Senator Sue Serino Voted Against 50-a Repeal For Police Record Transparency, And The Beacon PBA's (Police Union) Position

Governor Cuomo signed the repeal of 50-a, which now allows for transparency of prior disciplinary records of law enforcement officers. Records can be acquired through a FOIL (Freedom Of Information Law) request. The repeal was part of a broader 'Say Their Name' reform agenda to reduce inequality and reimagine the state's criminal justice system.

The shielding law was originally passed in 1976. Since then, it has been fought against by “advocates, including New Yorkers United for Justice, and legal organizations such as the Legal Aid Society and the New York Civil Liberties Union, have pushed for the repeal of 50-a in the name of transparency,” according The Daily News.

According to the press released issued by Governor Cuomo’s office: “Section 50-a of the New York State Civil Rights Law creates a special right of privacy for the personnel records of police officers, correction officers, and firefighters and paramedics employed by the State or political subdivisions. The current law prevents access to both records of the disciplinary proceedings themselves and the recommendations or outcomes of those proceedings, leading to records of complaints or findings of law enforcement misconduct that did not result in criminal charges against an officer almost entirely inaccessible to the public.”

The vote was passed down party lines, with all Democrats voting for, and all Republicans voting against, including Senator Sue Serino, whose senate district includes the Highlands. As reported in the Highlands Current, she explained: “In a statement on Thursday, Serino said she could not ‘in good faith’ vote to repeal 50-a. While there must be ‘zero tolerance for police brutality, racism, hate or violence,’ she said the bill ‘goes too far in allowing for the release of false accusations, unfounded and unsubstantiated claims.’”

While that possibility exists, reports are made public about citizens who are involved in a dispute, or medical professionals who have their licenses revoked for misconduct, whether made vengefully or not. To have zero indication about someone’s behavior, who has the right to behave physically against your person to to speak rudely to your person, seems like a mis-match. To not be able to learn how it was judged by a review board or investigation does not help anyone who wants to learn more about someone who has a powerful physical and emotional advantage over them - by law.

Senator Anna Kaplan (Monahemi) explained why she voted in favor of repealing 50-a. Senator Kaplan is the first “Iranian-American to be elected to either of New York state's legislative chambers, and she is the first former political refugee to serve in the New York Senate, according to Wikipedia:

 

“I came to this country as a 13 year old girl fleeing the revolution that had overtaken the only home I had ever known because my family, and people like us, were no longer welcome or safe in our own communities. While I can’t compare my experience to that of African Americans living in this country, the emotions on display in recent protests throughout our community resonate with me in a deeply personal way. Being raised in that environment also gave me a profound appreciation for our country’s founding principles that we are all equal in the eyes of the law and none of us are above it, and that all public officials be transparent and accountable to the public they serve.

”When 50-a was enacted decades ago, it carved out our Police and a select few public servants from the same rules and responsibilities that all who serve the public in New York State are accountable to, myself included as an elected official. We place an enormous amount of trust in our law enforcement community to wield enormous power on our behalf, but the public is right to demand an ability to “trust, but verify.” Doing so isn’t an attack on the good work of the vast majority of our law enforcement community who puts on a uniform every day to protect and serve with honor and courage…

“With tensions in many communities beyond the breaking point, now is the time to take meaningful steps to develop a durable relationship of trust between law enforcement and the communities they serve, and the only way we do that is by being open and honest with each other. I believe by repealing 50-a, we are taking that first step together towards a safer community for everyone.”

 

During the research for this article, A Little Beacon Blog discovered that police unions, Patrolman’s Benevolent Associations (PBA), tended to not favor the repeal either. We reached out to Beacon’s PBA for comment, and received the following response from Mike Confield, Beacon PBA Vice President:

 

The Beacon PBA disagrees with the Governor’s signing of the repeal of 50-a. We feel that the state legislature and the governor passed and signed this bill without taking the necessary time to properly weigh the pros and cons of releasing officers disciplinary records. The potential release of a disciplinary investigation report, especially when it is unfounded of any wrong doing can still damage the reputation of not only the officer involved, but the department and municipality. We also believe that when an officer needs testify at a trial from now on, the trial focus will move from the defendant to the officer. Therefore attempting to slander the officers name enough so a potentially dangerous criminal can walk and cause more damage to the innocent public.

We also feel that rushing this repeal may cause confidential and personal information to be released that has potential to make good officers, good people and our families subject to targeted harassment and violence.

- Mike Confield, Beacon PBA Vice President,
on behalf of the PBA

 

The bill was sponsored by Jamaal T. Bailey, and co-sponsored by Luis R. Sepúlveda, Alessandra Biaggi, Brian A. Benjamin, and Neil D. Breslin.

The New York Post pointed out here and here that several Republican senators are not seeking reelection next term, including “Sens. John Flanagan, Michael Razenhofer of Buffalo, Betty Little of Queensbury, George Amedore of Kingston and freshman Bob Antonacci of Syracuse. Sen Chris Jacobs (R-Buffalo) is also on his way out, as he’s seeking the vacant seat of disgraced US Rep. Chris Collins in Congressional District 27.”

Newburgh-Beacon Bridge At Risk For Toll Increases and Declining Repair, Area Lawmakers Say Of Proposed Merger

Photo Credit: Katie Hellmuth Martin

Photo Credit: Katie Hellmuth Martin

Do you ever think about who manages the Newburgh-Beacon Bridge as you pass by it, or pay its tolls? Hudson Valley lawmakers and area leaders are up in arms about a potential management switch proposed by Governor Andrew Cuomo in his budget, released in January 2020, to merge the New York State Bridge Authority into the New York State Thruway Authority. What's the main difference? One deals with Hudson Valley local bridges.

The Assembly and Senate are fighting to have the proposed merger taken out of the budget. The deadline for the final budget is April 1, 2020.
— Assemblymember Jonathan G. Jacobson's Office

Assemblymember Jonathan G. Jacobson (D-104) organized a rally on February 20, 2020, bringing together Assemblymember Sandy Galef (D-95) and other area leaders to express their opposition to Governor Cuomo’s proposed merger of the New York State Bridge Authority into the New York State Thruway Authority, which could impact tolls and improvements made to the Newburgh-Beacon Bridge. Leaders expressed their fears that residents of the Hudson Valley would suffer from toll increases and a decline in bridge maintenance should this merger happen, according to Assemblymember Jacobson's press release.

According to Assemblymember Jacobson’s office, “The Assembly and Senate are fighting to have the proposed merger taken out of the budget. The deadline for the final budget is April 1, 2020.”

Anthony Adamo, President of the Civil Service Employees Association (CSEA), said, “The hardworking men and women who work every day to keep the bridges safe and well-maintained should not be sacrificed for a bureaucratic plan hatched in Albany.”

To date, no-one has been able to give us a concrete answer as to how much—if any—money this proposed consolidation may actually save New Yorkers.
— Senetor Sue Serino

Established in the 1930s, the Bridge Authority is responsible for the Rip Van Winkle Bridge, the Kingston-Rhinecliff Bridge, the Mid-Hudson Bridge, the Newburgh-Beacon Bridge, and the Bear Mountain Bridge. Tolls are kept the same for each bridge and are currently $1.25 with EZ-PASS and $1.50 cash. The proposed 2020 increase to $1.65 EZ-PASS/$2.15 cash will still be the lowest in New York State. The Thruway Authority currently charges $4.75 to motorists crossing the Mario G. Cuomo Bridge (formerly known as the Tappan Zee Bridge) with a proposed 2020 increase to $5.75.

Assemblymember Didi Barrett (D-106) wrote to say, “This is a true case of ‘if it’s not broken, why fix it.’ The Bridge Authority was established in 1932 by Governor Franklin D. Roosevelt to ensure smooth and affordable travel across the Hudson River and to keep these bridges independent and locally operated. Tens of thousands of residents use these bridges each day as local roads, not highways, and the Governor's proposal threatens to change that dynamic. Abolishing the Bridge Authority runs a real risk of increased tolls for drivers and a seriously negative impact on our Hudson Valley economy and communities.”

Assemblymember Jacobson said, “The proposed plan is nothing more than a solution in search of a problem. This merger would have a detrimental impact on both the economy and the overall quality of life in this region. Our fear is simple:

  • First, that tolls generated in the Hudson Valley will be diverted to fund the new Mario M. Cuomo Bridge.

  • Second, that the Thruway Authority will raise tolls on these bridges while simultaneously allowing their condition to deteriorate.

"This merger is unnecessary, ill advised, and unfair. It is also just plain wrong. Wrong for the bridges, wrong for the communities, and wrong for the residents of the Hudson Valley,” Assemblymember Jacobson said.

State lawmakers and leaders made their statements in front of the Bridge Authority Headquarters in Highland, where they were joined by:

  • Anthony Adamo, President of the Civil Service Employees Association (CSEA)

  • Richard Gerentine, Chair of the Bridge Authority Board

  • Frank Castella, President of the Dutchess County Chamber of Commerce

  • Senator Sue Serino

  • Representatives of Rep. Sean Patrick Maloney and Assemblymember Kevin Cahill

  • Town of Lloyd Board Member Mike Guerriero

  • Bridge Authority Board members Roger Higgins, Roderick Dressel, Diane Jablonski, and Henry Stanton.

The Bridge Authority was established in 1932 by Governor Franklin D. Roosevelt to ensure smooth and affordable travel across the Hudson River and to keep these bridges independent and locally operated. Tens of thousands of residents use these bridges each day as local roads, not highways, and the Governor’s proposal threatens to change that dynamic.
— Assemblymember Didi Barrett

Richard Gerentine, Chair of the Bridge Authority, said, “The Bridge Authority is run by a board of local volunteers who have always championed efficiency, maintenance, and safety. We already collaborate with the State to find savings on purchases, so there is nothing to be gained and everything to lose.”

Assemblymember Aileen Gunther (D-100) wrote to say, “We need to be keeping our money in the Hudson Valley. The Bridge Authority is one of those avenues that allows us to keep our money local. We shouldn’t be fixing something that isn’t broken.”

Senator Serino (R-41) said, “Our communities have always been wary of mega-authorities because of our experience with the MTA, a situation where our community is barely given a voice and where our residents are treated as nothing more than a piggybank and an afterthought. To date, no one has been able to give us a concrete answer as to how much—if any—money this proposed consolidation may actually save New Yorkers. We also have not gotten guarantees that the tolls on our bridges won't rise, or that tolls paid on our bridges won’t ultimately be used to subsidize the Thruway, or that these local jobs our residents depend on would be protected. Additionally, I do not see any reason why the two Authorities can't already share services to keep costs down... I have yet to see how this proposal would directly benefit the residents that we serve, which is why I am urging my Legislative colleagues to reject this proposal."

Assemblymember Galef said, “The Bridge Authority has, for decades, successfully ensured that the five major bridges in the Hudson Valley region remain safe and usable, and they have done so for decades while keeping costs low. These bridges have, in turn, allowed Hudson Valley residents to easily cross the Hudson River to work, shop, and [take part in] a great many other activities that have stimulated our local economies. I fear that by dissolving this Authority, constituents that live and work in the Great Hudson Valley region will experience higher tolls and a potential decline in road conditions.”

Assemblymember Kevin Cahill (D-103) added: "The Bridge Authority works and works well. The Thruway Authority works and works well. Both are highly efficient operations."