by Christopher T. Kurtz, Esq., Bond, Schoeneck & King, Garden City
A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework.
The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing collective bargaining agreement (CBA). That means critical issues involving the manner in which police disciplinary investigations, charges and hearings are conducted may not be subject to either the negotiation process or, perhaps more importantly, interest arbitration—but only if towns move to enact their own program.
Local process vs. arbitration
In 2007, the town of Wallkill passed Local Law No. 2, which created a framework under which the town could discipline members of the Wallkill Police Department. The new framework differed from the existing collective bargaini...(register to read more)