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Court rules PAB may not discipline RPD officers after appeal

todayNovember 20, 2023 1

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ROCHESTER, N.Y. (WROC) — The latest decision from the New York Court of Appeals will not give the Police Accountability Board the power to discipline Rochester police officers.

A majority vote upheld previous rulings on the matter between the PAB and the Locust Club, siding again with the Locust Club that the PAB having disciplinary powers would violate Taylor Law.

PAB releases first-ever annual report into board’s findings and activities

The court also explained that the New York State Legislature has the power to intervene and modify or clarify state bargaining policy. Until then, the judge says that the result resembles an odd game of rock-paper-scissors:

A state law favoring strong disciplinary authority beats the Taylor Law, municipal law beats a policy of strong disciplinary authority, but the Taylor Law beats municipal law.

Rochester City Council has been trying to reinstate an amendment that would allow the board to discipline officers, which RPD’s police union argued against, claiming it passed without negotiation.

Locust Club President Mike Mazzeo voted out Thursday

The union, known as the Rochester Police Locust Club, filed a lawsuit in 2019 arguing that it violated Taylor’s Law, which required collective bargaining over the terms and conditions of employment. The court ruled in favor of the Locust Club, which City Council has tried and failed to appeal.

There was a 1907 charter that gave the City of Rochester control of police discipline, but that was overturned in 1985 by the City Council.

In regards to the ruling, the PAB declined to share any comments at this time. The Locust Club has not yet responded to the ruling.

Full Ruling from the New York State Court of Appeals

You can read the NYS Court of Appeals’ full ruling in the document above.

​ ROCHESTER, N.Y. (WROC) — The latest decision from the New York Court of Appeals will not give the Police Accountability Board the power to discipline Rochester police officers.

A majority vote upheld previous rulings on the matter between the PAB and the Locust Club, siding again with the Locust Club that the PAB having disciplinary powers would violate Taylor Law.
PAB releases first-ever annual report into board’s findings and activities
The court also explained that the New York State Legislature has the power to intervene and modify or clarify state bargaining policy. Until then, the judge says that the result resembles an odd game of rock-paper-scissors:

“A state law favoring strong disciplinary authority beats the Taylor Law, municipal law beats a policy of strong disciplinary authority, but the Taylor Law beats municipal law.”

Rochester City Council has been trying to reinstate an amendment that would allow the board to discipline officers, which RPD’s police union argued against, claiming it passed without negotiation.
Locust Club President Mike Mazzeo voted out Thursday
The union, known as the Rochester Police Locust Club, filed a lawsuit in 2019 arguing that it violated Taylor’s Law, which required collective bargaining over the terms and conditions of employment. The court ruled in favor of the Locust Club, which City Council has tried and failed to appeal.

There was a 1907 charter that gave the City of Rochester control of police discipline, but that was overturned in 1985 by the City Council.

In regards to the ruling, the PAB declined to share any comments at this time. The Locust Club has not yet responded to the ruling.

Full Ruling from the New York State Court of Appeals

81opn23-DecisionDownload

You can read the NYS Court of Appeals’ full ruling in the document above. Read More RPDRochesterFirst  

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