Split Court of Appeals strips Police Accountability Board of disciplinary power

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In a 4-3 vote, New York state’s highest court has upheld a lower court ruling that Rochester’s Police Accountability Board (PAB) has no disciplinary powers.

The Rochester Police Department officers’ union, the Rochester Police Locust Club Inc., challenged the establishment of the PAB, claiming the disciplinary process is laid out in the union’s contract with the city, and ultimately rests with the police chief.

In 2019, the Rochester City Council adopted a new law that was approved in a public referendum to create the PAB, which would have exclusive authority to investigate and make decisions regarding officers accused of misconduct.

The PAB’s disciplinary authority was struck down in state Supreme Court. The Appellate Division of state Supreme Court, Fourth Department, affirmed that ruling, explaining that the city is obligated to negotiate with the Locust Club on the issue of police discipline. The Fourth Department was affirmed in a decision released Monday by the Court of Appeals.

Judges John C. Egan Jr., Michael Garcia, Madeline Singas and Anthony Cannataro voted in the majority. Chief Judge Rowan, Judge Jenny Rivera and Caitlin Halligan dissented.

“The Rochester City Council still believes that accountability of all public servants, including our police department, is of the utmost importance,” City Council President Miguel A. Meléndez Jr. wrote in a statement sent to the news media.

“This Council has now exhausted every effort to define the disciplinary powers of the Police Accountability Board. Now that we have been given the final determination, we must move forward with this very important work,” he wrote.

“This Council remains committed to accountability in our city, not just for our police department, but all agencies within city government,” he wrote.

The PAB also sent a statement to the media.

“The Police Accountability Board is disappointed with the decision … to remove the agency’s disciplinary power. While the ruling is impactful to civilian oversight, the PAB remains committed to conducting rigorous, unbiased investigations into allegations of police misconduct,” the group wrote.

“The agency will continue to recommend appropriate actions and disciplinary measures to the Rochester Police Department based on our findings,” they wrote.

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