The union that represents the state's forest rangers, encon officers, university and parks police is considering filing criminal coercion charges against Director of State Operations Kathryn Garcia after union leaders said she made a threatening phone call to the group's president hours before legislation to bring parity to their retirement system was vetoed for the fourth time.

The Police Benevolent Association of New York State is accusing Gov. Kathy Hochul's administration of retaliating against its billboard campaign criticizing her public safety record. 

The PBA, which represents about 1,200 officers, is paying an undisclosed amount to blast Hochul on three billboards each in Albany, Buffalo and on Long Island. Garcia called PBA President Jim McCartney less than a week after they went up.

"She said, 'The billboards come down or we veto the bill,'" said PBA Executive Director and counsel Kurt Nolan, recounting the late Oct. 3 call. 

Less than 18 hours later, Hochul vetoed legislation that would give PBA officers a 20-year retirement system like most other police agencies in the state — down from their current 25-year model.

"There was no date or time given by the director of ops — it was just 'They come down or else,'" Nolan said.

Photos courtesy of The PBA of New York State

It's the fourth time Hochul has vetoed the legislation, which has passed both houses of the state Legislature nearly unanimously. 

Hochul on Friday did not deny the call and said she's not worried about the optics of vetoing the legislation. Her veto message was similar to the previous three, citing funding issues. It would cost the state over $66 million in retroactive benefits, and an additional unbudgeted $6 million per year, according to the governor's veto message.

"When people present to me the exact same language and the same bill year, after year, after year... they get vetoed year, after year, after year, so that's exactly what happened," the governor told reporters at an unrelated event in Buffalo.

Union members are frustrated after the governor rebuffed the Legislature's attempts to include the change in the last $229 billion state budget.

PBA President McCartney said the billboards won't be coming down, and will run until at least after the Nov. 5 election.

"The PBA of New York State will not be intimidated by state Operations Director Kathryn Garcia's threats," McCartney said in a statement. "We are currently considering filing criminal coercion charges and looking into potential labor law violations related to Garcia's actions, which resulted in Gov. Hochul vetoing our retirement legislation. Kathryn Garcia clearly used her official position to inflict harm upon our members and in doing so, violated not only the state's penal law, but our constitutional rights to freedom of speech and to petition our government. This sort of bullying should trouble every New Yorker and labor organization."

The union blames the retirement disparity for the loss of hundreds of officers in the last three years, and officers say the five-year difference to retirement is critical in their demanding line of work.

Police argue the governor's decision threatens public safety at state beaches, parks and universities — especially with recent protests and rise in hate crimes on college campuses.

"The governor just met with the state police and with college presidents, but she failed to include anybody from the state university police or the union in her discussions about campus safety," Nolan said.

Legislative leaders have long debated how to properly fund the pension change. Former Gov. Andrew Cuomo also previously vetoed the proposal.

State Senate sponsor Robert Jackson, who chairs the Civil Service and Pensions Committee, said he's disappointed by the governor's veto, but he'll fight to pass the bill again.

"This bill was critical to ensuring that those who dedicate their lives to protecting our public lands, natural resources and state university campuses — our regional state park police, environmental conservation officers, forest rangers and university police officers — have the retirement equity they deserve," Jackson said in a statement. "The veto of this bill not only undermines the efforts of our state's law enforcement officers but also jeopardizes the safety and security of the public spaces under their watch."

But the Manhattan Democrat said he doubts the union's retaliation claims.

"I refrain from commenting on the fairness of methods used by advocacy or labor groups," Jackson said. "The governor is an adult with thick skin, and I doubt a billboard would influence doing what's right for public servants."

The PBA endorsed Hochul in her 2022 gubernatorial race against former Long Island Rep. Lee Zeldin.