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NYS DOCCS Memo February 20

Commissioner Daniel F. Martuscello III issued a memo outlining steps to restore workforce safety in New York's correctional facilities following Governor Hochul's Executive Order deploying the National Guard. Key actions include suspending certain HALT legislation elements, providing overtime compensation, and encouraging employees to return to work without fear of discipline. The memo emphasizes the importance of safety for both staff and the incarcerated population during the ongoing staffing crisis.

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Anthony Reyes
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10K views2 pages

NYS DOCCS Memo February 20

Commissioner Daniel F. Martuscello III issued a memo outlining steps to restore workforce safety in New York's correctional facilities following Governor Hochul's Executive Order deploying the National Guard. Key actions include suspending certain HALT legislation elements, providing overtime compensation, and encouraging employees to return to work without fear of discipline. The memo emphasizes the importance of safety for both staff and the incarcerated population during the ongoing staffing crisis.

Uploaded by

Anthony Reyes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Commissioner Daniel F.

Martuscello III just issued the memo, “Path to Restoring


Workforce”, to all DOCCS Superintendents following the Governor’s signing the
Executive Order authorizing the deployment of the National Guard to ensure the safety
and security of New York’s correctional facilities.

MEMORANDUM

TO: All Superintendents

FROM: Daniel F. Martuscello III, Commissioner

SUBJECT: Path to Restoring Workforce

DATE: February 20, 2025

Yesterday, Governor Hochul signed an Executive Order [governor.ny.gov] that


authorized the National Guard to be deployed to help ensure the safety and security of
New York State's correctional facilities. This Order also provides authority for additional
overtime compensation for correction officers and other staff who are reporting for duty
and actively working to secure our facilities.

In addition to the Executive Order, the Department will take the following steps:

• The provisions of the HALT legislation permit temporary suspension of specific


elements of HALT under “exceptional circumstances” where these circumstances
“create a significant and unreasonable risk to the safety and security of other
incarcerated persons, staff or the facility.”

Accordingly, we are suspending the elements of HALT that cannot safely be


operationalized under a prison wide state of emergency until we can safely operate the
prisons.
• 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
We will continue to work with NYSCOPBA President Summers and his Executive Board
through the agreed upon mediation process to address our ongoing recruitment,
retention and overall safety issues, as well as the legislature and other
stakeholders. The safety and security of the staff and incarcerated population is
paramount to me. I value the hard work and commitment of the men and women at
DOCCS who have had to sacrifice time with their families due to the current staffing
shortage. At this time, I am urging all those on strike to return to the facilities today in
order to restore the safety and security to our facilities.

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