New York correction officers vote on deal that could end walk-out

Thousands of striking officers, including from Clinton Correctional Facility, could be back to work as early as Friday

By Brendan J. Lyons, Managing Editor of Times Union

Updated at 9:30 a.m. on Friday, March 7.

Thousands of striking New York correction officers voted Thursday on a new, informal contract offer that was expected to end their walkout and create a committee to determine whether certain provisions of a law that regulates solitary confinement could be adjusted.

Two people close to the negotiations told the Times Union early Thursday afternoon that the deal was imminent and thousands of officers were expected to return to work as early as Friday morning.

But a significant hurdle remained late Thursday as the leaders of the New York State Correctional Officers & Police Benevolent Association, the union representing more than 13,000 correction officers and sergeants, declined to sign the agreement. They alleged the recent negotiations between the state corrections commissioner and thousands of officers who went on strike against the wishes of their union were not legal.

The union issued an incendiary statement Thursday afternoon confirming it would not participate in the agreement.

“NYSCOPBA was not appropriately engaged in the development of the currently circulating agreement. This agreement was not negotiated with NYSCOPBA — the legally recognized entity through which all negotiations must be conducted,” the union’s statement read. “There are substantial legal issues that must be addressed … (and) at this time, NYSCOPBA will not be signing this agreement.”

In a video briefing Thursday evening, corrections Commissioner Daniel F. Martuscello III said the union’s leadership was “failing (its) members,” and proceeded to list the elements of the agreement as a direct message to the strikers.  

He was joined by Commissioner Jackie Bray of the state Division of Homeland Security and Emergency Services, who emphasized that the latest offer was the final one before the state moved forward with a wave of formal termination notices for officers who remained on strike.

Bray said those who remain off the job will face criminal contempt charges. The state on Thursday turned over the names of about 1,000 officers to the state attorney general’s office for potential contempt charges, adding to just over 300 names previously identified.

The informal voting by officers at multiple prisons across New York took place Thursday morning as the strike entered its 18th day, crippling operations in the facilities and requiring more than 6,500 New York National Guard troops to be deployed to assist with security. Many of those officers had lost faith in their union, whose leaders had last month prevented a vote at an executive board meeting to strike. But less than two weeks later, on Feb. 17, officers at two prisons in western and southern New York went on strike anyway, and within a day the strikes had spread to more than 30 prisons.

Striking correction officers at Clinton Correctional Facility, a maximum-security prison in Dannemora, voted Thursday morning on the latest offer by breaking into two groups outside the prison — those for and those against it. According to a person who was present, the striking workers agreed to return to duty on Friday if the offer was accepted and signed by Martuscello.

The agreement includes pay increases, limits on mandatory overtime and an assurance that officers who have been on strike will be able to return to their jobs without facing discipline. Many of those provisions were included in the formal deal negotiated last week by a mediator but rejected by thousands of officers.

One of the top concerns of the prison officers has been their perceived inability to adequately discipline inmates who engage in violence, including assaults on staff or other prisoners. They are seeking a return of a “keep-lock” provision that would not segregate inmates in special housing units but would enable them to be kept in their cells or “cubes” (dormitory living areas) as a form of discipline. 

More: The long road to turmoil in New York’s prison system

That process would still grant the inmates limited freedom, according to correction officers, while providing a form of discipline that might prevent bad behavior and encourage someone to comply in order to have all privileges restored. The inmates would still be allowed to have tablet devices, attend meals — if they are not in a maximum-security facility — and be outside in a segregated area for at least an hour per day.

“We find ourselves very frustrated as a group of security staff,” said a correction officer who works at a central New York prison, and spoke on condition of anonymity. “What do you do when you have someone that really does not want to conform? And that can be up to and including serious assault.”

The proposed committee that would review the solitary confinement law and other safety measures would include representatives of NYSCOPBA, Council 82, the Public Employees Federation, the Civil Service Employees Association and the Department of Corrections and Community Supervision. There would also be representatives from the Legislature — one Democrat and one Republican each from the Assembly and Senate.

Martuscello was at the Capitol on Thursday and visited the office of Senate Majority Leader Andrea Stewart-Cousins. Sources said he also contacted other legislative leaders.

“Being locked up and throwing away the key will make anyone go nuts,” the officer from central New York said. “What our side is … when you and I offend our fellow citizens and commit a felony, we have to be removed from the general population of citizens. But in prison, they’re all felons. … So they need to be removed from that population. There is no other choice. It kind of leaves us in a bad position because if you don’t want to segregate these non-conforming inmates, what are you supposed to do as a deterrent?”

There is also a provision to revisit what constitutes an assault on staff members.

A spokesman for HALT Solidarity Campaign, an advocacy group that pushes for changes in the correctional system on behalf of prisoners, said that in the wake of two recent incidents in which inmates died after being beaten by correction officers, “It’s unconscionable that DOCCS would even consider renegotiating its contract with NYSCOPBA to give them greater power to torture people in their custody, as well as pay increases and amnesty for a work stoppage that has killed people.”

“If the contract is to be reopened, it should be solely about increasing accountability for abusive guards,” said Anisah Sabur, a spokesman for the group. “Worse still, the reported committee on the HALT Solitary Law reportedly wouldn’t include the survivors of solitary confinement or family members of people who died in solitary who led the eight-year campaign to enact this law.”

Many state prisons are operating with roughly 20 to 25 percent of their normal level of staff, with officers working at least 12-hour shifts every day of the week. The agreement would keep those 12-hour shifts in place until normal operations resume and then return to eight-hour shifts with regular days off when facilities are operating with adequate staffing levels.

The officers also are seeking three-grade pay increases — corrections officials have acknowledged higher pay would help with hiring and retention of workers. But their pay rates are set by state civil service rules and the corrections department countered that would be under the purview of that agency; the review process for pay increases, however, could be expedited.

Any employees who were told their absences were considered a resignation — or have been terminated — would be allowed to return to full duty without discipline.

Seven inmates have died during the strike, including a 22-year-old man serving a five-year sentence for weapons possession who died after he was subjected to physical force by members of a Correctional Emergency Response team at Mid-State Correctional Facility in Oneida County on Saturday. His death is being treated as a homicide and is under investigation by State Police.

The death of Messiah Nantwi prompted the second homicide investigation in less than four months in which correction officers are under scrutiny for their use of physical force involving the death of an inmate. On Dec. 9, 43-year-old Robert L. Brooks was beaten to death by correction officers at Marcy Correctional Facility, which is next door to Mid-State in Oneida County.

Thirteen correction officers are facing criminal charges in Brooks’ death, including six who have been charged with murder, three charged with manslaughter and one charged with tampering with evidence. Another three officers have agreed to plead guilty to reduced charges and cooperate in that investigation, according to Onondaga County District Attorney William J. Fitzpatrick, whose office is handling the homicide case as a special prosecutor.

The state attorney general’s office is empowered under state law to investigate — and if warranted prosecute — criminal cases in which civilians die during encounters with law enforcement officers, including correction officers. On Thursday afternoon, the attorney general’s office posted on its website its decision to ask a judge to appoint Fitzpatrick as a special prosecutor in the investigation of the death of Nantwi. A judge granted the request earlier in the day.

Top photo: Correction officers at Clinton Correctional Facility in Dannemora were voting on Thursday on a new labor offer. Times Union article photo.