Suny's Campus Leader Waivers: Legal Or Not?

The State University of New York (SUNY) has been accused of violating so-called double-dipping laws by granting waivers to police chiefs and other campus safety officials, allowing them to collect retirement pensions alongside their government salaries. Under New York state law, a retiree under 65 cannot be paid more than $30,000 a year in a new government job while also receiving a pension, unless they have a waiver. While there are strict rules for granting these waivers, SUNY has been accused of routinely ignoring these requirements, causing unrest among rank-and-file officers.

SUNY police hiring practices

The State University of New York (SUNY) Police Departments are full-service, community-oriented police agencies. They pride themselves on a high level of professionalism, courtesy, and respect, which meets the specialized needs of their college settings.

To qualify for the civil service exam to become a University Police Officer, all candidates must possess a minimum of 60 college credits, be a New York State resident, and have a valid New York State driver's license. Following the written test, candidates must pass a standardized physical test and then a psychological and medical screening. In addition, there is an extensive background check, including fingerprinting.

University Police Officers are responsible for the detection and prevention of crime, and the enforcement of state and local laws, rules, and regulations in a diverse educational environment. They are part of the educational process and teach on topics such as crime prevention, drug awareness, sexual assault, and traffic safety. They also develop and maintain positive relationships with students, faculty, and staff to ensure the safety and cooperation of the entire campus community.

University Police Officers receive their official powers through the Education Law and the Criminal Procedure Law. They are duly appointed Police Officers in New York State and are assigned to fixed or rotating shifts involving patrol assignments or dispatch/desk posts.

The training of University Police Officers is both physically and mentally intensive. Officers receive training that includes penal law, criminal procedure law, first aid, CPR, defensive tactics, crisis intervention, firearms, and other related topics. This training takes place at a regional police academy, and upon successful completion of the selection process, recruits begin training at a Basic School for Police Officers.

The State University Police departments are fully sworn police departments with the authority to investigate and enforce all laws and regulations. Their police authority is specifically listed in the New York State Criminal Procedure Law and the New York Education Law. SUNY Law Enforcement has partnered with the Division of Criminal Justice Services (DCJS) to further the Accreditation Program, which provides formal recognition that an organization meets or exceeds general expectations of quality in the field.

However, SUNY's hiring practices have come under scrutiny, with allegations that they are breaking the law with waivers for campus police leaders. New York state universities and colleges may violate "double-dipping" laws by granting waivers that allow police chiefs and other campus safety officials to collect retirement pensions on top of their government salaries. Under state law, a retiree under 65 cannot be paid more than $30,000 a year in a new government job while collecting a pension unless they have a waiver. While there are strict rules for granting waivers, SUNY presidents are said to routinely ignore these requirements and issue waivers to "retired" candidates, even when there are other qualified applicants.

The Police Benevolent Association of New York State (PBA) has challenged this practice, arguing that SUNY is "knowingly and blatantly violating the law." They claim that the jobs should be available for rank-and-file officers to climb through the ranks and that the waivers are only supposed to be granted in urgent" situations when no other qualified candidate can be found.

Despite these concerns, SUNY officials maintain that their hiring processes are in compliance with applicable New York state laws and that waivers are issued based on high standards.

Double-dipping laws

Double-dipping is the practice of accepting income from two mutually exclusive sources, such as receiving a government pension and a government salary simultaneously. In the context of the State University of New York (SUNY), the issue of double-dipping arises when the university grants waivers to police chiefs and campus safety officials, allowing them to collect retirement pensions on top of their government salaries.

Under New York state law, a retiree under the age of 65 cannot be paid more than $30,000 a year in a new government job while also collecting a pension, unless they have obtained a waiver. SUNY campuses with police departments have been accused of routinely violating these "double-dipping" laws by issuing waivers to numerous campus safety officials, enabling them to retain their high-paying positions while collecting pensions from prior police jobs.

The Police Benevolent Association of New York State (PBA) has challenged SUNY's hiring practices, arguing that the university is "knowingly and blatantly violating the law." PBA executive director Daniel De Federicis stated that SUNY presidents routinely ignore the strict requirements for granting waivers and issue them to "retired" candidates, even when there are qualified non-retired applicants.

According to state law, waivers should only be granted in "urgent" situations when no other qualified candidates can be found. However, internal documents and court records suggest that SUNY has granted waivers even when there were other qualified candidates, including non-retired applicants from within the campus police forces.

The practice of double-dipping is not limited to SUNY and has been a topic of discussion in various contexts, including social security benefits. For example, "double-dipping" in social security benefits involves collecting both personal benefits and a spouse's benefits at different points in time. While this practice was common among married couples in the past, the Bipartisan Budget Act of 2015 made it illegal for individuals born after 1953 to claim their spouse's benefits while waiting for their own to mature.

Waivers for retired police officers

In the United States, law enforcement officers are generally required to retire at the age of 57 if they have completed 20 years of service. However, they may continue working until the age of 60 if they have not yet completed 20 years. The mandatory retirement age for US Capitol Police (USCP) officers is usually 57 but has been temporarily raised to 60 until 2023.

The State University of New York (SUNY) has been accused of violating so-called "double-dipping" laws by granting waivers to police chiefs and other campus safety officials, allowing them to collect retirement pensions on top of their government salaries. SUNY has 29 campuses with police departments, and at least 12 state university police officials are receiving these waivers. This practice has sparked discontent among rank-and-file officers, who believe that the jobs should be available for those climbing through the ranks.

State law mandates that waivers be granted only in "urgent" situations when no other qualified candidates can be found. However, an examination of SUNY's hiring practices reveals that SUNY presidents often disregard this requirement and issue waivers to "retired" candidates from outside police agencies, even when there are qualified non-retired applicants.

For example, in 2017, SUNY Purchase College appointed Michael Bailey, a former Utica police captain, as the campus police chief. Bailey received a waiver that allowed him to receive his $56,334 pension from the Utica force, along with his $115,000 SUNY salary. During the hiring process, SUNY Purchase inadvertently sent an application requesting permission to approve Bailey's pension waiver to the Civil Service Commission. Despite this, SUNY Purchase still granted the waiver.

The Police Benevolent Association of New York State (PBA) has filed a lawsuit against SUNY, alleging that they are "knowingly and blatantly violating the law" with their waiver practices. PBA Executive Director Daniel De Federicis stated that SUNY officials are signing off on waivers with little regard for the rules and, in some cases, may be committing misdemeanors.

In response, SUNY officials have defended their hiring practices, claiming that they follow applicable New York state laws and issue waivers based on high standards. However, internal documents and court records suggest that SUNY does not always adhere to the law and rarely provides explanations for granting waivers.

Unrest among rank-and-file officers

The State University of New York's (SUNY) issuance of waivers has caused unrest among rank-and-file officers across the SUNY police forces. They believe that the jobs should be available for their members who climb through the ranks. The practice of granting waivers to retired police officers and other campus safety officials has led to concerns about a lack of career progression within the SUNY police forces.

The Police Benevolent Association of New York State (PBA), which represents around 1,200 officers, including campus police, has challenged SUNY's hiring practices. Daniel De Federicis, executive director of the PBA, has accused SUNY of "knowingly and blatantly violating the law". He argues that SUNY presidents routinely ignore the requirements of the law and issue waivers in non-urgent situations, even when there are other qualified candidates who do not require a waiver.

Internal records and court documents support the PBA's claims, showing that waivers have been granted to retired police officers even when there were other qualified, non-retired candidates. This practice has led to low morale among the rank-and-file officers, who feel that there is no incentive to stay with the agency.

Scott Marciszewski, a lieutenant at Buffalo State University and a PBA official, commented on the disappointment felt by many SUNY supervisors. He stated that the issue is not isolated to a single campus but occurs across the SUNY police departments. Marciszewski's comments highlight the widespread frustration and dissatisfaction within the ranks, which is impacting the morale and retention of officers in the SUNY police forces.

The PBA filed a lawsuit against SUNY and the state University of New York College at Brockport for hiring a former Rochester police commander, Edward Giblin, as chief of the school's police force. However, the PBA lost the lawsuit when an acting state Supreme Court justice in Albany ruled that the union lacked standing. The PBA is currently appealing this decision.

Waivers granted when other qualified candidates exist

The State University of New York (SUNY) has been accused of violating so-called "double-dipping" laws by granting waivers to police chiefs and campus safety officials, allowing them to collect retirement pensions alongside their government salaries. While state law prohibits a retiree under 65 from earning more than $30,000 a year in a new government job while collecting a pension, SUNY has issued waivers to numerous campus safety officials, enabling them to retain lucrative positions while drawing pensions from prior police jobs.

An examination of SUNY's hiring practices reveals a pattern of non-compliance with state law. SUNY presidents routinely disregard legal requirements, issuing waivers to retired candidates from outside police agencies, even when there are numerous qualified non-retired applicants. This practice has sparked discontent among rank-and-file officers, who believe that promotional opportunities within the SUNY police forces are being unfairly limited.

In one notable instance, SUNY Purchase College appointed Michael Bailey, a retired Utica police captain, as campus police chief. Despite being a finalist among over 90 applicants, Bailey was the only candidate requesting a pension waiver. The Civil Service Commission rejected Bailey's request for a waiver, stating that SUNY failed to demonstrate the absence of "available, qualified non-retirees." However, SUNY Purchase College's attorney asserted their authority to grant the waiver, which they ultimately did.

Another example involves the State University of New York College at Brockport, which hired Edward Giblin, a former Rochester police commander, as chief of the school's police force. Giblin, the only applicant with an "A" rating from all committee members, was granted a waiver despite the existence of other qualified candidates who did not require a pension waiver.

These cases illustrate a broader pattern of SUNY's disregard for state law and its own policies regarding the issuance of waivers when other qualified candidates exist. The Police Benevolent Association of New York State (PBA) has actively challenged SUNY's hiring practices, arguing that they blatantly violate the law and undermine promotional opportunities for existing SUNY police officers.

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