A ruling in state Supreme Court ruling will leave the Rochester Police Accountability Board unable to investigate police misconduct.
Judge Joseph Waldorf ruled Tuesday on a complaint brought by the Rochester Police Locust Club late last year. The Locust Club, the Rochester police officers' union, sued the PAB following the agency's release of redacted reports of investigations of police misconduct by the PAB. It did so against the advice of city leadership.
The police union had argued the police oversight agency violated civil service law by releasing the reports.
Waldorf sided with the Locust Club, with his decision stating that the agency’s activities violated the state's Taylor Law, which governs public employee unions.
His ruling strips a slew of powers from the board. Among them are the ability to investigate claims of misconduct, both independently or because of a civilian complaint; its power to subpoena officers and witnesses; and its ability to establish a “disciplinary matrix” which would guide how Rochester police are disciplined. It also blocks the PAB's access to internal information from the department, including databases, personnel files, and body-worn camera footage.
The ruling allows for the PAB to do two things: it can exist, and it can review and recommend changes to department policy.
“The PAB has been stripped of any express or implied statutory powers relating to its investigation or disciplinary related activities concerning RPD officers,” Waldorf’s ruling reads. “The PAB cannot thereafter cloak its unlawful conduct as being merely advisory or non-binding when it seeks to compel (the Locust Club’s) members to attend alleged misconduct investigation hearings through so-called 'Officer Statement Requests' and subpoenas carrying contempt power.”
The ruling was the latest in a long saga of challenges for the police oversight agency.
The PAB was established by a 2019 referendum vote, in which three-quarters of voters approved of its creation, and replacing of the Civilian Review Board.
At the time, it had the mission of investigating complaints of misconduct, disciplining officers up to the point of termination, making recommendations to police policy, and developing standards for which officers are disciplined.
A court stripped the agency of its disciplinary powers in 2020, and that ruling was affirmed by a state Court of Appeals decision in 2023.
After the most recent ruling, virtually all of its remaining powers no longer exist.
Lesli Myers-Small, the PAB’s executive director, declined to comment, instead deferring to a prepared statement.
“The PAB was established to review civilian complaints and strengthen police-community relations, and we remain committed to that mission. Rochester residents overwhelmingly voted for independent review of police civilian complaints, and we will work with Rochester City Council to ensure that the will of the people is balanced within the confines of the law,” the statement reads.
A spokesperson for the city of Rochester said the city is consulting with outside legal counsel to determine if it will appeal Waldorf’s ruling. The city has 30 days to do so.
It’s also unclear what effect the ruling will have on future funding for the PAB. Last year, the oversight agency had a $3.6 million budget as a sub-agency of the Rochester City Council.
Mayor Malik Evans will release his proposed budget for the 2026 fiscal year this Friday. The process of reviewing and amending it will take place throughout May.
Council President Miguel Meléndez said that Council had a private meeting to discuss the status of the PAB, but what is currently in the budget proposal will stay. Any changes would happen in public during the amendment process.
