The Oneida County Board of Legislators on Wednesday approved a resolution allowing them to sue New York state in response to Gov. Kathy Hochul’s executive order that bars correction officers who were fired for striking from being hired by local municipalities unless they go through a specific program.

County Executive Anthony Picente said the legislature approved the resolution because lawmakers think the governor overstepped.

County leaders argue the state went beyond its scope when prohibiting the terminated correction officers from working in service of the state, saying it will impact hiring efforts on all levels of government.

Picente said Oneida County and all counties should be able to decide who they hire and why. He addressed the legislature at the top of its meeting, saying the now-terminated correction officers are still members of the community.

The governor’s executive order, however, says those who participated in the strike violated the Taylor Law, undermined public trust and disrupted public service, and therefore are not suitable for public roles. 

The order directs fired officers be reported to the New York State Central Registry of Police and Peace Officers as a separation for cause. If they are decertified, they would uneligible to serve as officers unless they go through a recertification process. It also suspended local laws that would allow for the hiring of officers who separated from employment during the strike, restrictions that will be lifted when the emergency is.

The governor's office on Wednesday declined to comment on what it called "hypothetical litigation."

Picente, however, said the issue is not so clear cut, and reiterated his belief that the governor is crossing a boundary.

“Executive order no. 47.3 is an abuse of the governor's authority and discretion, and unlawfully intrudes upon the county’s powers of home rule,” he said.

While the legislators all voted "yes," Picente said that does not mean they will be going to court right away. The legal department is working to analyze the governor’s exeutive order to see how the county is directly impacted before taking any action.