BUFFALO, N.Y. (WKBW) — Three Buffalo Common Council members are calling on Mayor Ryan to rescind or amend a 2020 executive order they say is preventing police from making arrests for low-level crimes.
Common Council members Joel Feroleto, Zeneta Everhart and Chris Scanlon submitted a resolution Thursday asking Mayor Sean Ryan to revisit the order.
Under current policy, people charged with low-level crimes in the City of Buffalo receive an appearance ticket rather than being taken into custody. The resolution would give police officers the discretion to make arrests and bring suspects to central booking.
Feroleto said the change is needed to address repeat offenders.
"We think that there are instances where people should be arrested for the crimes that they commit," Feroleto said.
He pointed to retail theft as a specific concern.
"When you see someone repeatedly going and doing a retail theft, and then they're back at the same retail establishment within hours, that's concerning," Feroleto said.
WATCH: Buffalo council members call on Mayor Ryan to change 2020 executive order limiting police arrests
Scanlon echoed that sentiment, saying officers should have authority to take someone into custody when they believe it is warranted.
"If something's taking place where an officer feels that that person committing that incident should be taken into custody, they should have the authority to do so," Scanlon said. "Not have to be required to issue an appearance ticket."
John Davidson, president of the Buffalo Police Union, said the change would allow police to act on repeat offenders, noting that under the current system, people are processed away from where the incident occurred.
"You're not going to spend the night in jail," Davidson said. "You're going to be given an appearance ticket and all that paperwork will be done downtown away from where you're causing trouble."
Andrea O Suilleabain of the Partnership for the Public Good, which advocated for the 2020 reforms, questioned the need for the resolution, arguing that officers already have authority under New York State law and that it's the police department's own policy to issue appearance tickets.
"I do think it's unnecessary," she said. "No matter what the potential offense or instances, if they think the person poses a danger, they can use their discretion to make a custodial arrest," Osuilleabain said. "So, when that is New York State law, there's no reason that we need to be drawing anything back or changing what the policy is in Buffalo."
Mayor Ryan said that the administration is reviewing the order.
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