ALBANY, NY (WENY) -- The Chemung County Executive and Chemung County Sheriff have filed a lawsuit against New York Governor Kathy Hochul, and Department of Criminal Justice Services Commissioner Rossana Rosardo, following an executive order signed this week that bars the hiring of corrections officers who participated in a wildcat strike from being hired for public and civil service positions.

According to the attorney for Chemung County, Executive Order 47.3 unlawfully interferes with local hiring authority, makes worse existing staffing shortages at the Chemung County jail, and poses an "unconstitutional blacklist" on affected corrections officers.

“This order places an unnecessary burden on local governments and disregards our authority to make hiring decisions that best serve our community," said County Executive Chris Moss. 

The Governor's executive order bars those who participated in the strike being hired into any state service, citing New York's Taylor Law, that prohibits public employees from striking. It also limits hires for county and municipal civil service positions, affecting corrections officers from seeking employment with county sheriff's offices, or local law enforcement. 

"We are taking this action to protect our ability to staff our jail with experienced personnel and to stand against unconstitutional overreach," said County Sheriff Bill Schrom.

The county's lawsuit seeks to have the executive order overturned, saying it exceeds the Governor's authority, and unfairly penalizes the terminated corrections officers who from seeking employment in county correctional facilities.

Some 2,000 corrections officers who participated in the 22-day strike at correctional facilities statewide who did not return to work on Monday, March 10. According to the state, bout 10,000 prison personnel returned to work, and more than 6,000 National Guard members remain deployed to correctional facilities. 

The complaint was filed in Albany county, and requests that the the executive order is vacated and annulled; if that does not happen, it requests that the order allow Chemung County to hire the former DOCCS employees at the county jail. 

A copy of the lawsuit can be read here: