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Chautauqua County committee opposes Governor's order barring hiring of terminated state corrections employees

2856591 ยท March 19, 2025
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Summary

The Public Safety Committee passed a resolution opposing New York Executive Order 47.3, which the county says bars municipalities from hiring certain former state corrections employees; the resolution authorizes the county executive and law department to protect the county's home rule and hiring authority.

The Chautauqua County Public Safety Committee voted to oppose New York Executive Order 47.3, which the county says prohibits municipalities from hiring corrections employees terminated by the state for participating in an illegal strike. The resolution also authorizes the county executive and the county law department to "take any necessary steps to protect the county's interest relating to its home rule powers and hiring authority."

County Executive P.J. Wendell described the executive order as extending beyond state employment to bar terminated corrections officers from any municipal job in New York state, saying the governor "has been quoted saying they will never work in New York state again," and that the order requires counties to check applicants' DOCS employment dates and send names to DOCCS for status verification.

Wendell said county and state officials, including Deputy Secretary for Public Safety (Dan Soller, referenced in meeting), have provided differing guidance about whether the order permanently decertifies peace officers or only suspends hiring during a 30-day review. Wendell said the deputy secretary told local officials the list of decertified employees is changing as the state reviews medical and other circumstances.

Sheriff Jim Quattrone and other officials told the committee the county has received applicants from DOCS for a range of county positions โ€” equipment operators, truck drivers and corrections/jail positions โ€” and that roughly 16 applicants from DOCS have applied locally; Quattrone said Chautauqua County is relatively fully staffed compared with other counties but that uncertainty created difficulty in hiring.

Committee members debated the legal and ethical implications. Some members said the county is asserting home-rule authority to decide local hiring; others emphasized that striking in violation of the Taylor Law can jeopardize public safety. The committee's resolution is strictly framed as opposition to the governor's executive order and to authorize legal measures to protect hiring authority; members said the resolution does not take a position on the strike itself.

The resolution explicitly allows the county executive and law department to pursue options, including joining litigation; Wendell said Oneida County has filed suit and that other counties are considering legal action. The committee approved the resolution; the vote was recorded as carried.

Officials noted many open questions remain about the scope of decertifications, treatment of employees on medical leave or vacation during the strike period, and whether any decision will be subject to litigation or arbitration. The county will monitor state guidance and may pursue legal remedies to protect municipal hiring discretion.