BUFFALO, N.Y. -- Gov. Kathy Hochul signed an emergency executive order Monday barring state agencies from hiring individuals formerly employed by the state Department of Corrections and Community Supervision who participated in the recent strike, including both those who resigned or were fired.

The order also directed the Central Registry of Police and Peace Officers to revoke those individuals' Peace Officer Certification, and on a temporary basis, suspends laws that would allow counties and municipalities to hire them.

Tully Rinckey law firm CEO Michael Macomber said the order raises interesting legal questions.

"There are competing interests on both sides. Nothing I'm saying here is trying to side with one or the other. It's a little unclear where a lot of this shake out based on those competing interests," Macomber said.

Chemung County filed a lawsuit over the order and others have brought up the idea as well. Macomber said both local governments and correction officers could have standing to bring an action.

"I think the most realistic petitioner will be the actual COs, the correction officers. It may be brought on by the unions. [New York State Correctional Officers and Police Benevolent Association] may bring it on behalf of its members," he said.

The attorney said there is a law in New York state that says employers can't hold prior criminal convictions against employees in hiring but there are limitations. Complicating factors, no officer has technically been convicted of violating the state's Taylor Law, which bars most public employees from striking.

"The counter argument to that would be that this does specifically pertain to their jobs. It created a safety risk in health. The violations actually did impact the terms and conditions of their employment," Macomber said.

He said he could see other counties filing their own action or joining another. Macomber said there is precedent for executive orders to suspend local law, for instance during the COVID-19 pandemic.

"They may have some arguments on their own end because it's obviously impacting hiring needs. I understand a lot of counties are still understaffed. They would love to hire some of these people," he said.

The attorney expects there are still a lot of conversations continuing between both sides to which the general public is not privy.

An emergency executive order expires after 30 days but Macomber says the governor can continue to extend the order as long as the state of emergency remains, something we saw Governor Cuomo do during the COVID-19 pandemic. He said another option, is the state Legislature could codify or override the order by passing a law.