Declaring a Disaster Emergency
No. 47
EX E C U T I V E O R D E R
DECLARING A DISASTER EMERGENCY IN THE STATE OF NEW YORK AND ORDERING INTO ACTIVE SERVICE THE NEW YORK NATIONAL GUARD TO ASSIST AUTHORITIES IN GUARANTEEING PUBLIC ORDER AND PROTECTION OF PUBLIC PROPERTY AT VARIOUS CORRECTIONAL FACILITIES
WHEREAS on February 17, 2025, and continuing thereafter, an illegal and unlawful strike by correction officers has created an imminent threat to the safety of correction officers who are currently on the job, the more than 33,600 individuals in the Department of Corrections and Community Supervision’s care and the communities surrounding these correctional facilities;
WHEREAS, the Governor is Commander-in-Chief of the Militia of the State pursuant to the New York State Constitution as restated in section three of the Military Law; and
WHEREAS, pursuant to the provisions of section six of the Military Law, the Governor as Commander-in-Chief of the Militia has the power to order into the active service of the State in case of breach of the peace or imminent danger thereof, such units of the organized militia which may be necessary to assist civil authorities in controlling a particular situation; and
WHEREAS, the work stoppage by correction officers has created an imminent danger of breach of the peace from loss of essential government services in various State correctional facilities; and
WHEREAS, these various State facilities require assistance from the organized militia and the public interest requires that such assistance be provided to ensure the continuation of essential services at said State facilities and the preservation of public order and property:
NOW THEREFORE, I, Kathy Hochul, Governor of the State of New York, by virtue of the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, I hereby declare a Statewide Disaster Emergency effective February 19, 2025 for the entire State of New York. This Executive Order shall be in effect through March 21, 2025; and
FURTHER, pursuant to authority vested in me by paragraph one of section six of the Military Law, I hereby order into the active service of the State, for such period, to such extent, and in such manner as may be deemed necessary, all or any part of the organized militia to assist authorities in guaranteeing the public order and in the protection of public property in correctional facilities where assistance may be required, for such period, to such extent and in such manner as may be deemed necessary, all or any part of the organized militia to meet this emergency; and
FURTHER, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through March 21, 2025, the following laws:
- Section 97-G of the State Finance Law, to the extent necessary to purchase food, supplies, services, and equipment or furnish or provide various centralized services to assist affected local governments, individuals, and other non-State entities in responding to and recovering from the emergency;
- Section 112 of the State Finance Law, to the extent consistent with Article V, Section I of the State Constitution, and to the extent necessary to add additional work, sites and time to State contracts;
- Section 163 of the State Finance Law, to the extent necessary to purchase commodities, services, technology and materials without following the standard notice and procurement processes; and
- Sections 134 and 135 of the Civil Service Law, to the extent necessary, to pay additional compensation and/or increased overtime rates of pay to individuals who continue to work in correctional facilities during the illegal strike.
G I V E N under my hand and the Privy Seal of
the State in the City of Albany this
19th day of February in the year two
thousand twenty-five.
BY THE GOVERNOR
Secretary to the Governor