A judge has struck down a key provision of the Rochester’s new Police Accountability Board.
In his ruling, Judge John Ark said the board’s power of being able to conduct disciplinary hearings or to carry out discipline goes against New York State law and the City Charter for Rochester and must be stricken from the legislation, known as Local Law Number 2.
The other portions of the PAB legislation that Ark ruled aren’t in violation of the law may continue.
“Since Local Law Np. 2’s conflict with the Rochester City Charter does not render wither law wholly invalid, it is for the City Council to amend and/or repeal contradictory provisions in the charter,” Ark’s ruling read. “Accordingly, Local Law No. 2 is referred back to the Rochester City Council to be reconciled and made compliant with the New York State Law and the Rochester City Charter.”
Voters overwhelmingly approved the PAB legislation last November, however the Rochester Police Locust Club filed a lawsuit over the proposal, claiming it was an overreach. Under the legislation, the board would have the authority to investigate allegations of police misconduct and, if necessary, execute some form of discipline.
Rochester City Council President Loretta Scott criticized the court’s ruling in a statement Thursday, saying Council is ready to appeal the decision.
“Last November Rochesterians went to the polls, and 3 out of every 4 voters made the choice to approve a referendum that would establish a transparent and accessible Police Accountability Board,” the statement read. “They voted to give this Board the power to investigate complaints, to subpoena information, and to set minimum discipline by establishing a disciplinary matrix, formed with input from the Chief of Police and Locust Club. The Court’s decision negates the will of the citizens of Rochester, and the City Council stands ready to appeal Judge Ark’s ruling to the higher courts. We must operate within the context of our legal system, but the City Council is ready to defend the will of our citizens, and this decision is not the final say.”
The Rochester Police Locust Club praised Judge Ark’s ruling. A statement from the union read, in part, “From the start, our union attempted to show City Council their legislation, which they brought forward in a referendum, was in violation of the law. The opinion of the city’s own law department also agreed with that. The decision of the court allows City Council to correct the legislation that violates law. Our fight against the legislation from the start was not about stopping accountability. It was about protecting unionized workers from illegal legislation. For City Council to simply disrespect the decision of the court is dismissing the ling fight and sacrifices that labor fought in this state to ensure that fairness and protections are in place for those who serve their communities.”
Rochester’s Police Accountability Board Alliance released the following statement Thursday: “We strongly disagree with Judge Ark’s decision. The people of Rochester overwhelmingly voted to approve the Police Accountability Board. This ruling reverses the will of 75% of voters. The Appellate Division has already struck down a decision by Judge Ark which attempted to prevent city residents from being able to vote on the PAB. We expect that the Appellate Division will once again strike down this anti-democratic decision and that the PAB will prevail on appeal.”
—- 13 WHAM