This memorandum is uncorrected and subject to revision before publication in the New York Reports. No. 180 In the Matter of Town of Wallkill, Respondent, v. Civil Service Employees Association, Inc. (Local 1000, AFSCME, AFL-CIO, Town of Wallkill Police Department Unit, Orange County Local 836), et al., Respondents, Town of Wallkill Police Officers' Benevolent Association, Inc., Appellant. John M. Crotty, for appellant. Joseph G. McKay, for respondent Town of Walkill. New York State Public Employment Relations Board; New York State Law Enforcement Officers Union, Council 82, AFSCME, AFL-CIO, amici curiae. MEMORANDUM: The order of the Appellate Division should be affirmed, with costs. Since 1995, a collective bargaining agreement (CBA) has been in place between the Town of Wallkill (the Town) and the Town of Wallkill Police Officers' Benevolent Association, Inc. -1 -
(Wallkill PBA) . Pursuant to the discipline by the Town have the neutral arbitrator. In 2007, No. 2, which sets forth disciplinary procedures officers different than those 2 does not allow for arbitration, Board member or a designee of addressing disciplinary charges officer and to issue a decision with and a suggested disciplinary penalty. Town Board with the authority to officer's recommendations, render charges and impose a penalty "consistent with the New York State Town Law." review by way of a CPLR article 78 Shortly after the Town initiated disciplinary action against Wallkill PBA filed requests for police officers. In turn, the proceeding seeking to permanently judgment declaring that Local Law and the police officers cross petitioned to and counterclaimed for a judgment invalid. Supreme Court denied -2 No. 180 CBA, police officers subject to right to a hearing before a however, the Town adopted Local Law for police outlined in the CBA. Local Law No. but rather requires a Town the Town Board to conduct a hearing preferred against a police recommended findings of fact Local Law No. 2 vests the review the individual hearing a final determination of the the provisions of Such determination is subject to proceeding in Supreme Court. enacted Local Law No. 2, it two police officers. arbitration on behalf of the Town commenced a CPLR article 75 stay arbitration and for a No. 2 is valid. Wallkill PBA compel arbitration declaring Local Law No. 2 the Town's petitions and granted -2 -
-the cross petitions. The court "insofar as inconsistent with the CBA and vacated the disciplinary actions officers. Supreme Court further to arbitration. Citing to our Benevolent Assn. of City of N.Y., Empl. Relations Bd. (6 NY3d 563 reversed (84 AD3d 968 [2d Dept We agree that Matter dispositive. There, we confronted strong and sweeping policy of the bargaining under the Taylor Law" disciplinary authority for those (Matter of Patrolmen's Benevolent quotation marks and citation omitted]). discipline may not be a subject the Taylor Law when the Legislature has disciplinary authority over a police department officials" (id. at 570). In so holding, we observed and 76 generally govern "the procedures employees, including police officers," and "police discipline may be the subject (id. at 573). However, Civil Service "[n]othing contained in section seventy-five -3 No. 180 declared Local Law No. 2 invalid disciplinary provisions of" the taken against the police directed the parties to proceed decision in Matter of Patrolmen's Inc. v New York State Pub. [2006]), the Appellate Division 2011]). of Patrolmen's Benevolent Assn. is the "tension between the State to support collective and "the policy favoring strong in charge of police forces" Assn., 6 NY3d at 571 [internal We held "that police of collective bargaining under expressly committed to local that Civil Service Law §§ 75 for disciplining public where applicable, of collective bargaining" Law § 76 (4) states that or seventy-six of 3 -
-this chapter shall be construed special or local" preexisting laws Patrolmen's Benevolent Assn., Applying our holding Benevolent Assn. to the facts in Town properly exercised its authority to adopt pursuant to Town Law § 155. Town enacted prior to Civil Service Town "the power and authority to regulations for the examination, determination of charges, made members of such police department." police discipline resides with subject of collective bargaining between PBA. * * * * * * * * Order affirmed, with costs, in a and Judges Ciparick, Graffeo, Read, concur. Decided October 25, 2012 -4 No. 180 to repeal or modify any general, (emphasis added; see Matter of 6 NY3d at 573). in Matter of Patrolmen's this case, we conclude that the Local Law No. 2 Law § 155, a general law Law §§ 75 and 76, commits to the adopt and make rules and hearing, investigation and or preferred against any member or Accordingly, the subject of the Town Board and is a prohibited the Town and Wallkill * * * * * * * * * memorandum. Chief Judge Lippman Smith, Pigott and Jones 4 -
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