The Fire Lines - December 2008

The Bravest OFFICIAL PUBLICATION OF THEUNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK

President’s MessageBy STEPHEN J. CASSIDY

VOL. XLIV NO. 4, 2008

On December 24th, inresponse to the ManhattanDistrict Attorney Robert

Morgenthau’s report on theDeutsche Bank Fire, I wrote the fol-lowing op-ed for the New YorkPost.

It comes down to this: TheFire Department of New York - and,particularly, its Commissioner andother top brass - bear chief respon-sibility for the deaths of two fire-fighters in the August 2007 blaze atthe Deutsche Bank building inLower Manhattan. That’s what theManhattan DA, in essence, hasfound. And now, Mayor Bloombergneeds to act on it.

The 16-month investigationended with the indictments of threeconstruction supervisors who over-saw the contaminated building’sdemolition - highlighting many fail-ures that led to the deaths of fire-fighters Robert Beddia and JosephGraffagnino. But the report statesthat, whatever the failures of otheragencies and/or criminal activities

of contractors responsible for abate-ment and deconstruction of thistoxic tower, the New York City FireDepartment had the ultimateresponsibility to ensure that fire-fighters could operate safely in thebuilding. It absolutely failed to doso.

District Attorney RobertMorgenthau went to great lengths tohighlight the failures of FireCommissioner Nicholas Scoppettaand then-chief of operations andnow Chief of Department SalCassano, naming them repeatedly(if only by title).

The DA showed that theFDNY leadership knowingly acted

to throw three other fine fire offi-cers under a bus, by blaming themfor failures to inspect the DeutscheBank building. Morgenthau report-ed that the FDNY leadership didthis with full knowledge that it wasits own failures that sent hundredsof firefighters into this toxic high-rise building with no water to fightthe fire and virtually no way out.

What’s more, the DA deter-mined that, as early as February2005, a critical FDNY memo con-taining recommendations for anemergency firefighting operationsplan for the building was sent to thethen-FDNY chief of operations.The chief failed to act and, as aresult, there was no fire-operations

Lt Robert J. Ryan

5-5-5-5

Prob FF Jamel Sears

(Continued on Page 2)

w w w . u f a n y c . o r g

Fire LinesNO. 4 2008

plan in place the day firefightersBeddia and Graffagnino died.

The DA also found that justthree months before the fatal fire,Scoppetta himself responded, visit-ing Engine 10 and Ladder 10 after a15-foot length of pipe fell from theDeutsche Bank building, crashingthrough the roof of the firehouse.The report details that the fire com-missioner, accompanied by seniorstaff, ascended to the roof of thefirehouse to assess the damage.

An event that drew the firecommissioner to the scene of theDeutsche Bank building was agolden opportunity to right all ofthe department’s previous failures,but instead, the DA found thatScoppetta and his staff took noaction.

“Time and again the firedepartment missed opportunities touncover the dangerous conditions atthe Deutsche Bank building,”Morgenthau said.

Now, after more than 16months of waiting for a conclusionto this report, the roles of the firecommissioner and the current chiefof department are raising manyquestions about their ability to leadthe FDNY.

They hid their actionsbefore the fatal Deutsche Bank fireand never brought them up duringthe FDNY’s own internal investiga-tion. If not for the grand jury andthe DA’s investigation, no onewould have known that these fail-ures existed at the very top of thefire department.

The willingness ofScoppetta and Cassano to blameothers for their own failures showsa lack of integrity and an abdicationof the right to command others. It is

clear that rank-and-file firefightershave lost confidence in the leader-ship of the department in light ofthe DA’s findings.

The DA’s report cries outfor accountability. “Sovereignimmunity” prevented him from tak-ing further actions. Morgenthau hasdone his job. The ball is in themayor’s court.

****************The UFA Contract was rati-

fied on December 11th with 97% ofthe membership voting to acceptthe terms and conditions. I wouldlike to thank the membership fortheir support.

We continue to mourn theloss of two firefighters who recent-ly died. Probationary FirefighterJamel Sears, 33, collapsed aftercompleting a training exercise onRandall’s Island. He was taken toMount Sinai hospital but neverregained consciousness and died onTuesday, November 11th.Firefighter Sears, a four-year Navyveteran, joined the FDNY in July.He was a Bronx native and is sur-vived by his wife Sherita Sears - acity cop in the 41st Precinct - andtheir two children, son Mahlek, 12,and daughter Jya, 8.

On Sunday, November23rd, Lieutenant Robert J. Ryan,46, a 17-year veteran of the NewYork City Fire Department, diedwile fighting a fire in Staten Islandwhen a ceiling in the attic of theburning home collapsed on him. Hewas assigned to Engine 155 morethan two years ago. He wasappointed to the Fire Departmenton April 14, 1991. He was previous-ly assigned to Engines 228, 280 and282 in Brooklyn, Engine 6 inManhattan, the 4th Battalion inManhattan, and the 22nd Battalionin Staten Island. He was promoted

to the rank of lieutenant in March2001.A lifelong Staten Island-resi-dent, he is survived by his wife,Kathleen; a son, Chris, 17; a daugh-ter, Kayla, 12; a stepson, Alex, 10;and a stepdaughter, Emma, 8.

On December 4th, theDepartment announced its budgetcuts in response to the Mayor’srequest. The Department has saidthat on January 17th it will close thefollowing units at night: Ladder Co.53 in the Bronx, Engine Co. 271 inBrooklyn, Engine Co. 4 inManhattan, and Engine Co. 161 inStaten Island. The fire-responsepresence at Governor’s Island willalso be permanently closed. TheDepartment has announced theyexpect an eventual $8.9-millionper-year savings because of theclosings. Nonetheless, this moveclearly compromises public safetyand threatens civilian and firefight-er lives.

In spite of all the recent tur-moil in the Department, the UFAremains committed to fighting forthe safety and interests of firefight-ers. With this in mind, theExecutive Board and I would like towish each of you and your familiesa very happy and enjoyable holidayseason. We look forward to repre-senting your interests in the NewYear. I can assure you that the UFAwill tirelessly fight to protectagainst cuts in manning and fireservice. Our hope is that 2009 willbe healthy and happy for each ofour members and their families! Asalways, stay safe!

(Continued from page 1)

Tough Timesin

Albany and CityHall

The past 6 years have beenvery successful for the UFA.We have seen groundbreak-

ing legislation passed as a result ofa successful Political Action andLobbying program. Some of themost important pieces of legislationthat were passed were the StrokeBill, Citizen Soldier Salary Act andthe World Trade Center Bill along

with the various improvements andrefinements. Now for the first timeever, retirees that develop WorldTrade Center related illnesses fol-lowing retirement, qualify for a dis-ability pension. More importantlyif it is a fatal illness their spousewill continue to receive their pen-sion.

This past election we sawthe Republican majority decrease inthe Senate. At the time of this arti-cle going to press it appears that theDemocrats will be in control comeJanuary. We believe that the currentMinority Leader, Malcolm Smithwill be the new Majority Leader.We have worked extremely wellwith the Republican majority in thepast and will work with whoever isin charge come January. The UFAhas always had a nonpartisan

approach to politics. We supportthose who we believe can best helpthe members and will continue todo so in the future.

In Governor Paterson’srecent budget presentation, he putforth a new pension tier for NewYork City Firefighters and PoliceOfficers at the request of the Mayor.This new pension tier would affectnew hires and not any incumbentemployees. It calls for a minimumof 25 years of service and a mini-mum age of 50 in order to collect aservice retirement. It also calls foran elimination of any VSF benefits.This is unacceptable to us. The cur-rent pension benefits that weworked hard to get should in noway be taken away for any newfirefighters. This current fiscal cri-sis was not caused by firefighters



James SlevinUFA Vice PresidentLegislative

(Continued on page 8)

THE DISCIPLINARYPROCESS

As UFA General Counsel, Ioften find that firefightershave a lack of familiarity

with the Department’s disciplinaryprocess.Therefore, this column willprovide a general outline of thegoverning procedures.

THE CHARGES

If a firefighter is alleged tohave committed a violation of theRules and Regulations of theDepartment, he can be disciplinedinformally through a device knownas “command discipline.” If that isnot available or fails to succeed, hemay be the subject of formalDepartment charges.

Command discipline, doneat the Company level, can involveseveral possible penalties, includ-ing, but not limited to, loss of mutu-al privileges, loss of vacation,removal from the chauffeur’s seat,etc. However, a firefighter is notobligated to accept a command dis-cipline offer. If the firefighterdecides to reject the recommendedcommand discipline penalty, theDepartment can proceed with actu-al disciplinary charges.

The charges must be in writ-ing and served upon the firefighterwho is then asked to sign thecharges to acknowledge receipt.Some firefighters are reluctant tosign for the charges fearing they areadmitting guilt. In fact, they areonly admitting that they receivedthe charges and they need not hesi-tate to sign for them.

The charges briefly describethe offending conduct and the sec-tion of the Department Regulationsthat were allegedly violated.

BITS INTERVIEWS

The Department’s Bureau ofInvestigations and Trials (“BITS”)is the prosecuting arm of theDepartment. It employs investiga-tors and attorneys to manage thedisciplinary process.

BITS’ attorneys often con-duct interviews of firefighters whoare “witnesses” or “subjects” in thedisciplinary process. These inter-views can be held before or aftercharges are served.

The UFA attorneys areavailable to represent both witness-es and subjects at a disciplinary pro-ceeding. No firefighter should sub-mit to such an interview withoutrequesting representation from theUFA!

The interviews are generallyunder oath and recorded by tape orby a stenographer. If an employee isthe subject of charges, he can obtaina copy of the transcript of the inter-view.

Firefighters are required toanswer the questions posed at theseinterviews and to tell the truth. Ifthe firefighter being interviewed isa “subject,” anything he says can beused against him in a disciplinaryproceeding - but not in a criminalproceeding. If a firefighter is a “wit-ness,” nothing he says can be usedagainst him in a subsequent disci-plinary or criminal proceeding. If,during an interview, a “witness”becomes a “subject,” he must beadvised of that fact.

As noted in the CollectiveBargaining Agreement (“CBA”),firefighters cannot be questionedabout off duty, out of uniformbehavior, except when the ques-tions relate to: (a) officialDepartment routine or business; (b)

extra departmental employment; (c)conflicts of interest; (d) injuries orillnesses; (e) residency; (f) perform-ance as a volunteer firefighter; or(g) loss or improper use ofDepartment property.

The testimony given atthese interviews can be extremelycritical in determining how or if theDepartment will proceed and thedefenses that may be available to afirefighter.Thus, the firefightershould always be available to coun-sel prior to the interview to go overthe questions that are likely to beasked.

STEP I PROCEEDING

Prior to a trial of a disciplinary case,firefighters are entitled to partici-pate in a procedure known as a“Step I Conference.” The confer-ence is held at the BITS office inheadquarters. It is attended by thefirefighter who is the subject ofcharges, his counsel and his UFABorough Trustee. The conference ischaired by the BoroughCommander of the Borough towhich the firefighter is assigned.

The conference is informaland not recorded. A BITS represen-tative presents the Departmentcharges to the BoroughCommander. Thereafter, the fire-fighter, his attorney and/or hisunion representative briefly pres-ents the firefighter’s defense. TheBorough Commander also usuallyasks questions. The Commanderwill render a written recommenda-tion to the Fire Commissioner as tohow he believes the charges shouldbe resolved. The FireCommissioner can adopt the rec-ommendation or he can reject it andoffer an alternate resolution. Forexample, in cases involving druguse and the zero tolerance policy,the Commissioner invariably willoffer only resignation or termina-tion as a remedy, even if theBorough Commander recommendsa more lenient resolution.



GENERAL COUNSEL’S COLUMN

Michael A. Block

Similarly, the firefighter hasthe right to accept or reject the res-olution approved by theCommissioner. If he accepts, thecase is resolved. If he rejects it, thecase will then proceed to a discipli-nary trial.

THE TRIAL

All Fire Department disci-plinary trials are conducted at theCity’s Office of AdministrativeTrials and Hearings (“OATH”). It islocated at 40 Rector Street inManhattan. OATH was created bythe City Charter. The ChiefAdministrative Law Judge atOATH is appointed by the Mayor.The remaining Judges are appoint-ed by the Chief Judge.

Trials at OATH are nonjury.The OATH Judge assigned to thecase hears the evidence and there-after issues a written nonbindingReport and Recommendation to theFire Commissioner.

Although the strict rules ofevidence do not apply at OATH tri-als, they are formal proceedings.They are on the record and held inan OATH courtroom.

Prior to the actual OATHtrial, an OATH Judge who will notsit at the trial of the case, will meetwith the parties in an effort to settlethe matter, if possible.

If a case is not settled, thetrial proceeds before a differentJudge with testimony from witness-es (including the firefighter if he sochooses) and the use of documen-tary evidence.

When all of the evidencehas been introduced, the record isclosed and the OATH Judge there-after issues the Report andRecommendation noted above. TheOATH Trial Judge can either sus-tain the charges or find the firefight-er innocent. If the charged are sus-tained, the OATH Trial Judge willalso recommend a penalty that theJudge feels appropriate under thecircumstances.

It must be noted that theReport and Recommendation of theOATH Trial Judge is only that - it isnot binding on the FireCommissioner. The Commissionermay accept or reject the recommen-dation on the issue of guilt or inno-cence and may also accept or rejectthe recommendation on penalty.

For example, in severalrecent cases involving the use ofcocaine, the OATH Judges havefound firefighters guilty, but recom-mended leniency in light of the fire-fighters’ emotional condition.Ineach case, the Fire Commissionerhas rejected the recommendation ofleniency and issued an order of ter-mination.

It should also be noted thatpursuant to the AdministrativeCode, the only penalty optionsavailable to the Fire Commissionerare a penalty of up to ten (10) days’pay per charge or termination.Although the Fire Commissionercould still effectively impose a

greater pay penalty without termi-nation based upon the agreement ofthe firefighter, the Commissioneroften uses the limited penaltyoptions as a reason for recommend-ing termination.

APPEALS

If the Fire Commissionerrenders a decision that is not accept-able to the firefighter, the firefight-er may seek judicial relief by meansof a proceeding in Court known asan Article 78 proceeding.Such aproceeding must be brought withinfour (4) months of theCommissioner’s final decision. TheCourt’s job generally is to deter-mine whether there was substantialevidence to support a finding ofguilt and whether the penalty ren-dered was so severe as to shockone’s sense of fairness. Article 78proceedings appealing disciplinaryfindings are rarely successful giventhe limited scope of review avail-able to the Court.



(Continued on page 8)


Toys “R” Us graciously hosted the 2008 UFA Wseventh time in its Times Square flagship stoExecutive Vice President Ron Boire, Regionalwith UFA President Steve Cassidy, John G. Kmembers of the Executive Board and OfficerThe store was closed to the public until 11:30store. Toys “R” Us donated gift cards and thegift certificates. Santa arrived at 10:00am on Tbucket of Ladder 35. This year, we were fortuStarks join in the festivities. Thank you Toys “

2008 UFA WIDOWS’ & CHILD


Widows’ & Children’s Christmas Party for there on Sunday, November 23rd. Toys “R” Usl Vice President Kevin Van Der Griend, alongKelly, Jr, UFA Holiday Party Chairman, andrs, welcomed over 400 widows and children.

0 am so that the kids could have the run of thee UFA provided each family with Toys “R” UsTruck 343 and proceeded to take kids up in theunate to have NBA stars David Lee and John“R” Us!

DREN’S CHRISTMAS PARTY





and it is not up to us to bail the cityout. We will do everything possibleto fight this legislation. We havealready begun the process of lettingthe City Council and Albany knowhow we feel about it. We will keepyou informed about this fight andwill be asking you to help us fight itin the near future. In addition tothis fight we will be pushing to getall of our extender legislationpassed. This includes the StrokePresumption, Heart Presumption,and Cancer Presumption. In thecoming months we will be updatingyou on this process and will be ask-ing for your help. It is more impor-tant now than ever to be politicallyactive.

(continued from page3)Tough Times in Albany

and City Hall

INVESTIGATIONS BY DOI

Finally, I note that possi-ble disciplinary matters are occa-sionally investigated not by BITS,but by the City’s Department ofInvestigation. Usually, but notalways, DOI is involved becausethere has been possible criminalconduct by a firefighter.

DOI’s position is thatsince they are not the FDNY but aseparate agency, they are notbound by the CollectiveBargaining Agreement. As aresult, they often feel no obliga-tion to warn firefighters, evenpossible subjects of an investiga-tion, of their right to representa-tion. You cannot be punished forrefusing to speak to a DOI inves-

tigator unless they have formallyadvised you that they are invokingMayoral Executive Order 16 andthat you have a right to counseland that nothing you may say canbe used against you in a criminalproceeding unless you lie to them.As a result, I strongly advise fire-fighters NOT to speak to DOIinvestigators until consulting withUFA attorneys.

CONCLUSION

This article is intendedonly as an outline of the discipli-nary process. Hopefully, none ofyou will be personally involved ina disciplinary case. If there is evena possibility that you will beinvolved, I strongly recommendthat you call your UFA BoroughTrustee immediately so that yourrights are properly protected.

(Continued from page 5)The Disciplinary Process

On December 16th, John G. Kelly, Jr., Brooklyn Trustee and Chairman of the Board of Trustees, together withSteve Cassidy, UFA President, were honored by Sol Moglen, who created and developed the Brooklyn Wall ofRemembrance in KeySpan Park. The memorial is a tribute to those who made the ultimate sacrifice onSeptember 11, 2001. For more information visit: www.brooklynwall.org .



RETIRED FIREFIGHTERSSECURITY BENEFIT FUND

OF THEUNIFORMED FIREFIGHTERS ASSOCIATION

OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO204 EAST 23RD STREET, NEW YORK, NY 10010

TEL: (212) 683-4723 FAX: (212) 683-0693

TRUSTEES:

STEPHEN J. CASSIDYChairman

ROBERT STRAUBTreasurerJAMES M. SLEVINJOSEPH A. MICCIOWILLIAM ROMAKAJOHN G KELLY, JR.DONALD RULANDSTEPHEN G. HUMENESKYEDWARD BROWNDANIEL MURPHY

To: All Participants

From: Board of Trustees

Re: Annual Membership Report

In compliance with Directive 12, Employee Benefit Funds – Uniform Reporting and Auditing Requirements,issued by the Office of the Comptroller of the City of New York, set forth below is a report of the financial con-dition and operations of the Fund for the fiscal year ended June 30, 2007.

The Retired Firefighters Security Benefit Fund of the Uniformed Firefighters Association provides prescriptiondrug, dental, optical, hearing aid, life insurance, supplemental health insurance, certain widows’ benefits andother benefits to eligible participants, which include retired firefighters, fire marshals, and uniformed wipers, pur-suant to an Agreement and Declaration of Trust entered into between the Uniformed Firefighters Association ofGreater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trustees of the Fund. Such benefits are fund-ed through employer contributions, which are established by collective bargaining agreements entered intobetween the UFA and the City of New York.

The value of Fund assets, after subtracting liabilities of the Fund, was $11,269,487 as of June 30, 2007, com-pared to $8,439,711 as of July 1, 2006. During the fiscal year the Fund experienced an increase in its net assetsavailable for benefits of $2,829,776. Additions to the Fund totaled $20,324,489. These additions included invest-ment income of $429,214, contributions of $16,387,738, and other income of $3,507,537.

Deductions from the Fund totaled $17,494,713. These deductions included benefits paid to or for participants of$16,992,369 and administrative expenses of $502,344.For additional information write or call:

Board of TrusteesRetired Firefighters Security Benefit Fund of the

Uniformed Firefighters Association204 East 23rd Street

New York, NY 10010(212) 683-4723



SECURITY BENEFIT FUNDOF THE

UNIFORMED FIREFIGHTERS ASSOCIATIONOF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO

204 EAST 23RD STREET, NEW YORK, NY 10010TEL: (212) 683-4723 FAX: (212) 683-0693




In compliance with Directive 12, Employee Benefit Funds – Uniform Reporting and Auditing Requirements,issued by the Office of the Comptroller of the City of New York, set forth below is a report of the financial con-dition and operations of the Fund for the fiscal year ended June 30, 2007.

The Security Benefit Fund of the Uniformed Firefighters Association provides prescription drug, dental, optical,hearing aid, life insurance, supplemental health insurance, certain widows’ benefits and other benefits to eligibleparticipants, which include firefighters, fire marshals, marine engineers, pilots, and uniformed wipers, pursuantto an Agreement and Declaration of Trust entered into between the Uniformed Firefighters Association of GreaterNew York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trustees of the Fund. Such benefits are fundedthrough employer contributions, which are established by collective bargaining agreements entered into betweenthe UFA and the City of New York.

The value of Fund assets, after subtracting liabilities of the Fund, was $35,371,208 as of June 30, 2007, com-pared to $33,205,161 as of July 1, 2006. During the fiscal year the Fund experienced an increase in its net assetsavailable for benefits of $2,166,047. Additions to the Fund totaled $18,296,366. These additions included invest-ment income of $2,554,611, contributions of $15,146,212, and other income of $595,543.

Deductions from the Fund totaled $15,980,215. These deductions included benefits paid to or for participants of$15,427,069 and administrative expenses of $703,250.

For additional information write or call:

Board of TrusteesSecurity Benefit Fund of the

Uniformed Firefighters Association204 East 23rd Street

New York, NY 10010(212) 683-4723

TRUSTEES:




COMPENSATION ACCRUAL FUNDOF THE

UNIFORMED FIREFIGHTERS ASSOCIATIONOF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO

204 EAST 23RD STREET, NEW YORK, NY 10010TEL: (212) 683-4723 FAX: (212) 683-0693




In compliance with Directive 12, Employee Benefit Funds – Uniform Reporting and Auditing Requirements,issued by the Office of the Comptroller of the City of New York, set forth below is a report of the financial con-dition and operations of the Fund for the fiscal year ended December 31, 2006.

The Compensation Accrual Fund of the Uniformed Firefighters Association is a defined contribution pensionplan that provides retirement benefits to New York City firefighters, fire marshals, marine engineers, pilots, anduniformed wipers pursuant to collective bargaining agreements between the City of New York and the UniformedFirefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA). Participants are eligibleto participate in the plan on the date they commence employment. Benefits are funded through employer contri-butions, which are established by the collective bargaining agreements.

The value of Fund assets, after subtracting liabilities of the Fund, was $116,737,438 as of December 31, 2006,compared to $105,170,080 as of January 1, 2006. During the fiscal year the Fund experienced an increase in itsnet assets available for benefits of $11,567,358. Additions to the Fund totaled $19,206,386. These additionsincluded investment income of $9,322,705, and contributions of $9,883,681.

Deductions from the Fund totaled $7,639,028. These deductions included benefits paid to participants of$7,280,729 and administrative expenses of $358,299.

For additional information write or call:

Board of TrusteesCompensation Accrual Fund of theUniformed Firefighters Association

204 East 23rd StreetNew York, NY 10010

(212) 683-4723


TRUSTEES:



Uniformed Firefighters AssociationOf Greater New York

204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998Tel (212) 683-4832 • Fax (212) 683-0710

www.ufanyc.org

STEPHEN J. CASSIDYPresident ENG 236

JAMES M. SLEVINVice President LAD 7JOSEPH MICCIORecording Secretary ENG 295ROBERT STRAUBTreasurer ENG 45WILLIAM ROMAKAHealth & Safety Officer ENG 238Sergeant-at-Arms

LESTER LAYNEFire Marshal Representative BF1

DONALD RULANDTrustee-Staten Island ENG 157JOHN G. KELLY, JRTrustee-Brooklyn ENG 201Chairman, Board of Trustees

STEPHEN G. HUMENESKYTrustee-Queens ENG 301DANIEL MURPHYTrustee-Manhattan ENG 74

EDWARD BROWNTrustee-Bronx LAD 48

STEPHEN J. CASSIDYEditor-In-Chief

STEPHEN N. SYMBOLIKManaging Editor

PRESORTED STD.U.S. POSTAGE

PAIDPERMIT # 14

HUNTINGTON, NY


The Fire Lines - December 2008

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