More than 2,000 corrections officers fired, Hochul barring them from working in state or local government in future

BY JIMMY LAWTONNorth Country This Week

Gov. Kathy Hochul has issued an executive order that will bar more than 2,000 corrections officers who were fired for striking Tuesday from working in state or local government in the future.

In the order Hochul said the state is committed to ensuring individuals appointed to state service uphold the law and their oath to public office. 

“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.”

According to the order the state will investigate to determine which officers were involved in the strikes and all state agencies will need to determine if any applicants for jobs were former officers and if they were involved in strikes as part of the background checks.

“No New York State agency shall hire or appoint any individual who was previously employed by the Department of Corrections and Community Supervision and thereafter separated from such employment in connection with such individuals participation with the illegal and unlawful strike,”the order says.

She further states that the prohibition includes state positions and any civil service positions.

In addition, Hochul is barring local governments from appointing, transferring or promoting any individuals involved in the strike and suspending home rule legislations from stopping local governments from making their own determinations regarding hiring former officers who participated in the strikes.

The harsh order followed news from a press conference Monday evening,  where DOCCS Commissioner Daniel F. Martuscello said the state would uphold several aspects of an agreement hashed out with the union on March 6, despite a failure to meet the 85% "return to work" threshold.

"After 22 days of an illegal strike, the governor and I are happy to report, it has now ended," he said.

“Officers and sergeants who did not have pre approved medical leave and did not return by this morning’s 6:45 a.m. deadline have been terminated effective immediately,” he said.

Hoping to limit the fallout and ensure safe staffing numbers could be met, Assemblyman Scott Gray issued a letter to Martuscello asking him for a 48-hour extension for officers to return to work, but that appears to have fallen on deaf ears.

Although there will be no disciplinary actions from DOCCS or the Union, penalties for violating the Taylor Law will remain in place, he said.

Despite firing more than 2,000, Martuscello told corrections officers they’ve been heard, but corrections officers who spoke to North Country This Week, who are now off work are unconvinced.

The strikes began three weeks ago on the heels of reports that several corrections officers were exposed to fentanyl and had to be treated with Narcan. Not long after corrections officers began to call for safer working conditions and a repeal of the HALT act, which limits the use of segregated confinement.

Corrections officers said the HALT act has created a dangerous environment for them and inmates alike.

Over the past three weeks several officers were hashed out between the union and state, but because the strike was not sanctioned by the union, NYSCOPBA failed to deliver on its end of the signed agreements several times.

In the latest agreement the state offered a financial incentive for those who returned to work Sunday and allowed a Monday deadline without the extra incentive.

The deal included a 90 day hold on the rehabilitative programming required for inmates by the HALT Act, and allows for additional inmate segregation when staffing levels are low.

The deal also includes a reversal of a policy that would have made 70% staffing levels the new 100% and include better inspections and screenings for mail and the use of body scanners on anyone who enters the facility.

A major sticking point in the negotiations appeared to center around health care.

Under the deal those who returned to work allowed officers to pay for COBRA health care to compensate for the lack of coverage that occurred when the state stripped striking officers of their healthcare benefits.

The state said it intended to follow through on those initiatives despite failing to meet the threshold, but offered no room for resolution for the more than 2,000 corrections officers who did not return to work.

Martuscello said that termination letters were already issued and that the campaign to hire corrections officers would begin soon.

In the meantime, he said National Guard members will continue to supplement the workforce.

In return the union agreed to withdraw a lawsuit it initiated regarding healthcare benefits.

Those striking over the past few weeks have seen a huge outpouring of community support with local restaurants providing food to the picketers.

The strikes have caused a major disruption in the prison system and led to the deployment of the National Guard to supplement understaffed prisons.

During the strikes there were multiple prisons that lost control of inmates which led to the deployments of Corrections Emergency Response Teams to secure the facilities.