A decision by the New York State Court of Appeals has struck down the disciplinary powers of Rochester's Police Accountability Board.
Those powers were granted to the PAB by a local law passed in 2019. According to the court, the disciplinary procedures set forth by that law deviated significantly from the procedures in the collective bargaining agreement between the city and the Police Locust Club union, and were not agreed to by the union.
The court has held that collective bargaining is required for disciplinary procedures where no legislation specifically gives police discipline to the discretion of local officials.
The PAB released a statement responding to the ruling, saying in part:
"The Police Accountability Board is disappointed with the decision by the New York State Appellate Court to remove the agency’s disciplinary power. While the ruling is impactful to civilian oversight, the PAB remains committed to conducting rigorous, unbiased investigations into allegations of police misconduct. The agency will continue to recommend appropriate actions and disciplinary measures to the Rochester Police Department based on our findings. The RPD is still required to inform the community if they plan to implement the PAB’s recommendations, a condition outlined in the City Charter and demanded by Rochester voters in 2019.
"In addition to investigation efforts, the Police Accountability Board will also persist in making policy recommendations to promote the highest standards of law enforcement. The agency’s policy Proposals for Change and Oversight Investigations will continue to serve as a critical tool for driving systemic change, ensuring that best practices are adopted to enhance community safety and trust. The Police Accountability Board calls upon policymakers, legislators, and the public to engage in a meaningful dialogue about the role and responsibilities of the Police Accountability Board and to explore avenues for equipping the agency with all it needs to conduct its work."
The full court decision can be read below.
