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The Bravest

SPECIAL WTC MEMORIAL 10TH ANNIVERSARY ISSUE

VOL. XL VII NO. 2, 2011

Photo Credit: Todd Maisel. Daily News

WWW.UFANYC.ORG

OFFICIAL PUBLICATION OF THE

UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK

President’s Message by Stephen J. Cassidy

his September 11th marks the 10th anniversary of the terrorist attacks on the World Trade Center. To remember and pay tribute to our fallen brothers, this special edition of Fire Lines is publishing the photos of each of the 343 firefighters and officers that died. The names of the 26 firefighters who have died post- retirement are also listed, as well as the names of the 7 active WTC deaths. The impact of this tragedy is far reaching and ongoing. Firefighters continue to get sick and die as a result of direct exposure to the toxins at the WTC site. As time goes on, additional names will be added to this list when their deaths are certified by the NYC Fire Department Pension Board. Many of the issues that the UFA has worked on the past 10 years are directly related to the aftermath of the terrorist attacks.

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The safety and ongoing care of our members is always a first priority. The UFA lobbied the New York State Assembly, Senate, and Governor’s office, pushing to ensure that members, who became injured or sick as a result of work performed at the WTC site, both after the attacks and during the clean-up, were eligible for accidental disability pension, even if the firefighter was already retired. Through these efforts, on June 15, 2005, the WTC Presumptive Bill was signed into law. Again, through lobbying, in 2006, Governor Pataki signed into law the Stroke Bill which allowed members who had strokes to receive Line-of-Duty Pensions even if the stroke was suffered while off duty. This same year, the UFA was successful in getting the WTC LOD Death Pension bill signed into law. Under this law, if a member died as a result of a WTC presumed illness, the family would now be able to receive the firefighter’s full LOD pension, even if the member’s death occurred after retirement. Continued on page 2


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The Zadroga Bill On the federal level, then Senator Hillary Rodham Clinton worked closely with the UFA to push Congress to fund Federal legislation intended to provide health monitoring and financial aid to sick 9/11 responders. Every year Congress had to be lobbied for money so that the 9/11 monitoring and health care program could continue. Finally, after years of sustained and continued lobbying, on January 2, 2011, President Obama signed into law the James Zadroga 9/11 Health and Compensation Act of 2010. This legislation provides ongoing funding for health screening and treatment for firefighters who responded to the 9/11 terrorist attacks. It also re-opens the Victim’s Compensation Fund for firefighters that have suffered illness and for families of firefighters that have succumbed to those illnesses. The infrastructure necessary to administer the new Victim Compensation Fund created by the Zadroga Bill is currently being assembled by Special Master Sheila Birnbaum. I have met with Ms. Birnbaum and was impressed with her sincerity and desire to be fair to all firefighters. The problem is there is not enough money to fairly compensate the victims and their families with the current funding. Some are hopeful that additional resources can be procured from Congress, however, given the present fiscal climate, it will be difficult. It is expected that the new Fund will begin accepting claims in October, 2011. The Executive Board is very disappointed by the recent announcement that a government study failed to establish a link between WTC exposure and the high incidence of cancers being suffered by UFA active and retired members. Specifically, Dr. John Howard, who runs the National Institute for Occupational Safety and Health, stated in his report that “insufficient evidence exists at this time to propose a rule to add cancer” to the list of illnesses linked to 9/11 responders. However, at the time of this report, which he was mandated to file by Congress, no data was available linking the cause of cancer to the effect of being exposed to the toxins at the WTC site. Firefighters were exposed to a wide range of toxic and carcinogenic substances at the WTC site. In fact, there are now 33 firefighter deaths that have been certified by the New York City Fire Department Pension Board as 9/11-related. Fortunately, Dr.

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Howard is required to review all the evidence next year and reassess or reaffirm his decision. In the coming months, the Fire Department Medical Doctors, led by Drs. David Prezant and Kerry Kelly, have now completed the first cancer study where they have examined cancers occurring within the first seven years post-9/11 in a population of 10,000 firefighters. The study will be published in the leading medical journal The Lancet. Once published, we are certain that the scientific nexus between working at the WTC site and cancer will be established for our members. After the release of the new statistics, we will make every effort possible to ensure that cancer is covered for firefighters. The entire UFA Executive Board and I will continue to work to ensure that the many firefighters, who have become seriously ill, or succumbed to WTCrelated diseases, receive the compensation and medical monitoring they deserve. Roster Staffing Litigation On July 1, 2011, the Board of Collective Bargaining issued its Interim Decision and Order, dated June 29, 2011, in the joint UFA/UFOA Improper Practice/Scope of Bargaining Petitions in the roster staffing case. As you know, the UFA and UFOA filed a joint petition, on January 31, 2011, alleging that the City’s elimination of the fifth firefighter in the 60 Engine companies as set forth in the Roster Staffing Agreement violated the requirement to negotiate, as well as created a negative safety impact. In its Interim decision, the Board dismissed the unions’ allegations of a violation of the duty to negotiate, but found that the unions had set forth sufficient facts to warrant a hearing to determine whether the reduction in staffing levels, has had a practical impact on safety for both of the unions’ members. With regard to the future safety impact hearings, the Board of Collective Bargaining has designated Theodore J. St. Antoine, Professor Emeritus of Law from the University of Michigan School of Law, to act as Trial Examiner and preside over these hearings. At present, the UFA and UFOA are formulating their information/discovery request and will be serving it upon the City by August 26, 2011. The City will then have until October 10, 2011 to respond to our information/discovery request. Based upon the scheduling of

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these preliminary issues, it is anticipated that the hearings will begin in early 2012. Any firefighter, whether a member of an Engine or Ladder company, who has experienced a negative issue regarding safety at a fire scene since February 1, 2011 due to the elimination of the fifth firefighter, is asked to contact the UFA Recording Secretary to document that event for possible inclusion in the evidence to be presented at the hearings. With regard to the dismissal of the unions’ claims relative to the City’s duty to negotiate, we filed an appeal of that part of the Interim decision on July 29, 2011. This appeal was filed in New York County Supreme Court, and is filed against both the City and the Office of Collective Bargaining. In essence, we argue in this appeal that the Board of Collective Bargaining’s dismissal of those claims regarding the duty to negotiate was arbitrary and capricious because the language of Paragraph “Eleventh” of the Roster Staffing Agreement essentially states that if the City wishes to change staffing levels, then there is an obligation on the parties following the expiration of the agreement to negotiate until an agreement is reached, or an impasse is declared. To the contrary, the Board ruled that upon the stated date of January 31, 2011, all of the terms of the Roster Staffing Agreement simply expired. Paragraph “Eleventh” of the Roster Staffing Agreement is, in its entirety, as follows: “By entering into this Stipulation of Settlement, the Union agrees to waive its right to file any litigation or grievance regarding the Department Roster Staffing program as set forth in the case docketed with then Office of Collective Bargaining as BCB-1265-90, or with regard to the practical impact of this agreement until January 31, 2006. Should a court of competent jurisdiction or any other administrative entity, except for enforcement purposes, grant the right to initiate any such litigation or grievance within that time, this agreement will be terminated immediately. Should litigation or a grievance commence, this agreement or any portion thereof shall not be admissible in any court proceeding or other administrative forum. After the expiration of this Agreement, January 31, 2011, the City in view of factors including, but not limited to changes in technology, structural and non-structural fires, and response times, may wish to change staffing levels. In the event the City plans to make such

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changes, the parties will negotiate to the extent required by the New York City Collective Bargaining Law. Should differences between the parties arise, it is the intent of the parties to work expeditiously to resolve them.” In addition, we argue that it was arbitrary and capricious for the Board of Collective Bargaining to not grant an evidentiary hearing regarding the plain meaning of the paragraph “Eleventh” language in order to determine the true intention of the parties at the time that they entered into the Roster Staffing Agreement. The UFOA is not a party to this appeal because it has never been a party to the actual Roster Staffing Agreement itself. Unified Call Taker System On a separate but related front, the UFA and UFOA are also jointly involved in current practical safety impact hearings before the Board of Collective Bargaining relative to the Unified Call Taker (“UCT”) litigation. This hearing is being conducted to determine whether the exclusion, or restriction, of FDNY Alarm Receipt Dispatchers from 911 phone calls involving fire emergencies, has had an adverse safety impact on both Firefighters and Fire Officers. To date, we have presented evidence that there has been an inordinate amount of UCT call-taking errors which have led to serious and sometimes fatal, consequences. The City asserts that the majority of the mistakes were either unrelated to the performance of the UCT operator, or were errors caused by bad information from the 911 callers themselves. The UFA and UFOA are in the process of demonstrating that the restrictions and limitations on the Alarm Receipt Dispatcher in the 911 call-taking process have a direct, unfortunate impact on the safety of its members. As this hearing continues, the UFA will demonstrate that the City is misleading the public regarding response times. The time during which the UCT calltaker (the original police department dispatcher) is on the call speaking to the 911-caller has increased dramatically since the implementation of the UCT system. This increased time period is not included as part of the total response time. Consequently, the City is deliberately using these false response times as a reason to close firehouses and cut staffing!

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The Zadroga Bill speaks directly to our resolve as a country to support and take care of the men and women who fearlessly and without regard to self, responded to and worked at the WTC site in the aftermath of the terrorist attacks. Regarding both Roster Staffing and the Unified Call Taker System, the issue once again comes down to firefighter safety. Simply put, since February every Engine Company is now staffed with 4 firefighters instead of 5. Fewer firefighters on the ground quickly endangers everyone. It takes longer to get water on a fire which adversely impacts the safety of all firefighters at the scene. If a firefighter is injured during his tour, he is now replaced with a firefighter from a ladder company, which further reduces staffing and drastically compromises the safety of each and every firefighter present. When you consider the impact that the exclusion of FDNY Alarm Receipt Dispatchers from 911-phone calls involving fire emergencies is having on firefighters, together with reduced staffing, it’s pretty clear this combination

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is a deadly recipe that compromises both public and firefighter safety. On this 10th Anniversary of 9/11, I ask all of you to keep in your prayers the memories of our 343 fallen brothers, those who have died subsequent to the attacks, those who are currently sick, their families, friends, and loved ones. We can only continue to ensure the safety of firefighters and the public if we stand strong against attempts to compromise our safety and reduce our benefits. Make it a point to join in one or more of the many 10 th anniversary memorials to honor the victims of 9/11. As always, stay safe!

Photo Credit: Stephen N. Symbolik III

In June, 15,000 firefighters and supporters protested threatened firehouse closings by marching over the Brooklyn Bridge to City Hall. We were joined by the General President of the IAFF Harold Schaitberger, as well dozens of federal, state, and city politicians who supported us. We believe that this was a turning point in convincing the Bloomberg Administration that closing firehouses was a mistake. We were successful but may face the same battle in the next fiscal year.

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Legislative Update By James M. Slevin, Vice President

Success in a tough environment The UFA is happy to report that key legislation has been passed and most importantly we successfully defended our VSF from the mayors attempt to steal it from us. The year started out with once again welcoming a new governor to the state capitol. In his State of the State address Governor Andrew Cuomo laid out an aggressive agenda that many people thought was too ambitious and had little chance of passing. To his credit he was able to deliver on most things that he promised including passing an on time budget, a property tax cap and an ethics reform bill. The UFA held numerous meetings throughout the session with both the Governor and his staff to address our concerns and move our legislative agenda forward. Mayor Bloomberg announced a plan to take away the VSF from both current and prospective recipients. The UFA immediately went to work to line up opposition to his plan by calling on our friends in Albany and the City Council. After explaining the history of the VSF and how it was a negotiated benefit that the city has reaped the benefits from and will continue to do so. It is not, was not and should never be called a “Christmas Bonus.” The mayor backed down and announced that they would only take it away from future hire s. This was still unacceptable to the UFA. We held a joint Press Conference announcing a Fire-Police Coalition we called the Mayor and his administration liars about their interpretation of the VSF. This was the final blow to their plan and we were told by the Governor’s office and the legislature that they would not even introduce the legislation for the Mayor. In addition to defending our VSF we were successful in getting some key legislation passed by the Senate and Assembly. The Line of Duty Widows COLA bill was once again passed and signed into law. This important legislation provides a cost of living increase for the Line of Duty pensions collected by the widows of our fallen brothers. We made a promise to never forget them and their sacrifice and to always looks out for their families. We will fight for this bill every year and make sure that the legisla tur e n eve r f o rg e t s. Last year Governor Paterson vetoed the Pension Protection Bill which was passed by the Senate and Assembly. One of the issues raised in his

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veto message was there was no provision providing for forfeiture from a felony conviction. We addressed those concerns and re-introduced the bill with a felony exclusion. The City Council granted us a home rule message with unanimous consent. The Senate and the Assembly both passed the bill. It is now waiting to be sent to the Governor for his approval. We have already held meetings with his office to urge his approval. We expect the bill to be sent shortly and we hope to deliver good news to the membership as soon as it is done. With the passage of the Zadroga act there is finally a more permanent funding stream in place to provide screening and treatment for Firefighters and other first responders. We will continue to lobby for improvements on this important legislation, including increased funding, extension of the end date and most importantly coverage for cancer and other diseases not currently covered. Primary day for some special elections in New York will take place on Tuesday September 13th. Once again we are asking our members to turn out and help get people elected that support Firefighters and our issues. A full list of the endorsements and information for our Political Action Activities will be sent out and also will be available on the UFA website. Please make every effort to turn out and support the UFA. Our future success in Albany, in the City Council and in Washington depends on it.

Photo Credit: Stephen N. Symbolik III

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

Firehouse Tradition and Retirees Firehouse traditions have been traditionally passed down through the ages from our senior firefighters and fire officers to our probationary firefighters and young firefighters. As the fire service evolves to meet today’s changing demands, its important to properly understand the firehouse traditions and find new ways to instill the basis of “brotherhood” to the next generation. Due to the complexities of the fire department brought on by the events of 9/11, it is time for our firehouses to help themselves and our retirees to better understand how to function in the FDNY without losing sight of one of our most important traditions – taking care of our own! Too often following such a tragedy, firefighters and fire officers were forced to retire early due to disability or for financial reasons. The fallout from when this happens is that many were not properly prepared for their lives following the fire service. Not enough time and thought went into “what do I do next?” For this reason and others unique to the individual’s circumstance, recently retired members may have a feeling of separation, isolation or experience relationship problems. What is too often not properly understood is the struggle these “early” retirees have to deal with. There is a feeling of dissociation. They no longer feel like they are part of the firehouse. There is no kitchen table for them to toss around their thoughts and ideas. Missing is the passing along of institutional fire knowledge as well as their local community nuances in the individual firehouses. In short, what is needed is the re-establishment of firehouses with their retired members. Company picnics and company dinners should be a good source

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of bringing our “family” together again. Remember that the retiree also brings a wealth of knowledge and experience to pass along to our young firefighters and these types of events would generate such an opportunity. Retirees often can control their involvement with their firehouses. Often I have heard the phrase, “BMA” and will continue to remind all our firefighters that it is up to the individual to keep in touch as little or as much as they deem necessary or desired. Our retired members should additionally look into joining one of our Retiree groups. Here they can share stories and work on improving and preserving their hard earned benefits. Another way for retirees to stay in touch is with the WTC Medical Monitoring and Treatment Program. This program is for your benefit and is a great opportunity to renew friendships and the opportunity should be taken to stop by the firehouse. Services will always be available at the FDNY Counseling Service Unit (212-570-1693). Friends of Firefighters in Brooklyn (718-643-0980) also has many benefits for both our active and retired firefighters! The most important thing is that the “Brotherhood” is resilient and will always be there for you. Your family is calling for you to come home! Active and retired FDNY firefighters and fire officers ARE your family!

Photo Credit: Stephen N. Symbolik III

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The following firefighters and officers died as a result of responding to the September 11th terrorist attacks on the World Trade Center. Many of these brave brothers were off-duty at the time. Others had just begun their tours. Their response to the terrorist attacks saved an estimated 25,000 lives. We pay tribute to their memory on this 10th anniversary of the 9/11 attacks.

Lt. Joseph Agnello, L-118

Lt. Brian G. Ahearn, E-230

FF Eric T. Allen, SQ-18

FF Richard D. Allen, L-15

BC James M. Amato, SQ-1

FF Calixto Anaya, Jr., E-4

FF Joseph J. Angelini, Sr., R-1

FF Joseph J. Angelini, Jr., L-4

FF Faustino Apostol, Jr., BN-2

FF David G. Arce, E-33

FF Louis Arena, L-5

FF Carl F. Asaro, BN-9

Lt. Gregg Atlas, E-10

FF Gerard T. Atwood, L-21

FF Gerard Baptiste, L-9

AC Gerard A. Barbara, CMD CTR

FF Matthew E. Barnes, L-25

FF Arthur T. Barry, L-15

Lt. Steven J. Bates, E-235

Lt. Carl J. Bedigian, E-214

FF Stephen E. Belson, L-24

FF John P. Bergin, R-5

FF Paul M. Beyer, E-6

FF Peter A. Bielfeld, L-42

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FF Brian E. Bilcher, E-33

FF Carl V. Bini, R-5

FF Christopher J. Blackwell, R-3

FF Michael L. Bocchino, BN-48

FF Frank J. Bonomo, E-230

FF Gary R. Box, SQ-1

FF Michael Boyle, E-33

FF Kevin H. Bracken, E-40

FF Michael E. Brennan, L-4

FF Peter Brennan, SQ-288

Capt. Daniel J. Brethel, L-24

Capt. Patrick J. Brown, L-3

FF Andrew C. Brunn L-5

Capt. Vincent E. Brunton, L-105

FM Ronald P. Bucca, BFI MN

FF Gregory J. Buck, E-201

Capt. William F. Burke, Jr., E-21

AC Donald J. Burns, CMD CTR

FF John P. Burnside L-20

FF Thomas M. Butler, SQ-1

FF Patrick D. Byrne, L-101

FF George C. Cain, L-7

FF Salvatore B. Calabro, L-101

Capt. Frank J. Callahan, L-35

FF Michael F. Cammarata, L-11

FF Brian Cannizzaro, L-101

FF Dennis M. Carey, Sr., HM-1

FF Michael S. Carlo, E-230

FF Michael T. Carroll, L-3

FF Peter J. Carroll, SQ-1

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FF Thomas A. Casoria, E-22

FF Michael J. Cawley, L-136

FF Vernon P. Cherry L-118

FF Nicholas P. Chiofalo, E-235

FF John G. Chipura, E-219

FF Michael J. Clarke, L-2

FF Steven Coakley, E-217

FF Tarel Coleman, SQ-252

FF John M. Collins, L-25

FF Robert J. Cordice, SQ-1

FF Ruben D. Correa, E-74

FF James R. Coyle L-3

FF Robert J. Crawford, SFTY BN1

Lt. John A. Crisci, HAZ MAT

DC Dennis A. Cross, BN-57

FF Thomas P. Cullen, III, SQ-41

FF Robert Curatolo, L-16

Lt. Edward A. D'Atri, SQ-1

FF Michael D. D'Auria, E-40

FF Scott M. Davidson, L-118

FF Edward J. Day, L-11

BC Thomas P. DeAngelis, BN-8

Lt. Manuel Del Valle, Jr., E-5

FF Martin N. DeMeo, HM-1

FF David P. DeRubbio, E-226

Lt. Andrew J. Desperito, E-1

BC Dennis L. Devlin, D-3

FF Gerard P. Dewan, L-3

FF George DiPasquale, L-2

Lt. Kevin W. Donnelly, L-3

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Lt. Kevin C. Dowdell, R-4

DC Raymond M. Downey, Sr., SOC

FF Gerard J. Duffy, L-21

Capt. Martin J. Egan, Jr., L-118

FF Michael J. Elferis, E-22

FF Francis Esposito, E-235

Capt. Michael A. Esposito, SQ-1

FF Robert E. Evans, E-33

BC John J. Fanning, HAZ MAT

BC Thomas J. Farino, E-26

FF Terrence P. Farrell, R-4

BC Joseph D. Farrelly, E-4

First Deputy Comm. William M. Feehan

FF Lee S. Fehling, E-235

FF Alan D. Feinberg, BN-9

FF Michael C. Fiore, R-5

Capt. John R. Fischer, L-20

FM Andre G. Fletcher, R-5

FF John J. Florio, E-214

Lt. Michael N. Fodor, L-21

FF Thomas J. Foley, R-3

Lt. David J. Fontana, SQ-1

FF Robert J. Foti, L-7

Lt. Andrew A. Fredericks, SQ-18

Lt. Peter L. Freund, E-55

FF Thomas Gambino, Jr., R-3

Chief of Department Peter J. Ganci, Jr.

Lt. Charles W. Garbarini, L-61

FF Thomas A. Gardner, HM-1

FF Matthew D. Garvey, SQ-1

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FF Bruce H. Gary, E-40

FF Gary P. Geidel, R-1

DC Edward F. Geraghty, BN-9

FF Denis P. Germain, L-2

Capt. Vincent F. Giammona, L-5

FF James A. Giberson, L-35

Lt. Ronnie E. Gies, SQ-288

FF Paul J. Gill, E-54

Lt. John F. Ginley, E-40

FF Jeffrey J. Giordano, L-3

FF John J. Giordano, E-37

FF Keith A. Glascoe, L-21

FF James M. Gray, L-20

BC Joseph Grzelak, BN-48

Firefighter Jose A. Guadalupe, E-54

Lt Geoffrey E. Guja, E-82

Lt. Joseph P. Gullickson, L-101

Lt. David Halderman, SQ-18

Lt. Vincent G. Halloran L-8

FF Robert W. Hamilton, SQ-41

FF Sean S. Hanley, L-20

FF Thomas P. Hannafin, L-5

FF Dana R. Hannon, E-26

FF Daniel E. Harlin, L-2

Lt. Harvey L. Harrell, R-5

Lt. Stephen G. Harrell, L-10

FF Timothy S. Haskell, SQ-18

BC Thomas T. Haskell, Jr., L-132

Capt. Terence S. Hatton, R-1

FF Michael H. Haub, L-4

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Lt. Michael K. Healey SQ-41

FF John F. Heffernan, L-11

FF Ronnie L. Henderson, E-279

FF Joseph P. Henry, L-21

FF William L. Henry, Jr., R-1

FF Thomas J. Hetzel, L-13

BC Brian C. Hickey, R-4

Lt. Timothy B. Higgins, SQ-252

FF Jonathan R. Hohmann, HM-1

FF Thomas P. Holohan, E-6

FF Joseph G. Hunter, SQ-288

Capt. Walter G. Hynes, L-13

FF Jonathan L. Ielpi, SQ-288

Capt. Frederick J. Ill, Jr, L-2

FF William R. Johnston, E-6

FF Andrew B. Jordan, Sr., L-132

FF Karl H. Joseph, E-207

Lt. Anthony M. Jovic, L-34

FF Angel L. Juarbe, Jr., L-12

Chaplain Fr Mychal F. Judge

FM Vincent D. Kane, E-22

DC Charles L. Kasper, SOC BN

FF Paul H. Keating L-5

FF Richard J. Kelly, Jr., L-11

Lt. Thomas R. Kelly, L-105

FF Thomas W. Kelly, L-15

FF Thomas J. Kennedy, L-101

Lt. Ronald T. Kerwin SQ-288

FF Michael V. Kiefer, L-132

FF Robert C. King, Jr., E-33

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FF Scott M. Kopytko, L-15

FF William E. Krukowski, L-21

FM Kenneth B. Kumpel L-25

FF Thomas J. Kuveikis, SQ-252

FF David J. LaForge, L-20

FF William D. Lake, R-2

FF Robert T. Lane, E-55

FF Peter J. Langone, SQ-252

FF Scott A. Larsen, L-15

Lt. Joseph G. Leavey, L-15

FF Neil J. Leavy, E-217

FF Daniel F. Libretti, R-2

Paramedic Carlos R. Lillo, EMS BN 49

FF Robert T. Linnane, L-20

Lt. Michael F. Lynch, L-4

FF Michael F. Lynch, E-40

FF Michael J. Lyons, SQ-41

Lt. Patrick J. Lyons, SQ-252

FF Joseph Maffeo, L-101

FF William J. Mahoney, R-4

FF Joseph E. Maloney, L-3

DC Joseph R. Lt. Charles J. Marchbanks, Jr., BN-12 Margiotta, L-85

FF Kenneth J. Marino, R-1

FF John D. Marshall, E-23

Lt. Peter C. Martin, R-2

Lt. Paul R. Martini, E-201

FF Joseph A. Mascali, R-5

FF Brian G. McAleese, E-226

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FF John K. McAvoy, L-3

FF Thomas J. McCann, E-65

Capt. William E. McGinn SQ-18

BC William J. McGovern, BN-2

FF Dennis P. McHugh, L-13

FF Robert D. McMahon, L-20

FF Robert W. McPadden, E-23

FF Terence A. McShane, L-101

FF Timothy P. McSweeney, L-3

FF Martin E. McWilliams, E-22

FF Raymond M. Meisenheimer, R-3

FF Charles R. Mendez, L-7

FF Steve J. Mercado, E-40

FFDouglas C. Miller, R-5

FF Henry A. Miller, Jr., L-105

FF Robert J. Minara, L-25

FF Thomas Mingione, L-132

Lt. Paul T. Mitchell, L-110

BC Louis J. Modafferi, R-5

Lt. Dennis Mojica, R-1

FF Manuel Mojica, SQ-18

FF Carl E. Molinaro, L-2

FF Michael G. Montesi, R-1

Capt. Thomas C. Moody E-310

BC John M. Moran SOC BN

FF Vincent S. Morello, L-35

FF Christopher M. Mozzillo, E-55

FF Richard T. Muldowney, Jr., L-7

FF Michael D. Mullan, L-12

FF Dennis M. Mulligan, L-2

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Lt. Raymond E. Murphy, L-16

Lt. Robert B. Nagel, E-58

Lt. John P. Napolitano, R-2

FF Peter A. Nelson, R-4

FF Gerard T. Nevins, R-1

FF Dennis P. O'Berg, L-105

Capt. Daniel O'Callaghan, L-4

FF Douglas E. Oelschlager, L-15

FF Joseph J. Ogren, L-3

Lt. Thomas G. O'Hagan, E-6

FF Samuel P. Oitice, L-4

FF Patrick J. O'Keefe, R-1

Capt. William S. O'Keefe, E-154

FF Eric T. Olsen, L-15

FF Jeffrey J. Olsen, E-10

FF Steven J. Olson, L-3

FF Kevin M. O'Rourke, R-2

FF Michael J. Otten, L-35

FF Jeffrey A. Palazzo, R-5

DC Orio J. Palmer BN-7

FF Frank Palombo, L-105

FM Paul J. Pansini, E-10

DC John M. Paolillo, SOC BN

FF James N. Pappageorge, E-23

FF Robert E. Parro, E-8

FF Durrell V. Pearsall, R-4

Lt. Glenn C. Perry, L-25

Lt. Philip S. Petti, L-12

Lt. Kevin J. Pfeifer E-33

Lt. Kenneth J. Phelan, Sr., E-217

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FF Christopher J. Pickford, E-201

FF Shawn E. Powell, E-207

FF Vincent A. Princiotta, L-7

FF Kevin M. Prior, SQ-252

BC Richard A. Prunty, BN-2

FF Lincoln QuappĂŠ, R-2

Lt. Michael T. Quilty L-11

EMS Lt. Ricardo J. Quinn, EMS BN-57

FF Leonard J. Ragaglia E-54

FF Michael P. Ragusa, E-279

FF Edward J. Rall, R-2

FF Adam D. Rand, SQ-288

FF Donald J. Regan, R-3

Lt. Robert M. Regan, L-118

FF Christian M.O. Regenhard, L-131

FF Kevin O. Reilly E-207

Capt. Vernon A. Richard, L-7

FF James C. Riches, E-4

FF Joseph R. Rivelli, Jr., L-25

FF Michael E. Roberts, E-214

FF Michael E. Roberts, L-35

FF Anthony Rodriguez, E-279

FF Matthew S. Rogan, L-11

FF Nicholas P. Rossomando R-5

FF Paul G. Ruback, L-25

FF Stephen P. Russell, E-55

Lt. Michael T. Russo, Sr., SQ-1

BC Matthew L. Ryan, BN-4

FF Thomas E. Sabella, L-13

FF Christopher A. Santora, E-54

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Fire Lines

NO. 2 2011

Page 17

FF John A. Santore, L-5

FF Gregory T. Saucedo, L-5

FF Dennis Scauso, HM-1

FF John A. Schardt, E-201

BC Fred C. Scheffold, Jr., BN-12

FF Thomas G. Schoales, E-4

FF Gerard P. Schrang, R-3

FF Gregory R. Sikorsky, SQ-41

FF Stephen G. Siller, SQ-1

FF Stanley S. Smagala, Jr., E-226

FF Kevin J. Smith, HM-1

FF Leon Smith, Jr., L-118

FF Robert W. Spear, Jr., E-26

FF Joseph P. Spor, Jr., R-3

BC Lawrence T. Stack, SFTY BN1

Capt. Timothy M. Stackpole, L-103

FF Gregory M. Stajk, L-13

FF Jeffrey Stark, E-230

FF Benjamin Suarez, L-21

FF Daniel T. Suhr E-216

Lt. Christopher P. Sullivan, L-111

FF Brian E. Sweeney, SQ-288

FF Sean P. Tallon, L-10

FF Allan Tarasiewicz R-5

FF Paul A. Tegtmeier, E-4

FF John P. Tierney, L-9

FF John J. Tipping, II, L-4

FF Hector L. Tirado, Jr., E-23

FF Richard B. Van Hine SQ-41

FF Peter A. Vega L-118

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Fire Lines

NO. 2 2011

Page 18

FF Lawrence G. Veling E-235

FF John T. Vigiano, II, L-132

FF Sergio G. Villanueva, L-132

FF Lawrence J. Virgilio, SQ-18

Lt. Robert F. Wallace, E-205

Lt. Jeffrey P. Walz, L-9

Lt. Michael P. Warchola L-5

Capt. Patrick J. Waters, HAZ MAT

FF Kenneth T. Watson, E-214

FF Michael T. Weinberg, E-1

FF David M. Weiss, R-1

FF Timothy M. Welty, SQ-288

FF Eugene M. Whelan, E-230

FF Edward J. White, III, E-230

FF Mark P. Whitford, E-23

Lt. Glenn E. Wilkinson, E-238

BC John P. Williamson, BN-6

Capt. David T. Wooley, L-4

FF Raymond R. York, E-285

Photo Credit: Stephen N. Symbolik III

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NO. 2 2011

Fire Lines

Page 19

WTC Deaths Post Retirement (as certified by the NYC FD Pension Board) Member Name Unit 1. FF Walter Voight Ladder 144 2. FF Stephen Johnson Ladder 25 3. FF Joseph Costello Battalion 58 4. FM William Wilson, Jr. Manhattan Base 5. Lt. Thomas Hodges Engine 313 6. FF Michael P. Shagi Engine 74 7. FF William E. Moreau Engine 166 8. Lt. John Murray Engine 165 9. FF Bruce Foss Ladder 108 10. FF Jacques W. Paultre Engine 50 11. FF Kevin Delano Ladder 142 12. Lt. Vincent J. Tancredi Ladder 47 13. FF Edward F. Reilly Jr. Ladder 160 14. Lt. Thomas G. Roberts Ladder 40 15. Cpt. Kevin J. Cassidy Engine 320 16. Lt. Peter J. Farrenkopf Marine 6 17. BC John J. Vaughan Battalion 3 18. FF James Ryan Ladder 167 18. Lt. Harry Wanamaker Jr. Marine 1 20. FF Vincent Albanese Ladder 38 21. FF John Sullivan Ladder 34 22. FF Roy Chelsen Engine 28 23. Lt. Andrew Borgese Engine 326 24. Lt. Randy Wiebicke Ladder 1 25. FF Brian Malloy Ladder 80 26. Lt. John Garcia Ladder 5 Active WTC Deaths 1. FF William St. George SOC 2. FF Sean McCarthy Engine 280 3. FF Timothy Lockwood Engine 275 4. FF John McNamara Engine 234 5. FF Richie Manetta Ladder 156 6. FF Robert Ford Engine 284 7. Lt. Robert Hess Ladder 76

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Date of Death 02/02/04 08/06/04 01/03/06 07/15/06 08/30/06 06/22/07 03/12/08 04/30/08 06/14/08 06/24/08 07/30/08 08/08/08 07/23/09 08/12/09 08/30/09 10/18/09 10/26/09 12/25/09 07/21/10 08/01/10 12/25/10 01/09/11 01/25/11 03/02/11 03/28/11 05/13/11 07/01/07 05/27/08 05/27/09 08/09/09 10/10/09 10/29/09 05/02/10


Fire Lines

NO. 2 2011

General Counsel’s Column Michael A. Block, Esq. his article will briefly discuss the current status of three legal issues that are very relevant to New York City firefighters. THE ZADROGA BILL Approximately eight months ago, the Zadroga Bill was signed by President Obama to provide funding for continued medical monitoring and care of 9/11 emergency responders. In addition, the statute provides for the reopening of the Victim Compensation Fund (“Fund”) to provide moentary awards to those responders and others who were injured or became ill due to their 9/11 related work at the WTC site. Congress has approved the appointment of Sheila Birnbaum, Esq. as the Special Master for the Fund. Ms. Birnbaum is a very accomplished attorney who I have known for more than 40 years. She is extremely experienced in evaluating injury and illness claims. She has already reached out to various unions, including the UFA, for their input into how the Zadroga Bill should work. The new Fund will only remain in existence for five years, unless its life is extended by Congress. Those people who already know they have illnesses or injuries related to 9/11 will have two years from the date the new regulations for the Fund are promulgated to file a claim. Those regulations have not yet been published. We expect that they will be available very shortly.For persons who are not yet aware of their injuries, they will have two years from when they know or should have known they are ill to file a claim, as long as it falls within the fiveyear life of the Fund. Unfortunately, a recent Government study has concluded that the medical evidence thus far available, fails to establish a link between WTC exposure and cancer. We are hopeful that Ms. Birnbaum will view this study with skepticism, in view of the obviously high incidence of cancers suffered by firefighters who worked at the WTC site. We are also hopeful that additional studies more focused on firefighters will soon establish a link between the WTC and cancers. Importantly, it appears that individuals who received an award from the first Victim Compensation Fund may still be eligible to file a claim with the new Fund for a new injury or illness. In addition, they may be able to file for an unexpected exacerbation of their original injury. My law firm is representing more than 200 claimants for whom we will file applications with the new Fund. As counsel for the UFA, we are extensively involved in the process to establish procedures for the filing of claims. I suggest that you contact my firm if you believe you have an illness or injury that would qualify for an award by the new Fund set up under the Zadroga Bill.

T

Page 20

FDNY DRUG CASES Contrary to occasional rumors that you may have heard, the FDNY unfortunately still maintains a “zero tolerance” policy against illegal drug use by members of the Department. If an FDNY drug screen reveals that you have used heroin or cocaine or other illegal substances, the Department will seek your termination. The only encouraging legal development in this area was a relatively recent decision by an intermediate Appellate Court in Brooklyn. It found that the termination of a firefighter, who had served with an excellent record for more than 25 years in the Department, was excessive and that he should have been permitted to pay a substantial fine and allowed to retire. However, the City has appealed this decision and the Court of Appeals, New York’s highest Court, has agreed to hear the case. We do not expect any decision from the Court of Appeals until the Fall. Thus, the zero tolerance policy still remains in effect. There are still random drug tests. Most importantly, any firefighter using illegal substances is jeopardizing his employment and his pension. RIG ACCIDENTS It is extremely important that all chauffeurs drive their apparatus safely and minimize, as much as possible, the risk of accidents that could result in death or serious injury to firefighters and/or members of the public. There is also a risk of disciplinary action and personal liability if you fail to follow applicable FDNY rules governing traffic regulations. The concern over this issue has been heightened by a recent decision of the New York Court of Appeals in a case entitled Kabir v. County of Monroe. That case has now made it easier to prove a civil claim against the FDNY and the chauffeur of a rig for accidents that occur during their response to emergencies. Prior to the case, an injured party would have to prove not only that a chauffeur was negligent, but that he operated the rig with “reckless disregard for the safety of others.” In other words, the injured party had to meet a high standard to impose liability. The Kabir decision, however, dilutes that rule. Now, except for accidents caused by speeding, going through lights or stop signs or going the wrong way on a street, an injured party need only prove simple negligence to establish liability. For example, in the Kabir case, a police officer was held liable based on simple negligence when, while responding to an emergency, he rearended a stopped vehicle. If the injured party had been required to prove “reckless disregard for the safety of others,” there would have been no liability. However, the new lower standard was applied and the police officer and his employer were found legally responsible for the damages.Thus, it is extremely important to operate FDNY vehicles in a safe manner during ALL responses.

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Fire Lines

NO. 2 2011

Page 21 TRUSTEES:

THE SECURITY BENEFIT FUND OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO 204 EAST 23RD STREET, NEW YORK, NY 10010 TEL: (212) 683-4723 FAX: (212) 683-0693

To:

STEPHEN J. CASSIDY Chairman ROBERT STRAUB Treasurer JAMES M. SLEVIN JOSEPH A. MICCIO WILLIAM ROMAKA JOHN G KELLY, JR. DONALD RULAND EDWARD BROWN DANIEL MURPHY LEROY C. McGINNIS

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 condition and operations of the Fund for the fiscal year ended June 30, 2010. 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 eligible participants, which include firefighters, fire marshals, marine engineers, pilots, and uniformed wipers, pursuant to an Agreement and Declaration of Trust entered into between the Uniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trustees of the Fund. Such benefits are funded through employer contributions, which are established by collective bargaining agreements entered into between the UFA and the City of New York. The value of Fund assets, after subtracting liabilities of the Fund, was $36,669,943 as of June 30, 2010, compared to $34,519,786 as of July 1, 2009. During the fiscal year the Fund experienced an increase in its net assets available for benefits of $2,150,157. Additions to the Fund totaled $20,031,289. These additions included investment income of $2,825,519, contributions of $16,376,750, and other income of $829,020. Deductions from the Fund totaled $17,881,132. These deductions included benefits paid to or for participants of $17,117,470 and administrative expenses of $763,662. For additional information write or call: Board of Trustees Security Benefit Fund of the Uniformed Firefighters Association 204 East 23rd Street New York, NY 10010 (212) 683-4723

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Fire Lines

NO. 2 2011

Page 22 TRUSTEES:

THE RETIRED FIREFIGHTERS SECURITY BENEFIT FUND OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO 204 EAST 23RD STREET, NEW YORK, NY 10010 TEL: (212) 683-4723 FAX: (212) 683-0693

To:

STEPHEN J. CASSIDY Chairman ROBERT STRAUB Treasurer JAMES M. SLEVIN JOSEPH A. MICCIO WILLIAM ROMAKA JOHN G KELLY, JR. DONALD RULAND EDWARD BROWN DANIEL MURPHY LEROY C. McGINNIS

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 condition and operations of the Fund for the fiscal year ended June 30, 2010. The Retired Firefighters 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 eligible participants, which include retired firefighters, fire marshals, and uniformed wipers, pursuant to an Agreement and Declaration of Trust entered into between the Uniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trustees of the Fund. Such benefits are funded through employer contributions, which are established by collective bargaining agreements entered into between the UFA and the City of New York. The value of Fund assets, after subtracting liabilities of the Fund, was $24,269,732 as of June 30, 2010, compared to $15,969,256 as of July 1, 2009. During the fiscal year the Fund experienced an increase in its net assets available for benefits of $8,300,476. Additions to the Fund totaled $24,729,623. These additions included investment income of $877,481, contributions of $19,591,466, and other income of $4,260,676. Deductions from the Fund totaled $16,429,147. These deductions included benefits paid to or for participants of $15,705,261 and administrative expenses of $723,886. For additional information write or call: Board of Trustees Retired Firefighters Security Benefit Fund of the Uniformed Firefighters Association 204 East 23rd Street New York, NY 10010 (212) 683-4723

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Fire Lines

NO. 2 2011

Page 23 TRUSTEES:

THE COMPENSATION ACCRUAL FUND OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO 204 EAST 23RD STREET, NEW YORK, NY 10010 TEL: (212) 683-4723 FAX: (212) 683-0693

To:

STEPHEN J. CASSIDY Chairman ROBERT STRAUB Treasurer JAMES M. SLEVIN JOSEPH A. MICCIO WILLIAM ROMAKA JOHN G KELLY, JR. DONALD RULAND EDWARD BROWN DANIEL MURPHY LEROY C. McGINNIS

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 condition and operations of the Fund for the fiscal year ended December 31, 2009. The Compensation Accrual Fund of the Uniformed Firefighters Association is a defined contribution pension plan that provides retirement benefits to New York City firefighters, fire marshals, marine engineers, pilots, and uniformed wipers pursuant to collective bargaining agreements between the City of New York and the Uniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA). Participants are eligible to participate in the plan on the date they commence employment. Benefits are funded through employer contributions, which are established by the collective bargaining agreements. The value of Fund assets, after subtracting liabilities of the Fund, was $120,844,943 as of December 31, 2009, compared to $102,610,111 as of January 1, 2009. During the fiscal year the Fund experienced an increase in its net assets available for benefits of $18,234,832. Additions to the Fund totaled $23,746,478. These additions included investment income of $15,209,535, and contributions of $8,536,943. Deductions from the Fund totaled $5,511,646. These deductions included benefits paid to participants of $5,192,826 and administrative expenses of $318,820. For additional information write or call: Board of Trustees Compensation Accrual Fund of the Uniformed Firefighters Association 204 East 23rd Street New York, NY 10010 (212) 683-4723

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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 A. 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

STEVEN TAGLIANI Fire Marshal Representative

BFI

STEPHEN N. SYMBOLIK III Managing Editor

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The Fire Lines - September 11th, Ten Year Anniversary Issue