The city of Rochester is appealing a March court ruling that blocked the Rochester Police Accountability from exercising most of its powers.
The ruling by the Fourth Department Appellate Division determined that the PAB could not independently investigate claims of police misconduct, recommend discipline, nor subpoena officers. That decision upheld a ruling by state Supreme Court Judge Joseph Waldorf made last year in a case brought by the Rochester Police Locust Club.
In a statement, the Rochester City Council said it aims to take the case to the state Court of Appeals. City Council is the parent body of the PAB.
“The PAB was established through an overwhelmingly supported public referendum, with investigative authority as a core component of its intended oversight role,” the statement reads. “To ensure meaningful civilian oversight of policing, the city must exhaust all legal avenues to restore that authority.”
The PAB was established in 2019 by referendum. At the time, the agency was intended to have the ability to not only investigate officers but compel discipline. The latter power was previously stripped by a state Supreme Court ruling 2020,and affirmed in an Appellate Division ruling in 2023.
