Three Patrolmen’s Benevolent Association officials who were indicted in the Bronx ticket-fixing scandal cannot be paid for union duties while they are under investigation for criminal conduct, an appeals panel has ruled.
Tuesday’s Appellate Division ruling overturned a lower court decision by Manhattan Supreme Court Justice Joan Lobis that allowed them to keep the paid time off benefit.
The PBA and Officers Joseph Anthony, Brian McGuckin and Michael Hernandez sued the city in 2011, claiming it could not take away their “release time” until they were convicted.
In a split decision, three of the four judges on the appeals panel wrote that the rescission of the benefits was valid because the charges of grand larceny, official misconduct and tampering with public records meant that the officers “did not at all times conduct themselves in a responsible manner.”
In her dissent Justice Judith J Gische said that no guilty verdict had been rendered and the city could not “unilaterally” revoke the benefits.
PBA President Patrick Lynch said in a statement that the union is reviewing its options. He added “we believe we will prevail” in the dispute.
The decision means that the officers will likely have to return to non-union work at a police precinct, a source said.
They were at first suspended without pay for 30 days and then placed on modified duty after the October 2011 grand jury indictment.
Their criminal case is still pending. A judge ruled against a motion to dismiss the case last month. The next court date is in February.
As elected Bronx union trustee the three have been working full time for the PBA, representing borough cops who are themselves being probed by internal affairs, are injured or who need help navigating insurance.
A spokeswoman for the city’s law department said, “We are pleased with the court’s decision.”
Additional reporting by Kirstan Conley