Citing A.G., Curran vetoes first responder bill

On Aug. 10, Nassau County Executive Laura Curran vetoed bill 187-21 that would increase protections for all first responders, including police officers, auxiliary police officers, corrections officers, paid and volunteer firefighters and emergency medical technicians, by imposing civil penalties of up to $50,000 per incident against anyone who assaults, menaces or harasses current and former members of this protected class.

Prior to her decision, Curran reached out to the Attorney General Letitia James’s office for guidance on whether the bill “strikes the proper legal balance between the government’s responsibility to protect its uniformed personnel and its duty not to interfere with the ability of the people to exercise their civil rights legally without fear of penalty.”

Curran first commended first responders, including police who supported the bill. "I'm proud of the dedicated first responders who've made Nassau the safest county in America,” she said, “and I continue to stand firmly with the brave men and women of law enforcement, and against any efforts to 'defund the police.'“

In her statement, Curran cited the attorney general’s advice: “The guidance provided by the New York state attorney general raises issues about the constitutionality of the proposed law, which would inhibit residents' rights to free speech and protest. The proposed bill is well-intentioned, but should not come at the costs of the basic First Amendment freedoms that we all enjoy as Americans.”

The attorney general’s letter, drafted by Rick Sawyer, special counsel for hate crimes, echoed County Legislator Siela Bynoe and Legislator Carrie Solages’s words when they voted against the bill on Aug. 3, saying the measure, if it were to become law, could be used to “chill protected speech.”

Nassau County Patrolmen’s Benevolent Association President James McDermott, who is to retire Sept. 1, issued a statement: “We are very disappointed in the actions of County Executive Curran vetoing a piece of legislation that was created in direct response to

the increase in discrimination and violence toward our membership in the last few years."

The County Legislature’s Republican majority echoed McDermott in its own statement, which read, “It's unfortunate that the county executive has vetoed this bill that would help to deter the assault, menacing and harassment of police officers and other first responders."

The county has not provided comprehensive data on the number of discriminatory or violent incidents that NCPD members have been subjected to. Both Curran and NCPD Commissioner Ryder had touted last year’s civil rights protests in the county as largely peaceful, with one officer injured.

Meanwhile, according to a June county police report, this year Black people were almost three times more likely to lodge formal complaints against the NCPD than whites, as was the case during an incident of forcible arrest of three men during a June 2020 protest in East Meadow, which was referred to James for review.

Civil rights groups and activists across Nassau have continued to send letters and protest the bill, as a supermajority of 13 in the Legislature could override Curran’s veto. The Aug. 3 vote in the Legislature was 12 to 6, with 11 Republican members voting for the bill, in addition to Democratic Legislator Delia DeRiggi-Whitton. Republican Legislator William Gaylor was not present to vote.

The bill’s sponsor, Legislator Joshua Lafazan, an independent who caucuses with the Democrats, responded to the veto, saying, "As a lawmaker, I, of course, respect the opinion of New York Attorney General Tish James. Therefore, I respect the county executive's decision to veto this bill based on the AG's guidance and will not vote to override County Executive Curran.”

Republican lawmakers said they would formally receive Curran’s veto at the Legislature’s next meeting Sept. 27. The majority would then have 30 days to schedule a vote, which would land about a week before the Nov. 2 election, when Curran and all 19 county legislative seats will be up for election.