CO STRIKE CONTINUES: DOCCS docking pay, looking to end health insurance for strikers

The Journal

OGDENSBURG - The state Department of Corrections & Community Supervision (DOCCS) will be docking pay and looking to terminate the state sponsored health insurance of any corrections officer who is striking at any of the dozens of correctional facilities across the state.

On Saturday afternoon, Thomas Mailey, the director of public information at DOCCS, provided an update via email on the ongoing protests at state prisons that includes Riverview Correctional Facility in Ogdensburg, the site of an inmate uprising on Feb. 20 that was eventually quelled by DOCCS staff (see story on page A4).

"Today (Feb. 22) is the sixth day where correction officers have illegally walked off the job, risking the safety and security of our correctional facilities," Mailey said in the email, "This action is undermining the safety of COs currently on the job, the incarcerated population, and the dozens of communities where prisons are located."

Mailey, in his email said COs continuing to take part in the illegal job action are violating the law.

"They will be considered absent without leave and are being docked pay for every day on strike. Also, as a result of their status, the state will terminate their state sponsored health insurance," Mailey wrote.

In addition, those participating in the illegal job action will face administrative penalties along with department discipline for violating the state's Taylor Law and a judge's temporary restraining order, according to Mailey.

The state's "Taylor Law," passed in the 1960s, requires union permission for public employees to strike.

A New York supreme court judge signed a temporary restraining order mandating the striking correction officers to "cease the illegal activity," last week.

Over the weekend, state troopers began serving an unknown number of identified striking COs and served them legal paperwork - the state is taking them to court over their continued striking, and could send them to jail for up to 30 days for organizing the strike, a punishment usually reserved for union leadership.

At the main entrance to Riverview Correctional Facility, dozens of corrections officers and a large contingent of retired DOCCS employees continued to strike and protest. Corrections officers declined to speak to the media on Monday.

Massena's Jerry Laramay - a retired corrections officer with 30 years experience serving at Upstate, Riverview and the now-closed Ogdensburg Correctional Facility - was at the strike site Monday morning, making the rounds to a number of correctional facilities across the state.

"Myself and another officer we've been to Upstate, Bare Hill and Franklin for the last couple of days, stopped here, and we are headed to Auburn and Five Points also to show our support. I am a firm believer that the retirees need to support the people here. With everything going on, they need some people here," said Laramay.

Laramay said that the inmate uprising last week at Riverview was just a matter of time, due to the working conditions for its COs and the HALT Act which restricts the use of solitary confinement or other disciplinary measures in prisons.

"I could see it coming. This has been coming for a long time. Their current working situation is atrocious. The safety for these men and women is non-existent," said the retiree, "I think the biggest thing that we all agree upon is the HALT Act. If you have no recourse, no disciplinary sanctions against these inmates then they will do whatever they want at any time."

Repealing HALT Act would be a good first step, according to Laramay.

The second is a desperate need for more manpower to staff not only Riverview but all of the prisons.

"These people are working at 70 percent, are you kidding me? You are putting all of the men and women's lives in danger," he said.

According to Mailey, Daniel F. Martuscello III, DOCCS' commissioner issued a memo last week outlining that officers continuing to work in facilities would receive a temporary increased overtime pay rate. Martuscello, in his memo, provided immunity from discipline for those walking off the picket line and returning to work, resulting in several officers returning to duty, according to Mailey, and in addition, a mediation process between DOCCS and New York State Correctional Officers and Police Benevolent Association on safety and recruitment, began Feb. 21 and that process is ongoing.

According to the mediator, Martin F. Scheinman of Scheinman Arbitration and Mediation Services, mediation originally scheduled to begin on Tuesday was pushed up to Monday after an initial meeting between NYSCOPBA and the state Feb. 21.

Meanwhile at the Claxton-Hepburn Medical Campus in Ogdensburg, a support group has been set for Thursday, Feb. 27 at 4 p.m. in the Hess Auditorium where corrections officers will be able to "talk and support each other in a safe, confidential space. Groups will be facilitated by trained mental health professionals from the Claxton-Hepburn Wellness Center," a press release stated. A previous group was held on Tuesday.

There are reports of corrections officers working more that 30 hours straight due to a lack of staffing from the strike.

"Together we can STOP the cycle of trauma. You are not alone, you are the priority," the release stated.

Word ID will be required to participate. Refreshments will be provided and the release states that future groups will be scheduled.