COBA Members:

On Oct. 1st NYS implemented it's new "Raise the Age Law" where 16 yr olds in 2018 then 17 yr olds in 2019 will not be held in Correctional Facilities for committing certain crimes in NYS any longer.

Welcome to Progressive New York.  

On Oct 2nd, Sheriff Fludd issued Sheriffs Order 15-18 regarding the implementation of this Legislation, directing that:  

1. Following Arraignment by a special magistrate in District Court (Youth Court Division), Deputy Sheriffs shall take custody of Adolescent Offenders in furtherance of the transfer to out-of-County Specialized Secure Detention Facilities (SSD's)
2. Sheriffs Deputies shall maintain all paperwork related to the Commitment/Arrest and shall transfer the youth to an appropriate area for processing pending confirmation of acceptance by the out of County SSD.  

Following the issuance of that Order, I formally notified the Sheriff and Undersheriff of the following. As per our contract, specifically our Memorandum of Agreement dated December 20th, 2017 between COBA and then Sheriff Michael Sposato, "Once an inmate has been arraigned by a Criminal Court in Nassau County, the County agrees to utilize only NCSCOBA Bargaining Unit Members for All Post-Arraignment transports of that inmate".  

Sheriffs Order 15-18 as written is in our opinion in direct violation of that MOA regarding the Transportation of those who have been arraigned by a criminal court in Nassau County. COBA demanded that Sheriff's Order 15-18 be rescinded and/or revised accordingly to ensure that only COBA Bargaining Unit Members conduct this exclusive work pursuant to the MOA regarding this subject. We met with Sheriff Fludd this am regarding this issue. Sheriff Fludd advised that it is her opinion and that of her senior staff and attorney that they believe under the new law that Deputies are charged with the transportation of minors and that she would not revise her Order.

As such, I advised the Sheriff that we will be filing a Class Action Grievance on the matter along with taking her to Court, filing for a TRO (Temporary Restraining Order) to cease her actions until the matter is arbitrated.

This afternoon, COBA filed that Class Action Grievance as well as the TRO and will be in Nassau County Supreme Court next Tuesday morning versus Sheriff Fludd and Nassau County.

COBA will seek all necessary legal actions at our disposal to protect our "Exclusive Bargaining Unit Work".

COBA will always fight to protect our rightful jobs in any arena necessary.

I will keep you informed of this matter as it progresses.

Always Yours in Unionism;

Brian Sullivan, COBA President