Voters will decide whether Rochester should establish a Police Accountability Board, a panel of judges decided Thursday.

The decision by the Supreme Court's Appellate Division clears the way for the November referendum while leaving open the possibility for further court action should voters approve.

At issue is whether to establish a Police Accountability Board as an independent office of city government. The nine-member board, as proposed, would be empowered to investigate allegations of misconduct by sworn officers up to and including the chief, and assess Rochester Police Department practices and procedures. The board would be assisted by an executive director and staff.

City Council unanimously OK'd the underlying legislation back in May. The police union sued last month, claiming the board would violate state and federal law, the City Charter and their labor contract. State Supreme Court Justice John Ark issued a preliminary injunction, allowing the ballots to be printed with the question, but saying the Board of Elections could not count the votes until further determination of the court.

The city appealed. In its decision, the Appellate Division found that the union "failed

to establish that they would suffer irreparable injury if the referendum were permitted to proceed."

"We note that the substantive merits of the Local Law are not before us," the judges said in their ruling, "and that our determination does not bar a subsequent action in the event that the referendum is approved by the voters."

City Council President Loretta Scott expressed gratitude for the quick ruling on the city's appeal.

"Today’s unanimous decision is a victory for democracy, no one’s voice should be silenced on this important issue," Scott said in a statement.

Police union President Mike Mazzeo, however, saw the response as limited, addressing only the temporary stay but not the merits of the proposal. In a statement, he argue: "While the vote can go forward the legislation still faces significant legal challenges." Mazzeo was not immediately available for further comment.

BDSHARP@Gannett.com