New York Metropolis officials filed an appeal in opposition to a New York state Supreme Courtroom choose’s ruling on Friday that they lacked the authority to hearth municipal police union members over noncompliance with COVID-19 vaccine mandates.
Choose Lyle E. Frank acknowledged that the vaccine mandate was lawful on the time it was issued, however mentioned the Division of Well being didn’t have the best to create an exclusion or impositions as a situation of employment, and that doing so would require negotiations between the union and the municipal company, also referred to as collective bargaining.
“To say that this court should read into the statute that enforcement of a vaccine mandate is enforceable by exclusion from the workplace, suspension, leave without pay, and ultimate termination would be a gross overstatement of the DOH commissioner’s powers,” Frank wrote in his ruling.
When the Police Benevolent Affiliation, the town’s largest police union, sued the town in October 2021, it sought an order from the courtroom that will cease the additional enforcement of the vaccine mandate and a declaration that the DOH was overreaching its powers. The PBA additionally sought the reinstatement of members who have been fired, plus again pay and damages.
The choose dominated within the PBA’s favor, together with the reinstatement of all officers who have been terminated for not following the COVID-19 vaccine necessities. Frank mentioned that the town overstepped its enforcement powers by firing or placing unvaccinated officers on go away. He mentioned the bounds didn’t lengthen previous financial sanctions.
“This decision confirms what we have said from the start: the vaccine mandate was an improper infringement on our members’ right to make personal medical decisions in consultation with their own health care professionals. We will continue to fight to protect those rights,” mentioned PBA President Patrick J. Lynch in an announcement following Frank’s determination on Friday.
The New York Metropolis Legislation Division instantly filed an appeal in opposition to the ruling.
The choice got here amid Mayor Eric Adams’ announcement earlier this week that the town would drop its vaccine mandates for personal firms on Nov. 1.