City Council Mounts Legal Defense of Paraprofessional Wage Act Following Mayoral Lawsuit

NEW YORK, NY — City Council Speaker Julie Menin and Civil Service and Labor Committee Chair Carmen De La Rosa announced Wednesday night that the municipal legislature will retain outside constitutional counsel to defend the RESPECT Check Act against an emergency legal challenge filed in New York State Supreme Court.

Statutory Framework and Collective Bargaining Dispute

The contested municipal statute, enacted earlier this month without mayoral signature, mandates $10,000 workforce retention and stabilization stipends for more than 24,000 public school paraprofessionals employed by the Department of Education. The mayoral administration’s complaint contends that the council exceeded its legislative authority under the state Taylor Law (Civil Service Law § 200) by directly legislating salary enhancements that are traditionally reserved for collective bargaining agreements.

Speaker Menin countered that the measure addresses chronic classroom shortages that cost the school system tens of millions in contractual overtime, noting that the stipends represent emergency retention investments rather than permanent base wage adjustments.

Fiscal Impact on School Operations

According to the Independent Budget Office, the $240 million appropriation provides direct relief to support personnel earning median starting salaries of $32,000 annually. The United Federation of Teachers filed a motion to intervene in support of the Council, arguing that administrative delays in deploying support staff violate state special education mandates.

Legal scholars noted that the litigation will establish significant municipal home-rule precedent regarding the boundary between legislative appropriations and executive collective bargaining prerogatives.

Court Schedule and Injunction Hearings

State Supreme Court Justice Arthur Engoron scheduled initial oral arguments on the city's motion for a preliminary injunction for September 3, 2026.