Options Weighed In City Police Arbitration Case
What will city officials do now following the decision last week by the New York State Supreme Court Fourth Judicial Department Appellate Division upholding the decision to give Jamestown Police Department officers $840,000 in contested pay raises from 2016 and 2017?
On Monday prior to the Jamestown City Council special meeting, Anthony Dolce, council president, said members of the council will have to discuss what their next options are in the case.
“We haven’t had a chance as a council to look at the specifics of the decision to decide what our options are and what next steps could be taken,” he said.
Elliott Raimondo, city corporation counsel, said, if the council approves, city officials could appeal the Appellate Court’s decision to the New York State Court of Appeals in Albany.
Eddie Sundquist, Jamestown mayor, said even if the council decides to appeal the Appellate Court’s decision, the state Court of Appeals may not accept the case.
“The (state) Court of Appeals can choose what decisions they would and would not want to hear,” Sundquist said. “The council will have to weigh that option on whether to accept the decision or it may choose to continue the appeal.”
Dolce said he was hoping the court would factor in the financial stress municipalities are under following the COVID-19 pandemic. Because of the pandemic, municipalities throughout the state are expecting to receive less in sales tax revenues and state aid.
“I was hoping they would take a look at the change in financial situation for municipalities,” he said.
Dolce said the arbitration decision by the Appellate Court might be an important step in reaching an agreement with the Kendall Club Police Benevolent Association. The last contract with the police union expired at the end of 2015.
“Hopefully this might be the catalyst to certainly move forward, and to see what the options are on both sides,” he said. “Again, we will have to wait and see what legal counsel (Bond, Schoeneck & King) and (city) council want to proceed.”
Sundquist also said he is hopeful the city and the union will reach an agreement in the future.
“We were working toward that, especially before COVID hit,” he said.
Sundquist said the arbitration panel’s ruling only deals with a couple years of pay for the police officers since the contract expired. He said city officials and the union still need to reach an agreement to determine pay for 2018, 2019 and 2020. Along with the police union, Jamestown Professional Fire Fighters Local 137 and Civil Service Employees Association (CSEA) local 1000 also have expired contracts.
“There are a lot of financial issues the city is facing and we will have to work hand-and-hand with our bargaining unions to know our finances going forward,” Sundquist said.
In April 2019, the council approved appealing the decision following the ruling by state Supreme Court in Mayville in March 2019 upholding the arbitration panel’s decision. In November 2018, a three-member arbitration panel released its split decision, 2-1, on the issue of a 2% pay increase, with independent arbitrator Howard Foster and John Crotty, police union representative, siding with the police and Todd Thomas, former city clerk and administrative services director who represented the city, provided the dissenting opinion.