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PEP Nov. 2008
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Public Employee Press

Court busts Police Dept. for blocking
an Urban Park Ranger’s promotion


Union legal action won required Peace Officer status for Urban Park Ranger
Bruce Langston.

Urban Park Ranger Bruce Langston is an exemplary employee of the Parks Dept. But when he applied for Peace Officer status two years ago — with glowing performance evaluations, recommendations from managers, military service and college credits — the Police Dept. said no.

He called Local 983, which fought back and won with the aid of the DC 37 Legal Dept.
Langston completed training as an Urban Park Ranger. The unarmed UPRs patrol city parks, maintain crowd control and issue summonses. As a condition of employment, they must be deputized as Peace Officers by the NYPD so they can make arrests.

To be deputized, he had to complete an application including full disclosure of prior arrests and convictions, even where charges were dismissed, and authorize the release of information from his confidential and sealed records. The background check revealed arrests the Police Dept. said Langston had not explained in the required notarized statement.

Although Langston produced certificates showing that those charges had been dismissed 15 years ago, the NYPD denied his application.

Grievance Rep and Local 983 Treasurer Thomas Testa handled Langston’s appeals, which took 18 months and ended up in state Supreme Court, where DC 37 Assistant General Counsel Joseph Barrett represented him.

“Langston’s application should be considered in the light of the presumption of rehabilitation and policy considerations underlying the Correction Law,” ruled the judge, who ordered the NYPD Licensing Division to hold a hearing to consider evidence as to Langston’s character and fitness for the position of Urban Park Ranger.

“This was a significant victory because courts seldom overrule such agency decisions,” explained Barrett.

On April 18 the Police Dept. deputized Langston as a Peace Officer. “I am very happy that my union stood by me and my supervisors believed in me,” said UPR Langston.

“Local 983 is proud that our member was able to win Peace Officer status and keep his job,” said Local President Mark Rosenthal.

 

 

 
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