"Disciplinary Powers of Proposed Police Accountability Board" legal opinion from Harris Beach, PLLC (May 3, 2018)
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Below is the PDF of the Harris Beach legal opinion, solicited by Rochester City Council, regarding the question of "May the proposed PAB be legally empowered to discipline police officers of the Rochester Police Department?"
The opinion was dated May 3, 2018. The Corporation Counsel for the City of Rochester issued his rebuttal on May 9, 2018. Both documents were attached to a statement released by Rochester City Council President Loretta Scott on June 21, 2018.
Re: Disciplinary Powers of Proposed Police Accountability Board
We have been asked to analyze and provide a reasoned legal opinion concerning the permissible powers of a proposed civilian Police Accountability Board ("PAB") on the subject of police officer discipline. On behalf of •the Rochester City Council (the "Council"), you have framed the relevant issue for the requested opinion as set forth below:
(i). May the proposed PAB be legally empowered to discipline police officers of the Rochester Police Department?
Item (i) shall be hereinafter referred to as the "Issue". We have not been asked to address any other related processes or address any potential need to enter into negotiations as to any existing Collective Bargaining Agreement between the City of Rochester and the Rochester Police Locust Club in order to effectuate the creation of the PAB or any delegation of authority thereto. Our opinion is limited to the Issue defined herein and as set forth above.
Conclusion
Based on our legal analysis, as set forth below, of the applicable N.Y. Civil Service Law provisions, as well as the pertinent provisions of the Charter and Code of the City of Rochester, relevant statutes and case law, we have concluded that the proposed PAB may be legally empowered to discipline police officers, provided that certain amendments are made to the Charter of the City of Rochester that delegate such authority to the PAB. The legal reasoning for the conclusion is set forth hereinafter.
