On June 06, 2023 a
AFFIDAVIT (Motion #2) - Affidavit of Tobias Shelley in Opposition
was filed
involving a dispute between
Tobias Shelley
As Sheriff Of Onondaga County,
and
The County Of Onondaga,
The Onondaga County Legislature,
for Special Proceedings - CPLR Article 78
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 11/30/2023 03:08 PM INDEX NO. 005761/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ONONDAGA
TOBIAS SHELLEY, AS SHERIFF OF ONONDAGA
COUNTY,
Index No.: 2023 /00576I
Petitioner,
AFFIDAVIT OF TOBIAS
VS SIIELLEY IN OPPOSITION
TO RESPONDENTS'
THE ONONDAGA COUNTY LEGISLATURE ANP MOTION TO DISMISS
THE COTINTY OF ONONDAGA,
Respondent.
STATE OF NEW YORK )
COUNTY OF ONONDAGA ) ss:
TOBIAS SIIELLEY, being duly sworn, deposes and states as follows:
1. I currently serve as the Sheriffof Onondaga County, and submit this affidavit
in opposition to Respondents' motion to dismiss. I incorporate by reference my affidavit,
swom to June 5,2023, submitted with the Petition in this matter.
2. Onondaga County currently has two facilities that house inmates, and pursuant
to New York and Onondaga County Local Law presently in effect, my office and I are
responsible for the two facilities and the inmates houscd in each facility.
3. Jamesville Correctional Facility ("Jamesville Correctional") is Onondaga
County's penitentiary.
4. The Onondaga County Justice Center ("Justice Center") is Onondaga
County's jail.
5. The two facilities serve different purposes.
6. Jamesville Correctional is a medium security facility that holds inmates that
have already been convicted and sentenced for a crime and are serving out their sentence.
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FILED: ONONDAGA COUNTY CLERK 11/30/2023 03:08 PM INDEX NO. 005761/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2023
7. 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.
8. Although not its main purpose, there are occasions when an unsentenced
individual might be sent to Jamesville Correctional. Historically, one reason unsentenced
mdividuals have been sent to Jamesville Correctional is due to overcrowding at the Justice
Center.
9. When a sentenced individualis sent from Jamesville Correctionalto the Justice
in."
Center, they are referred to as being "boarded When an unsentenced individual is sent
from the Justice Center to Jamesville Correctional, they are referred to as being "boarded
out."
10. My attorneys have advised that certain inmate data concerning the housing of
inmates at some time prior to the passage of Local Law 14-2017 is relevant to the issues raised
by Respondents in their motion to dismiss. For purposes of this motion, I submit inmate
housing data from 2015. Attached as Exhibit 1 is a report on the daily population count at
the Onondaga County jail (the Justice Center) from January 1, 2015, through December 21,
2015.
11. This report was obtained from eJustice, a browser-based New York State portal
through which authorized users can access criminal justice information. The data is
information that the Sheriff's Office relies on regularly in managing Jamesville Correctional
and the Justice Center.
12. The report reflects that on November 12, 2015, there were 20 sentenced
in"
individuals who were being "boarded and held at the Justice Center. It also reflects that
2
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FILED: ONONDAGA COUNTY CLERK 11/30/2023 03:08 PM INDEX NO. 005761/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2023
out"
on October 19, 2015, there were 111 unsentenced individuals who were being "boarded
and held at the Jamesville Correctional. For the purposes of the attached report, individuals
held for violations of probation and parole are considered unsentenced.
13. Based on the express words of the Onondaga County Administrative Code in
effect in 2015, the Onondaga County Sheriff's Office would have had responsibility for the
custody and control over the 20 sentenced individuals being held at the Justice Center on
November 12, 2015.
14. Based on the express words of the Onondaga County Administrative Code in
effect in 2015, the Onondaga County Sheriff's Office would not have had responsibility for
the custody and control of the 111 unsentenced individuals being held at Jamesville
Correctional on October 19, 2015. The Onondaga County Executive would have had
authority over these individuals.
TOBIAS SHELLEY
Sworn to before me this
day of Des 3R(2023
Nota ublic
3
3 of 3
Document Filed Date
November 30, 2023
Case Filing Date
June 06, 2023
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: ONONDAGA COUNTY CLERK 11/30/2023 03:08 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONONDAGA TOBIAS SHELLEY, AS SHERIFF OF ONONDAGA COUNTY, Index No.: 2023 /00576I Petitioner, AFFIDAVIT OF TOBIAS VS SIIELLEY IN OPPOSITION TO RESPONDENTS' THE ONONDAGA COUNTY LEGISLATURE ANP MOTION TO DISMISS THE COTINTY OF ONONDAGA, Respondent. STATE OF NEW YORK ) COUNTY OF ONONDAGA ) ss: TOBIAS SIIELLEY, being duly sworn, deposes and states as follows: 1. I currently serve as the Sheriffof Onondaga County, and submit this affidavit in opposition to Respondents' motion to dismiss. I incorporate by reference my affidavit, swom to June 5,2023, submitted with the Petition in this matter. 2. Onondaga County currently has two facilities that house inmates, and pursuant to New York and Onondaga County Local Law presently in effect, my office and I are responsible for the two facilities and the inmates houscd in each facility. 3. Jamesville Correctional Facility ("Jamesville Correctional") is Onondaga County's penitentiary. 4. The Onondaga County Justice Center ("Justice Center") is Onondaga County's jail. 5. The two facilities serve different purposes. 6. Jamesville Correctional is a medium security facility that holds inmates that have already been convicted and sentenced for a crime and are serving out their sentence. 1 of 3 FILED: ONONDAGA COUNTY CLERK 11/30/2023 03:08 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2023 7. 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. 8. Although not its main purpose, there are occasions when an unsentenced individual might be sent to Jamesville Correctional. Historically, one reason unsentenced mdividuals have been sent to Jamesville Correctional is due to overcrowding at the Justice Center. 9. When a sentenced individualis sent from Jamesville Correctionalto the Justice in." Center, they are referred to as being "boarded When an unsentenced individual is sent from the Justice Center to Jamesville Correctional, they are referred to as being "boarded out." 10. My attorneys have advised that certain inmate data concerning the housing of inmates at some time prior to the passage of Local Law 14-2017 is relevant to the issues raised by Respondents in their motion to dismiss. For purposes of this motion, I submit inmate housing data from 2015. Attached as Exhibit 1 is a report on the daily population count at the Onondaga County jail (the Justice Center) from January 1, 2015, through December 21, 2015. 11. This report was obtained from eJustice, a browser-based New York State portal through which authorized users can access criminal justice information. The data is information that the Sheriff's Office relies on regularly in managing Jamesville Correctional and the Justice Center. 12. The report reflects that on November 12, 2015, there were 20 sentenced in" individuals who were being "boarded and held at the Justice Center. It also reflects that 2 2 of 3 FILED: ONONDAGA COUNTY CLERK 11/30/2023 03:08 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2023 out" on October 19, 2015, there were 111 unsentenced individuals who were being "boarded and held at the Jamesville Correctional. For the purposes of the attached report, individuals held for violations of probation and parole are considered unsentenced. 13. Based on the express words of the Onondaga County Administrative Code in effect in 2015, the Onondaga County Sheriff's Office would have had responsibility for the custody and control over the 20 sentenced individuals being held at the Justice Center on November 12, 2015. 14. Based on the express words of the Onondaga County Administrative Code in effect in 2015, the Onondaga County Sheriff's Office would not have had responsibility for the custody and control of the 111 unsentenced individuals being held at Jamesville Correctional on October 19, 2015. The Onondaga County Executive would have had authority over these individuals. TOBIAS SHELLEY Sworn to before me this day of Des 3R(2023 Nota ublic 3 3 of 3