Suffolk PBA's large political contributions can continue, ethics board rules

ALBANY – The Suffolk County Board of Ethics has decided the political committees of the Suffolk County Police Benevolent Association can continue making large campaign contributions to politicians who negotiate and vote on the union’s labor contracts.

The decision reversed the ethics board’s 2022 advisory opinion that said the campaign contributions created “a significant appearance of impropriety.” The issue was whether the PBA, an incorporated union, had to abide by the $5,000 corporate limit for campaign contributions under state law, or could contribute hundreds of thousands of dollars from the union and its associated political committees.

The PBA sued, arguing that decision violated the right to free speech for the union and its members. Earlier this month, the county ethics board agreed to rescind its 2022 decision to settle that federal lawsuit.

“This ruling restores the rights of Suffolk PBA members who were unjustly barred from participating in the political process,” said Suffolk PBA president Noel DiGerolamo.

The ethics board said its reversal was prompted by several circumstances.

“The Board has weighed the expense and time-consuming nature of litigation with the predominant issue of whether a violation of the New York State Election Law occurs when an incorporated union exceeds the $5,000 aggregate calendar year political contribution limit imposed upon corporations,” the ethics committee said.

But the ethics board said banning the contributions without the state Board of Elections first determining that the spending violates election law makes defending the 2022 ethics decision under the lawsuit “rather murky at best.”

The ethics board said that, without a determination by the state that the PBA’s contributions over $5,000 are illegal, the 2022 ethics advisory was “premature.”

“This was a discretionary decision to avoid wasting taxpayers’ money,” said John Gross, spokesman for the county ethics board. He said there still should be clarity on whether an incorporated is subject to the $5,000 corporate limit.

“It will be up to the Board of Elections to make a decision,” Gross said.

The issue involved Suffolk Legis. Rob Trotta, a retired Suffolk police officer who has challenged the PBA and its substantial political influence paid for by members’ dues.

“Elected officials should not be able to get millions of dollars in campaign funding and still vote on their contracts,” Trotta (R-Fort Solanga) said. “It’s unfair to taxpayers … and it’s one of the reasons this is one of the highest-cost counties in the country.”

The PBA and its political action committee have contributed more than $1.2 million since 2000 to elected officials in the county and to state legislators from Long Island, according to state Board of Elections records.

The PBA blamed Trotta for the temporary ban that kept the union from donating to “pro-police” candidates “who share our vision of protecting Suffolk County residents and keeping dangerous criminals off our streets,” DiGerolamo said.

Earlier this week, the PBA agreed to pay $50,000 to settle a complaint that its political action committee improperly interfered in the 2021 reelection campaign of Trotta. The union’s associated political action committee — the Long Island Law Enforcement Foundation — supported Trotta’s opponent, a union official, with $251,230 in spending.

In March 2021, Newsday reported that the Suffolk PBA and its subsidiary agencies have become one of Long Island’s most powerful political forces by contributing hundreds of thousands of dollars to campaigns. The recipients include district attorneys as well as mayors and county executives who negotiate labor contracts with police.

Campaign spending limits are intended to curb outsized influence and political corruption among special interests.

The PBA's influence extends to Albany by supporting candidates who opposed some legislation including bills that forced the disclosure of disciplinary files of police officers.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.