By MARK TOOR | Posted: Monday, February 25, 2013 5:00 pm

Nassau County cannot unilaterally restrict its Correction Officers from participating in shift swaps that occur more than three months apart, the Public Employment Relations Board ruled in a decision that the union’s lawyer said could signal a change in the way management-rights clauses are interpreted.

For more than 20 years, the county had a written policy allowing officers of the same rank to exchange shifts so they could work out preferred days off. But early in 2011, the county ordered that such shifts could not be separated by more than three months. An Administrative Law Judge found for the county, but the union appealed to the full board, which reversed the ruling Feb. 5.

‘Better for Agency, Too’

“Allowing Correction Officers to perform voluntary shift exchanges with other officers, and not limiting them to a short three-month-window period, frees up the officer to schedule more time off to spend with his family and loved ones throughout the year,” said John Jaronczyk, president of the Nassau County Sheriff’s Correction Officers Benevolent Association. “This is a huge morale boost for the COs, and it actually is a cost savings to the department since the officers are arranging their own shift exchanges, saving the Sheriff from having to pay costly overtime to replace the officer.”

An attorney for the union, Liam Castro of Isaacs, Devasia, Castro & Wien LLP, said this was a major victory for the union.

First, he said in an interview, “PERB overruled its own Administrative Law Judge, which I think is always remarkable.”

Second, he said, the board went against a trend in which management-rights clauses are interpreted broadly to give managers more power. The county argued that because the contract included no language on shift exchanges, and swapping of shifts is a mandatory subject for negotiation, the union had no right to object to the new restrictions.

‘A Clear Distinction’

But according to the PERB ruling, when the management-rights clause is read in conjunction with other language concerning shifts, “it is not reasonably clear that the management-rights section was intended to apply to employee shifts or shift exchanges between [union] employees. To the contrary, the agreement demonstrates that the parties have drawn a clear distinction between the county’s right to regulate work schedules and the applicable procedures and rights relating to employee shifts.”

PERB decided that in the absence of clearer language, the county could not make changes that touch on a mandatory subject of bargaining without negotiating with the union.

“The management-rights clause has been read more broadly than it should have been in other cases,” Mr. Castro said. “The Administrative Law Judge’s ruling is an example of this…We think this decision is the beginning of stopping that.”

“The county is appealing PERB’s decision,” said Elizabeth J. Loconsolo, a spokeswoman for the Nassau County Correctional Center. The appeal will be handled by State Supreme Court.

Mr. Jaronczyk said morale among COs “is at an all-time low.” He told THE CHIEF-LEADER this was because the state control board overseeing Nassau County’s finances had frozen public employees’ salaries since 2011, meaning some COs hired around that time have been stuck at $30,000. A Federal Judge recently ruled in a suit filed by three police unions that the control board did not have the authority to freeze wages, but he stayed any change in pay until the county could appeal.

By MARK TOOR

The head of the Correction Officers Benevolent Association expressed outrage last week over the $2-million bail set by a Criminal Court Judge for a CO charged with shooting his girlfriend’s ex-boyfriend.

“Never in my 20-plus years in law enforcement have I ever seen or witnessed such an outrageous miscarriage of justice in administering bail for someone accused of a crime who is a law-enforcement officer, sworn to uphold the Constitution of the State of New York,” said COBA President Norman Seabrook.

Wants Cuomo Involved

He called for action from Governor Cuomo, State Chief Judge Jonathan Lippman and Brooklyn District Attorney Charles J. Hynes.

Dale Moore, 32, who has worked for the Department of Correction for four years, was charged with attempted murder and first-degree assault after the shooting, which occurred while he was off-duty around 1 p.m. Jan. 8 in East Flatbush, Brooklyn. Some news reports characterized the situation as a love triangle.

Mr. Moore was riding in a Mercedes with his girlfriend, Correction Capt. Shalonda Smith, 36, when they encountered her former boyfriend, Kai Gates, 34, in his Cadillac SUV, according to reports. All three got out of their cars. A law-enforcement source told the New York Post that Mr. Moore warned Mr. Gates, “Don’t come any closer!” When he continued to move forward, Mr. Moore allegedly shot him twice. Authorities said Mr. Gates was unarmed. He remained hospitalized last week.

Correction Officers are permitted to carry guns but may not wear them in the jails.

Judge Sharen D. Hudson set bail at Mr. Moore’s arraignment. She was elected to Kings County Civil Court in 2011. Under the law, bail is not supposed to be a punishment for the accusation of a crime, but merely a way of ensuring that the defendant shows up in court.

Why It’s Excessive

Mr. Seabrook noted that Mr. Moore had “no criminal history, no criminal convictions, has ties to the community, was born and bred here and is authorized under the Constitution of the State of New York to possess a weapon and to protect himself after dealing with some of the most-violent individuals in the jail system, acting in self-defense and fearing for the security of his life and everyone around him.”

“A typical bail in these circumstances would be around $100,000,” said Michelle Esquenazi, president of the New York Association of Bail Bond Agents. She said that to get out of jail on $2 million bail a defendant would have to pay a bail bondsman a non-refundable fee of $150,000.

Mr. Seabrook said, “Every single day we witness these teenage terrorists who hold our communities, families and friends hostage with their illegal weapons and their disregard for public safety, including Correction Officers, EMS officers and you, the public. Yet the bail amount for these terrorists is set at a minimal amount of money, thereby enabling them to continue to destroy our city… If you count all the dead, innocent children who have been shot by their assailants in the city over the last year, those bail amounts don’t add up to $2 million.”

Calls for Special Judge

He called for Judge Hudson to be reprimanded. But that’s not all, he said, adding, “We are calling on Governor Cuomo and Chief Judge Jonathan Lippman to appoint an independent judge to deal with any further cases involving law-enforcement officers.”

David Bookstaver, a spokesman for the state Office of Court Administration, responded, “That suggestion implies that somehow law-enforcement officers should get special treatment when charged with a crime. The concept simply doesn’t make sense.”

Mr. Seabrook continued, “I’m also calling on DA Charles J. Hynes to re-evaluate the Assistant District Attorneys in his office on cases where Correction Officers are allegedly accused of a crime.”

Mr. Hynes responded, “In all cases involving homicide we oppose bail and request a remand. In this case when the defendant was arraigned, the unarmed victim, who according to three witnesses was shot twice by the defendant, was not expected to live. Our application for remand under these circumstances was completely appropriate. Judge Hudson refused our request and set $2-million bail.

“We have been informed that the victim’s condition has changed and he is likely to live. I would assume that the defendant’s attorney will make an application to review the bail conditions and at that time we will take a position on bail that we deem appropriate.”

UPDATE: New Judge Cuts Bail to $150,000

A second judge reduced bail for Correction Officer Dale Moore from $2 million to $150,000. More than 60 members of the Correction Officers Benevolent Association showed up in the courtroom at the hearing Jan. 11 to demonstrate support for Mr. Moore.

“This was the right decision that Kings County State Supreme Court Judge Sheryl L. Parker ordered in this matter,” COBA President Norman Seabrook said after the ruling. “As you have often heard me say—and it is an indisputable fact—even accused terrorists do not get slapped with a $2-million bail. This should never have happened in the first place.”

He commended Justice Parker for “her reasonable approach to the law” and thanked Mr. Moore’s attorney, Steven Isaacs of Isaacs, Devasia, Castro & Wien LLP.

THE CHIEF-LEADER COBA Head Furious Over High Bail Set For CO in Shooting
Posted: Monday, January 14, 2013 5:00 pm | Updated: 10:17 am, Tue Jan 15, 2013.

By MARK TOOR

The head of the Correction Officers Benevolent Association expressed outrage last week over the $2-million bail set by a Criminal Court Judge for a CO charged with shooting his girlfriend’s ex-boyfriend.

“Never in my 20-plus years in law enforcement have I ever seen or witnessed such an outrageous miscarriage of justice in administering bail for someone accused of a crime who is a law-enforcement officer, sworn to uphold the Constitution of the State of New York,” said COBA President Norman Seabrook.

Wants Cuomo Involved

He called for action from Governor Cuomo, State Chief Judge Jonathan Lippman and Brooklyn District Attorney Charles J. Hynes.

Dale Moore, 32, who has worked for the Department of Correction for four years, was charged with attempted murder and first-degree assault after the shooting, which occurred while he was off-duty around 1 p.m. Jan. 8 in East Flatbush, Brooklyn. Some news reports characterized the situation as a love triangle.

Mr. Moore was riding in a Mercedes with his girlfriend, Correction Capt. Shalonda Smith, 36, when they encountered her former boyfriend, Kai Gates, 34, in his Cadillac SUV, according to reports. All three got out of their cars. A law-enforcement source told the New York Post that Mr. Moore warned Mr. Gates, “Don’t come any closer!” When he continued to move forward, Mr. Moore allegedly shot him twice. Authorities said Mr. Gates was unarmed. He remained hospitalized last week.

Correction Officers are permitted to carry guns but may not wear them in the jails.

Judge Sharen D. Hudson set bail at Mr. Moore’s arraignment. She was elected to Kings County Civil Court in 2011. Under the law, bail is not supposed to be a punishment for the accusation of a crime, but merely a way of ensuring that the defendant shows up in court.

Why It’s Excessive

Mr. Seabrook noted that Mr. Moore had “no criminal history, no criminal convictions, has ties to the community, was born and bred here and is authorized under the Constitution of the State of New York to possess a weapon and to protect himself after dealing with some of the most-violent individuals in the jail system, acting in self-defense and fearing for the security of his life and everyone around him.”

“A typical bail in these circumstances would be around $100,000,” said Michelle Esquenazi, president of the New York Association of Bail Bond Agents. She said that to get out of jail on $2 million bail a defendant would have to pay a bail bondsman a non-refundable fee of $150,000.

Mr. Seabrook said, “Every single day we witness these teenage terrorists who hold our communities, families and friends hostage with their illegal weapons and their disregard for public safety, including Correction Officers, EMS officers and you, the public. Yet the bail amount for these terrorists is set at a minimal amount of money, thereby enabling them to continue to destroy our city… If you count all the dead, innocent children who have been shot by their assailants in the city over the last year, those bail amounts don’t add up to $2 million.”

Calls for Special Judge

He called for Judge Hudson to be reprimanded. But that’s not all, he said, adding, “We are calling on Governor Cuomo and Chief Judge Jonathan Lippman to appoint an independent judge to deal with any further cases involving law-enforcement officers.”

David Bookstaver, a spokesman for the state Office of Court Administration, responded, “That suggestion implies that somehow law-enforcement officers should get special treatment when charged with a crime. The concept simply doesn’t make sense.”

Mr. Seabrook continued, “I’m also calling on DA Charles J. Hynes to re-evaluate the Assistant District Attorneys in his office on cases where Correction Officers are allegedly accused of a crime.”

Mr. Hynes responded, “In all cases involving homicide we oppose bail and request a remand. In this case when the defendant was arraigned, the unarmed victim, who according to three witnesses was shot twice by the defendant, was not expected to live. Our application for remand under these circumstances was completely appropriate. Judge Hudson refused our request and set $2-million bail.

“We have been informed that the victim’s condition has changed and he is likely to live. I would assume that the defendant’s attorney will make an application to review the bail conditions and at that time we will take a position on bail that we deem appropriate.”

UPDATE: New Judge Cuts Bail to $150,000

A second judge reduced bail for Correction Officer Dale Moore from $2 million to $150,000. More than 60 members of the Correction Officers Benevolent Association showed up in the courtroom at the hearing Jan. 11 to demonstrate support for Mr. Moore.

“This was the right decision that Kings County State Supreme Court Judge Sheryl L. Parker ordered in this matter,” COBA President Norman Seabrook said after the ruling. “As you have often heard me say—and it is an indisputable fact—even accused terrorists do not get slapped with a $2-million bail. This should never have happened in the first place.”

He commended Justice Parker for “her reasonable approach to the law” and thanked Mr. Moore’s attorney, Steven Isaacs of Isaacs, Devasia, Castro & Wien LLP.

Brazilian construction worker received compensation of $ 6.5 million in US

The accident occurred on January 26th, 2009, when M.V. settled wooden boards (plywood) on top of a 14 feet high ladder, in Long Island, NY

After crossing the Mexican border illegally eight years ago, the Brazilian immigrant M.V., who asked not to be identified, 42 years old, married, a native of the Vale do Rio Doce (MG), Brazil, residing in Newark (NJ), had his life again exposed to danger. On January 26th, 2009, when he was installing wooden boards (plywood) on top of a 14 feet tall ladder, strong winds pushed the board and threw him violently to the ground. The accident occurred during the construction of a house in the region of Long Island (NY).

After being treated by a rescue team, M.V. spent 8 months fighting for his life at the Mount Sinai Hospital in New York City. After 2 and half months in a coma, he was told by doctors that he had fractured his spine in several places, and thus losing the movement waist down. Once out of the hospital, he received medical care at the Physical Therapy and Rehabilitation Center in Livingston (NJ).

After more than two years fighting in the courts, M.V., represented by the law firm of Isaacs, Devasia, Castro & Wien LLP, based in Manhattan (NY), on September 29th, made a legal agreement with the insurers of the two contractors responsible for the construction and received the compensation of US$ 6.5 million. Certainly, that amount does not restore his health, but surely will ensure a comfortable and secure future for M.V. and his family in Brazil.

The also Brazilian, Ailton de Souza, representative of Isaacs, Devasia, Castro & Wien LLP in Brazil and USA, stressed the importance of consulting with qualified professionals citing an accident involving the same insurer. According Ailton, another worker also suffered an accident similar and fractured his spine, becoming quadriplegic (lost movement from the neck down). However, during the negotiations, his lawyers, who were not associated with the Isaacs, Devasia, Castro & Wien LLP, won the compensation of just US$ 1 million.

“It is very important to have a qualified professional who really fight for your rights, because it can make a big difference in the end,” said Souza.

After receiving M. V. compensation, M.V. plans to return to Brazil soon and take up residence in Governador Valadares (MG), where he will be closer to hospitals and medical services and also universities for his youngest daughter of 16 years old. Currently, he moves around with the aid of a wheelchair.

Do you have a family member who has recently been injured due to accident at work, car, subway or bus? Suffered physical harm resulting from medical errors and hospital negligence? If you need legal representation for these and other cases, call (973) 766-4792, (973) 551-5562 or (917) 551-1326 and contact a representative of Isaacs, Devasia, Castro & Wien LLP at no cost, unless you win the case or have an agreement made with the parties involved. Visit the website, in Portuguese: p.idcwlaw.com.