Ruling favors Schenectady police union City, PBA get PERB's decision on attendance at disciplinary hearings By PAUL NELSON Staff writer Updated 10:31 p.m., Wednesday, July 27, 2011
SCHENECTADY -- In what may be a watershed decision, the state Public Employment Relations Board has sided with the police union in its protracted legal battle with the city over the issue of police discipline.
The ruling, which PERB on Wednesday confirmed had been signed and sent out certified mail to the parties Friday, is a blow to the city, which has fought vigorously to have Public Safety Commissioner Wayne Bennett preside over police discipline matters in ongoing efforts to clean up the force.
Acting Mayor Gary McCarthy said Wednesday afternoon he had been briefed on the decision though he had not yet read it. He said it ruled that police discipline is subject to negotiation or a matter of collective bargaining and does not fall under the so-called Second Class Cities Law, which governs public employees' rights.
The city's position had been that police discipline was covered under that law and therefore gave them the right to place Bennett in charge of discipline and open hearings to the public, both of which of the Schenectady Police Benevolent Association opposed.
McCarthy expressed hope that the firings or forced resignations of several officers following disciplinary hearings handled by a hearing officer over the past few years during the administration of Mayor Brian U. Stratton, would deter any would-be rogue cops.
"We will deal with this ruling, comply and move forward," said McCarthy, adding city officials would huddle with city lawyers and weigh their options before deciding their response.
Though he had not yet seen the decision, Police Chief Mark Chaires echoed those sentiments.
"We'll take some time to digest it and then meet with attorneys before deciding our course of action," he said.
Corporation Counsel L. John Van Norden did not immediately return a call Wednesday seeking comment.
PBA attorney Michael Ravalli said Wednesday the group is satisfied with the decision.
"We anticipate the city will abide by the agreement," he added, noting they could appeal to the full PERB board.
In 2008, the PBA filed an improper labor practice complaint with PERB when the city unilaterally said it would conduct police disciplinary hearings presided over by Bennett. The city objected. The union filed a lawsuit challenging Schenectady's right to hold the open hearings, and state Supreme Court Justice Barry Kramer sided with the union and granted an injunction to halt the process.....................>>>>................>>>>>................Read more: http://www.timesunion.com/loca.....03.php#ixzz1TOX4On63
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