With court hearings under way regarding a possible federal takeover at Rikers Island, the city is stepping into a legal gray area in a last-ditch bid to show it is capable of fixing the troubled jails complex.

While the appointment of a receiver once seemed inevitable, many familiar with the situation think the city has bought itself more time with its action plan released last week, which calls for an “infusion of external correctional expertise” into the Rikers facilities. The city argued that it would work “within the contours” of state and local laws that impede the Correction Department’s “ability to bring in outside expertise.”

A former director of New York City’s Office of Criminal Justice, Elizabeth Glazer, told the Sun that she thinks the city may have been successful in avoiding receivership, for now.

“I think it’s very unlikely that a receiver will be appointed today; there will be a lot of discussion on the plan that the city submitted last week,” she said Tuesday.

The city plans to revamp “the current system of uniform leadership,” including “civilian appointments to Deputy Commissioner positions that will assume the traditional roles and responsibilities of the top uniformed Chief positions.”

The ability to bring in “outside expertise” has been a sticking point in the debate over the merits of receivership.

Some argue that a receiver’s ability to take dramatic actions to affect change at the island without the restraints of local laws or collective bargaining agreements would be beneficial. The New York City Administrative Code requires that members of the “uniformed force,” including wardens, be hired from within the department.

The city has signaled that it may be willing to test these rules in order to avoid the potential embarrassment of receivership, and it could soon have the chance to do so. Two top correction department officers, Chief of Department Kenneth Stukes and Chief of Facility Operations Ada Pressley, are retiring in June and July, respectively.

A former assistant deputy warden, Mark Bullaro, who spent 29 years at the Department of Correction and now teaches at John Jay College, argues that the city’s idea of replacing chiefs with outside civilian experts is unlawful and would be detrimental to the department.

“The city has wanted this for years — to bring in civilians to replace uniformed staff,” Mr. Bullaro told the Sun. “I would argue hiring civilians as chiefs would be a violation of the city code.”

He added: “I think it’s just a matter of time before they start hiring civilians to replace wardens. As far as removing the chiefs and filling them with civilians, I’m opposed.”

The timing of the officers’ retirement announcement was serendipitous, as it came about a day before the court hearings on Rikers receivership were scheduled.

“The  judge may give them more time,” Ms. Glazer said of the development. “Definitely, the city is trying to earn that time, with top brass stepping down.”

The court will decide whether the city’s action plan appears to be sufficient to address the situation at the jails complex. It is investigating not only the city’s intentions to make changes, but its legal authority to do so.

The court is looking to ensure the city has “the appropriate legal mechanisms that provide the Commissioner and the City the necessary tools and authority to fully implement” changes to the island.

There will be human consequences to any action. Sixteen people died at Rikers Island last year, and five have died so far in 2022.

Slashings and stabbings at the island, a key indicator of the situation at the jails complex, are on track to reach or exceed 2021’s levels. There were 66 such attacks in March 2022, after 420 in 2021.