Rockland County Executive: More Local Enforcement Power Needed

NEW CITY, NY — Rockland County officials continue to respond to complaints of local residents ignoring social distance guidelines put into place in the ongoing fight against the coronavirus pandemic. According to County Executive Ed Day, his office has received complaints from residents who are annoyed and justifiably angry over others ignoring rules meant to protect people from the virus. But Day is also expressing displeasure with the state district attorney’s office, which he said is limiting how much enforcement can take place at the local level when rules set in place by Gov. Andrew Cuomo are not abided by.

In a news release issued Wednesday, Day said that the Rockland Codes Initiative section of the Center for Codes Investigations in the county health department is investigating all complaints regarding mass gatherings and school operations, as well as everyday complaints including garbage and non-compliant housing. While complaints exist, Day indicated that complaints overall have been dramatically reduced at this time.

All complaints are answered with at least a phone call when a field visit is unsafe, Day indicated. After an investigation, enforcement efforts by the county include issuance of a notice of violation, if it is based upon an illicit use of property, they post a notice closing the property. Fines of up to $2,000 per day, per violation, can be assessed.

If someone that receives a fine disputes it they can file an Article 78 proceeding in Supreme Court for court review of the proceeding, Day said.

County health inspectors are responding to the sites of complaints and contacting the appropriate police department to notify them of the findings, unless police are already on site at the time of inspection, Day said. Unfortunately, believes the New York State District Attorney’s Association has recently determined that the Rockland County district attorney and local police officers cannot adequately enforce Cuomo’s orders.

The police have advised county officials that they cannot enforce rules, prohibiting gatherings, closing businesses, etc., that the District Attorney’s Association has found to be mere “helpful hints.”

“The only levels of government that are capable of issuing emergency orders that are enforceable as a matter of law are city mayors, county executives, town supervisors, and village mayors,” Day said in the statement. “We are a nation of laws; this is what the law requires."

Day said he is certain that local entities would protect their populace and follow the type of guidance Cuomo is giving in his orders. However, Executive Order 202.5 superseded localities ability to issue emergency orders related to COVID-19, a valid exercise of the governor’s authority.

On March 27, pursuant to that executive order, county officials submitted a request to the New York State Commissioner of Health to obtain local authority to enforce the Governor Cuomo’s Executive Orders.

Day said the county is now asking that Cuomo and the New York State Commissioner of Health allow for local enforcement of the Governor’s Executive Orders — not just for Rockland County but across our state, please give us the ability to ensure the health, safety and lives of our residents. In the meantime, the county will be re-submitting our original request for a local Emergency Order which does allow for local enforcement by police agencies.

“This situation has completely hamstrung law enforcement’s ability to enforce these orders,” Day said. “This has placed a significant burden on the County’s health inspectors, whose regular job does not include maintaining public order, a task they are not trained or equipped to handle.”