PBA mulling legal action, sources say
The New York Daily News by Rocco Parascandola - November 15, 2011
Three NYPD cops indicted in the ticket-fixing scandal have been stripped of their union privileges by the city, likely setting the stage for a court clash, sources said Monday. Officers Joe Anthony, Mike Hernandez and Brian McGuckin are Bronx trustees for the Patrolmen’s Benevolent Association, meaning they work full-time as union officials and are excused from police duty. But their “release time,” as it’s called, was recently removed by Office of Labor Relations Commissioner James Hanley, who notified PBA President Pat Lynch in a letter, “It’s rare, but it has happened before,” mayoral spokesman Marc LaVorgna said. “You have to be in good standing, and obviously these three are not in good standing. “They are suspended, they’re coming back to modified duty -- and they’re indicted.” Lynch turned down an offer to name three other union officials to serve as trustees. "It is our position that we are entitled to these excusals by law and can employ them in the manner the union designates,” Lynch said. “The presumption of innocence that allows police officers to remain members of the NYPD should also allow them to continue to serve the police officers who elected them.” Hanley and PBA President Pat Lynch have repeatedly butted heads over contentious contract negotiations. But LaVorgna said Hanley’s decision is nothing personal and that officials from other unions have lost their privileges during criminal probes. Sources said the PBA is mulling legal action. Hanley had no comment. The trustees are three of 16 cops charged in the scandal. Sources said lawyers for the cops intend to focus on the validity of the wiretaps at the heart of the prosecution’s case. Documents obtained by the News show that the Internal Affairs investigators were given strict instructions about monitoring phone calls. Investigators were told, for instance, that they had to determine within two minutes if the parties were discussing ticket-fixing or other crime -- or whether the call was personal. For personal calls, investigators were told to stop listening. With Reuven Blau - rparascandola@nydailynews.com
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