BUFFALO, N.Y. (WKBW) — The New York State Department of Corrections and Community Supervision issued a memo on a "Path to Restoring Workforce" as corrections officers continue to strike across the state.
It was issued Thursday afternoon to all DOCCS Superintendents as the strike over what officers claim are unsafe working conditions inside state prisons entered its fourth day.
In the memo, DOCCS Commissioner Daniel F. Martuscello III cites the executive order signed by Hochul on Wednesday activating members of the National Guard "to help ensure the safety and security of New York State's correctional facilities" while the strike continues.
According to the memo, the department will suspend "the elements of HALT that cannot safely be operationalized under a prison wide state of emergency until we can safely operate the prisons."
It then lists the following:
- Immediately rescind the “70/30” memorandum dated February 10, 2025, concerning Security Staffing Reviews
- Provide an overtime rate of 2.5 times the regular rate for employees who continue to work at correctional facilities across the state for the duration of the emergency as was authorized in the Executive Order and negotiated between NYSCOPBA and the state to be implemented by the Comptroller’s Office
- Not pursue discipline against any employees who immediately report to work today, before 11:59 pm, regardless of the employee’s schedule or shift, who were participating in the job action
- The National Guard will remain in place until which time we can stabilize the operations of the facilities and ensure the safety of officers returning to work, the incarcerated population and the surrounding communities
In the memo, Martuscello says in part that DOCCS will continue to work with NYSCOPBA (the union representing the officers), that the safety and security of the staff and incarcerated population is paramount to him and he urged all those on strike to return to the facilities on Thursday.
7 News reporter Derek Heid was outside Attica Correctional Facility Thursday afternoon and spoke to a former corrections officer about how the striking officers reacted to the memo.
“It made them more angry…there’s no temporary...that Halt Act has to be repealed…She could have an emergency meeting and repeal the whole act, or at least modify it so that the officers, if they’re getting assaulted, the inmate goes back to doing 30, 60, 100 days [in solitary confinement]…come to the table with the union, repeal or modify the Halt Act," said Richard Harcrow, a former corrections officer.
We also spoke to Kenny Gold, NYSCOPBA Western Region Vice President, who said there are two major things the union asked for in the meeting with the state that weren't met:
- Suspension of HALT — Gold said the way it was worded leaves it open for interpretation…Only partial suspension with no repercussions for bad behavior, makes it appear like it will be coming back on an undetermined day.
- 2 salary grade increase (for recruiting purposes) — They didn't ask for the overtime increase that was offered. There is no guarantee of how long that stays and it doesn't help with recruitment.
NYSCOPBA issued a statement on Thursday evening which said in part:
"We have been continuing to advocate with the State on your behalf regarding working conditions in our prisons. We have made our concerns and our demands for improvements very clear.
Today, DOCCS, in conjunction with Governor Hochul’s office, announced the following changes to DOCCS operations: (1) provisions of HALT will be suspended indefinitely due to the staffing crisis (NYSCOPBA will use mediation to help identify the most problematic provisions to be targeted first); (2) the National Guard will maintain its presence in all facilities indefinitely to ensure safety and staffing levels (which will allow staff to have a better work/life balance); (3) 2.5 OT for all OT worked by staff, including those who come back to work, for a minimum of 30 days (we are working to extend this further); (4) DOCCS will rescind the “70/30” memo; (5) those staff members who return to work by 11:59 pm today will not receive NODs for alleged participation in the strike (this does not include 2-for-1 fines, which we will address in mediation); and (6) the State will participate in mediation with NYSCOPBA to discuss and resolve outstanding issues facing our membership.
Although this does not address all our membership’s needs and concerns, we believe that this is a first step towards the operational changes that need to be made."
You can read the full memo below.
As corrections officers across New York continue to strike we will be posting any updates that become available on our website here.
