Correction officers union chief Benny Boscio has slammed the city’s attempt to convince a federal judge to appoint DOC Commissioner Lynelle Maginley-Liddie as receiver over New York jails.
In a statement to members, Boscio called Maginley-Liddie a “wolf in sheep’s clothing” for “constantly bending to the will of the [federal] monitor time and time again.”
Boscio, president of the Correction Officers Benevolent Association, wrote it is “disingenuous” for Magnley-Liddie to claim to part of the “Boldest” family while asking the court to give her power to change the union contract.
“The commissioner is pushing policies that will diminish our rights as union members rather than defend them, at a time when our members need the support of their commissioner and their agency the most,” Boscio writes.
The Correction Department press office did not immediately reply to a request for comment.
The letter was sparked by a flurry of court filings late Friday evening, in which lawyers representing the Justice Department and the interests of people held in the jails laid out their proposal for a receiver — a court-appointed official who would be granted broad powers to run the beleaguered jail system.
The city, meanwhile, proposed Maginley-Liddie act as both commissioner and “compliance director,” or the city’s version of a receiver. With those roles, the city proposed, she would serve both the mayor and the court over a five-year tenure, the filing said.
The filings came in Nunez v. the City of New York, a class action lawsuit on violence and staff use of excessive force in the jails filed in 2011. Four years later, it led to the appointment of the federal monitor empowered to closely track problems in the jails and offer recommendations to fix them.
Nearly a decade later, the plaintiffs argue, the jails remain so dangerous that control needs to be taken from the city’s hands. Last fall, Judge Laura Taylor Swain found the city in contempt of a range of court orders and directed the parties to file proposals for an independent receiver.
Lawyers for the plaintiffs say the receiver should be an “outside person” with the power to change DOC policies, run the disciplinary system, renegotiate union contracts, hire and fire staff and redeploy officers as necessary, the filing states.
The city’s filing calls for similar powers and claims giving Maginley-Liddie the dual post is the “most narrowly tailored, speedy and effective means” of fixing the jails. The Daily News first reported on Dec. 11 the city was backing Maginley-Liddie for the post.
But the plaintiffs immediately dismissed the proposal as “convoluted and confusing.” “The current Commissioner is obviously not an ‘outside person,’” they wrote.
“She has held top DOC leadership positions during a period when the jails became more violent and unsafe, DOC violated core provisions of the Nuñez orders, and DOC failed to ‘demonstrate’ diligent attempts to comply with the Contempt Provisions in a reasonable manner.’”
Overall, they wrote, the city’s proposal “does little more than preserve the status quo when … the Department of Correction is in need of transformational change.”
Meanwhile, last week, the city held a mandated hearing on the contract for the new borough jail for Manhattan to replace The Tombs, which is being demolished as part of the Close Rikers plan.
Under the timeline of the contract, the new Manhattan jail would be completed by 2032, the advocacy group Freedom Agenda said based on a review of the contract documents. The completion date is five years after the legally mandated closure of Rikers Island in 2027.
“Mayor Adams says he will always follow the law, but is clearly making no effort to do that,” said Freedom Agenda co-director Darren Mack. “With a blueprint already in place for the borough jail designs, there is no conceivable reason that the Manhattan jail should be completed five years after the legal deadline.”
A spokesman for the city Department of Design and Construction, which is overseeing the project, did not immediately reply to a request for comment.