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  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
						
                                

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FILED: ONONDAGA COUNTY CLERK 06/06/2023 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2023 EXHIBIT 4 FILED: ONONDAGA COUNTY CLERK 06/06/2023 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2023 Onondaga County Sheriff s Office Tobias Shelley Sheriff Jeffrey T. Passino Undersheliff Matthew Fischer Chief Deputy Police Department Office 3L5-435-3044 Sheriff's John S, Drapikowski Chief Deputy custody Department Department 435-3036 Police Richard Miori Chief Deputy Correction Department Human Resources 435-7767 Melissa J. Berlinski Chief Deputy Civil Department Department 435-3050 Civil Maureen Murphy Chief Deputy Administration Correction Department 435-5581 Fredericka Mendolia Chief Deputy Special Enforcement custody Department 435-1777 Criminallnvestigations 435-3081 Police Records 435-3010 Custody Records 435-1782 February 28,2023 Chairman Allen Riley NYS Commission of Correction 80 South Swan Streef 12th Floor Albany, NewYork 12210 Re: Consolidation Plan for Onondaga Correctional Facility Dear Chairman Riley, ln your letter dated February 3,2023, addressed to Onondaga County Executive McMahon, you requested a response from his office regarding the closure of the Onondaga County Correctional Facility. Shortly thereafter, at the Onondaga County Legislature session on February 7 , 2023, Resolution No. 7 was passed that required the Onondaga County Sheriff's Office to prepare and submit a Consolidation Plan to your office by February 28,2Q23. Last week I met with localJail Administrators and counsel for the NYS Sheriffs' Association to help devise a plan on what actionable steps would have to be taken before the closure could commence. You will find the plan in detail below. lt is still my professional opinion that a full feasibility study should be completed. Also on February 7,2023, Resolution No. 5, Providing for Various Personnel Changes was passed by the Onondaga County Legislature. The resolution abolished and created positions and gave an effective date ofApril L,2023, as the lmplementation Date of the Consolidation Plan. I want itto be noted that I do not agree with this resolution nor the change in the County Charter that clearlrT diminishes my power as the Sheriff. I am answering your request strictly as a professional courtesy. Sincerely, 77-rtb' /r*/,E Tobias Shelley Onondaga County Sheriff 407 South State Street Syracuse NY, 13202 FILED: ONONDAGA COUNTY CLERK 06/06/2023 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2023 Sheriff Shelley's Proposed lmplementation Plan t. Require local law subject to mandatory referendum a, MHRL b, Potential lawsuit c. Mimic prior local law which transferred function of operating Jamesville from county executive to sheriff 2. Hire a professional with expertise to review current jail inmate capacity, current staffing levels, civil service issues, criminaljustice trends, and other relevant matters to determine the safety and propriety of transferring all correction officers and inmates from the Jamesville correctional facility to the downtown jail. ;, Consultants have advised the Sheriff's Office that SMRI LaBella, and Justice Planners have been employed successfully by various New York counties to conduct such a study and make professional and needed recommendations to the Sheriff, County Legislature, and County Administration in order to help these county leaders safely, efficiently, and legally manage the county inmate population, now and into the foreseeable future. 3. Conduct analysis of maximum prisoner capacity considering recent directives of SCOC to remove 120 beds from current count 4. Conduct analysis of minimum staffing needs 5. Lool< into Wellpath Care contract, how to combine both institutions staffing. Does it work and is there space. 6. Conduct analysis of the number and identity of Jamesville correction officers who are willing and able to transfer to the downtown jail a. Request opinion from State Civil Service Commission on viability of transfer between the two Positions b, Determine training needed for any officers transferred from Jamesville to the downtown jail c. Request opinion from counsel and others on transferability of seniority rights of any FILED: ONONDAGA COUNTY CLERK 06/06/2023 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2023 officers transferred from Jamesville to the downtown jail d, Determine training needed for any Jamesville correction officers transferred to the downtown jail to be able to supervise officers, policies and procedures which will be new to these transferred supervisory officers; further, determine if current supervisory officers at the Jamesville facility will be able to transfer to same or similar supervisory positions at the downtown county jail 7. Request from the Onondaga County District Attorney the number of active criminal cases now pending which could result in a sentence of imprisonment, either at the county jail (misdemeanor or low-levelfelony) or state correctional facility g, Review all programs conducted by the downtown jail to determine the ability to provide program services to all inmates transferred from Jamesville to the downtown jail g. Review the personnel records of correction officers at the Jamesville facility to determine which jail (e.g., officers meet the Sheriff's requirements for appointment as officers at the downtown age, training, residency, disciplinary records, etc.) L0. Request from the SCOC a feasibility study to determine: a. How the transfer of the current 150 inmates confined at the Jamesville facility could be safely and orderly transported to the downtown county jail, and the tirnetable to conduct such a transfer jail, considering b, The percentage of jail beds deemed safe to occupy at the downtown staffing concerns, the need for separation of inmates due to gang affiliations or other safetY considerations jail considering the c. The percentage of jail beds deemed safe to occupy at the downtown jails for inmate day HALT law and regulations which require added space in county rooms L1. Determine exactly what positions will be assigned to any officers transferred from the Jamesville facility to the downtown county jail 12. Determine exactly what housing accommodations will be provided to each inmate transferred from Jamesville to the downtown jail: e.g,, which housing areas each will be assigned; need for any Jamesville inmates to be kept separate from current downtown inmates; medical and mental health requirements for each inmate transferred from the Jamesville facility to the downtown jail. 13. Review the accommodations at the downtown jail for routine officer requirements: e,g', FILED: ONONDAGA COUNTY CLERK 06/06/2023 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2023 bathrooms, loclcer rooms, change of uniforms so that all officers wear the same uniform, change of equipment so that all officers have the same or similar equipment, etc. 1.4. Devise a planto house inmates at other county jails in the event that the downtown jail is not able to accept or safely keep all the inmates currently housed at the Jamesville facility, or in the future all inmates eventually committed to the custody of the Sheriff a. Request from SCOC whether or not they will grant a substitute jail order on a regular or recurring basis due to the inability of the downtown jail to safely keep all inmates committed to the custody of the Sheriff, and particularly the inmates transferred from the Jamesville facilitY, b. Determine the number of officers needed to transport inmates to and from any other county jail and the cost of such transportation; determine which officers are permitted jails, and will be available to transport inmates between any such other county considering available manpower and any labor contract restrictions c. Request an opinion from the Onondaga County Public Defender to determine if there will be any challenges to any such transfers by inmates alleging a violation of their constitutional rights (e.g., interference with right to counsel, right to visits by family and friends, etc.) grounds on 15. Onondaga/lroquois Nation Sovereign Burial Grounds- possibility of other burial location. cc: James J. Rowley Chair, Onondaga County Legislature J. Ryan McMahon, ll County Executive, Onondaga County