FOR IMMEDIATE RELEASE
December 17, 2025
Mount Vernon NY- This is a difficult situation, and the City does not take it lightly. As a public employer, the City is required to follow state law, local law, and collective bargaining agreements, and it has done so at every step.
Here are the Facts:
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The officer returned to full duty in April 2020, went out again in April 2023, and has not returned since.
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Under the PBA contract, donated sick leave for catastrophic illness or injury has been available since October 2023 and remains available. The Commissioner's Office provided the maximum 30 days permitted under the City Charter, and PBA members donated an additional 15 days.
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The officer has not accrued sufficient service time to qualify for full retirement benefits, which would not occur until 2030, not within six months as has been alleged. Any determination regarding retirement or disability is made solely by the New York State and Local Retirement System, not the City. Time spent on unpaid leave does not count toward service credit under state law.
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New York State Civil Service Law §73 permits separation after one year of inability to perform essential duties. The City delayed action due to limited medical information, a reasonable expectation of recovery, and the absence of a Line of Duty Injury application.
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Light duty is not automatic and is limited to officers approved under General Municipal Law §207-c. There is no law or policy that allows the City to assign light duty without an approved §207-c application.
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Since April 2023, the City has not received any applications for retirement, light duty or accommodation, medical leave of absence, FMLA, workers' compensation, or §207-c that would change the legal status of this separation.
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The City followed the required process, provided additional sick leave and extensions, and acted responsibly. Failure to complete required paperwork is not a failure of the City.
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Compassion and accountability are not mutually exclusive. The City remains open to working within the boundaries of the law, through the officer's legal representation, toward the best possible outcome.