In March 2024, Sergeant Jonathan Hagenmayer, president of the Deputy Sheriffs Benevolent Association of Onondaga County (DSBA) in New York, issued a press release and Facebook post after a deputy was injured in the county jail. The release described the dangers of correctional work and the risks posed by understaffing. In response, the Sheriff’s Office directed Hagenmayer to remove the post, charged him with misconduct, and suspended him for five days. Shortly thereafter, the undersheriff issued a written order prohibiting Hagenmayer from making any public statements concerning “criminal investigations and/or Sheriff’s Office business” without prior approval. The DSBA filed an improper practice charge under the Taylor Law, New York’s public employee labor law.
The ALJ held that Hagenmayer’s press release and Facebook post were protected activity, and that the County’s discipline constituted unlawful retaliation. The post was union speech concerning the terms and conditions of DSBA members’ employment. It highlighted issues of staffing and officer safety, specifically characterizing the event as “a reminder of the dangerous environment” that the DSBA’s “members are exposed to daily.” Although the County argued its discipline was based on a rule against publicly commenting on ongoing investigations, the ALJ found that rationale pretextual. Because Hagenmayer’s post disclosed no confidential information and would pose no threat to the integrity of the County’s investigation, the County’s discipline did not serve the rule’s stated purpose. Moreover, the record showed that the County had not consistently enforced the rule or disciplined another public safety officer that contributed statements to press reports on ongoing investigations, further undermining the asserted necessity of enforcement against Hagenmayer.
The ALJ also found the undersheriff’s directive requiring prior approval of any statement concerning Sherriff’s Office business unlawful, constituting deliberate interference with the DSBA’s representational rights. By sweeping in virtually all matters affecting members’ employment, the order deliberately interfered with the DSBA’s ability to communicate with its members and the public about its representation and workplace issues.
The County was ordered to rescind the discipline and the directive, make Hagenmayer whole with backpay and interest, and post a notice affirming employees’ rights under the Taylor Law.
Deputy Sheriffs Benevolent Association of Onondaga County, Inc., v. County of Onondaga, et al., Case No. U-39320 (N.Y. PERB ALJ Aug. 19, 2025).