closed by lnves{igalion
0 Troop Level (81 Division Level

MSR

( c, C

-<:- --!2,] Division Level Recommended

D Troop Level Recommended

Dale Forwarded to First De )utv Su erintendcnt:

P,IR

)o.

o...:

Fint 0-tv S.Det'lateadellt
Direction:

-

>'

5 V f'l-C

•

D Trooi1 Level-

L o c.,

IO

/:;z 1 /J "l

Return to ChiefJnspector
)ZI Division Level •· Forward to Oi\•ision Counsel
Date Fonvarded to Counsel or the C hief lns1)ector:
0 Tr0OJ> Le,•el
Rank/Na me of Member Notified
Date Notified:

Notified by Whom:

1{f{j7

•
!

NEW YORK STATE POLICE

MEMORANDUM
i

Troop F Station Middletown
Date

September 30, 2019

To:

Deputy Superintende~t Patrick J. Regan, Profession I Standards Bureau

From:

Major James C. Michael, Troop F Commander

Subject:

COMPLAINT AGAINST PERSONNEL - 2
210 - LEVEL 3
TROOPER STEVEN J. MISSALE - EOD 11/15/99 - SP MONTGOMERY

Reference is made to the attached report of Lieutenant Chris N. Flocatoulas and cover
memorandum of Captain Jennifer H. Gottstine, regarding the above subject.
I have reviewed the attached report and agree it is founded. Trooper Missale violated
Division Rules and Regulations, specifically Regulation 8A3: It shall be the duty of all Members to
obey lawful order issued orally or in writing by Competent Authority. He also violated Regulation
8A8(2): A Member shall not act in a manner tending to bring discredit upon the Division.
Recommend appropriate administrative action at Troop level. Forwarded for your
review.
Attach.

Genl. 7

NEW YORK STATE POLICE

..

MEMORANDUM
Troop LStation

SP Monroe

Date._ _....:.:,Se~p~te~ma:..::b..,.e._.r2~2.._,""'20~1=9

To:

Major James C. Michael, Troop Commander, Troop F

From:

Captain JennifurH. Gollstine, Zone Commander, Zone 2 ~

Subject:

COMPLAINT AGAINST PERSONNEL# 201902 l 0
TROOPER STEVEN J. MISSALE, SP MONTGOMERY, EOD I 1-15-99

Reference is made to Complaint Against Personnel #20190210 and corresponding
Gen) 30 cover page report dated September 3, 2019 of Lieutenant CHRIS N. FLOCATOULAS. I
have reviewed Lt. FLOCATOULAS' report and find it properly investigated and submitted.
On June 20, 2019, the Professional Standards Bureau received an email regarding a
K-9 member and his partner. The complainant stated the K-9 was left in a marked police vehicle for
an extended period of time and woke up herself or o1hers in her apartment. The complainant also
went on to state this has happened in the past.
Investigation into this matter found Trooper STEVEN J. MIS SALE did in fact stop at
residence at
, NY on June 20111 and left
his K9in the vehicle. Trooper MISSALE states he heard his K9 barking and attempted to address the
matter, and left the apartment complex when his K9 continued to bark. The allegations that this
happened several times in the past was not able to be confirmed. The complainant has been
uncooperative and failed to recontact after numerous requests from State Police personnel.
However, the State Police A VL records show that Trooper MISSALE did spend an inordinate
amount of time at
residence on the following four days: 5/29119. 5/30/19,
5/31/19 and 6/10/19. Trooper MISSALE was instructed by Sgt/SC ARTHUR WORDEN JR on
3/28/19 not to remain at
residence for extended periods that lasted longer than
the allotted meal time period as stated in the PBA Agreement- Article 12.29.
During the course of the investigation, it was determined Trooper MISSALE did
violate the NYSP Rules or Regulations, specifically Regulation 8A3 and 8A8(2).
Accordingly, this complaint against personnel is Classified/Founded with appropriate
administrative action recommended.

GENL. 30 (REV 2/00)

NEW YORK STATE POLICE
COVER PAGE
TITLE OF CASE

REPORTING
TROOP

MANAGING
TROOP

F

Trooper Steven J. Missale EOD 11/15/1999
Troop F - SP Montgomery

F
TZS

DATE OCCURRED

F231

6/20/2019
Complainant:

INVESTIGATIVE PERIOD

- - (unknown address), mail.com

NY

6/20/2019 - 8/28/2019
REPORT OF

Lieutenant Chris N. Flocatoulas
CHARACTER OF CASE - (CC CODE)

STATION

Complaint Against Personnel (PCT0100)

SP Monroe

DATE OF REPORT
(typed)

9/3/2019

-

CTV CODE

TYPED BY
cnf

SHIELD
1947
CASE#
20190210

STATUS OF CASE
( ) CA ( ) C/EC ( ) C/INV ( ) C/UNF () C/UNS ( X) C/FND
() OPN

REFERENCE:

Complaint of Personnel Investigation# 20190210

ENCLOSURES:
1.
2.
3.
4.
5.
6.

Email correspondence from - - ·
Email .correspondence from Staff Inspector Robert C. Gregory
Email correspondence from Staff Inspector Robert C. Gregory
AVL captures (17)
Spreadsheet with Associated Information
Email correspondence from Lieutenant Chris N. Flocatoulas

7.
8.
9.
10.
11.

Memorandum from Trooper Steven J. Missale
LATS SGhedules (4)
Memorandum from Sergeant/SC Arthur Worden Jr
Personnel Data Sheet

DISTRIBUTION;

FOR TROOP/DIVISION HEADQUARTERS USE ONLY

( ) DHQ ( ) TROOP ( ) OTHER:

APPROVED:

DESTROY IN 20 _

_

_

INITIALS

PERMANENT RETENTION _ _ _ _ _ __ __ _ _ __

ZONE l ~ ~ ~

TROOP4

OHO

C,.

INITIALS _ _ _ _ __
RCN

GENL. 31

REPORT
SYNOPSIS:

On 6/20/2019, the Professional Standards Bureau (PSB received an email from
a person named - - with the email address
mail.com.
The. email allegecl""a'E>Tvision Vehicle was left running, with the K9 barking all morning
and this was the fourth or fifth time this barking has woken up or someone in
her home. A preliminary check by PSB of LATS and AVL records for 6/20/2019,
revealed the member to be Troo er STEVEN J. MISSALE F-SP Mont ome who was
visiting the apartment of

By all accounts, this administrative investigation has corroborated that Trooper
MISSALE's K9 partner did in fact bark while in 2F84 on the morning of 6/20/2019,
outside o f - residence. There is no evidence to support, the totality of
the a d d i t i ~ a d e by
tha~MISSALE's K9 barked
numerous times prior lo 6/20/2019. The complainant- has failed to cooperate
with the investigation, after several attempts to schedule an interview by both myself
and PSB. This investigation found that, in disregard to a direct station order, Trooper
MISSALE spent an inordinate amount of time at
residence,·
specifically on 5/29/2019, 5/30/19, 5/31/19, and 6/10/19.
It is recommended that this case be closed as FOUNDED with appropriate
administrative action to be taken.
DETAILS:

AT SP MONROE
1.
On 6/20/2019, I was notified by Acting-Troop Commander Captain MICHAEL J.
DRAKE of a personnel complaint against Trooper STEVEN. J . MISSALE (F-SP
Montgomery). It was alleged Trooper MISSALE parked his assigned Division Vehicle
2F84, unattended with engine running in an apartment complex on 6/20/2019, while his
K9 partner barked consistently between 7:00am and 8:15am. It was also alleged this
was the fourth or fifth time this barking has occurred, wh~MISSALE was
visiting a in the apartment complex in NY. Captain
DRAKE a s ~ n d u c t the administrative investigation.

fourth or fifth time the barking woke up
correspondence received by PSB from

or someone in her home. The email
is attached as enclosure# 1.

3.
On 6/20/2019, Staff Inspector ROBERT C. GREGORY (H-PSB) advised Captain
DRAKE, PSB has asked the complainant
for contact information so an
interview can be done. A preliminary check by PSB of LATS and AVL records for
6/20/2019, showed the K-9 member to be Trooper MISSALE in 2F84. Two email
correspondences from Staff Inspector GREGORY are attached as enclosures# 2 and
#3.
4.
On 6/20/2019, I reviewed the AVL captures provided by PSB, which revealed
Trooper MISSALE was parked in an a artment com lex named
. It is located on
. From 4/1/2019 to 6/20/2019, he parked either
or
at
a total of 17 times, on 13 different dates. The AVL
captures (17) are attached as enclosure# 4. A spreadsheet with associated information
on each AVL capture is attached as enclosure# 5.
5.
On 6/20/2019, I was instructed by my Zone Commander, Captain JENNIFER H.
GOTTSTINE to order Trooper MISSALE to stop parking his !<9 Division vehicle 2F84 at
t h ~ apartment complex, while on-duty, unless there was a legitimate
c a l ~ at that location. I contacted Trooper MISSALE by phone and
conveyed the order, which he acknowledged. He stated he was visiting at her residence.
6.
On 6/25/2019, I contacted Captain LAWRENCE A. MULLER (H-PSB) and he
informed me t h a t - never responded to PSB's earlier request (6/20/2019) for
contact information.
7.
On 6/25/2019, I sent an email to at
mail.com,
requesting contact information and to schedule an interview, to discuss her concerns.
never responded to my request. My email correspondence is attached as

eiiclosure'# 6.

8.
On 6/26/2019, Captain GOTTSTINE and I interviewed
stated that Trooper MISSALE visited her apartment at
- • NY, back on 6/20/2019. The visit was between 8:00am an
~ l y 30 minutes. Trooper MISSALE was on-duty (1-5 tour)
. The ur ose of the 6/20/2019 visit was
during which
ear
1s
partner barking outside and Trooper MISSALE ttien left the
res1 ence. could recall several ast visits (enclosure # 4 b Troo er
MISSALE ~ d u t y
Accordin to
· the purpose for these past visits
could not recall if his K9 partner was barking during these past visits.
never had any personal contact with her neighbors regarding Trooper

2

MISSALE's K9 partner barking, while outside her residence.
Troo er MISSALE was at her a artment from 2:00 m until 9:30pm on 6/10/19.
9.
On 6/27/2019, I interviewed Trooper MISSALE, with Sergeant/SC MICHAEL J.
MORAN (F-SP Monroe) present, regarding the allegations made b y - ~
later provided a memorandum. Accordin to Troo er MISSALE, ~
residence at
NY on 6/20/2019. He
arrived at a roximatel
s
o er MISSALE's K9
partner was barking from inside 2
r
MI SSALE was on-duty (1-5 tour)
MISSALE could recall several past visits (enclosure #
residence. The purpose for these past visits
. Trooper MISSALE could not· recall if his K9 partner w a s ~
~ e s e past visits. Trooper MISSALE never had any contact with . . . .
neighbors regarding his K9 partner barking. Trooper MISSALE recalled being
counseled by Sergeant/SC WORDEN back on 3/28/2019 regarding the extended
periods of time spent at
residence while on-duty. Sergeant/SC
WORDEN explained to him that meal periods between 30-40 minutes were acceptable,
but not hours at a time. Trooper MISSALE believed he mostly complied with
Sergeant/SC WORDEN's orders, however he believed there were 2 occasions when he
spent more than an hour at her residence following the c o m p l ~
assignment: On 5/31/2019 Trooper MISSALE believed he stayed a t residence in excess of one hour but could not remember the times; And, on 6/10/2019
he believed he was at her residence from 2:00pm until 9:30pm. ~
determined th~t Trooper MISSALE spent longer than one hour at apartment on 5/29/2019, 5/30/2019, 5/31/2019, and 6/10/2019. Trooper MISSALE's
memorandum is attached as enclosure # 8.
10.
On 6/27/2019, I reviewed the four LATS work schedules that encompass the
period of AVL captures (4/1/2019 to 6/20/2019) and they are attached as enclo~ure # 9.
11.
On 6/28/2019, I interviewed SergeanUSC ARTHUR WORDEN Jr; who stated he
had a meeting with Trooper MISSALE~ a r d i n g him spending extended
periods of time at the residence of 111111111111111 while on duty. SergeanUSC
WORDEN told Trooper MISSALE to discontinue the practice and adhere to the 45minute meal period time allotted during the 12-hour duty tour, as referenced in the PBA
Agreement-Article 12.29. Trooper MISSALE acknowledged and agreed to abide by it.
SergeanUSC WORDEN's memorandum is attached as enclosure# 10.
12.
On 8/28/2019, I reviewed the Personnel Data Sheet
which showed his primary residence
PDS is attached as enclosure # 11.

3

of Trooper MISSALE,
, NY. A copy of the

CONCLUSION:
This administrative investigation has revealed that from 4/1/2019 to 6/20/2019,
Trooper MISSALE visited
residence a total of 17 times on 13
different dates, while on-duty in a Division Vehicle. The AVL captures showed the
duration of each visit varied; as short as 1 minute to as long as 6+ hours .
. Neither Trooper MISSALE, nor
ave ad any personal contact with any neighbor at
regarding Trooper MISSALE's K9 partner barking outside her residence.
By all accounts, this administrative investigation has corroborated that Trooper
M I S S A L E ' ~ n fact bark while in 2F84 on the morning of 6/20/2019,
outside o f - residence. There is no evidence to support, the totality of
the additional allegations made by
that Trooper MISSALE's K9 barked
numerous times prior to 6/20/2019. MS.
has failed to cooperate with the
investigation after several attempts to schedule an interview by both myself and PSB.
This investigation found that, in disregard to a direct o r d e r ~ WORDEN,
Trooper MISSALE spent an inordinate amount of time a t - residence,
specifically on 5/29/2019, 5/30/2019, 5/31/2019, and 6/10/2019.
This investigation has determined that Trooper MISSALE violated · the following
regulations of the New York State Police:
·
Regulation 8A3: It shall be the duty of all Members to obey every lawful order
issued orally or in writing by Competent Authority.

Trooper MISSALE disregarded an order from Sergeant/SC ARTHUR WORDEN Jr. to
discontinue spending more time than a single meal period (45 minutes) at apartment during work-time hours. On 05/29/2019, Trooper MISSALE spent
'a""totaT"" 2 hours 13 minutes at
apartment during two visits. On
5/30/2019 Trooper MISSALE spent a total of 2 hours 44 minutes at her residence during
two visits. On 5/31/2019, Trooper MISSALE spent a total of 2 hours 28 minutes at
apartment during two visits. On 6/10/2019, Trooper MISSALE spent
~ 2 0 minutes at her residence during a single visit, 2 hours 13 minutes
of which were during work hours (even though last 4 hours 7 minutes were in an offduty capacity, his marked Troop car was parked outside her apartment the entire time).
Regulation 8A8(2): A Member shall not act in a manner tending to bring discredit
upon the Division.
Trooper MISSALE displayed unprofessional conduct by parking his marked Troop car
outside apartment in an apartment complex during duty hours 17
times i n ~ and 6/20/2019. On a few of these occasions it was alleged
that Trooper MISSALE's K-9 partner was left barking inside the vehicle. Actions such
as this provide for a bad public perception as exhibited by the email penned b y (enclosure# 1).

4

/

I recommend the personnel complaint against Trooper STEVEN J. MISSALE be classified as
FOUNDED and that appropriate administrative action be taken.

5

t

----Or~M~From: - - mailto
mail.com
Sent: Thursday, June 20, 2019 8:29 AM
To: troopers.sm. h. professional. standards <iaffairs@troopers.ny.gov>
Subject: Complaint
ATTENTION: This email came from afl external source. Do not open attachments or
click on links from unknown senders or unexpected email~.
Good morning,
I typically do not do this. But it has been a few months of this issue, so i wanted to ask
what i should do in this situation. Before i give any of my information.
I live in an apartment complex next

. She is lovely .
. He comes in his K-9 SUV and parks
1t outside our apartment building, running, with the dog in it for hours. It barks all
morning (i.e . today when it barked from 7-8:15 and he didn't come out once).
I typically wouldn't care, but this is the fourth or fifth time the dog has woken up me or
someone in my home.
The truck was "2()548". The() signifies a letter. Couldn't remember if it was a Tor G. He
was parked up in
NY. I don't want him to be in trouble, i just would like to
sleep in later than 8 am on my day off. So possibly not leaving his dog in the truck when
he parks up st our apartment complex.
Please let me know what i should or could do.
Thank you.

From: "GREGORY, ROBERT (TROOPERS)"
Date: June 20, 2019 at 11 :19:51 AM EDT
To: "DRAKE, MICHAEL J (TROOPERS)"
>, "GALLAGHER, PIERCE

>,

Subject: FW: Complaint
Mike - Please see the below. We asked the complainant for contact information
so an interview can be done; we will send you the infonnation whe □ we get it. A
preliminary check (LATS and AVL) show the K-9 Member to be Trooper Steven
Missale in 2F84. I will send •you the AVL information for today. If additional dates
are needed as you continue the investigation, please advise. Please assign a
Commissioned Officer to investigate. Please handle as a level 3 PC. Thanks. RCG.

---Original Message---From: - - mailto
mail.com
Sent: Thursday, June 20, 2019 8:29 AM
To: troopers.sm.h.professional.standards <iaffairs@troopers.ny.gov>
Subject: Complaint
ATTENTION: This email came from an external source. Do ·not open
attachments or click on links from unknown senders or unexpected emails.
Good morning,
I typically do not do this. But it has been a few months of this issue, so i wanted
to ask what i should do in this situation. Before i give any of my infonnation.
I live in an apartment complex next

. She is lovely.
He comes in his K-9
SUV and parks it outside our apartment building, running, with the dog in it for
hours. It barks all morning (i.e. today when it barked from 7-8:15 and he didn't
come out once).
I typically wouldn't care, but this is the fourth or fifth time the dog has woken up
me or someone in my home.

The truck was "2()548". T h ~ a letter. Couldn't remember if it was a T
or G. He was parked up in NY. I don't want him to be in trouble, i
just would like to sleep in later than 8 am on my day off. So possibly not leaving
his dog in the truck when he parks up st our apartment complex.
Please let me know what i should or could do.
Thank you.

6-3

I

From: GREGORY, ROBERT (TROOPERS)
Sent: Thursday, June 20, 2019 2:45 PM
To: DRAKE, MICHAEL J (TROOPERS)
GALLAGHER, PIERCE (TROOPERS)
Cc: GOTTSTINE, JENNIFER TROOP
)

>; LUTTMAN, KENNETH (TROOPERS)
; MULLER. LAWRENCE (TROOPERS)
>; WALSH, BENJAMIN (TROOPERS)
DEQUARTO, DONALD (TROOPERS)
Subject: 2F84

Mike - The AVL for earlier today is attached. The attached screenshot shows the
vehicle stationary this morning at the location in question. The attached video includes
the travel before and a~er (indicates the vehicle was started at approximately 7:18am,
began moving at approximately 7:31 am, :etc ... ), whi?h you can follow. Thanks. - RCG.

lS")

JJ

'
Missale DCN 2019-0210
Date

Tour

SA

1-Apr 1(5)
2-Apr 1(5)
5-Apr 1(5)
6-Apr 1 SA Sgt test
7-Apr
8-Apr
10-Apr
11-Apr

2
2 (12-7)
1(5}
1(5) (AL 4p-5p)

15-Apr
16-Apr
18-Apr
19-Apr
20-Apr
21-Apr
24-Apr
25-Apr
29-Apr
30-Apr
3-May
4-May
5-May
6-May

AL
AL
1
2
2
2 (12-7)
1(5)
1(5)
1(5)
1(5)
2
2
2
(12-7)

SA

SA

1(5)
8a-lp
1(5)
1(5)

16-May 1
17-M ay 2
18-May 2

""'

No

2F84 not used 2F36 ended shift at residence

Yes
No

2F84 not on map 2F36 ended shift at residence

No
Yes

2F84 / 2F36 both used
2F84 not tracking on map (vehicle not driven to Sgt. Test)

No
No
Yes
No
No
No
No
No
Yes
No
No
No
No
No
No

2F84 nor tracking on map (mot driven on this day)

No
No
No

7-May 1(5)
8-May
10-May
13-May
14-May

Went to

SA

Ce1,1rt-

No
No
No
No

SA

No
No
Yes 2x

Vehicle at SP Montgomery from 7a-7p

Yes

19-May (12-7)
20-May 12PM-2:30PM

Court

No

21-May 8:30AM-3PM

Court

22-May SA-SP

No
No

23-May 4A-5P

No

24-May 6P-12A

DWI

No

27-May 1

K9

No

28-May 1

K9

No

29-May 1

K9
K9
K9
TourCov

Yes 2x

30-May 1
31-May 1
4-Jun 1
5-Jun 1(5)
6-Jun 1(5)
10-Jun 1(5)
11-Jun 1(5)
14-Jun 2 (7-12)

Range

Yes2x
Yes2x
No
No
No
Yes
No
No
No••

15-Jun 12-7
15-Jun 2 (7-12)

Yes

16-Jun 12-7
16-Jun 2 (7-12)

No
No

No negative image, due to split workday associated with 2 shift

No

17-Jun 12-7
19-Jun 1(5)

CNET

Yes

Q0-Jun 1(5)

K9

Yes

AVL reporting threshold is 5 min, this could be a momentary stop, or up to 5 minutes

s-6

>

I

FLOCATOULAS, CHRIS (TROOPERS)
From:
Sent:
To:
Subject:

FLOCATOULAS, CH.RIS (TROOPERS)
Tuesday, June 25, 2019 9:17 PM
gmail.com
Email Correspondence 6/20/2019

Ms.-I have been asked to contact you regarding yot:Jr email correspondence below, dated 6/20/2019. I ·
would like to arrange an interview with you, in order to discuss your concerns.
Please provide your cell/home phone number or feel free to contact me at my office numberat your earliest convenience.
·
Thank you in advance for your cooperation.
Lieutenant Chris N. Flocatoulas
New York State Police
Troop F - SP Monroe
369 Nininger Rd
Monroe, NY 10950

-----Original Message----From: - - mailto:
mail.com]
Sent: Thursday, June 20, 2019 8:29 AM
To: troopers.sm.h. professional.standards <iaffairs@troopers.ny.gov>
Subject: Complaint
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
Good morning,
I typically do not do this. But it has been a few months of this issue, soi wanted to ask what i should do in this
situation. Before i give any o.f my information.
I live in an apartment complex next
. She is lovely.
He comes in his K-9 SUV and parks it outside our apartment building, running, with
t e dog in it for hours. It barks all morning (i.e. today when it barked :from 7..:8: 15 and he didn't come out once).
I typically wouldn't care, but this is the fourth or fifth time the dog has woken up me or someone in my home.
The truck was "2()548". The Osignifies a letter. C9llldn't remember if it was a T or 0. He was parked up in
1111111111111 NY. I _don'! want ?im to be .in trouble, i just would like to sleep in later than 8 am on my day off.
~ o t leavmg his dog- m the truck when he parks up st our apartment complex.
1

Please l~t me know what i should or could do.
Thank you.

2

Garil. 7

·NEW YORK STATE POLICE

MEMO~NDUM
Troop.f_Station

SP Montgomery
.,

Date_ _ _ _
, -J=u:&,ln~e-=2,.._7""'.2=0::;..;1a.=9

To:

Major .Pierce V. Gallagher, Troop Commander, Troop F

From:

Trooper•Steven J.

Subject:

COMPLAINT OF PERSONNEL INVESTIGATION 201~0210

Mjssa•e/--

I was advis~d ofmy rights to representation pursuant to Article~l6.2.ofthe
contract by.Lieutenant CHRIS N; FLOCATOULAS on Jun:e 27, 2019 and submit the following
account.
.

.

.

On June 20, 2019, while operating marked Division velucle 2F84, I.went to
residence,
NY
. While I was at her
residence, my K-9 partner remained in 2_F84. At one point, she began barking at a smaller dog
walking past the vehicle. I addressed the..barking from the apartment window. When she did not
stop, I left.at approximately 8:30 am. I W!IS .at
residence forapprox~ately
30minutes.
. . ,.
residence, whlle on-duty, to
I was .there dur4tg the morning hours ~d only
for a,short time. I do not recall my arrival time nor my c:lepartu.re time. K-:9 Wink remained in
2F84 and, did.not bark during that visit.
QnJune 15, 2019, while on-duty, I spent approximately 30 minutes a t I do.not recall my arrival time, nor my departure
time. However, it was during the evening hours. I do not recall K-9, Wi~ barking during .that
visit.

firearms trai

On June lO, 2019, while on-duty, I went to
residence after
I arr'ved th
artment at appr ximately 2·00 m The r so fo this visit

\

60 !llinutes later
At aP,proximately 9:30 pm, after eating dinner, I left
residence an ea
to
SP Montgomery, 2022 Route 208 Montgomery, NY 12549 to retire for the evening. K-9 Wink
did not bark during that visit, as she was in the apartment with me.
On May 31, 20 19, while on-duty, I stopped at
residence to
. I do not recall my arrival time, nor my departure time. I believe it was
during the morning hours and only for a short time. I do not recall K-9 Wink barking during that
visit. I do not recall if I stopped at
residence on more than one occasion on
that date.
residence to
I do not recall my arrival time,
nor my departure time. I was only there briefly. K-9 Wink did not bark during that visit. I do
not recall if I stopped at
residence on more than one occasion on that date.
On May 29, 2019, while on-duty, I stopped at
. I do not recall the time of day nor the dura 1
9 Wink barking during that visit. I do not recall if I stopped at
more than one occasion on that date.

-

I

residence
do not recall Kresidence on

-

I do not recall specific dates, times or durations of stay during those visits.

At no time did I have contact with
Wink's barking. The only contact I had with any of
hello in passing.

neighbors regarding K-9
neighbors was to say

On March 28, 2019, I was summoned to the SP Montgomery Station
Commander's office. At that time, I was counseled by Sergeant/SC ARTHUR J. WORDEN Jr.
regarding my productivi and the fact that I was spending time at
residence
while on-duty.
ergeant/SC WORDEN explained
that 30-40 minutes for lunch or dinner was acceptable, but not to spend hours at a time at her
residence. I complied with Sergeant/SC WORDEN's orders, however to my recollection, there .
were two occasions when I spent more than an hour following the completion ofll special
assignment when I was not assigned to patrol. The first occasion was on May 31, 2019. I
arrived at
residence following the completion of canine,recertification. I do
not recall my arrival time, nor my departure time, nor the duration of stay. However, I believe it
was in excess of one hour. The second occasion was on June 10, 2019. I arrived a t residence at approximately 2:00 pm following the completion of firearms trammg.
My scheduled shift ended at 5:00 pm. I believe I departed her residence at approximately 9:30
pm.

Genl. 7

NEW YORK STATE POLICE
MEMORANDUM
Troop..E_Station SP Montgomery

Date_____J__
u=ne____
28....,. _2"""'0__1__
9

To:

Major Pierce V. Gallagher, Troop Commander, Troop F

From:

Sergeant/SC Arthur Worden Jr.

Subject:

COMPLAINT OF PERSONNEL INVESTIGATION 20190210

A.l. ·t,J

On June 28, 2019, I was instructed by Lie~tenant CHRIS N. FLOCATOULAS to
submit a Memor1:tndum regarding Complaint of Personnel Investigation 20190210.
I

On March 28, 2019, I had a meeting with Trooper STEVEN J. MISSALE (SP
in regards to him spending extended periods oftime at
NY while he was on-duty in Division Vehicle 2F84

During our meeting, which was conducted at SP Montgomery, I advised Trooper
MISS ALE that I was made aware of him spending extended periods of time at the residence of
• while he was on-duty. T ~ was told to discontinue spending
extended periods ofti11?,e at the residence o f - and I referenced Article 12.29 of
the PBA Agreement-Troopers; Two meal periods ~ot to exceed a total of 45 minutes shall be
included in each scheduled 12-hour tour of duty. ·
. I advised Trooper MISSALE not to exceed the total meal period time allotted
d u ~ of duty. Trooper MISSALE acknowledged and agreed that he wouldn't go
to 111111111111111 residence for extended periods of time beyond the total meal period time
allotted.