April 20, 2005
854 PASS ALONG BULLETIN
#8 of 2005
Constitution and By Laws Committee – At the April Membership meeting, I began the process of soliciting volunteers to serve on the Constitution and By Laws Committee. Our constitution serves the membership well, but it is good process to have a committee review our constitution, solicit comments and make recommendations of any changes to the membership.
The Committee will consist of 6 members; 2 from the lieutenants' and supervising fire marshal ranks, 2 from the captains' rank and 2 from the chiefs' rank. If you are interested in serving on this committee or want more information, please call Peter Gorman or Mary Travers at the UFOA office, 212-293-9300. A copy of our constitution will be sent to the entire membership in the near future. The Committee members will be announced at the May GMM.
EMS Committee - I am also in the process of forming an EMS Committee. The department has several ideas about how to expand the FDNY's role in the delivery of EMS services to the public. This committee must be willing to work with the department and our sister EMS unions and be open to new ideas while preserving the integrity of our ranks and our union. The Committee will consist of 6 members; 2 from the lieutenants' and supervising fire marshal ranks, 2 from the captains' rank and 2 from the chiefs' rank. If you are interested in serving on this committee or want more information, please call Peter Gorman or Mary Travers at the UFOA office, 212-293-9300. The Committee members will be announced at the May GMM.
CD-73 – After numerous letters and meetings, the UFOA, UFA, Medical Office and the Department have agreed on a single CD-73 exposure report for all members on the job on 9/11/01. The following is the revised and final version to be submitted. “I was present on multiple days during the FDNY WTC rescue and recovery effort between September 11, 2001 and July 25, 2002. I am submitting this single CD 73 to cover all of my exposure days at the World Trade Center site, at the firehouses, morgues, Staten Island landfill and on Department apparatus. I had potential exposures to any or all of the following hazardous substances that have been identified by various specific authorities, as being present at Ground Zero. These substances included, but were not limited to: “World Trade Center Particulate Matter”, smoke from the WTC fires, jet fuel and combustibles, asbestos, silicates, man made vitreous fibers (ex. Slag wool, gypsum, glass, concrete), polycyclic aromatic hydrocarbons (PAH's), PCB's, dioxins, heavy metals, and human remains from WTC victims. Due to the unique nature of the WTC rescue and recovery effort, at various times during my WTC related activities, I feel that my personal protective equipment did not provide me with adequate protection. I believe the FDNY failed to provide me with proper respiratory protection during all or a portion of the WTC rescue and recovery effort.”
Personal Ropes –The UFOA Safety Committee met yesterday with the Dept. and those involved with testing the Personal Escape System (P.E.S.). The Dept has hired a consultant and rope expert to work with the Dept. The company, “Exponent”, is very knowledgeable on NFPA standards and has already observed testing at the Division of Training. They will review over 500 evaluations that members have completed while testing over 36 ropes and approximately 10 escape devices. A final decision is expected shortly, we will continue to update the membership as testing continues.
Random Drug Testing - The UFOA and the UFA met with the Department on April 12 th to work out a selection procedure that will ensure that random drug testing selection is in fact, “random”.
Labor Management - The last Labor Management Committee meeting with the Department yielded several positive developments:
• The Department is in the process of providing METRO cards to all units. This will permit access to unattended subway and elevated train stations at all times.
• Policy and Guidelines are being prepared for Joint FD / EMS facilities. Guidelines will also be established for Battalion supervision of EMS units and Safety Support Battalion operations.
• The Department has agreed to seek alternatives to placing units OOS for Special Events. The current policy of the Department is the fill the void created at special events by relocating units. We believe the current policy deprives communities of necessary fire protection.
• The Department has agreed to reevaluate staffing policy for LOD deaths.
• The Department will give written notice to each eligible candidate who is certified from an eligible list and who has not been elected for appointment or promotion when another candidate is appointed or promoted, or is made ineligible for further certification.
Mr. Stephan Hittmann - After the events of 09/11/01, this former civilian employee of the Fire Department has masqueraded in the uniform of the FDNY. He was so bold as to wear the insignia of the Chief of Department and numerous decorations for valor. Conduct of this nature is absolutely offensive to the members of the FDNY and cannot be tolerated. During several speaking engagements in which he participated, he characterized his career in the FDNY as being a leader who helped rebuild the FDNY after 09/11/01. The facts could not be further from the truth. When we learned of his activities, the UFOA was able to provide information to a company that was in the process of hiring him for a management position and others contracting with him for future lectures. Needless to say, job offers and his ability to lecture have stopped. This past week there have been several newspaper articles that criticized his fund raising and the use of the FDNY uniform. The Department has also notified DOI and provided documentation regarding Mr. Hittmann's activities.
Apparatus Cameras – The Department has installed cameras on four units; E-226, E-315, L-9, and L-81, as part of a pilot program. Please be aware that these cameras can and will be used against you and your chauffer if the apparatus is being operated in an illegal and/or unsafe manner. Although the Department is permitting apparatus to proceed through red lights and stop signs without stopping, we continue to instruct our members to order your chauffers to follow NFPA guidelines and require your chauffer to stop at all red lights and stop signs before proceeding through intersections while responding. The Dept. is upset that we are instructing our officers to follow NFPA guidelines but we are on sound legal ground. Also, remember if you cross a double yellow line to proceed against traffic or proceed down a one way street unless absolutely necessary, you will be held liable if you have an accident.
Disabled Firefighters Fund – We have been informed by one of our members that he was solicited by a charity called, “Disabled Firefighters Fund”. We did some investigating and retrieved a copy of their 2003 tax return. In 2003, the Disabled Firefighters Fund raised $407,000 and of that spent $406,000 on fundraising activities, with no money being distributed to disabled firefighters. We believe this fund is fraudulent and encourage our members not to donate. We will notify the New York State Attorney General. Please contact the UFOA immediately if you are solicited by any Fund that refers to “firefighters”.
UFOA Placards - Recently several members have been questioned regarding the use of our parking placards. Some have been threatened with arrest and/or given a summons. In one case a retired member's relative was arrested and then given a ‘Desk Appearance Ticket'.
I have to caution the membership that this plaque is for your use only. Each plaque is numbered and recorded as being issued to you. As a matter of common courtesy, never park at a firehouse without first stopping at the housewatch desk and asking permission to park in their zone.
Heroes Fund –The Heroes Fund has raised a total of $542,081. The Fund has made two distributions totaling $50,000 to each of the seven families and will be shutting the Fund and making a final distribution shortly. A luncheon was held on April 6 to thank the New York Post, including columnist Steve Dunleavy and publisher Lachlan Murdoch for their continued support of firefighters and the Heroes Fund. The luncheon was attended by the Meyran, Bellew and Sclafani families as well as Brendan Cawley, Joseph DiBernardo and Jeffrey Cool and Eugene Stolowski's wife and mother. Unfortunately, Eugene who is still in a rehab center in New Jersey was unable to attend.
UFOA World Trade Center Survey - At the November 2004 General Membership Meeting, a motion was made and passed unanimously, instructing the UFOA to survey our membership for any illness or injury received at the WTC site. Symptoms and illnesses not considered line of duty were of particular concern to the membership but may still be related to WTC exposure.
The UFOA sent out 3,283 surveys and had 2,155 (65.5%) returned to date. We are continuing to compile the results and need you to return your survey. If you did not receive your survey or misplaced it, please call John Cavanaugh at the UFOA office for a duplicate. We will be accepting returned surveys until April 30, 2005.
Legislative Report – The World Trade Center presumptive bill was reported from the Assembly Ways and Means Committee to the floor Tuesday. An identical bill is pending in the Senate. As you know, that bill has failed twice on the Governor's desk, mainly because of opposition from Mayor Bloomberg.
The two fire unions are part of an umbrella group on this issue, the Public Employees Conference. The strategy for this year is to pass the bill early enough to provide the time needed for an override of a possible veto. Though no changes have been made in the legislation the Governor pocket vetoed in January, the fiscal note attached has already been lowered, because a substantial number of uniformed city employees have been retired on accidental disability pensions in the last year. As affected members retire on three-quarters, the eligible pool of people covered by the WTC bill becomes smaller. We are hopeful Governor Pataki will take that fact into consideration and sign the bill this year.
Also moving on both sides of the Legislature are the Temporary Benefits extender (Heart Bill, Cancer Bill, ITHP, and HAT bill) and the Tier II extender for new hires. Also poised to move quickly is the Line of Duty Widows 3% COLA bill.
The legislative session is scheduled to end in late June and we have a menu of bills in the hopper, some of which may be achievable. Traditionally, this type of legislation waits until the budget is done, so we may soon have a clearer picture of what else can be accomplished this year. It is fair to expect that all of the legislation outlined in detail above will make it through the Legislature and onto the Governor's desk.
City Council – The UFOA testified on March 29 th , voicing our strong objection to Intro 561, legislation that would permit the FDNY Pension Board to convene additional 1B Medical Boards. Although at first glance it would appear to benefit our members, it is our belief that the delays in processing disability retirement applications are caused by the lack of clerical and support staff.
We also testified on March 30 th , to voice our support of Intro 587, legislation that would re-establish the Cadet Program and Intro 589, legislation that would require the Department to install female firefighter bathrooms in all firehouses.
We voiced our strong opposition to Intro 588, legislation that would establish two zones for the ranking of candidates for the firefighter civil service list. Zone 1 would consist of the top 50% of candidates who pass the test and Zone 2 would consist of the bottom 50%. The Department would be able to choose any candidate in Zone 1. When that list is exhausted, they then could randomly select candidates from Zone 2.
1127 Federal Litigation – The presiding judge, Barbara Jones, was assigned to the trial of WorldCom chief Bernard Ebbers. That trial is now complete and we expect a decision in the near future.
Fraternally, Peter Gorman
Publications Committee: President
S. Carbone; J. Dunne; A. Parrinello
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