Photo by Howard Owens
An executive order drafted by Gov. Kathy Hochul banning the hiring of Department of Corrections employees, in tandem with the difficulties Genesee County has already experienced in filling corrections officer vacancies for the new, larger county jail, has made the going anything but smooth, Legislator Gary Maha says.
“This executive order that she issued back on March 10 certainly creates a bump in the road, so to speak,” Maha said during Monday’s Public Service meeting. “The executive order does, right now, expire April 9, but she could extend that. I think she can make that permanent, too, if she desires … so I think we should go ahead and establish this resolution. There are a number of counties jumping on board with this issue and expressing concern with the governor as to the executive order.
What we feel is it’s a violation of our home rule telling us what we can do, what we can’t do, and in addition to that, it creates issues with us hiring county CO’s when we need them.”
Hochul’s order was in response to the recent three-week, unsanctioned strike by New York State corrections officers to protest conditions they claimed were harmful to their safety. The state fired some 2,000 of the officers, and the governor issued an order blocking them from obtaining jobs at other state agencies.
During Monday’s meeting, Maha — who drafted a resolution with Legislative Chairwoman Shelley Stein — introduced the statement for consideration and vote by the full Legislature at its next meeting on March 26. Stein said that, in talking to state Assemblyman Steve Hawley, he suggested that a speedier measure would be to also send a similarly worded letter now and follow up with the official resolution next week.
Public Service Committee members agreed. The resolution states that Hochul’s order “suspends various laws, preventing local authorities from hiring or promoting correctional officers involved in the strike, despite local discretion in such matters” and has raised concerns about state overreach, undermining local control.
There has been “significant opposition from local officials, including members of the Genesee County Legislature, who believe it unfairly penalizes officers and their families without proper consideration of individual cases,” the resolution states.
The goal is to urge Hochul to “reconsider the impact of this order on local control and fairness in employment decisions.”
“I think it’s well done, and her overreaching power is terrible,” Legislator John Deleo said. “And to your point, there’s a lot of good people there, and they’re already well-trained; they know how to deescalate problems, and I think we could use these people, and to handcuff us so that we can’t, it’s just appalling.”
Legislator Christian Yunker agreed, emphasizing that “this is absolutely an overreach.”
“It's vindictive. We have a lot of residents here in this county, there are corrections officers that are state corrections officers that are hurting, and it's twofold for us, because we're also trying to hire corrections officers,” Yunker said. “So we absolutely need to support this opposition. Thank you for the work.”
Chad Klotzbach added that they, as legislators, are “supposed to keep the heat on” to let Hochul know what their position is and not let up.
Hochul needs to know “we don’t appreciate this type of interference,” Legislator Marianne Clattenburg said.
After the meeting, Maha said the resolution was reviewed and approved by County Attorney Mark Boylan. While it’s speculated to be potentially unlawful, county officials certainly believe it’s “an overreach on her part,” Maha said.
“She has no authority to supersede home rule. We don't know what's going to happen on April 9, but several counties are threatening a lawsuit because they feel it's illegal … if we get to that point, and hopefully, maybe it'll be a class action suit if all counties will get involved with it,” he said. “We don't know yet. It's just in the infancy stages, but right now, we want to start with a letter and a resolution of objecting to her executive order, that part of it dealing with, you know, preventing counties and hiring these fired COs.”
He spoke with the jail superintendent, who said that a couple of state COs had applied for jobs, but Maha isn’t sure what happened with them. The need is there — with at least 10 additional positions added with the new jail opening in late 2024 and a continuous “fluid” status of vacancies, County Manager Matt Landers said.
“I feel like they’re interviewing every day over there for positions now, between the road patrol and the COs, and then there’s usually always an opening over in the dispatch center as well. It fluctuates daily,” Landers said. “Corrections officer is a high-stress job, plus when we’re in the midst of, we had 10 new positions that were created in the 2025 budget, you throw that on top of it, it’s definitely a lot of interviewing going on right now.”
