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UFOA GENERAL MEMBERSHIP MEETING
April 8, 2004
President's Report
- Rabinowitz Letter
- Cornell Survey
- Albany Report
- WTC Generic CD-73
- WTC Responder Health Consortium Steering Committee
- Chief of Department Tenure Issue
- NYS Professional Firefighters Association Scholarships
- FDNY Holy Name Society Jubilee 2004
- 3rd Annual Deputy Chief Ray Downey Memorial 5k Run/Walk
- Overtime Average
- Uniformed Vacancy Report
- Judicial Proceedings
On March 30 th , Clyde Haberman wrote an article in the NY Times, “A Pedestal Too High for Some”. The article was a callous commentary about firefighters falling from the pedestal that we were placed on after 9/11. We have had a difficult time since the events of New Year's Eve, but just like after the tragic events of 9/11, all of us had to continue to do our job to the best of our ability.
Steven Rabinowitz, Counsel to the UFOA, wrote a response to Haberman's article. An abridged version of his letter was published in the NY Times on Sunday, April 4 th . I would like to begin my President's Report by reading Steve's letter. I think Steve has captured the emotion of most firefighters in his letter and I thank him for taking the time to reply to such an ugly attack.
To the Editor:
How easy it seems for Clyde Haberman to wax snidely about the recent events at the Tottenville firehouse ("A Pedestal Too High For Some," column, March 30); how glibly he mocks the men whose lives were irreparably altered by the single swing of a metal chair. He notes that reports of alcohol and drug abuse within the Fire Department's ranks are running 50 percent higher than they were a year ago and declares that "firefighters as a group have tumbled from the pedestal where they were placed after the heroics and torment of September 11, 2001." One wonders on what great pedestal he sits that allows him to poke fun at men in obvious distress and to deride an entire group of noble public servants based upon the foolish actions of but a few.
It is easy to save our sympathy for those who perished on 9/11 and now, after just a short time has passed, to jeer at those who must soldier on in their stead. Those who survive holocausts carry with them a monstrous burden to live lives even greater than those that were lost. After 9/11, the public and the press alike elevated every surviving firefighter to the exalted status of hero. Few, if any, asked to be held so high; most wished simply to honor the dead by returning to duty. Yet we insisted that they climb atop the pedestals we created. As was inevitable, with the passage of time, some of our heroes proved to have feet of clay. Most, however-though scarred far more deeply by 9/11 than Mr. Haberman could ever suppose-remain the men and women they always were: devoted, selfless, noble, doing their best in a world turned upside down. Far better for us to lift up our hands to help them step down from the pedestals on which we placed them, than to knock them to the ground with petty barbs and cheap shots.
Steven Rabinowitz, Esq.
Counsel to the Uniformed Fire Officers Association
Last year, the Smithers Institute at Cornell's School of Industrial and Labor Relations began an independent study for the UFA and UFOA concentrating on workplace issues such as supervision, decision making, communications, job hazards, involvement in 9/11 rescue issues, post-traumatic stress, drinking, anxiety and depression. The UFA made the initial contact with Cornell in an effort to develop a labor based survey about a wide range of issues that affect firefighters. The UFA reached out and invited us to participate. Although the questions were similar, the questions were specifically designed for Officers by the UFOA and firefighter questions were developed by the UFA.
Last week, Cornell University, the UFA and the UFOA invited the FDNY to attend a meeting to discuss the preliminary findings of the study. As we enter negotiations with the Department on random drug testing, we want to stress the need for education and treatment. We believe the data showed that every fire officer and firefighter believes he or she is an important stakeholder in the firehouse. We want to work with Cornell, Smithers and the FDNY Counseling Unit, to find a way to use peers to get those members who need help into a treatment program. Copies of the news release are here at the meeting tonight, and are available on our website: www.ufoa.org .The UFOA has been very active in Albany in the fight to reopen six engine companies. We have about two months to win or lose this fight.
The UFOA went to Assemblyman Jeff Klein, the chairman of the Assembly Oversight, Analysis and Investigation Committee, on December 15, with statistics that showed significantly higher response times since the closing of six engine companies in May.
Klein began an investigation and announced results on January 15. On the same day he wrote to Commissioner Scoppetta, demanding detailed information on the results in the six affected neighborhoods. He also said he would hold a public hearing, which he did on March 4. By that time he had been joined by the chairs of the Codes Committee (Joe Lentol) and the Cities Committee (Scott Stringer).
But it wasn't until February 25, when the Fire Department responded to Klein's FOIL request for results in the affected communities, that we were able to break through a virtual blackout in the news media on this issue. Jim McGowan had also been meeting with Speaker Miller and members of the City Council on numerous occasions. Klein and other members of the Assembly and the City Council held a news conference in front of Engine 204 on March 21, and the resultant news coverage prompted City Council Speaker Gifford Miller to announce on March 25 he would put $8.3 million into the budget to reopen the firehouses.
No sooner had Speaker Miller done so than Bloomberg swore it would never happen. Quick as a flash, Scoppetta said the same thing.
But up in Albany, the State Assembly has been simmering for months about this issue. Jack Ginty, Marty Steadman and I met with the Brooklyn delegation in early March, and Ginty and Steadman met with the Queens delegation the next day. Both delegations circulated petitions to Speaker Silver to force Bloomberg to reopen the firehouses, and Scott Stringer subsequently circulated a similar petition to his Manhattan colleagues. The Assembly is examining legislation submitted by the city that would produce additional state aid, and we are hopeful the Legislature will attach an amendment to compel the city to reopen the firehouses with money from one of these bills.
# A 211 Waiver for qualified police and fire members to teach in the city's public schools and at the same time collect their pensions. This bill passed the Senate last year and was stopped in the Assembly on the last night.
# The World Trade Center presumptive bill for illnesses incurred during and after the terrorist attack. The bill passed both houses of the Legislature last year but was killed on the Governor's desk when the Mayor sent the Governor a Fiscal Note of hundreds of millions of dollars. The Senate and Assembly have rewritten the bill to reduce the coverage, and I hope we can convince the Governor to sign it this year. We are trying to determine if strokes suffered by members working at the World Trade Center site might be covered in the WTC presumptive bill, and as of now I'm not sure if the language can be interpreted that way.
# The annual 3% COLA increase for police and fire line-of-duty widows. This is a one-year bill and we have been successful for 26 consecutive years.
# We have a bill in to amend the inequities in the COLA increase in the legislation passed in 2000, and how it impacted on VSF recipients.
We met with Dr. Kelly on the status of the generic CD-73 that was to be placed in every member's folder. Dr. Kelly said due to a programming problem, the CD-73's are not on file. The Bureau of Health Services said this problem will be resolved shortly. When the CD-73's are ready for entry, there will be a blank portion so members will have the opportunity to enter additional comments related to their exposure.
WTC Responder Health Consortium Steering Committee
This committee has been formed and consists of eight unions; Building Trades, DC 37, Communication Workers of America, UFA, UFOA, EMS, and EMS Superior Officers. The committee is also made up of six Clinical Centers and two District Clinical Centers (Mount Sinai and BHS). Each Union mentioned and the six clinical centers and the two clinical centers all have one vote each. Dennis Hughes, President of the NYS AFL-CIO, chairs this committee. There is also an Executive Committee consisting of Dennis Hughes, Mount Sinai (Dr. Stephen Levine) and the BHS (Dr. Prezant). The Executive Committee only votes to break ties. This is a five-year longitudinal study put together to monitor the long-term health effects of people who worked at the WTC. We will make full details of this medical screening program as it becomes available.
Chief of Department Tenure Issue
The Department of Citywide Administrative Services announced their intention to extend the probationary period for the new Chief of Department exam from one to three years. We objected to this extension of probation and met with the City numerous times. We have reached a tentative agreement with the City that would extend probation from one to two years. In 1987, the NYPD increased probation for new officers to two years. The PBA fought this change and lost. They appealed the decision and lost at the Appellate Division. We agreed to the two year probation in an attempt to avoid litigation that we believed we had little chance to prevail. The agreement reached with the City is for four years only and will sunset after that time. The agreement cannot be used by either party in future litigation. The Department also agreed not to change the one year tenure for all other ranks for four years or the next test, whichever is greater.
NYS Professional Firefighters Association Scholarships
The NYS honorary Fire Chiefs Association and the NYS Professional Firefighters Association will be sponsoring six (6) $1,000.00 scholarships to high school senior and recent high school graduates who will not have completed more than one (1) year of college by September, 2004. (Eligibility requirements are more defined on application). Any child whose parent is a member of the NYSPFFA is eligible. Winners will be announced at the NYSPFFA Annual Convention, to be held in Binghampton, NY this year. Applications are available at this evenings meeting or by calling Financial Secretary Jim McGowan at the UFOA office (212) 293-9300. Applications must be postmarked by June 12, 2004.
FDNY Holy Name Society Jubilee 2004
The Holy Name Society will hold its 80 th Communion Mass and Breakfast on April 18, 2004. The Mass will be at St. Patrick's Cathedral, during the Cardinal's Mass at 10:15 AM. Participants will then march to the New York Hilton on 6 th Avenue and 53 rd Street for breakfast. During the breakfast, the Holy Name Society will honor two outstanding men, FF Walt Whitmore, L49 retired, and FF Jimmy Boyle, E217 retired and former UFA President. Parking will be made available with proper I.D. Make checks payable to the Holy Name Society and send to NYFD Holy Name Society, Chris Ward, 1911 Petitt Avenue, North Merrick, NY 11566.
3rd Annual Deputy Chief Ray Downey Memorial 5k Run/Walk
To keep his memory & the memory of all those who lost their lives on September 11th Fathers Day, June 20, 2004; 5k(3.1 mile)- 10:00AM Kids Fun Run - 09:30 AM; K of C, 759 Long Island Ave, Deer Park, NY 11729 Pre-reg. - $13; Race day Reg. - $20; Kids Fun Run - NO FEE; Top FF's & Military Awards Post Race party, BBQ, Raffle, Pre & Post race food & drink, Medals for all kids in fun run, Carnival entertainment, DJ & music & more, for more info: www.chiefraydowney.com or USB30@aol.com or JRD308@optonline.net
Overtime Average
as of March 13, 2004
Lieutenant Hours Captain Hours SOC 243 SOC 241 Div 1 260 Div 1 167 Div 3 146 Div 3 140 Div 6 150 Div 6 176 Div 7 129 Div 7 149 Div 8 227 Div 8 201 Div 11 268 Div 11 276 Div 13 141 Div 13 152 Div 14 241 Div 14 143 Div 15 146 Div 15 139 AVERAGE 195 AVERAGE 178
Uniform Vacancy Report
(Effective April 12, 2004)
Lieutenant SFM Captain Battalion Chief Deputy Chief DAC AC Asst. Ch. FM Chief Fire Marshal There is no change in any pending litigation since the last membership meeting, except that discussions are continuing with the Fire Department and OLR concerning Administrative Fire Marshals. In addition, the City will not seek to change the probationary period for any UFOA ranks for the longer of four years or the life of next promotional exam for each position. We believe that the City cannot, in any event, act unilaterally in doing so, and must bargain on any change to the probationary period of any UFOA title.
We have also met with the Department and OLR concerning a random drug-testing program that they have proposed. These discussions are on going.
Counsel remains actively engaged in numerous disciplinary actions, involving DOI and the Staten Island District Attorney's office, as well as BITS of the Fire Department.
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