ALBANY — Gov. Kathy Hochul’s administration has backed down from a threat to pursue legislation that would have barred approximately 2,000 correction officers who refused to return to work at the end of a recent three-week strike from returning to their jobs in New York.
An executive order signed by Hochul on March 10 — following a 22-day strike that crippled operations at dozens of state prisons — stripped the peace officer certifications of the officers who refused to return to work that day. It also prohibited the officers from working for any other state or county government agencies.
Many sheriffs and county administrators reacted sharply to the governor’s order prohibiting those officers from working for counties that operate local jails, questioning its constitutionality.
Two counties, Oneida and Chemung, have filed lawsuits in state Supreme Court challenging the governor’s authority to prohibit those officers from working for counties, where many jails are facing staffing shortages.
The New York State Sheriffs’ Association met with the governor’s administration earlier this week. Marcos Gonzalez Soler, the governor’s deputy secretary for public safety, informed them that after the 30-day emergency order expires on April 9, the governor’s office will seek passage of a bill permanently prohibiting former state correction officers from re-certifying as peace officers, which is a prerequisite for becoming a correction officer.
However, according to several people familiar with the situation, the governor’s office has since backtracked on that threat, and former officers will be able to re-certify as peace officers, allowing them to work in county jails again. However, the governor has publicly stated that they will not be able to return to work for a state agency.
In a recent news conference, Oneida County Executive Anthony Picente argued that the governor’s order violates the county’s power of home rule and the United States Constitution. The county is home to three state prisons.
Picente claimed that the governor’s order would effectively prevent those officers from obtaining another law enforcement job, such as a correction officer, 911 dispatcher, or sheriff’s deputy, or any other position in county government.
“That is complete and utter overreach by the governor of the state of New York, who, in the hypocrisy of it, has stated to the federal employees that have been dismissed (by President Donald J. Trump’s administration) come and work for New York state,” Picente told the crowd.
Dismissed state employees are unable to work elsewhere in government. Complete hypocrisy, absurdity, overreach, and a violation of home rule. We’ve seen this before with this governor and the state legislature.”
Matt Janiszewski, the governor’s spokesman, stated that the officers “willfully violated” New York’s Taylor Law, which prohibits public employee strikes, as well as a court order directing them to return to work. He stated that this rendered them “no longer suitable for roles in public service.”
“Their conduct undermined the public trust, demonstrated a disregard for the law, and disrupted public services — and that is why Gov. Hochul signed an executive order to ensure these individuals face consequences for their unlawful actions,” she said.
Oneida County Sheriff Robert Maciol stated two weeks ago that there are approximately 80 staff vacancies at his county jail, and that dozens of former state correction officers had applied and were in various stages of the hiring process when Hochul issued her executive order.
“We have the opportunity to fill probably half of (the vacancies) comfortably,” the sheriff said. He added that the order would have prevented those former state correction officers from getting a county job and serving their community in the same way they have.
Maciol was one of several sheriffs who met with the governor’s office on Tuesday to try to reach an agreement.
There are still dozens of state correction officers who have been fired or had their health insurance terminated and are attempting to reclaim their jobs.
Many people have filed grievances seeking job reinstatement because they claim they were on leave due to injuries or had excused medical absences while on strike. The corrections department stated that those are being reviewed on an individual basis.
Hochul’s executive action came in response to an unsanctioned strike, which prompted her to activate the New York National Guard to help fill security and operational positions at understaffed prisons.
State Police also had to assist with perimeter security at some state prisons, many of which were operating with only about 25% of their regular workforce during the strike.
National Guard troops are still stationed at many prisons, and some inmates are being relocated to new facilities as state corrections officials work to consolidate their limited workforce. According to sources, several prisons may close in the coming year.
“There are 2,000 people who refused the multiple, multiple, multiple efforts we had to resolve this over a three-week period,” Hochul stated a day after signing her executive order. “It has been all-consuming; it has been wildly expensive for taxpayers — approaching $100 million — it created a very dangerous situation which I called out from the second day.”
Despite the return of more than 5,000 correction officers and sergeants on March 10, the state prison system remained about 4,000 officers short of the staffing levels in place before the strike began on February 17.
Corrections Commissioner Daniel F. Martuscello III agreed near the end of the strike to rescind the provisions of a Feb. 10 memorandum he issued to prison superintendents, which stated that staffing shortages had prompted the agency to “redefine” its work and that “70% of our original staffing model is the new 100%.”
That memo, which called for a reorganization of staffing to make up for the shortfall, sparked outrage among correction officers, who claim they are underpaid and have been forced to work mandatory shifts of 16 hours or more in dangerous conditions due to understaffing. They also lost the option to take scheduled days off.
Two days after the commissioner’s memo was issued, Collins Correctional Facility in Erie County was locked down after officers retreated from inmate dorms due to what a sergeant claimed were unsafe conditions.
That incident, which is being investigated, served as a tipping point for correction officers, who began strikes five days later at Collins State Prison and Elmira Correctional Facility, both in Chemung County. Within 24 hours, the strike had spread to nearly two dozen prisons in New York.
