Newsday from New York, New York on October 20, 1978 · 5
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Newsday from New York, New York · 5

New York, New York
Issue Date:
Friday, October 20, 1978
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i i i- V-f" V Police Against By Alison Mitchell ! New York— A State Supreme Court Justice threw out the recently enacted city residency requirements for police fire fighters and other uniformed employees yesterday in a wide-ranging decision that left the door open to Similar challenges from other municipal workers The city will appeal said Doron Gopstein a city attorney The ruling came in response to a suit brought by several unions representing uniformed employees who work in the police fire and corrections departments Hie decision was handed down less than two weeks before the new City Council legislation was to take effect The law requires any new municipal employees to live within New York City and forbids all city workers living within the five boroughs to move out if they want to keep their jcbs Ruling on the legislation as it applies to the uniformed employees Justice Sidney H Asch said in a 23-page decision: "Hie legal infirmities of Local Law 20 are so glaring that this attempt by the New York City Council to impose residency as a condition of municipal employment is clearly invalid” The key point in Ascii's decision was that the state’s Public Officers Law — which requires uniformed personnel to live within a certain proximity to their place of work — but not necessarily within the city in which they work— s upercedee the city’s residency requirement The State Legislature enacted those requirements in 1963 a year after New York City repealed a residency law for municipal employees which had been on its books since 1937 Asch rejected the city’s contention that the Public Officers Law violated the city’s right of home rule In his decision he also pointed out that the new residency law by requiring city agencies to fire any employee who moved out of the city violates Heavy Guard at By Kenneth Gross Kew Gardens— The routine traffic : along Queens Boulevard froze as if caught in a photograph Hie police caravan swept in with lights flickering sirens sighing Plainclothesmen in flak jackets leaped out of still-moving ‘cruisers running backward like football blockers with their shotguns tucked in tight ' On surrounding rooftops police sharpshooters nested under a hovering police helicopter A green van broke away from the caravan and slipped into the driveway disappearing behind the corrugated doors of the Queens Criminal Courts Building No one on the street saw the prisoner sealed inside the -William Morales 28 accused of being a Puerto Rican terrorist We received a tip from a source that is reliable that the entry would be interfered with” said hup Frank Sullivan the head of Queens detectives Morales who was mutilated in an explosion on July 12 at-whaf: police have called an FALN bomb factory in East Elmhust wore a grain sweatsuit when he finally appeared yesterday in the first-floor courtroonv-Jbr ar- raignment on an indictment'Despite ’ report ‘Of major fecial damage at the timed! theexpldsienthd infywgrf of Fire Fighters Win Suit City’s Residency Law the terms of the state’s civil service law which provides that no employees shall be fired except for misconduct or malfeasance— and then only after notice and a hearing Asch left the door open for passage of another local residency law "but not without the authorization of the New York State Legislature and better legislative draftsmanship” The city has been trying for some time however to get such action in Albany with no success Although he did not rule on the contention of PBA attorneys that the residency requirement also violated First Amendment rights of privacy the judge said: "By building a walled city you may prevent outsiders from coming in to fill jobs but at the same time you may be creating a ghetto into which municipal employees are locked with their fife choices limited” Sam DeMilia the president of the 18000-member Patrolmen’s Benevolent Association was jubilant yesterday "We knew all along this law was wrong’’ he said ” The City Council had no right to supercede the State Legislature” Water Sewer Waivers Vetoed New York— Mayor Edward L Koch and City Council President Carol Bellamy broke the city’s tradition of giving free water and sewer services to tax-exempt institutions yesterday a move that they said was precipitated by the city’s fiscal fragility The change in policy is expected to raise 325 million in city revenues Hie action came during a formal meeting of the Board of Estimate the city’s top decision-making body Koch and Bellamy had given notice to their fellow board members — the city controller and the five borough presidents — last month that they would it yesterday was a large patch over his right eye but most of both hands was missing As he entered the courtroom lined with a dozen court officers SO people in four rows stood and raised clenched fists Morales raised what remained at his right hand in reply He nodded to a woman in the fifth row identified as his wife and she nodded back Hien he slumped on the nil bring Justice Bernard Dubin Susan Tipograph his attorney denied the allegations in the eight-count indictment saying that Morales was not a member of the FALN She also charged that Morales had received no medical attention since his arrest "He has been kept in Biker’s Island prison which is a joke" she said "His condition is degenerative which means that he will keep getting worse Assistant District Attorney John Ryan asked for $l-million hail contending that all known members of the FALN are fugitives "That's not bail” Ms Tipograph said "That's ransom There’s no dan-ger of my client fleeing” - "1 think that there's a strong danger” the nidge said "And I set bail at $5004)00” Dubin" also1 ordered medical attention for Morales Then thfi' " vi n 'ttaraton ieturhedi to Bite'll v Heavffy guarded vanr cariyingteriDrirtauspecLalips jrtoooutto budding q "We’re delighted” added Ed Jennings the president of the Uniformed Firefighters Association But city officials did not concede defeat Council President Carol Bella- my stressed that the ruling would be appealed And Councilman Michael Demarco (D-Bronx) the bill’s sponsor said "My own feeling is that this will be reversed” But a spokeswoman for the United Federation of Teachers said that the union is particularly heartened by Asch’s finding that the residency law violates state civil service law — a finding that union leaders feel will bolster their own case against the law The 65 000-member union was due to appear in State Supreme Court in Manhattan today to seek a preliminary injunction against the city’s residency requirement insofar as it may affect employees of the Board of Education and the Board of Higher Education Hie union also plans to contest the residency resolution passed by the Board of Education— which claims sole jursidiction over school emj ees— fter a stormy meeting day night less than 24 hours before begin casting negative votes which are tantamount to vetoes on applications fin: waivers of water and sewer charges that have accrued to tax-exempt institutions since July 1 A dozen applications for such waivers came before the board yesterday Almost all of them related to charges that had accrued before July 1 However two of those waivers included charges since July 1 Koch and Bellamy approved them but only after specifying that those tax-exempt institutions had to pay the charges that had accrued since July 1 The charges to the Catholic Church of the Epiph FALN Hearing the court ruling The resolution makes city residency mandatory for all new employees of the Board of Education beginning Nov 1 It also requires any nonresident employees accepting a promotion to the level of elementary school principal or higher to move into the city Robert Terte a Board of Education fpnkMiMii said that board members had not seen yesterday’s court decision and did not know how or if it would affect their own residency rule The City Council passed its resident law in July after trying unsuccessfully for about seven years to persuade the State Legislature to put a city residency requirement into effect The city’s efforts ran into opposition primarily from Republican suburban legislators A spokeswoman for Bellamy said that she would urge the legislature again to pass a residency requirement for New York City employees if the city loses all appeals And a PBA spokesman said that De-mili had instructed his Albany staff "to watch very carefully for any attempt by the city-to move quietly in the State Legislature to pass a residency bill of this type” any in Brooklyn and the Opportunities Industrialization Center in the Bronx amounted to $15091 — the first of revenues that Bellamy and Koch maintain will eventually total $25 million this year Koch and Bellamy had sent letters to 2300 of the city's 4000 tax-exempt institutions last July asking for voluntary contributions to the city in lieu of taxes Fewer than a hundred organizations replied and all the replies were negative Koch said So he and Bellamy decided that the city should begin charging fiir sewer aid — Continued on Page 23

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