Preview
FILED: ONONDAGA COUNTY CLERK 10/19/2023 03:59 PM INDEX NO. 005761/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/19/2023
EXHIBIT B
FILED: ONONDAGA COUNTY CLERK 10/19/2023
06/06/2023 03:59
04:31 PM INDEX NO. 005761/2023
NYSCEF DOC. NO. 23
3 RECEIVED NYSCEF: 10/19/2023
06/06/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ONONDAGA
TOBIAS SHELLEY, as SHERIFF OF ONONDAGA
COUNTY,
Index No.:
Petitioner,
AFFIDAVIT OF TOBIAS
vs. SHELLEY
THE ONONDAGA COUNTY LEGISLATURE and
THE COUNTY OF ONONDAGA,
Respondents.
STATE OF NEW YORK )
COUNTY OF ONONDAGA ) ss:
TOBIAS SHELLEY, being duly sworn, deposes and states as follows:
1. I am the Petitioner in this proceeding and currently serve as the Sheriff of
Onondaga County. I submit this affidavit in support of this Article 78 proceeding to strike
down Local Law No. 1-2023 as illegally enacted. Local Law No. 1-2023 was not subject to a
mandatory referendum as required by New York Municipal Home Rule Law when a local
law curtails the power of an elected official.
2. I was elected Sheriff of Onondaga County in the November 8, 2022 election.
3. I was sworn in on December 27, 2022, and have served as the Sheriff of
Onondaga County since January 1, 2023.
4. Prior to my election as Sheriff, I worked in the Onondaga County Sheriff s
Office Police Division. Ijoined the Onondaga County SherifFs Office Police Division in 1994
and worked there until 2011. During my time at the Onondaga County Sheriff s Office Police
Division, I served as a Road Patrol Deputy, Detective, Academy Instructor, Field Training
Officer, and Patrol Sergeant.
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5. Onondaga County currently has two facilities that house inmates.
6. Jamesville Correctional Facility ("Jamesville Correctional") is Onondaga
County's penitentiary and has been referred to as the Onondaga County Correctional Facility,
and is located at 6660 East Seneca Turnpike, Jamesville, New York.
7. The Patrick J. Corbett Justice Center is also known as the Onondaga County
Justice Center ("Justice Center") and is Onondaga County's jail, located at 555 South State
Street, Syracuse, New York.
8. The two facilities serve different purposes.
9. Jamesville Correctional is a medium security facility that holds inmates that
have been convicted and sentenced for a crime and are serving out their sentence.
10. The Justice Center is a maximum-security facility that houses individuals who
have been arrested, pre-trial detainees, and those who have been sentenced and are awaiting
transfer to a correctional facility.
11. In 2017, Local Law No. 14-2017 was enacted, which transferred control of and
responsibility for Jamesville Correctional to the Onondaga County Sheriff. As required,
Local Law 14-2017 was subject to a mandatory referendum and approved by the general
electorate in the fall of 2017. Attached as Exhibit 1 is a true and accurate copy of Local Law
No. 14-2017.
12. Prior to the enactment of Local Law No. 14-2017, the Sheriff already had
responsibility for the operation, maintenance, supervision, repair, custodial care and security
of the Justice Center, as reflected in the Onondaga County Administrative Code.
13. Since assuming office on January 1, 2023 as Sheriff following my election, I
have had responsibility for both Jamesville Correctional and the Justice Center in accordance
2
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3 RECEIVED NYSCEF: 10/19/2023
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with the Onondaga County Administrative Code, and in particular, among many other
things, the operation, maintenance, supervision, repair and security of the facilities; and the
housing, care, custody, and rehabilitation of all inmates sentenced or assigned to such
facilities.
14. On December 9, 2022, I became aware of an initiative led by Onondaga County
Executive Ryan McMahon to close Jamesville Correctional. Among several other important
issues with such an event, a closure would involve transferring inmates and Jamesville
Correctional staff to the Justice Center, compliance with significant penitentiary regulations,
and negotiation with collective bargaining units.
15. I was not involved, included, or invited to participate in any discussion with
the Legislature or County Executive on the closure plan or concept. After my election and
three weeks prior to assuming office, I was asked to support the plan to close Jamesville
Correctional but was provided no information, rationale, or compliance strategy for that
course of action.
16. Onondaga County officials, without my input or approval, unilaterally began
power to operate Jamesville Correctional - a
the process of removing the Sheriff's
responsibility and power assigned to me in my capacity of Sheriff by the Onondaga County
Administrative Code. On January 31, 2023, I attended a meeting of the Onondaga County
Ways & Means Committee where a local law was proposed that would strip me of control of
Jamesville Correctional. A true and accurate copy of the January 31, 2023 meeting's minutes
is attached as Exhibit 2.
17. Shortly after this meeting, on February 7, 2023, Local Law No. 1-2023 was
passed. A true and accurate copy of Local Law No. 1-2023 is attached as Exhibit 3.
3
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18. Local Law No. 1-2023 strikes from the Onondaga County Charter the language
that grants me responsibility for and control over the Jamesville Correctional penitentiary,
and thus curtails the Onondaga Sheriff s power.
19. If Local Law No. 1-2023 were valid and effective, the Onondaga Sheriff s
operational responsibility for both Jamesville Correctional and the Justice Center would be
reduced to operational for the Justice Center. Local Law No. 1-
only having responsibility
2023 is not valid or effective as it was not subject to a mandatory referendum, as required by
the New York Municipal Home Rule Law when a local law curtails the power of an elected
official.
20. Regardless, as a result of the passage of Local Law No. 1-2023, the Onondaga
County Legislature directed me to submit a closure plan for Jamesville Correctional by
February 28, 2023 to the New York State Commission of Corrections. While I did not and
do not believe Local Law No. 1-2023 is of any force or effect, I submitted a plan for a
feasibility study on February 28, 2023 to the Commission of Corrections as a matter of
professional courtesy. The plan noted that the resolution requiring closure was ineffective
because a mandatory referendum had to be conducted to reduce the powers of the Onondaga
Sheriff, and called for a comprehensive, multi-element feasibility study on the potential
closure of Jamesville Correctional. A true and accurate copy of my plan for a feasibility study
is attached as Exhibit 4.
21. My attorneys have advised me that since this proceeding only involves the
illegally enacted Local Law No. 1-2023, this is not the forum to share my views as Sheriff on
the appropriateness or inappropriateness of closing the Jamesville Correction. I will take the
matter under advisement and afford it due deliberation consistent with the powers granted
4
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me by the New York State Constitution, the New York County Law, the New York
Correction Law, the Onondaga County Charter, and the Onondaga County Administrative
Code.
22. Regarding this proceeding, however, I conclude respectfully by urging the court
to grant this petition, strike down and adjudge Local Law No. 1-2023 as illegally, and
therefore improvidently, enacted.
TOBIAS SHELLEY
Sworn to before me this
ay of , 023
LINDA A. HOGARBOME
NotaryPublic - State of New York
Notary Public No. 01HO633B142
Qualified In Onondaga
County
My Commission Expires March 14, 2024
5
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Preview
FILED: ONONDAGA COUNTY CLERK 10/19/2023 03:59 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/19/2023 EXHIBIT B FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 23 3 RECEIVED NYSCEF: 10/19/2023 06/06/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONONDAGA TOBIAS SHELLEY, as SHERIFF OF ONONDAGA COUNTY, Index No.: Petitioner, AFFIDAVIT OF TOBIAS vs. SHELLEY THE ONONDAGA COUNTY LEGISLATURE and THE COUNTY OF ONONDAGA, Respondents. STATE OF NEW YORK ) COUNTY OF ONONDAGA ) ss: TOBIAS SHELLEY, being duly sworn, deposes and states as follows: 1. I am the Petitioner in this proceeding and currently serve as the Sheriff of Onondaga County. I submit this affidavit in support of this Article 78 proceeding to strike down Local Law No. 1-2023 as illegally enacted. Local Law No. 1-2023 was not subject to a mandatory referendum as required by New York Municipal Home Rule Law when a local law curtails the power of an elected official. 2. I was elected Sheriff of Onondaga County in the November 8, 2022 election. 3. I was sworn in on December 27, 2022, and have served as the Sheriff of Onondaga County since January 1, 2023. 4. Prior to my election as Sheriff, I worked in the Onondaga County Sheriff s Office Police Division. Ijoined the Onondaga County SherifFs Office Police Division in 1994 and worked there until 2011. During my time at the Onondaga County Sheriff s Office Police Division, I served as a Road Patrol Deputy, Detective, Academy Instructor, Field Training Officer, and Patrol Sergeant. 1 of 5 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 23 3 RECEIVED NYSCEF: 10/19/2023 06/06/2023 5. Onondaga County currently has two facilities that house inmates. 6. Jamesville Correctional Facility ("Jamesville Correctional") is Onondaga County's penitentiary and has been referred to as the Onondaga County Correctional Facility, and is located at 6660 East Seneca Turnpike, Jamesville, New York. 7. The Patrick J. Corbett Justice Center is also known as the Onondaga County Justice Center ("Justice Center") and is Onondaga County's jail, located at 555 South State Street, Syracuse, New York. 8. The two facilities serve different purposes. 9. Jamesville Correctional is a medium security facility that holds inmates that have been convicted and sentenced for a crime and are serving out their sentence. 10. The Justice Center is a maximum-security facility that houses individuals who have been arrested, pre-trial detainees, and those who have been sentenced and are awaiting transfer to a correctional facility. 11. In 2017, Local Law No. 14-2017 was enacted, which transferred control of and responsibility for Jamesville Correctional to the Onondaga County Sheriff. As required, Local Law 14-2017 was subject to a mandatory referendum and approved by the general electorate in the fall of 2017. Attached as Exhibit 1 is a true and accurate copy of Local Law No. 14-2017. 12. Prior to the enactment of Local Law No. 14-2017, the Sheriff already had responsibility for the operation, maintenance, supervision, repair, custodial care and security of the Justice Center, as reflected in the Onondaga County Administrative Code. 13. Since assuming office on January 1, 2023 as Sheriff following my election, I have had responsibility for both Jamesville Correctional and the Justice Center in accordance 2 2 of 5 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 23 3 RECEIVED NYSCEF: 10/19/2023 06/06/2023 with the Onondaga County Administrative Code, and in particular, among many other things, the operation, maintenance, supervision, repair and security of the facilities; and the housing, care, custody, and rehabilitation of all inmates sentenced or assigned to such facilities. 14. On December 9, 2022, I became aware of an initiative led by Onondaga County Executive Ryan McMahon to close Jamesville Correctional. Among several other important issues with such an event, a closure would involve transferring inmates and Jamesville Correctional staff to the Justice Center, compliance with significant penitentiary regulations, and negotiation with collective bargaining units. 15. I was not involved, included, or invited to participate in any discussion with the Legislature or County Executive on the closure plan or concept. After my election and three weeks prior to assuming office, I was asked to support the plan to close Jamesville Correctional but was provided no information, rationale, or compliance strategy for that course of action. 16. Onondaga County officials, without my input or approval, unilaterally began power to operate Jamesville Correctional - a the process of removing the Sheriff's responsibility and power assigned to me in my capacity of Sheriff by the Onondaga County Administrative Code. On January 31, 2023, I attended a meeting of the Onondaga County Ways & Means Committee where a local law was proposed that would strip me of control of Jamesville Correctional. A true and accurate copy of the January 31, 2023 meeting's minutes is attached as Exhibit 2. 17. Shortly after this meeting, on February 7, 2023, Local Law No. 1-2023 was passed. A true and accurate copy of Local Law No. 1-2023 is attached as Exhibit 3. 3 3 of 5 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 23 3 RECEIVED NYSCEF: 10/19/2023 06/06/2023 18. Local Law No. 1-2023 strikes from the Onondaga County Charter the language that grants me responsibility for and control over the Jamesville Correctional penitentiary, and thus curtails the Onondaga Sheriff s power. 19. If Local Law No. 1-2023 were valid and effective, the Onondaga Sheriff s operational responsibility for both Jamesville Correctional and the Justice Center would be reduced to operational for the Justice Center. Local Law No. 1- only having responsibility 2023 is not valid or effective as it was not subject to a mandatory referendum, as required by the New York Municipal Home Rule Law when a local law curtails the power of an elected official. 20. Regardless, as a result of the passage of Local Law No. 1-2023, the Onondaga County Legislature directed me to submit a closure plan for Jamesville Correctional by February 28, 2023 to the New York State Commission of Corrections. While I did not and do not believe Local Law No. 1-2023 is of any force or effect, I submitted a plan for a feasibility study on February 28, 2023 to the Commission of Corrections as a matter of professional courtesy. The plan noted that the resolution requiring closure was ineffective because a mandatory referendum had to be conducted to reduce the powers of the Onondaga Sheriff, and called for a comprehensive, multi-element feasibility study on the potential closure of Jamesville Correctional. A true and accurate copy of my plan for a feasibility study is attached as Exhibit 4. 21. My attorneys have advised me that since this proceeding only involves the illegally enacted Local Law No. 1-2023, this is not the forum to share my views as Sheriff on the appropriateness or inappropriateness of closing the Jamesville Correction. I will take the matter under advisement and afford it due deliberation consistent with the powers granted 4 4 of 5 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 23 3 RECEIVED NYSCEF: 10/19/2023 06/06/2023 me by the New York State Constitution, the New York County Law, the New York Correction Law, the Onondaga County Charter, and the Onondaga County Administrative Code. 22. Regarding this proceeding, however, I conclude respectfully by urging the court to grant this petition, strike down and adjudge Local Law No. 1-2023 as illegally, and therefore improvidently, enacted. TOBIAS SHELLEY Sworn to before me this ay of , 023 LINDA A. HOGARBOME NotaryPublic - State of New York Notary Public No. 01HO633B142 Qualified In Onondaga County My Commission Expires March 14, 2024 5 5 of 5