(LibertySociety.com) – New York counties are challenging Governor Hochul’s executive order prohibiting rehiring nearly 2,000 correctional officers dismissed for striking, sparking a battle over state authority and local governance.
At a Glance
- Counties like Chemung, Oneida, and Rensselaer are legally confronting or defying the order.
- Approximately 2,000 officers were terminated for striking about unsafe prison conditions.
- Governor Kathy Hochul’s order bans their future state or county employment.
- National Guard members are taking on prison duties amid staff shortages.
Counties Challenge Hochul’s Directive
Chemung County initiated a lawsuit against Governor Hochul’s executive order, contesting the prohibition on rehiring terminated correctional officers. County officials called the directive an overreach of authority undermining local employment management. Oneida County’s legislature also plans a legal challenge, citing an abuse of executive power. Meanwhile, Rensselaer County executive Steve McLaughlin intends to defy the order, questioning its rationale and labeling it a misguided response to critical safety concerns raised by officers.
Assemblymen Palmesano and Friend, along with State Senator Tom O’Mara, criticized the executive action. They claimed the Governor’s authority was misused, and suggested that the state should declare a staffing crisis instead. They stressed the detrimental impact on municipal hiring and civil service protections. Palmesano remarked, “You think Gov Hochul should have learned from her predecessor who abused his executive authority during COVID.” Their criticism emphasizes the need for sustainable staffing solutions.
The Context of the Dispute
Roughly 2,000 officers were dismissed after a three-week strike advocating improved prison safety, rather than pay rises. The State Corrections Department bypassed their union, instructing officers to return to work, while sending health insurance cancellation notices. The firings and employment ban come amid understaffing issues in New York prisons, exacerbating recruitment challenges. Notably, National Guard members, unfit for the task, have assumed prison responsibilities, but face risks without veterans’ benefits if injured.
Quote: “Governor Hochul’s latest assault on our hardworking corrections officers amounts to nothing more than callous and petty retribution. These brave men and women engaged in a strike as a last resort because they were pushed to a breaking point and their concerns have fallen on deaf ears.” – Rep. Nick Langworthy
The conflict has escalated, with several counties determined to contest the Governor’s order, both legally and politically. The executive order, viewed by many lawmakers as retaliatory and excessively punitive, leaves communities and the state grappling with operational and safety challenges within the prison system.
Potential Implications
Critics argue the executive order could maintain, if not deepen, systemic issues within New York’s correctional facilities. Concerns extend beyond employment rights to include the welfare of National Guardsmen temporarily assigned correctional roles. State Sen. Daniel Stec underlined the lack of veterans’ benefits for guardsmen injured under state activation, a scenario likely to embolden counties in their defiance of the executive order.
Quote: “Governor Hochul’s Executive Order barring fired Corrections Officers from any employment within the New York State Retirement system demonstrates an astounding vindictiveness against former correctional officers and their families, and the communities where they have long lived and worked, that in the long run can only serve to continue this state’s decline.” – State Senator Tom O’Mara
As legal proceedings unfold, the resolution of this issue may redefine the nature of employment governance and emergency powers within the state. The implications for public safety and institutional integrity remain pivotal in navigating the aftermath of Governor Hochul’s contentious order.
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