Lawsuit on SOA contract

[aster]

www.newsday.com/long-island/nassau/nassau-police-contract-lawsuit-1.50094713



By Scott Eidler
[e-mail] @scotteidler
Updated December 16, 2020 7:38 PM
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Civil rights attorney Frederick Brewington has filed a lawsuit against Nassau County Executive Laura Curran, 16 county legislators, and other officials, arguing a police labor agreement should be voided because lawmakers wrongly voted for it on an "emergency basis."

The plaintiff, Doris Sharpe, described in court papers as a Nassau resident, cites the legislature’s "defective vote" on Nov. 16 approving an 8.5-year labor deal for the Nassau Superior Officers Association. The suit names as defendants Curran, a Democrat, and 16 of 19 county legislators who voted to approve the contract, including 11 Republicans and 5 Democrats. Also named are Nassau Interim Finance Authority Chairman Adam Barsky, NIFA board members, and Nassau’s Clerk of the Legislature, Michael Pulitzer.

The suit, filed Tuesday, follows activists' criticism of Curran and legislators for taking action on police contracts. Earlier this month, Nassau officials announced passage of a "tentative" deal between the county and Police Benevolent Association, its largest police union. That pact needs the approval of the Legislature and NIFA.

The suit notes that NIFA is set to consider the SOA deal at its meeting on Thursday.

Activists say Nassau should hold off on approving police contracts until the county settles on a comprehensive police reform plan, as required under a June directive from Gov. Andrew M. Cuomo. The directive, known as "Executive Order 203," requires municipalities with police departments to develop plans for sweeping reforms by April 1, following this May's death of George Floyd while in Minneapolis police custody.

Passage of the deals now, "completely undercuts police reform efforts."

"By using emergency procedures, the CBA [collective bargaining agreement] was approved outside of the normal legislative process, which would have required, inter alia, that it first be considered and voted on in committee, then be afforded an opportunity for public comment, and then be considered and voted on by the entire legislature," Brewington argued in court papers.
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"Therefore, the County Legislature's ratification of the CBA is a nullity and is void as a matter of law," Brewington argued. "No emergency exists that would permit respondents to bypass the County Legislature's normal legislative process."

Only three county legislators, all Democrats, voted against the SOA deal's passage: Minority Leader Kevan Abrahams, of Freeport, Siela Bynoe, of Westbury, and Carrié Solages, of Lawrence. The deal provides 15% raises, including a $3,000 stipend for wearing body cameras. Also, members who have served six years as a supervisor are to receive a step increase to base salary of $8,000.

The suit continued, "Despite the obvious magnitude of the eight and a half-year CBA and its implications for Nassau County taxpayers, respondents illegally approved the CBA outside of the normal legislative process, without any emergency basis, and failed to afford the County Legislature's relevant committee and the public an opportunity to weigh in."

The suit notes that the letter from the county setting forth an emergency was signed by Chief Deputy County Executive Helena Williams "for Laura Curran … The letter, however, made no mention of the County Executives [sic] absence or inability to perform her duties."

Chief deputies have signed for the county executive in other matters.A county spokesman said the county does not comment on pending litigation. A NIFA spokesman declined to comment.

Presiding Officer Richard Nicolello (R-New Hyde Park) said: "The Majority will thoroughly review the suit filed late today as we do all litigation against the county. Regardless of technical procedural claims in the law suit, the SOA contract was approved 16-3 and is clearly in the best interests of Nassau residents and the men and women who serve as supervisors in the NCPD."

A NIFA spokesman said the agency has no comment. Representatives for other defendants did not respond to requests for comment.

A spokesman for legislative Democrats declined to comment.

The suit notes that without an emergency declaration, all resolutions must be filed with the legislature's clerk "in final form for passage for at least one week."

Brewington says the county and SOA finished negotiating in September, and writes: "There was no sudden or unexpected occurrence or condition requiring immediate action."

[tornado]

Brewington is a f***ing animal.

[pdcn63]

i think " doris sharpe" is the former nassau county police officer who got arrested 5 years ago or so in a parking lot

[OTJrook]

Dec 17, 2020 20:13:20 GMT -5 pdcn63 said:

i think " doris sharpe" is the former nassau county police officer who got arrested 5 years ago or so in a parking lot

Wasn’t that P.O. Delores Sharpe ?

[pdcn63]

she is also listed as doris sharpe in some news articles. i think thats her

[aster]

By Michael O'Keeffe and Scott Eidler
[e-mail], [e-mail]
Updated December 17, 2020 10:47 PM
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A Nassau judge issued a temporary restraining order Thursday barring implementation of a police labor agreement — approved by the county legislature last month — in response to a lawsuit that said lawmakers wrongly voted for the contract on an emergency basis.

State Supreme Court Justice James McCormack issued the order two days after Nassau resident Doris Sharpe filed a lawsuit that said the legislature’s approval of an 8½-year contract with the Nassau Superior Officers Association was illegal because lawmakers gave it the green light outside of the normal legislative process. The lawsuit says that the emegency approval of the collective bargaining agreement didn't afford the public a chance to comment.

Nassau Interim Finance Authority directors on Thursday approved the labor agreement in a 5-0 vote. "We think it conforms to the pattern that was originally set, and we think it’s a fair contract for the county and for the Superior Officers," NIFA chairman Adam Barsky said in an interview.

SOA president Ricky Frassetti declined to comment. A spokeswoman for Nassau County Executive Laura Curran declined to comment, saying the county does not discuss pending litigation.

"The judge’s issuance of the TRO is warranted in light of multiple levels of inappropriate actions conducted on an emergency basis by legislators," said Sharpe’s attorney, civil rights lawyer Frederick Brewington.

Brewington and Nassau activists say the county should hold off on approving police contracts until it settles on a comprehensive police reform plan, as required under a June directive from Gov. Andrew M. Cuomo. The directive requires municipalities with police departments to develop plans to reform and reinvent law enforcement by April 1, following this May's death of George Floyd while in Minneapolis police custody.

Brewington said Nassau officials have ignored input from activists and residents about reinventing policing.
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"The voices of the citizens of Nassau County need to be heard," Brewington said.

The suit names as defendants Curran, a Democrat, and 16 of 19 county legislators who voted to approve the contract, including 11 Republicans and five Democrats. Also named are Barsky, NIFA board members and Nassau’s clerk of the Legislature, Michael Pulitzer.

Brewington said McCormack declined to apply the TRO to NIFA because the authority is not involved in the implementation of the contract.

Addressing the lawsuit, Barsky said: "We were victorious in the aspect of the lawsuit that had to do with NIFA and that does not impact our ability to consider the contract."

[tornado]

How about the "Black Community" reforms itself??

[redstone14]

Dec 17, 2020 20:13:20 GMT -5 pdcn63 said:

i think " doris sharpe" is the former nassau county police officer who got arrested 5 years ago or so in a parking lot

newyork.cbslocal.com/2015/11/11/retired-nassau-cop-lawsuit/

[tornado]

The picture that goes with the CBS article tells you all you need to know.

[hornet]

By Scott Eidler
[e-mail] @scotteidler
Updated December 28, 2020 5:43 PM
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A Nassau judge on Monday dismissed a lawsuit seeking to void a labor contract between Nassau County and the Superior Officers Association and lifted a temporary restraining order barring the 8.5-year pact from taking effect. Civil rights lawyer Frederick Brewington filed the suit on Dec. 15, representing plaintiff Doris Sharpe of Hempstead. In seeking to void the pact, Brewington argued the Nassau County Legislature was wrong to approve the contract at its Nov. 23 meeting on an "emergency" basis. The Nassau Interim Finance Authority, a state control board responsible for signing off on the pact, subsequently approved the deal at its Dec. 17 meeting.

The 15-page ruling from Judge James P. McCormack found Sharpe lacked standing and "the petition itself lacks merit." McCormack vacated a temporary restraining order, granted Dec. 17, halting the contract from moving forward. It was not immediately clear when payments to the officers, under the terms of the new labor agreement, would commence. The agreement provides 15% raises to officers, including a $3,000 stipend for wearing body cameras. County officials had defended their decision to bring the pact to the legislature on an emergency basis. A new health insurance plan offered by Aetna was set to result in rate increases for officers and the legislature needed to approve the contract at its Nov. 23 meeting to save costs, county officials had argued, according to the judge's ruling. That would have resulted in $466,000 in additional costs to the taxpayers for each month of delay, the county had argued, according to McCormack.

The legislature's vote was 16-3 with three Democratic legislators objecting: Minority Leader Kevan Abrahams of Freeport; Carrié Solages of Lawrence and Siela Bynoe of Westbury.

In a statement, Brewington said: "Of course, we are disappointed at this point. We are evaluating the decision right now as we consider next steps. This is a very complex matter that has several important issues, which have been unveiled by Ms. Sharpe bringing the case in the first place." Sharpe, 60, said in a statement provided by Brewington: "As an African-American and the Plaintiff in this action, the County left me no real choice. It was either sit and watch my Legislature act in a negative manner against police reform or speak up. I chose to speak up, and the Court clearly understood my position, when it wrote, ‘To be clear, the court finds her concerns perfectly legitimate. It makes sense to argue that if the MOA is approved prior to Executive Order 203 being addressed, then the MOA is, in essence, ignoring Executive Order 203.’ While the Court saw this as something that is not certain to happen, for me it is a real and present danger." Brewington had argued the contract approval threatened to undermine the county's plan to enact sweeping reforms to policing, which is due to the state by April 1 under a directive from Gov. Andrew M. Cuomo. Approving police contracts before a county plan is set, as part of Executive Order No. 203, would harm efforts to secure meaningful reform, Brewington and Democratic activists and lawmakers have argued. A spokesman for Curran declined to comment on McCormack's ruling.

Ricky Frassetti, president of the SOA, said: "I’m glad that this is all behind us and the SOA members can finally get what they deserve, by us negotiating a fair contract." Frassetti said he hoped his members would be "paid as soon as the county can implement it, as soon as payroll can be implement." Presiding Officer Richard Nicolello (R-New Hyde Park) said in a statement: "The contract between the county and its Superior Officers is in the best interests of Nassau residents, and the men and women of the Nassau County Police Department. The court decision will permit the contract to be implemented." The ruling is a key victory for Curran, a Democrat, who will have formalized two new labor contracts since taking office in 2018.

Deals with the county's five major unions expired on the eve of her first term and Curran, who is up for reelection in November 2021, has been working to finalize new contracts. In December 2019, the county announced a new deal with the Detectives' Association Inc., which was later ratified by the legislature and NIFA. Her administration suffered a significant setback last week, when members of the Police Benevolent Association rejected terms of a proposed deal between the county and PBA, by a margin of 143 votes, according to PBA president James McDermott. The county has yet to set new contracts for the Civil Service Employees Association and Sheriff's Correction Officers Benevolent Association.