February

UFOA GENERAL MEMBERSHIP MEETING
February 11, 2004

President's Report

Table of Contents


UFOA Members' Rights Regarding Interrogations and Disciplinary Proceedings

This is intended to ensure that you know and exercise your rights under the UFOA contract when contacted by the Fire Department Bureau of Investigation and Trials or other City officials about possible disciplinary action. Upon receipt of any inquiry from the Department of Investigations or Bureau of Investigations and Trials or a Superior Officer regarding possible disciplinary actions, contact your UFOA representative before responding.

 

YOU MUST RESPOND TO INQUIRIES FROM REPRESENTATIVES OF THE BUREAU OF INVESTIGATIONS AND TRIALS OR SUPERIOR OFFICERS, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:

 

  1. You are advised of the name, rank, and unit of the individual conducting the interview.
  2. You must be advised whether you are a suspect in an investigation or not. If you are not a suspect, no statement you make can later be used against you.
  3. If you are a suspect, you must be advised of your legal right to have a Union representative and/or Attorney present. If you so request, the interrogation must be suspended to allow you a reasonable time to obtain such representation.
  4. You must be allowed time for personal needs, meals and necessary telephone calls. You may not be subjected to offensive or profane language, or threats and promises concerning your answer.
  5. If you are a suspect and your answers may result in charges, a stenographic or electronic record of the questioning must be made, unless the circumstances prevent such recording. The record must later be made available to you.
  6. You may not be questioned about out-of-uniform and off-duty behavior except if it pertains to:

    a. Official Department routine or business;
    b. Outside employment or service as a volunteer fireman;
    c. Conflict of interest;
    d. Injuries or illnesses;
    e. Residency; and
    f. Loss or improper use of Department property.

You must request at the time of questioning to arbitrate any dispute as to whether a question about off-duty conduct falls within any of the above exceptions.

  1. The interrogation or interview must be conducted during reasonable hours. If you are off duty and required to participate in an interrogation or interview, you will be compensated, including two hours travel time.

UPON THE FAILURE OF THE DEPARTMENT TO MEET THE FOREGOING CONDITIONS, YOU ARE NOT REQUIRED TO MAKE ANY STATEMENTS. WE RECOMMEND, HOWEVER, THAT YOU ADVISE THE DEPARTMENTS' OR INSPECTOR GENERAL'S REPRESENTATIVE OF THE FOLLOWING IN SUCH CIRCUMSTANCES:

“ I call your attention to the UFOA contract with the City of New York and the individual rights it affords me, including the right not to answer questions if you fail to comply with its requirements.

 

I insist that you comply with the contract and will make no further statement unless my UFOA representative is advised of the matter and present with me.”

 

WHEN IN DOUBT, CALL YOUR UFOA REPRESENTATIVE IMMEDIATELY:

UFOA Office and/or Answering Service:

(212) 293-9300

 

The rights, which we have won and secured in our contract only work if you understand them and exercise them, Use them – they protect you.

 


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Labor Management - The following issues were discussed at the meeting, which was held on 01/30/04:

  • The premature placement of units 10-8 that are continuing to operate at an incident. The Department is continuing efforts to educate the Bureau of Fire Communications. Units should not go 10-8 until they are available and able to respond. Also, a 10-18 should never be transmitted when using more than 1 engine and 1 ladder even for a brief period of time. For example, 1 engine and 2 ladders enter a building to investigate a smoke condition; a 10-18 is not the proper signal. When placed 10-8 prematurely, contact the dispatcher immediately, forward a report via the chain of command and notify the UFOA.

  • The differences in the NYC CFRD training protocol vs. the NYS CFRD training protocol. The Department has opted to reduce CFRD training to the State requirement. Certain 'skills' such as monitoring a patient's Blood Pressure will no longer be taught. The Department has not yet made a decision regarding the status of the Blood Pressure equipment carried on the apparatus, the relevant sections of the CFRD Manual, or the current configuration of the PCR where it relates to Blood Pressure readings.

  • The requirement to 'close out' an incident multiple times in the NYFIRS system. Allegedly the NYFIRS software problem has been corrected. When required to 'close out' a report that was closed out previously, forward a report via the chain of command and notify the UFOA.

  • The use of Social Security Numbers for the identification of members. Although the Department has made an effort to reduced the use of SS#s in many documents, there remain several situations where a member's complete SS# is required. Two recent examples of incorrectly requiring complete SS#s are the list regarding the Officers available for CFRD training and the report identifying the Chief Officer designated to attend Post Radio training. The Department has been notified of these two situations. When made aware of a situation that requires the use of a complete SS#, forward a report via the chain of command and notify the UFOA.

  • SOC Support Ladder Company Training - SOC Support Ladder Companies are required to have a minimum of one trained Officer and three trained Firefighters to be placed IS. Officers assigned to a SOC Support Ladder Company, Covering Officers, and Engine Company Officers in the same quarters as the SOC Support Ladder Company will be given the opportunity to attend the 80-hour training course. Officers are taken off the line to attend the training. When a trained Officer is not available for a tour, the opening will be filled as per SOP. For example, if a trained SA Officers is not available city wide; the Division will hire the PCOT from a list of trained Officers from that Division. The Department intends to train as many Officers as possible to be qualified as SOC Support Ladder Company Officers.

  • A recent change in the CFRD response protocol which requires 2nd due units to respond to Segment 1 incidents, when the 1st due unit is un-available. Attorneys for the UFOA are reviewing this amendment and are in contact with the attorney for the UFA. The UFOA is contemplating the filing of an Improper Practice with the Office of Labor Relations (OLR).

  • FDNY / NYPD Protocol. The resolution of this decision has been delayed once again. The NYPD was dissatisfied with the nearly complete agreement, replaced their representative, and decided to start from square one. The NYPD has become more aggressive and antagonistic regarding the protocol as negotiations continue. Officers should not hesitate to call for a ranking Officer of the NYPD and a ranking Officer of the FDNY at the first hint of a confrontation. Be aware that the only way to get the attention of 9 Metro Tech is to forward a report via the chain of command for every incident.

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Negotiating Advisory Committee -We are beginning the process of formulating our NAC Committee in anticipation of contract negotiations. The process used for our last NAC Committee will serve as the model this time. The battalion delegates from each division will caucus and select the delegate to represent their division. The battalion delegates will also meet to select a non-delegate member to serve each division. All members will be given the opportunity to volunteer. There are volunteer sheets available at the meeting today.

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Chief of Department Exam -We have had two meetings with Corp. Counsel regarding the change in tenure from one to three years. We are willing to negotiate a possible settlement but are prepared to litigate if necessary. We will not accept a three year tenure. The membership should be aware that the current probation for police officers is two years. The PBA litigated this issue in 1987 and lost.


1-800-Flowers.com - The UFOA has joined with 1-800-Flowers to provide our members and their families with a 15% discount when ordering their products. In addition a 2% rebate on each purchase will be given to the UFOA Bravest Scholarship Fund. To receive the discount the code 'UFOA' must be utilized. A letter has been sent to each Company Commander and each UFOA Delegate describing this arrangement. In the near future a similar notification will be sent to each active and retired member. A one-page flyer is available at today's meeting.


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Family Liaisons and all Fire Officers - The FDNY Counseling Services Unit would like to remind the family liaisons and all Fire Officers that there are many services available to you and your families. The CSU has had a support network in place since shortly after 9/11. For further information, contact Phil Duncan, Liaison Coordinator, CSU, at 212-570-1693 (w) or 917-468-5151 (c).

 

New York Blood Center - The FDNY and the New York Blood Center have partnered to increase blood donations in New York City and to educate the public on the need for blood for burn victims. The program will be introduced in Brooklyn and the Bronx between now and June 2004. Nearly 100% of every new class of firefighters in the past 5 years has donated blood or registered with the bone marrow registry. The FDNY is New York Blood Center's single largest bone marrow registry group with over 8,000 firefighters registered, of which more than 50 have become donors for patients. The UFOA endorses the New York Blood Center and its partnership program with the FDNY.


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UFOA Endorses Senator John Kerry - The UFOA will be formally endorsing Sen. John Kerry for the Democratic nomination on Thursday, February 12, 2004, on the steps of City Hall at 1:30pm. We are looking for approximately 50 off-duty Fire Officers to come out and show their support. Primary Day in New York is March 2, 2004. The UFOA will be asking for volunteers to help work in the morning and evening at the major transportation centers located within the 5 boroughs, (Grand Central Station, Port Authority, etc) as well as in the outer boroughs, (Hicksville train station, etc).

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WTC 9/11 $2,000 Company Reimbursement - We will be closing out our WTC 9/11 Funeral and Memorial $2,000 benefit account. A unit that handled the arrangements, funeral and/or memorial service for a fire officer that was killed, is entitled to be reimbursed up to $2,000 from the UFOA. The benefit is to be paid to the company to help cover their expenses. If you handled the service for a member killed on 9/11 and have not requested a reimbursement and wish to, please do so by March 31, 2004.

 

Overtime Average
as of December 31, 2003

Lieutenant Hours Captain Hours
SOC 275 SOC 272
Div 1 268 Div 1 162
Div 3 139 Div 3 110
Div 6 128 Div 6 167
Div 7 154 Div 7 262
Div 8 207 Div 8 210
Div 11 281 Div 11 257
Div 13 168 Div 13 136
Div 14 295 Div 14 183
Div 15 184 Div 15 158
AVERAGE 210 AVERAGE 182

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Uniform Vacancy Report
  (Effective February 24, 2004)

   
Last # reached
Lieutenant
23
474
SFM
10
016
Captain
-03
167
Battalion Chief
00
150
Deputy Chief
06
08
DAC
-02
  
AC
01
  
Asst. Ch. FM
00
  
Chief Fire Marshal
00
  

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Judicial Proceedings

VSF Litigation - At a status conference in January, motions to dismiss have been scheduled for filing in May, plaintiffs' response is due in June, and argument on the motions in June or July.

Administrative Fire Marshal's Arbitration - Efforts continue to resolve the matter.

Other Proceedings - Executive Officers, Battalion Commander Improper Practices and Company Closing cases are pending before BCB.

Our offices have been actively and intensively involved in the plethora of recent disciplinary actions before BITS, DOI and the District Attorney's Office in Staten Island.

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