Bronx prosecutors threaten walkout over work complaints — but DA warns of ‘strike’ law
So much for law and order.
A group of rogue prosecutors at the Bronx District Attorney’s Office threatened to walk off the job over poor working conditions if their demands were not met by Monday, prompting their boss to suggest they could end up arrested under state law, The Post has learned.
The livid government lawyers used the email address “[email protected]” to send the threatening missive to District Attorney Darcel Clark on Nov. 5, according to a copy of the note obtained by The Post.
The disgruntled crew are internally known as “line assistants,” or the city’s rank-and-file assistant district attorneys who handle most criminal cases coming through the court system.
“Line assistants stand together during these unprecedented times,” the email said. “Management is aware of the GREAT RESIGNATION and has failed to act, failed to protect Line assistants mental health, happiness, and financial status.
“Line Assistants request that you restore comp days and pay us a fair wage for holiday shifts. Line Assistants want to pursue justice with integrity but you are forcing us to flee in drastic numbers.”
The prosecutors threatened that if their “simple requests are not met,” they would collectively use either sick time or paid time off on a “day of our choosing” that the office “will not have notice of.
“We will wait until November 14, 2022 at 9am for a response before we act,” the letter said.
If a large number of the ADAs, who don’t have supervisory roles, were to take off on a single day without notice, it would be “very bad,” said a former city prosecutor.
“That would just completely upend the work of the office,” the lawyer told The Post, calling the threatened walkout “amazing.”
Clark managed to stave off the potential debilitating walk-out by responding in a staff-wide letter two days later. While she did note she was “deeply disappointed in the tenor and tone” of the email, she seemed to try to play nice by acknowledging the workers’ gripes and promising that a hybrid workweek and salary increases were in the works.
“Please understand that other stakeholders in the criminal justice system – the courts, defense bar and other prosecutor offices – are experiencing the same challenges in retention as well. We are not alone in feeling the weight of holding this system together through our sweat and grit,” Clark wrote to staffers.
“Our finance team has worked hard with us to shift resources to appropriately provide yearly increases and bonuses. … Stipends for working nights, holidays and weekend shifts were already discussed and approved.”
Three days later, an opposing group of assistant district attorneys jumped into the fray under the email handle “[email protected]” and called on Clark to fire the complaining prosecutors, who they described as “cowardly,” “entitled and selfish.
“A small group of entitled and selfish ADAs (who cowardly hide behind an anonymous gmail address) have decided to advance ‘demands’ to the 9th floor leadership. … I and many other current and former assistants are appalled at this behavior,” read the email, which was also sent from an anonymous account.
“We sincerely hope that you do not stand for or capitulate to these demands. Moreover, we sincerely hope that you terminate any insubordinate employee that you discover to be associated with this petulant unrest.
“The select few who participate are not only harming the Office’s mission but they are creating more work for the many assistants who choose to show up every day. … We hope that the consequences are harsh.”
A few hours later, Clark fired off another letter to staff — this time warning the rebel “line assistants” that they could be in violation of the state Taylor Law if they take part in the walkout. The law prohibits public employees from striking and allows them to be jailed if they do.
“I want to be clear that anonymous email exchanges, especially those including veiled threats, are not part of the culture we want to embrace at this Office,” her email said.
“This anonymous communication fell short of our standards because it does not promote transparency, and it is not representative of the decorum or professional courtesy embodied by our dedicated staff. Threats of a ‘walkout’ not only jeopardize the people of the Bronx, it also places uncertainty on our colleagues.”
She warned there would be “consequences” over a walkout. Clark said their actions would be “akin to a strike” and cited the state Taylor Law, which prohibits public employees from striking and could land them in jail.
“We remain willing to meet anyone who wishes to discuss the contents of the ‘bxdawalkout’ email further; and we are prepared to pursue legal remedies along with disciplinary action, if necessary,” the missive concluded.
A spokesperson for Clark said in a statement that “consequences could include dismissal and the DA is not suggesting, implying or saying anyone would be arrested.”
In March, the borough’s top prosecutor acknowledged the issues her staff is facing.
During a City Council hearing, Clark testified that rising crime and stringent discovery reform, which was implemented alongside New York’s controversial cash bail overhaul, has led to a “marked increase in attrition.”
Clark said her office alone lost 96 lawyers and 51 professional staffers during the 2021 fiscal year — and up to 104 attorneys and 90 staffers by the end of February this year.
“Former staff have cited the responsibilities of discovery, managing the backlog of cases, and increased night and weekend shifts among their main reasons for leaving the office,” Clark told the council.
“People are in tears telling me that they love the work they do for the Bronx community,” she said.
“But now the job is overwhelming.”
