N.Y. State Law Enf't Officers Union v. City of Geneva

• Decision Date: 11 April 2022
• Docket Number: Index 129650-2021
• Citation: 2022 NY Slip Op 22124
• Parties: New York State Law Enforcement Officers Union, Council 82, AFSCME, AFL-CIO, Local 3471, Steve Vine as President of Local 3471, Randall Grenier, Jr. and Daniel Hickey, Plaintiffs, v. City of Geneva, New York, Steve Valentino, as Mayor of the City of Geneva, Council of the City of Geneva, Sage Gerling, as City Manager of the City of Geneva, and Michael Passalacqua, as Chief of Police, Defendants.
• Court: New York Supreme Court

2022 NY Slip Op 22124

New York State Law Enforcement Officers Union, Council 82, AFSCME, AFL-CIO, Local 3471, Steve Vine as President of Local 3471, Randall Grenier, Jr. and Daniel Hickey, Plaintiffs, v. City of Geneva, New York, Steve Valentino, as Mayor of the City of Geneva, Council of the City of Geneva, Sage Gerling, as City Manager of the City of Geneva, and Michael Passalacqua, as Chief of Police, Defendants.

Index No. 129650-2021

Supreme Court, Ontario County

April 11, 2022

Christine Anne Caputo Granich, NYS Law Enforcement Officers Union, Council 82 AFSCME, AFL-CIO for the Plaintiffs

Mitchell A. Karlan, Gibson Dunn & Crutcher, LLP for the Defendants

HON CRAIG J. DORAN JUSTICE OF THE SUPREME COURT

Before this Court is Defendants' motion for summary judgment filed on November 12, 2021 and Plaintiffs' cross-motion for summary judgment filed on December 30, 2021. Both motions were heard before this Court on January 26, 2022 and this Court reserved decision. Thereafter, on February 15, 2022 this Court requested that both parties submit additional memoranda of law by March 7, 2022. Both parties have timely filed additional submissions.

At issue in this case is Local Law 1-2021, adopted by Defendant Council of the City of Geneva ("City Council") on February 3, 2021. The Local Law is described as a "Local Law Amending the Geneva City Charter to Establish a Police Review Board" and adds a new Article XV to the City Charter to establish the Police Review Board ("PRB"). Plaintiffs contend that the Local Law is invalid as it conflicts with Civil Service Law §§ 75 and 76, the Taylor Law, and the City Charter. Plaintiffs also contend that the Local Law violates the disciplinary provisions of the Collective Bargaining Agreement and that the Local Law should have been subject to a mandatory referendum. Defendants contend that the Local Law is consistent with all applicable laws and with the Collective Bargaining Agreement. Defendants further contend that the City of Geneva was prohibited from holding a referendum on the Local Law.

Procedural History of the Case

This action was commenced on June 1, 2021 with the filing of a Summons and Complaint. On August 19, 2021, Plaintiffs, by way of Order to Show Cause, filed a request for a temporary restraining order and a preliminary injunction. After providing both parties an opportunity to be heard pursuant to 22 NYCRR 202.8-e, this Court granted Plaintiffs' request for a temporary restraining order to the extent of enjoining Defendants "from entertaining or reviewing any specific complaint or proceeding with any investigation thereon involving Local Law No. 1-2021." Oral argument on the request for a preliminary injunction was set for September 2 2021.

Immediately following oral argument, this Court denied, without prejudice, Plaintiffs' request for a preliminary injunction and determined that the temporary restraining order was no longer in effect. The parties were directed to establish a schedule for discovery. Ultimately, the parties were unable to agree upon a discovery schedule and on September 27, 2021, the Court sua sponte issued a Scheduling Order requiring that discovery be completed by February 2, 2022. The Court also provided that Plaintiffs "may apply to this Court for further temporary or injunctive relief should the need arise during the pendency of this action." The two pending motions were filed as stated above. ^[1]

Local Law 1-2021

A copy of the Local Law was attached as Exhibit B to the Complaint (NYSCEF No. 3). As noted above, the Local Law amended the City Charter by adding Article XV. The purpose of the Local Law is to establish "a PRB with authority to review GPD investigations of public complaints of Officer misconduct and to engage in other activities set forth in this Chapter" (Local Law 1-2021 § 15-2[1]). Specific authority was given to the PRB to "create and employ a disciplinary matrix in making recommendations to the Chief for discipline subject to the applicable collective bargaining agreements and New York State Law" (Local Law 1-2021 § 15-2[4]). The Local Law was filed on February 16, 2021 and became effective twenty days thereafter (Local Law 1-2021 § 15-18).

The Local Law established the procedure to compose and operate the PRB including the qualifications, appointment process removal process and term of the members of the PRB (Local Law 1-2021 § 15-3). The PRB is required to file annual reports which include a "comparison of the PRB's findings with the final determination of the GPD" (Local Law 1-2021 § 15-6[3][A]) and to publish monthly data on the receipt and disposition of complaints (Local Law § 15-14[1]). The PRB is given the authority to send policy recommendations to the Chief, the City Manager and City Council (Local Law 1-2021 § 15-13).

Sections 15-7, 15-8, 15-9, 15-10, 15-11, and 15-12 of Local Law 1-2021 address the procedure for initiating, reviewing, investigating (by both the Chief of Police and the PRB), and determining (by both the Chief of Police and the PRB) complaints of misconduct. Local Law 1-2021 § 15-11(5) specifically provides, "PRB determinations may include disciplinary recommendations to the Chief, including but not limited to counseling, reprimand, retraining, suspension, demotion, or dismissal." The Local Law also specifically provides for a mandatory procedure for the Chief to "provide the PRB with a written explanation of his or her decision to discipline or not discipline any Officer(s) and a description of the discipline imposed, if any, and shall explain why, including how it may differ from the PRB recommendation" (Local Law 1-2021 § 15-11[8]).

Timeline of the City of Geneva Charter, Relevant Statutory Law and the Collective Bargaining Agreements

• 1951 City of Geneva Charter

The 1951 Charter provided for a board of police commissioners which had "the custody and management of the police department" (Article IX § 90). Article IX section 92 of the 1951 Charter provided the process for establishing the rules and regulations of the Police Department and process for discipline. The commissioners were required to "make, modify and repeal rules and regulations not inconsistent with the ordinances of the common council of the city of Geneva or with the laws or constitution of the state of New York, or of the United States for the government direction, management and discipline of the police force ". The commissioners were also given the authority to "reprimand, fine, suspend without pay, lower in rank or compensation any member of the police force or employee of the department for any violation or infraction of the rules and regulations". Additionally, upon a finding that "a member of the police force or an employee of the department is incompetent or has been guilty of neglect of duty, misconduct in his office or of conduct unbecoming a police officer, of such a nature as to warrant more than disciplinary action" the commissioners were required to "recommend to the mayor the dismissal of such member or employee". It was the duty of the mayor "to hear, try and determine the charge or charges according to the rules of the police department". Section 92 of Article IX on the 1951 Charter specifically provided that "[a]ll proceedings relating to the dismissal of a member of the police force shall be taken in accordance with the applicable provisions of the Civil Service Law and with the laws of the State of New York."

• 1958 Passage of Civil Service Law §§ 75 and 76

Civil Service Law §§ 75 and 76 set forth the structure for removal and discipline of several classes of civil servants, including police officers. Civil Service Law § 76(4) specifically provides, "Nothing contained in section seventy-five or seventy-six of this chapter shall be construed to repeal or modify any general, special or local law or charter provision relating to the removal or suspension of officers or employees in the competitive class of the civil service of the state or any civil division."

• 1962 City of Geneva Charter

The 1962 Charter provided that the Chief of Police "shall appoint and remove all other officers and employees of the department subject to the provisions of the civil service law and rules and regulations thereunder. * * * He shall make rules and regulations concerning the operation of the department, and the conduct, duties, and assignments of all officers and employees, which rules, shall first be approved by the city manager. He shall be responsible for the efficiency, discipline, and good conduct of the department and for the case and custody of all property used by the department" (1962 City of Geneva Charter § 114).

• 1967 Passage of the Taylor Law

Civil Service Law § 200 et seq. (Article 14 of the Civil Service Law - Public Employees' Fair Employment Act, known as the "Taylor Law") requires public employers to collectively bargain with their employee organizations, including police officer unions.

• 1974 City of Geneva Charter

The 1974 City Charter, while repealing prior City charters, did not make any changes to the Chief's authority to appoint, remove and discipline police officers (1974 City of Geneva Charter § 9.2).

• 1987 Collective Bargaining Agreement between the City of Geneva and Local 2841 [the predecessor to Local 3471]

The 1987 Collective Bargaining Agreement between GPD officers and the City of Geneva contained a provision regarding officer discipline and set forth disciplinary procedures. The agreement provides, "Formal discipline shall be subject to applicable Civil Service Law procedures unless the officer, with the consent of AFSCME, and the City agree to make a binding election to use the arbitration provisions contained in Section 5 of the greivance [sic] procedure" and further

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