BY JEFF CHUDZINSKINorth Country This Week

CANTON -- St. Lawrence County legislators are directing County Attorney Steve Button to evaluate how best to render legal aid to corrections officers who have been fired by Governor Kathy Hochul for striking.

But officers should not expect to see Button in court on their behalf, officials said.

The measure was approved by a 13-2 vote following two amendments during the March 10 Operations Committee meeting. Legislators Margaret Haggard and Harry Smithers were the only ones with no votes.

But the resolution was passed just one day before Governor Kathy Hochul took matters a step further, passing an executive order that bars any terminated correctional officers from working in state, county or local government, along with any civil service jobs in the future.

“Individuals participating in illegal strikes have willfully violated the Taylor Law and an order of the Supreme Court of the State of New York by engaging in misconduct that undermines the public trust, demonstrates disregard for the law, disrupts public services, and is inconsistent with suitability for public service roles,” her order says.

“It is therefore necessary to establish a state policy barring the hiring of individuals participating in this illegal and unlawful strike and recommending their separation from state service be reported as a removal for cause, consistent with state law and applicable regulations.”

For Haggard, her primary concern was the precedent such a move would set, arguing that allowing Button to "represent a segment of the population" could open up the county to future concerns by other small groups in need of legal services.

"I have heard from many people about the dangers and the problems in the prisons. I don't want to diminish that at all," she said.

But Haggard called the move "a slippery slope," something she found "weird" as a county employee would possibly assist terminated officers with legal issues that may arise following the state's actions.

"So, another group goes on strike and they're having problems and threatened to be fired. Can we get Steve to do that?" Haggard asked.

It was a sentiment shared by Smithers as well, who said the dispute was between the former officers and the state.

He pointed to the different groups and factions within each party that came to the table as a point of concern, noting that each had their own demands as negotiations played out.

Smithers, much like Haggard, said he did not want to diminish the concerns of those affected but suggested it may be best for the county attorney to steer clear of the potential controversy within the various groups.

In response, Button said he was well aware of the legal ethics involved, saying they were separate and distinct.

He told legislators he would not be in court representing officers himself, nor would any attorney in his office.

"This is not to be misconstrued, I am completely aware of the legal ethics I am bound by, which are separate and distinct," Button said.

Without board action, he is unable to guide those who call to the resources they need. Button said his office began receiving numerous calls last Wednesday, mostly from spouses of officers, who were worried about the ramifications of the terminations.

Buttons said those officers are subject to fines, contempt charges, compounding fees and other ramifications from the Taylor law.

He said he was well aware that legislators were concerned "about the well being of constituents and aware of their concerns and fears."

"If I can serve in some small way, even to just answer questions. At the moment I can't even do that without affirmative action from the board," Button said.

Button said he and his office would direct those in need to the various departments the county has that can offer assistance, including the many legal programs that most citizens may not even be aware of.

"I will not appear in court to represent someone blindly. I am not interpreting as carte blanche to ride off on my white horse, off into the battle fray and go ahead and start filing legal actions in the name of other individuals," Button said.

He commented that the resolution would permit him to "at least get a better feel for the ground and to explain to people what they are facing."

Button commented that provision from the HALT Act, which was a core issue of the strikes, also applied to the St. Lawrence County jail, something that also ties him directly to the situation.

Also given his vast experience working with seven bargaining units, which is abnormal at the county level, let alone local government, coupled with his experience in labor law and working with groups under the HALT Act, Button said he is uniquely qualified to render assistance.

While Haggard and Smithers voiced opposition to the resolution, Legislators including Ben Hull, Jim Reagen, Joseph Lightfoot, Nicole Terminelli and Glenn Webster all voiced support for the amended resolution.

Hull said the "slippery slope" as described by Haggard was "only as slippery as the board allows it to be."

He noted that Button's actions would all require prior board approval, something that has been done many times in the past, including on numerous high profile Second Amendment cases of which Button is working "of counsel" on.

Hull said his only concern was that Button's time was limited, as well as his "bandwidth."

"Conceivably, your bandwidth is, in theory, limited. Though I haven't seen the end of it," he said.

Hull asked how much more Button could take on at this time, to which he replied he was also aware of the ethical requirements to not take on more than he could possibly handle.

For Reagen, it was a matter of helping families that he said were "frightened, confused and terrified" of what the state may do to them.

"It appears they are looking for a savior to ride in on a white horse to save them from the state of New York and what it appears ready to do to them," Reagen said.

He said those calling in the shots in Albany are "not friends of corrections," leading him to believe that it may be beneficial for Button to meet with officers and families to hear their concerns directly and to point them in the direction where someone may be of assistance.

Reagen said his primary concern is that by taking such action, the county may give the impression that officials are taking official action on their behalf that the county does not have the authority to do.

"You know, if we've got something then great, but you know I'm concerned," Reagen said.

Much like Hull, Lightfoot said he had no issue with Button essentially working as counsel with attorneys who have boots on the ground.

"This resolution does nothing more than what Mr. Button is doing locally, as opposed to statewide, than he did and is doing with respect to the Second Amendment," Lightfoot said.

Lightfoot said those attorneys are seeking Button's assistance because of his reputation, but the board must sign off on his participation.

"You've got to remember, this resolution is nothing more than 'Hey Steve, go out there and find out what you can.' The board can then grant authorization for him to take additional steps, further steps to do other things," Lightfoot said.

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