Pat-Frisks of Jail Staff An Improper Intrusion; No Cause, and Violates Contract
By SIDNEY SCHWARTZBAUM
On Aug. 16, at the Anna M. Kross Center on Rikers Island, uniformed staff was subjected to pat-frisks prior to entering the main corridor of the facility. These actions were carried out under the supervision of Deputy Commissioner of Investigations Richard White.

Mr. Schwartzbaum is the president of the Assistant Deputy Wardens'/Deputy Wardens' Association.

Supervisory and line staff of the New York City Department of Correction fully understand and embrace remedial measures to address integrity issues in our jails. However, the old adage, "It's not what you do, but how you do it" rings true in this instance. The method and means in undertaking this search initiative was amateurish at best, and quite possibly a violation of employees' rights.

Exceeded Normal Screening

Normal routine procedures dictate that all staff must pass through a magnetometer, and place all personal items into a bucket, which then passes through a fluoroscope (x-ray line scan) machine. What was unprecedented was the pat-frisking of uniformed staff and dictating the removal of their shoes, without reasonable suspicion. Had the Department of Correction searched an individual(s) with reasonable suspicion, rather than employing random searching of groups of employees, I would not be outraged.

Departmental Directive No. 4508R-D, entitled "CONTROL OF AND SEARCH FOR CONTRABAND" is a 37-page comprehensive document outlining the many procedures relative to searching for contraband. It has been policy for decades that all civilian and uniformed personnel (regardless of rank and excluding members of the Inspector General [DOI], Investigations Division, State Commission of Corrections, and Board of Corrections) undergo a magnetometer and line-scan search.

To randomly pat-frisk uniformed staff without cause of reasonable suspicion is most definitely a change of "conditions of employment" and what we believe to be a mandatory subject of bargaining. Page 3 of Departmental Directive No. 4508R-D defines "Tour Commander" as the Assistant Deputy Warden responsible for the proper execution of departmental and institutional rules, security procedures, and for the conduct of all employees assigned to their tour of duty. The fact that the "Tour Commander" (the highest-ranking person on duty on Aug. 16, 2008) was pat-frisked without cause is a disgrace and unacceptable.

Treated Worse Than Inmates

Let us not forget that this is the same Department of Correction and the City of New York that are embroiled in the "McBean Litigation" for the inappropriate searching of inmates without reasonable suspicion. Is it not the same Executive Staff rendering the decisions to pat-frisk staff without cause that is also responsible for the incompetence in the "McBean Litigation," and the potential loss of $70 million to the City of New York?

Commissioner Martin Horn espouses the mantra of "we should treat our worst incorrigible prisoners with the same degree of respect as we would want our children treated." Commissioner Horn and Deputy Commissioner White should at least apply that same degree of respect to our uniformed staff, which does a thankless and dangerous job. To do otherwise is unconscionable and unacceptable.