BUFFALO, N.Y. — For more than an hour Monday, attorneys and Erie County Court Judge Dennis Ward discussed the next steps in potential motion for contempt of court for correction officers who participated in illegal strikes across New York state earlier this year.
The state is seeking contempt of court against a fraction of the hundreds of officers originally named in the lawsuit, however in Monday’s hearing, the state attorney, Soo-Young Chang, reiterated that the state’s position hasn’t changed and they are only seeking a formal decision on whether officers in question violated the Taylor Law by striking, as the state argues. The state is not seeking larger punishments or penalties.
Defense attorney Ralph Lorigo argues the motion of contempt of court in itself is a punishment.
“They lost their livelihood. They lost their job,” said Lorigo. “The state has said they cannot work in any other state agency. They're not entitled to unemployment insurance because this action is going on.”
Out of the correction officers originally charged, seven respondents remain default in pleadings, meaning they have not affirmed or had any communication with the court.
When asked about the other impending issue regarding severance pay for workers on Family and Medical Leave, the judge has indicated that he is willing to grant the motion for severance, essentially a request to separate those cases from the bunch. However, the union has brought independent action on the case to Albany.
“So now this court is stuck between two situations. The judge has tried on a number of occasions to find out about the Albany court and has not been able to,” Lorigo said.
An inquest date is scheduled for July in response to the officers who have not yet responded to the court. The court will also discuss the possibility of separating the case in some capacity that day.