Gov. Hochul Reverses Course on Correction Officer Ban Amid Legal Battles and Staffing Crisis

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New York Governor Kathy Hochul’s administration has made a sharp retreat from its initial stance on permanently barring correction officers who participated in a recent strike from working in the state’s correctional system. Initially, the administration had signaled that it would pursue legislation to prevent nearly 2,000 officers who refused to return to work at the conclusion of a three-week strike from ever working as correction officers in New York again.

The March 10 executive order, which Hochul signed at the tail end of the strike that severely hampered operations at numerous state prisons, stripped those officers of their peace officer certifications. This effectively blocked them from seeking employment at state or county correctional facilities. However, this sweeping measure quickly ignited controversy, particularly among county sheriffs and administrators who questioned the constitutionality of barring these officers from working in local jails. The response was so strong that counties like Oneida and Chemung took legal action, filing lawsuits in state Supreme Court to challenge the governor’s authority.

Sheriffs from various counties, including Oneida County Executive Anthony Picente, expressed outrage over the move, calling it an overreach of executive power. Picente didn’t mince words, stating, “This is an abuse of the governor’s authority and discretion and unlawfully intrudes on the county’s power of home rule … and the United States Constitution.” He argued that the ban would prevent the affected officers from securing any law enforcement job within county government, including roles as correction officers, 911 dispatchers, and sheriff’s deputies.

Adding to the frustration, Picente pointed out what he called the hypocrisy of Hochul’s administration. “The governor has openly invited federal employees dismissed under former President Donald J. Trump’s administration to come work for New York, yet at the same time, she is effectively banning state employees who lost their jobs from finding any work in government. It’s completely hypocritical, completely ridiculous, complete overreach, and a complete violation of home rule,” he said.

The governor’s office initially planned to introduce legislation to make the ban permanent following the expiration of the 30-day emergency order on April 9. However, sources close to the administration have since indicated that Hochul has backed away from this stance. Now, the affected officers may have a pathway to regain their peace officer certifications, allowing them to seek employment in county jails—though they remain barred from working for state agencies.

Despite this partial reversal, the administration has not softened its stance on the striking officers. Matt Janiszewski, a spokesperson for the governor, defended the executive action, stating that the officers “willfully violated” New York’s Taylor Law, which prohibits public employees from striking. He emphasized that these officers defied both the law and a court order mandating their return to work. “Their conduct undermined the public trust, demonstrated a disregard for the law, and disrupted public services—this is why Gov. Hochul signed an executive order to ensure these individuals face consequences for their unlawful actions,” Janiszewski said.

The repercussions of the strike were widespread. The mass walkout forced Hochul to call in the New York National Guard to assist with security and operational duties at multiple prisons. State Police were also deployed to bolster perimeter security at certain facilities. At the height of the crisis, some prisons were operating with only about 25% of their usual staff. Even now, National Guard troops remain stationed at various prisons as the state correctional system struggles to stabilize its workforce. There are also reports that state officials are considering consolidating operations, potentially closing several prisons in the coming year.

Oneida County Sheriff Robert Maciol highlighted the direct impact of the executive order on local jails, which are already grappling with severe staffing shortages. He revealed that he has approximately 80 vacancies at his county jail, with dozens of former state correction officers eager to fill those positions. “We have the opportunity to fill probably half of these vacancies comfortably,” Maciol said, emphasizing that Hochul’s order had been a major roadblock in addressing the staffing crisis.

As pressure mounted, Hochul’s office met with representatives from the New York State Sheriffs’ Association in an attempt to find a compromise. However, while county jails may now have the option to hire former state correction officers, many individuals are still fighting to regain their jobs. Some officers claim they were on medical leave or had excused absences during the strike and are now filing grievances in hopes of reinstatement. The corrections department has stated that these cases are being reviewed on an individual basis.

The strike itself was triggered by long-standing grievances among correction officers, including concerns about low pay, grueling work schedules, and unsafe conditions. Many officers had already been working mandatory 16-hour shifts due to chronic understaffing. In February, before the strike began, corrections Commissioner Daniel F. Martuscello III issued a controversial memorandum to prison superintendents, stating that “70% of our original staffing model is the new 100%.” This statement implied a permanent reduction in staffing levels and fueled further frustration among correction officers.

Tensions boiled over just days after Martuscello’s memo when a lockdown was imposed at Collins Correctional Facility in Erie County. Officers had reportedly retreated from inmate dorms, citing unsafe conditions. That incident, which is currently under investigation, became the catalyst for the wave of strikes that began five days later at Collins and Elmira Correctional Facility in Chemung County. Within 24 hours, nearly two dozen prisons across New York had joined the work stoppage.

Hochul, for her part, has remained firm in her stance against the striking officers. The financial toll of the strike has been staggering, with the state reportedly spending nearly $100 million in emergency staffing costs. “There are 2,000 people who refused the multiple, multiple, multiple efforts we had to resolve this over a three-week period,” Hochul said shortly after signing her executive order. “It has been all-consuming; it has been wildly expensive for taxpayers—it created a very dangerous situation which I called out from the second day.”

Even though over 5,000 correction officers and sergeants returned to work by March 10, the state prison system remains roughly 4,000 officers short of pre-strike staffing levels. With the possibility of additional prison closures and ongoing legal battles, the road ahead remains uncertain for both the correction officers and the administration.

While Hochul’s administration has backpedaled on the permanent employment ban for county jails, the rift between state officials and law enforcement agencies remains deep. The battle over workers’ rights, government authority, and the future of the state’s correctional workforce is far from over. One thing is certain—this chapter in New York’s labor and correctional history will have lasting implications for years to come.