ALBANY, N.Y. – Two state lawmakers are advocating for the reinstatement of former prison guards following their dismissal after an illegal three-week strike. Thousands of guards were fired, and now a bill is in the works to bring them back without punishment.

The state was already down about 2,000 prison guards before the strike.

Assemblymember Scott Gray of Watertown said, “It is clear that if we are going to rebuild this, [the prison system] it’s going to have to be some sort of component of bringing some of these officers back.”

“If we were struggling to run 2,000 down we can’t run 4,000 plus down. I mean, that’s just simple math, and it’s just logical,” Gray said.

Sen. David Stec is also supporting the effort to reinstate the guards. The bill would allow those were resigned during the strike and those who were terminated at the conclusion to return, punishment free – if they return by July 1. Gray says that date leans on the state’s passing of the bill and the governor’s signature.

Some guards have pursued legal action against the state and union, claiming wrongful termination due to being on medical leave or vacation during the strike.

A former guard expressed reluctance to return without receiving back pay. “I think that would be a bridge too far, to be honest with you,” Gray said. “And so I think the opportunity, if it presents itself for people to go back, should they should take the opportunity. I think it’s gracious enough to say, you’re going to get it back without discipline or penalties.”

The bill requires support from Democrats in both chambers of the state legislature and a signature from Gov. Kathy Hochul.

“I think the governor’s the reasonable person, and I would encourage the governor to to look at the legislation and to look at it and say, you know, listen, this is what, lawmakers want. It’s also what our prison system needs. So all of that being said, I would encourage the governor to sign it if the opportunity presents itself,” Gray said.

The governor’s office released a statement:

“We don’t comment on pending legislation, and the Governor will review the bill if it passes both houses. That said, it’s important to note that before notices of termination were issued, DOCCS gave multiple “grace periods” to COs who had illegally walked off the job and sent dozens of warnings about the consequences of continuing this unlawful action. Governor Hochul and Commissioner Martuscello are looking to the future to strengthen our correctional facilities with new policies to keep COs safe, an aggressive new recruitment campaign to address the staffing crisis, and establishing committees to discuss issues like the HALT Act and staffing inefficiencies.“

Currently, the bill is in the Civil Service and Pensions Committee. Without this bill, it could take at least five years to replace the fired guards through the state academy process.

New York is spending about $100 million a month on thousands of National Guard members filling in for the lack of prison guard staffing. The cost to pay the fired guards before overtime is around $20 million.

Senate Bill S7310 can be read here.

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