The Fire Lines - April 2010

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The Bravest

OFFICIAL PUBLICATION OF THE

UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK

VOl. XlVI NO. 1, 2010

Photo Credit: Stephen N. Symbolik III

WWW.UFANYC.ORG

Representing the UFA in this year’s St. Patrick’s Day parade are: (L-R) FF David Rodriguez E-16; Vice President Jim Slevin; Recording Secretary Joseph A. Miccio; Brooklyn Trustee John G. Kelly, Jr; President Steve Cassidy; Bronx Trustee Eddie Brown, and FF Keith Long E-16.

President’s Message by Stephen J. Cassidy

FDNY BUDGET CUTS

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s it currently stands, New York State faces a significant budget deficit. It is anticipated that this budget, which was due on April 1st but is now late, will significantly slash funds to the City. Consequently, City budget problems will be exacerbated by the state budget deficit. The media is reporting that the FDNY is preparing to close at least 20 companies by July 1st, when the City’s budget will go into effect even if the State budget is not yet resolved. During last year’s budget process, the Mayor threat-

ened closing 16 fire companies if the UFA didn’t give up the 5th man in 60 engine companies. We said “no”, we would never give up the 5th man in lieu of closings. Instead we rallied the public through our educational awareness campaign and, with strong support from the City Council, the funding was secured to keep the fire companies open. After our successful efforts, I warned the membership that we would likely face a similar battle over closings the following year and here we go again! Commissioner Cassano testified on March 10th before the City Council Committee on Fire & Criminal Justice Services that the Department now anticipates closing 20 fire companies and losing 505 firefighter positions via attrition. The Commissioner said that the Department hasn’t “reached any final conclusions Continued on page 2


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Continued from page 1 about which companies may close since we are still in the process of integrating the new fire statistics for 2009 into our review and analysis. We are undertaking a comprehensive review of all available data to help inform our discussion.” Commissioner Cassano went on to say that “as they did last year when making decisions about closing companies” there is a criteria being used. These criteria were detailed in his testimony. The Department may be using criteria but it’s insulting that the process isn’t transparent! For example, last year when City Hall threatened closing 16 fire companies, only 4 were ever identified. The public was never informed of what other 12 fire companies the City proposed closing. Before firehouses are closed, the City Charterrequires that a 45-day notice be given. That’s what the Department is required to do but, clearly, the Department knows which companies it has targeted for closing. Waiting until the last minute to inform communities that their fire companies will close is morally repugnant! What happened to all the “transparency” so often touted at City Hall? It’s clear that announcing closings at the last minute is calculated to minimize the ability of local communities to have their voices heard. There are 369 companies, 52 battalions, and 9 divisions. When Commissioner Cassano announced his plan to close 20 fire companies because of budgetary cuts, he made no mention of cuts to management. If they propose to close 20 companies, logic dictates that management would be proportionally cut. If the Department were being run like any other business, there would be proportionate cuts across the board but there’s not even a whisper of this happening. Again, it appears that the safety of New Yorkers and firefighters, as well as the protection of property, are afterthoughts that are continually and easily offered up on the altar of budgetary negotiation. How many times do we need to remind politicians and public officials that they serve the taxpayers and safety should not be a negotiable matter? To make matters worse, in addition to closing 20 companies, this year the Department is now asking that we also give up the 5th man! Commissioner Cassano said in his testimony that “hopefully we will be able to come to an agreement with the UFA on our plan. However, if we cannot reach an accord with the UFA, arbitration will be necessary.” The current roster staffing agreement expires in January 2011. I have already told the Department that the UFA will not consider any reduction in staffing in lieu of clos-

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ings. This is an issue for both firefighters and for public safety. We will rally the support of the taxpayers of the City who deserve the best fire protection and medical emergency services. On March 10th, a press conference was held on the steps of City Hall prior to the City Council’s Fire Department Budget Hearing to speak out against budget cut proposals. Again, on March 30th, the UFA along with dozens of NYC firefighters were joined outside the quarters of Engine 70 and Ladder 53 on City Island by Congressman Joseph Crowley, City Councilmembers James Vacca and Criminal Justice Committee Chair Elizabeth Crowley, to speak out against the proposed company closings and staffing reductions included in the Mayor’s budget. Our message to City Hall is that closing firehouses will not be tolerated by taxpayers. Fires don’t care about budgets! The UFA is asking Delegates and all members to lobby their City Council representative and local community boards to focus on the negative impact closing fire companies will have in their respective communities. We have been meeting with various elected officials to discuss strategies to minimize cuts to FDNY operations. The membership will be updated in the press and through the UFA Web site www.ufanyc.org as events unfold. Again, it is crucial that New Yorkers and all UFA members support our lobbying efforts of elected officials to ensure that staffing is not cut and fire companies stay open! As always, stay safe!

The May Union Meeting is scheduled to take place on Friday, May 14, 2010 at The UFA Delegate Education Seminar Atlantic City, NJ

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“That’s the Way I See It From the Roof” by Eddie Brown, Bronx Trustee

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ou’re taught in this job that as the roof man, you are the eyes and ears of the Chief—to let him know conditions in the rear of the building, to look for people trapped, hanging out windows, conditions deteriorating. Recently, one of my Bronx members was in trouble. He was a decorated Sergeant in the United States Army National Guard, who did a tour in Kosovo and two tours in Iraq. Every time I turn around, I see the Brothers in all five boroughs of this great Department helping out the Wounded Warriors. We’ve all seen the brave men and women who’ve come home from Iraq missing limbs, blinded, scarred for life. How about the solider who comes home, who appears to be in good health, who may have other issues and counseling may be needed? My Bronx Probationary Firefighter was on a stipulation when he came on the job that he could not get in any trouble. He was arrested for a DWI with no accident involved. When I spoke to the Firefighter, I told him we were all

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here for him if he needed help. He went away for 30 days for help. He was then assigned to the Bureau of Health Services where he worked for eight months, as a good Soldier/Firefighter. At the same time he was still attending counseling sessions and had remained sober for nine months. I received a call from BITS with an ultimatum that he resign or he will be terminated. I pleaded his case at MetroTech all the way up to the top. I argued that there were mitigating circumstances in this case, arguing at the same time that Governor Patterson had just pardoned a soldier who did a year in prison for possession of a loaded gun, so that he could fulfill his dream of becoming a New York City Police Officer. At one point the Firefighter called me and asked me “Do you think that if I re-deploy, that would help me?” I said I wouldn’t advise that because I wouldn’t want anything to happen to him. Ultimately, he resigned. What happened to compassion? After all, this all started on 9-11. It seems to me that everyone is afraid that if they give anybody a second chance, it might wind up in the newspaper! I guess when I was on the roof, my handi-talkie was not working, because a Firefighter was trapped and no one could hear me.

The Fire Riders Motorcycle Club presented Bronx Trustee Eddie Brown a check for $5000 for the Thomas R.Elsasser Fund on March 16th.The fund was established in 1992 to support the families of NYC Firefighters who died non-line of duty as active members of the FDNY.

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Photo Credit: Stephen N. Symbolik III

NO. 1 2010

Photo Credit: Stephen N. Symbolik III

(Above & Below) The UFA held a press conference on March 10th on the steps of City Hall, immediately prior to the City Council's Fire Department Budget Hearing. Among the many attending and speaking were City Council members Elizabeth Crowley, Daniel Dromm, Dan Halloran, Dominic Recchia, Diana Renya, James Vacca, and Peter Vallone, Jr. "The taxpayers of New York deserve to have their firehouses stay open," said Steve Cassidy. "And when someone dials 9-1-1, when they have an emergency, medical or fire, they should hope that a New York City fire company doesn't have to drive past a closed fire company to get to them, because seconds count."

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Legislative Update By James M. Slevin, Vice President

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iscal problems continue to plague the city and the state. The economic recovery has been slow resulting in less than hoped for tax revenue in the city and the state. The Governor and Mayor have both outlined budget plans that call for drastic cuts in Services at the State and City Level. The Mayor is threatening to close up to 60 firehouses if the state doomsday budget goes through. At this point Albany has not reached a deal on the budget so we are uncertain how much money NYC will get to avoid drastic budget cuts. We will continue to push for more money and monitor the situation so that the Mayor’s “Doomsday” budget does not go into effect. We have been meeting with NYC Council Speaker Christine Quinn and numerous council members to express our strong opposition to any cuts to the NYC Fire Department that will adversely affect our members and the communities that they serve. During last years legislative session the Governor vetoed our Tier II pension extender. As we previously stated this did not affect any incumbent UFA members and will only affect new members. No firefighters have been hired in over one year and it is unlikely that

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anyone will be hired until 2011. We have been meeting with the PBA and we are trying to set up a meeting with the Mayor’s office to discuss the new pension tier. We will continue to try and come up with a solution to the Governors veto. As new information becomes available we will inform the membership. While Albany and City Hall have been at a standstill, we have had some success at the Federal Level. The Zadroga 9/11 Health and Compensation act has passed an important sub-committee on March 16th. The UFA was in attendance for this meeting and has been aggressively lobbying for its passage. While this congressional bill is not a done deal, we have had a lot of success in moving it forward. The UFA will continue to push for its final passage by Congress and ultimate approval by the President. The complete 2010 legislative agenda and political action update will take place for our delegates in May at the annual delegate seminar. Following the seminar we will publish it to the entire membership. In the meanwhile we anticipate holding numerous rallies to protest potential firehouse closings and potential cuts. We will need your help. Members should look out for these notices and turn out to show the public the affect potential closures could have on their safety.

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Photo Credit: Stephen N. Symbolik III

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(Above) On March 30th, UFA leaders, dozens of NYC Firefighters, City Councilmembers, and taxpayers were joined outside E-70/L-53 quarters on City Island to speak out against budget cut proposals made by Mayor Bloomberg, including closing at least 20 and as many as 60 fire companies. (L-R) UFA Bronx Trustee Eddie Brown; City Councilmember and Criminal Justice Committee Chair Elizabeth Crowley; UFA Vice President Jim Slevin; City Councilmember James Vacca and US Congressman Joseph Crowley.

Visit www.ufanyc.org www.ufanyc.org


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Report from Your Sergeant-at-Arms Health & Safety Officer Bill Romaka

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membership. We have agreed that moving forward should in no way diminish the sacrifice made by our 343 members on that fateful day! We will continue to advocate for both our active and retired members who served so valiantly for all the right reasons! On another note, the UFA has consistently reminded its members of the need for a safe and measured response. It is important to understand that it appears the City is more concerned about response times than your safety! This is why it is important to continue to treat all responses without adequate information as if you are responding to a hazardous material or terrorist attack until you have been advised otherwise to best protect our membership.

he UFA has been vigilant in attempting to get the FDNY to properly recognize and memorialize our victims of 9/11 who succumbed in the days and years since. The UFA originally focused its energies on securing legislation to make certain our members and their families would not be left destitute. Once that was accomplished we moved toward properly giving them the proper send-off they rightfully deserve. With a change in the FDNY administration, we were It seems disingenuous to constantly threaten to close cautiously optimistic that this might be addressed. firehouses without first reigning in the obscene waste on the cost overruns of the City Time Project; where a Recently I met with the Commissioner, Chief of myriad of high-priced consultants are enriching themDepartment, UFOA, and our Welfare Fund selves and finding ways to prolong their contemptuous Administrator to ascertain whether we could agree behavior without regard or accountability to New York on how to properly move forward. At this meeting, it City taxpayers. It seems their best resume attribute is was agreed that the first step would be to provide their connection to certain influential people. plaques for the firehouse to memorialize their loss. Funding sources were identified by both the Unions In current day New York City, it seems that it’s much and the Department to make this a reality and the issue easier to scold and fire an office staffer for playing soliis moving forward. taire on his computer than it is to fire numerous obscenely high priced consultants out of sight playing We view these developments as a first step toward golf at the Club. Just another example of why “politics properly recognizing our members’ sacrifice and and politicians” have such a negative connotation! remembrance just as the NYPD has done for their

Photo Credit: Stephen N. Symbolik III

Tom Dalgish E-221 (L), and Ken Butler, L-104 (R), present a $9000 check for the Thomas R. Elsasser Fund to President Steve Cassidy and Treasurer Robert Straub (Center). The money was raised from the One Pitch Tournament on October 5, 2009. This tournament is the longest running UFA softball tournament. Fifty-five teams played on 10 fields with the overall champion being E-277 and L-112.

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General Counsel’s Column

Perhaps an example will clarify this distinction. Let us suppose that a firefighter is helping to stretch a Michael H. Block, Esq. charged hose line up a flight of stairs in a building durThe CD-72 ing firefighting operations. If a CD-72 were to state “the hose line, suddenly and unexpectedly got tanA Form Critical to Your Pension that gled in the railing of the stairway causing the firefighter to be yanked backward and fall down the steps injurRights ing his back,:” it would probably qualify as a line-ofirefighting is a dangerous job. It is an unfortunate duty accidental injury. fact that UFA members often sustain injuries that permanently prevent them from performing full However, if the CD-72 were to state that the firefirefighting duties. In those cases, if their disability is fighter “injured his back while pulling the charged hose a result of a line-of-duty accident, a firefighter is eligi- line” and nothing more, the firefighter would have difble for a pension representing approximately ¾’s of his ficulty obtaining an accidental disability pension as the final salary, most of which is tax-free. description of the occurrence would not qualify as an accident. Instead, it would appear to be simply an ordiHowever, not every disabling medical condition nary risk of carrying a charged hose line. qualifies for a line-of-duty disability pension. For example, disabilities resulting from illness, unless covWe intend to discuss these issues in greater detail at ered by one of the presumptive bills (Heart bill, Cancer the upcoming UFA annual Delegate Education bill, etc.), do not qualify. Seminar. However, I hope this article makes clear to all that before they fill out or sign their CD-72, he should Nor do disabilities resulting from occurrences that certainly call his union Trustee before filling out or are not considered “accidents” qualify a firefighter for signing the form. A simple phone call could prevent a a ¾ pension. If a disability arises from an “incident” tremendously unjust result for a firefighter injured by rather than an “accident, “ a firefighter may be eligible an accident in the line-of-duty. for only an ordinary disability pension rather than the enhanced line-of-duty disability pension.

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As a result of the distinction in the law between an “accident” and “incident,” it is absolutely crucial that firefighters make sure that when they are hurt in the line-of-duty, the language in their Member Injury Report (the CD-72) correctly describes how they were hurt. Even though those reports are now often filled out by their officers, firefighters still have the right to review those reports before they sign them. If a firefighter is hurt in an accident, the CD-72 must make that clear or it may very well prevent the firefighter from getting the pension he deserves. The leading cases from the Court of Appeals, the highest Court in the State, adopt a common sense definition of an accident. They state that an accident is a “sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious on impact.” The Courts further state that an injury that occurs without an “unexpected event” and which is the result of the performance of ordinary employment duties, is not an accidental injury within the meaning of the law governing pensions.

FDNY BRAVEST BOXING On Friday, June 18th the FDNY Bravest Boxing Team will take on the Suffolk County PD at the Suffolk County Community College - Brentwood campus. This is the second meeting between the two departments with the SCPD edging out a 6-5 victory before a sold out crowd in 2008. There are 12 action packed bouts scheduled with the FDNY looking to even the score. The doors open at 7PM with the first match starting at 8PM sharp. Tickets are $20 and on sale now. Please support the Bravest Boxing Team by purchasing your tickets through any team member or by calling Coach Bobby McGuire at (917) 282-8727. Keep up to date with us on Facebook@Bravest Boxing or at www.fdnyboxing.com

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Photo Credit: Stephen N. Symbolik III

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Despite torrential rain, residents of City Island were out early to rally with firefighters protesting the possible closing of Engine 70/ Ladder 53. This firehouse was one of the16 firehouses the Mayor proposed closing during last year's budget process. We said "no" and through our vigorous public and educational awareness campaign, and our lobbying efforts with the City Council, we secured the funding to keep the firehouse open. It again appears that this company is slated to close due to budget cuts that are being considered in complete disregard of the safety of firefighters and the public.

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Workers’ Compensation benefits if you performed resWorkman’s Compensations for cue recovery or cleanup work in the following areas: 9/11 Volunteers anywhere in Manhattan south of Canal or Pike Streets; by Jimmy Dahl, Retiree Representative on the barge operation between Lower Manhattan and Staten Island; at the Staten Island landfill; or at the embers of the Fire Department who retired New York City Morgue. before September 11, 2001 and volunteered at the World Trade Center (WTC) may be eliWhen is the deadline to register? gible to register for worker’s compensation. If you were a participant in the WTC rescue, recovery, or The deadline for registering is September 11, 2010. cleanup operation you should register with worker’s If you do not register before the deadline, you will comp. You need not be sick now to register, but you never be able to collect workers’ compensation if you must be registered to file a claim in the future. develop a 9/11-related illness later. Worker’s comp will cover all the medical expenses for a sickness or injury that is work-related to your volunWhat about rescue, recovery or cleanup workers teer work at the WTC. Any illness caused by 9/11 who are sick now? exposure, including mental conditions such as posttraumatic stress disorder, are covered. If you are already sick you can file a claim for workers’ compensation immediately after registering. The following information is from the New York Committee for Occupational Safety and Health Necessary registration forms are on the UFA Web (NYCOSH). Thousands of people who participated in site www.ufanyc.org . Click on the forms button and look rescue, recovery or cleanup work after 9/11 are now for WTC12. Complete information is on www.nycosh.org sick. Many more may become sick as a result of expo- or call 866-WTC-2556. sure to contaminated dust and smoke. The New York State Workers’ Compensation Law has been changed to allow someone who was exposed, but is not sick to register. Registering now will protect your right to file a workers’ compensation claim if you become sick at any time in the future. The law also allows anyone who already files a claim – but was turned down because the claim was filed too late – to re-file. If you do not register and are sick or become sick later, you will not be able to file or re-file a claim.

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Workers’ compensation pays all the medical expenses for a sickness or an injury that is work-related. It also pays two-thirds of you average weekly wage up to $400 a week if you cannot work because of work-related sickness or injury. Why must you register, even if you are not sick? Rescue, recovery and cleanup workers who are now healthy should register because people who are registered can apply for workers’ compensation if they develop a 9/11-related illness at any time in the future. Failure to register during the enrollment period will prevent you from ever receiving workers’ compensation benefits, even if you do develop a 9/11-related illness. You must register now to protect your rights to

Robert McDevitt was elected UFA Fire Marshal Representative on February 5, 2010. He is from Malverne, NY and has spent 18 years in 11 Truck and has been with the Fire Marshals since 2007. He was a UFA Delegate over ten years, Battalion Delagate for over six years. He looks forward to serving the membership.

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Gone But Not Forgotten

Herb Eysser, UFA Staff Engine Company 25 was one of the original companies of the New York City Fire Department being established in 1865 when the FDNY went paid. Their quarters was on the Lower East Side of Manhattan at 342 East 5th Street off of First Avenue in the heart of a congested tenement district. Their first alarm district also consisted of many warehouses, loft buildings and other commercial occupancies. Engine 25 was always a FDNY company with a heavy workload. Despite this, their bells fell silent on December 31, 1946. At the time that Engine 25 was disbanded the company was still operating at a four alarm loft building fire at Broadway and East 8th Street where two firefighters lost their lives. Gone but not forgotten!

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Here’s H ere’s a Special Special O Offer ffer JJust ust for for Firefighters! Firefighters! $300 $ 300 O Off ff Y Your our M Mortgage or tgage Closing Closing Cost Cost To discuss your morrttgage needs call me direct at 516-535-8227 or on my cell att 516-383-3944. Bring Bring in tthis his aad d fo for or more iinformation nformation o on n tthis his special offe offer. ffer. Member FDIC

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Uniformed Firefighters Association

Presorted First Class Mail US Postage PA I D Farmingdale, NY Permit #125

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

STEPHEN J. CASSIDY President ENG 236

JAMES M. SLEVIN Vice President ROBERT STRAUB Treasurer

LAD 7 ENG 45

JOHN G. KELLY, JR Trustee-Brooklyn ENG 201 Chairman, Board of Trustees EDWARD BROWN Trustee-Bronx LEROY C. MCGINNIS Trustee-Queens

STEPHEN J. CASSIDY Editor-In-Chief

LAD 48 ENG 266

JOSEPH C. MICCIO Recording Secretary

ENG 295

WILLIAM ROMAKA Health & Safety Officer Sergeant-at-Arms

ENG 238

DONALD RULAND Trustee-Staten Island

ENG 157

DANIEL MURPHY Trustee-Manhattan

ENG 74

ROBERT MCDEVITT Fire Marshal Representative

BFI

STEPHEN N. SYMBOLIK III Managing Editor

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