WPCNR POLICE GAZETTE. By John F. Bailey. February 2, 2010 UPDATED 2:50 P.M. E.ST.: At the close of the Monday evening Common Council meeting, the Common Council went into Executive Session. After 45 minutes, the Council reconvened and Mayor Bradley announced the Council had voted in Executive Session to ask for a Declaratory Judgment, without explanation.

WPCNR has learned the city is planning a court action asking for a Declaratory Judgment declaring the 2008 Memorandum of Agreement with the police union agreeing to the 12-hour Work Schedule. 

John Callahan, City Chief of Staff told WPCNR Tuesday afternoon "it is the opinion of this administration the Memorandum of Agreement entered into in December of 2008 on Police portion of the agreement involving overtime on 4 hours of the 12-hour shift was not approved by the Common Council." Callahan explained that the 24-hour work shift now being worked by White Plains firefighters was approved legally by the Common Council.

Callahan told WPCNR he expected a law suit asking for a declaratory judgment would be filed in a week to two weeks.

The 12-24 hour work schedules for police and fire departments, respectively,  was put into effect on a trial basis in January 2009. It became "permanent" when the former Commissioner of Public Safety, Dr. Frank Straub did not extend the trial period of the work schedules past the 9-months it had been in effect, allowing it to perpetuate.

 The Common Council in a heated public exchange in November asked Straub to extend the trial, because they wanted to see a more extended financial impact.

 Straub declined to extend the trial period by the deadline. Subsequently the council attempted to terminate Dr. Straub's employment, but Straub abruptly left his position before they could dismiss him.

The Head of the Police Benevolent Association, Jim Carrier was surprised when WPCNR called him asking for comment on the Council decision.

It should be pointed out that the planned action by the city does not dispute the binding arbitration recently handed down raising police and fire salaries 3.5 % and 4% for 2008-2009 and 2009-10.