Gov. Kathy Hochul refuses to take a stand on the issue of “qualified immunity” for cops — prompting challenger Lee Zeldin to accuse her of lacking a “moral compass” amid surging crime that has New Yorkers on edge.
Ahead of the November election, Hochul has been cagey when it comes to the legal doctrine that shields law enforcement officers from liability in civil suits alleging misconduct.
New York City eliminated qualified immunity for the NYPD last year but several similar measures introduced in the state Legislature died in committee when its most recent session ended last month.
In a questionnaire submitted to Manhattan’s Jim Owles Liberal Democratic Club before the June 28 Democratic primary, Hochul said she “supports efforts to increase accountability and transparency in law enforcement,” suggesting that she favored eliminating qualified immunity.
But when asked by The Post for clarification on the governor’s position, a spokesperson declined to elaborate, saying only that Hochul “will review the legislation if it passes both houses.”
The spokesperson would not provide a direct answer when pressed Tuesday on whether Hochul would veto or sign such a bill.
National Police Foundation President Michael Palladino called Hochul’s waffling “a sure indication she prefers to lead from the back.”
“Stripping cops of qualified immunity spells even more trouble for innocent, law-abiding New Yorkers because it discourages cops from engaging on the public’s behalf while encouraging an already emboldened criminal population,” said Palladino, a former head of the NYPD’s detectives union.
“These are dangerous times and public safety is fragile, at best.”
In contrast, Republican candidate Zeldin’s campaign platform says flatly that the outgoing Long Island congressman would “keep qualified immunity.”
“Our amazing men and women in blue should be allowed to do their jobs without having to second guess themselves all day long, worrying that anyone and everyone they cross paths with may sue them personally for anything,” he said Tuesday.
The Long Island congressman also said that the governor’s “pathetic failure to take a position on qualified immunity proves once again just how weak and unprepared she is to lead our state.”
“Hochul doesn’t take positions based on any moral compass,” he said.
“She just flaps away in the wind, only disclosing her positions when her political 8 Ball reveals what she should say and do next.”
Eugene O’Donnell, a former NYPD cop and professor at John Jay College of Criminal Justice, also said the potential elimination of qualified immunity statewide would be a “disaster” and that “Gov. Hochul needs to lead.”
“It’s not a partisan issue, it’s a practical issue,” he said.
“The cops need the leeway. They’re good Samaritans and they need the leeway to intervene, to make good-faith mistakes and they need that more than ever now as cities are in crisis across the state of New York.”
A state trooper said that if Hochul “wants to protect New Yorkers, then she has to protect law enforcement officers who are hired to protect the citizens of New York,” adding: “One way to do that would be to make sure officers have qualified immunity.”
A Nassau County cop also said, “The longer she waits just shows she is stringing us along. She is becoming a seasoned politician.”
Assemblymember Pamela Hunter (D-Syracuse), who sponsored one of the bills to eliminate qualified immunity, said, “I do intend on reintroducing it and I’m going to work just as hard next year as I did this year to get it over the finish line.”
“This is wanting to make sure we protect constitutional rights that are violated by public servants. Period,”
During a Manhattan news conference Tuesday, Hochul acknowledged “the very real fears that people have about their public safety” after being asked about the Upper Manhattan bodega clerk charged with murder in the July 1 stabbing of an ex-con who attacked him behind the counter.
“It’s not the role of the governor to make those local decisions,” she said.
“So my opinion — my opinion is this: We need to continue to do more to protect New Yorkers in this state.”