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
No. 47.4
EXECUTIVE ORDER
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 32,290 individuals in the Department of Corrections and Community Supervision’s care and the communities surrounding these correctional facilities;
WHEREAS, upon review, there exists a continued need to support staff, provide for the safety of those under the care of the Department of Corrections and Community Supervision, preserve staff resources, and ensure safe operations at correctional facilities statewide;
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, do hereby find a continued need for a statewide disaster emergency order to support safe and effective operations at correctional facilities. This executive order shall be in effect through May 9, 2025.
FURTHER, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law do hereby temporarily suspend or modify the following laws, through May 9, 2025:
- 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;
- 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 staff;
- Section 19(4) of the Correction Law, to the extent necessary, to pay additional compensation and/or increased overtime rates of pay to superintendents; and
- Section 2.30(6) of the Criminal Procedure Law is suspended and modified to the extent necessary to prohibit a certificate attesting to satisfactory completion of training requirements to continue to remain valid after the interruption of state service of an individual who was previously employed by the Department of Corrections and Community Supervision and thereafter separated from such employment in connection with such individual’s participation in the illegal and unlawful strike; and
FURTHER, the suspensions and modifications related to Civil Service Law, County Law, Municipal Home Rule Law, and Correction Law contained in Executive Order 47.3 are hereby revoked as of the date of this order.
G I V E N under my hand and the Privy Seal of the State in
the City of Albany this 9th day of April in the
year two thousand twenty-five.
BY THE GOVERNOR
Secretary to the Governor