Chemung County sues Governor Hochul over barred correctional officers
CHEMUNG COUNTY, N.Y. (WETM) — Chemung County issued a lawsuit to New York Governor Kathy Hochul on Thursday, stating the actions done by Hochul's executive order are unlawful and prevent qualified individuals from gaining future employment in the county jail.
Chemung County Executive Chris Moss and Sheriff William Schrom, issued the lawsuit on Thursday, March 13, challenging Hochul's executive order 47.3, which stops municipalities from hiring any of the correctional officers fired for participating in the correctional officers strikes that took place across the state at most facilities.
'We are taking this action to protect our ability to staff our jail with experienced personnel and to stand against unconstitutional overreach,' said Sheriff Schrom
DOCCS: Correction officer strike ends, over 2K fired
The county argues this directive unlawfully interferes with local hiring authority and puts more stress on the staffing shortages that are impacting jails and prisons. The county states the blacklisting of the fired individuals is unconstitutional.
In the lawsuit, it claims the blacklisting of unionized individuals is permanent through the executive order, but goes against specific standards and limits.
The lawsuit claims Hochul relied on N.Y. Executive Law § 29-a as a basis for her authority. That law states the following:
Subject to the state constitution, the federal constitution and federal statutes and regulations, the governor may by executive order temporarily suspend specific provisions of any statute, local law, ordinance, or orders, rules or regulations, or parts thereof, or any agency during a state disaster emergency, if compliance with such provisions would precent, hinder, or delay action necessary to cope with the disaster.
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In other words, this law can suspend laws, rules, and regulations during a state of emergency that would otherwise prevent, slow down, or make it harder for the governor to respond to the emergency.
However, the suspensions are subject to specific standards and limits stating the suspensions may not be more than 30 days, must protect the health and welfare of the public, and must be necessary to the disaster effort, within reason.
The lawsuit argues that Hochul's order for barring correctional officers does not meet these specific standards and limits as it creates a permanent blacklist that will last longer than 30 days.
The lawsuit challenges Hochul's order by stating that prohibiting government entities from hiring qualified persons does not safeguard the health and welfare of the public, and is not reasonably necessary to respond to the strike.
Former Elmira superintendent speaks out on strike
Based on this and other items listed in the lawsuit, the county is requesting the order be canceled, and if it can't be canceled, to make it so it does not apply to Chemung County, especially for the hiring of fired individuals to work in the Chemung County Jail.
'This order places an unnecessary burden on local governments and disregards our authority to make hiring decisions that best serve our community,' Moss said.
Hochul enacted executive order 47 shortly after the strikes began on Feb. 17. The order, issued Feb. 19, declared a state disaster emergency in New York. This allowed for Hochul to call on the National Guard to staff facilities across the state.
During the strikes, Hochul continually called the actions of the COs illegal as it went against the Taylor Law, a law preventing public employees from striking without formal permission from the union.
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The COs went against the union and went on strike for weeks while demanding better working conditions, a repeal to the HALT Act, an end to forced overtime, and solving understaffing issues.
After days of mediation between the union (NYSCOPBA) and the New York State Department of Corrections (DOCCS), some needs were met and the strike was declared over on March 10. Around 2,000 employees who took part in the strike were fired, some of whom worked at the Elmira Correctional Facility, but an official number is unknown.
The strike lasted 22 days and, in total, four deals were offered to striking officers. In the latest deal, staff were required to return to work on Monday, March 10 at 6:45 a.m.
The case was filed in Albany County Supreme Court, with Chemung County seeking an expedited ruling to address its immediate staffing needs.
The entire lawsuit can be found below:
Summons-and-ComplDownload
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