Justice Anthony Parga
Defendants moved for a declaration that an agreement between the Police Benevolent Association (PBA), and Nassau County, and the Nassau County Police Department (NCPD) was invalid and unenforceable. The PBA cross-moved for an order declaring the agreement and all of its terms were valid and enforceable. In a prior July 19, 2013 decision, the court held the county charter vested the power to discipline NCPD members exclusively within the Commissioner of Police, ruling the county legislature’s attempt to divest the commissioner of a portion of that disciplinary authority by amending the county Administrative Code to permit binding arbitration of certain disciplinary matters was invalid, and the amendment was properly repealed. The Court of Appeals held that police discipline may not be a subject of collective bargaining under the Taylor Law when the legislature expressly committed disciplinary authority over a police department to local officials. Thus, based on such holding, the court ruled to the extent the agreement moved any of the power to discipline NCPD members from the commissioner, it was invalid and unenforceable, granting defendants’ motion.
