UFOA GENERAL MEMBERSHIP MEETING
November 8, 2007
President's Report
- Flu Shots
- AFID
- Battalion Delegates
- Comp Time
- Fatal Fire Investigation
- Apparatus Safety Issue
- MRSA – Steps for protection
- CFR-D Differential and TPR Entries
- Disability Pension Taxation Update
- Health Benefits Program Transfer Period Fall 2007
- Reserve Educational Assistance Program (REAP)
- Turkey Trot
- FDNY vs. NYPD Boxing Match
- St. John's University
- Overtime Average
- Uniformed Vacancy Report
- Legal Proceedings
- Administrative Proceedings
- “…a slower, cheaper,demoralized Fire Department.”
The Executive Board would like to thank Nora Maloney and James Amberg for donating their time to administer your Flu shots. The Doctors and Nurses at the Bureau of Health Services have always gone out of their way to help our members and giving these Flu shots is just one example. Thank you.
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Accountability stops with the Chief Executive Officer and at the UFOA that’s me. I take responsibility for requesting “no volunteerism” and I take responsibility for rescinding it.
Having said this, I think accountability also stops with the Fire Commissioner and the Chief of Department. It is they who “mind the store”. It is they who are to have effective oversight of the Department’s strategies and controls. It is they who are responsible for management and control. They have a staff who should then be responsible for the quality of management and oversight of the controls. The staff should know what controls are in place; who is overseeing those functions and have a firm grip on the scope of the operation. There is a clear dichotomy between oversight and management and the staffs’ function is oversight, not day to day management.
How well has the Fire Commissioner and the Chief of Department carried out their responsibilities and how well has the staff responded to recent events? Not very well, you may say, but are they to blame? No staff can be expected to act on information NOT known to it. Experience shows that the staff should have substantial involvement in acting as a check against management. Staff must be informed and make sure that “warning signals” are not ignored or left to those who have no concerns or conflicting interests.
Someone from the FDNY should have, or did review, recommend and/or approve policies and procedures regarding the construction and deconstruction at the WTC site, including all the risks, acceptable or not.
Someone from the FDNY should have recognized the “warning signals” from the LMDC’s “revolving door” of directors and the lack of or non existence of communication to the FDNY.
Did the FDNY know exactly what was going on at the Deutsche Bank and if not, why not? Who did not inform the FDNY? Perhaps we need a new position in the FDNY. “Chief Risk Officer.” An independent officer who reports to the Chief of Safety only. We cannot rely solely on information that “happens to be provided”, we need to be more proactive in obtaining information; FDNY lacks a high ranking lead liaison for the WTC site, the largest construction site in NYC. There needs to be someone who is empowered to ask the challenging questions; someone to improve channels of communication and add another check to the Fire Commissioner and Chief of Department. FDNY actions or inactions have seriously damaged the Department’s credibility. The membership has lost confidence in their leadership and it is not enough to say the DA’s investigation has taken over and precludes any comment to the membership.
This administration needs to be more forthcoming and clearly demonstrate its advocacy of its members. They must ensure that no actions or inactions are taken that would send you home in a box instead of your car. They cannot continue to say, “we can’t do anything because of the DA’s investigation”. We are not asking the FDNY to interfere with the criminal investigation. We are asking the Dept. to place these 3 Fire Officers back in their commands and we are asking the Dept. to start defending our members to the press. We are asking the Dept. to start acting like the Mayoral, Regulatory Agency it is according to the Administrative Code of NYC. We are asking the Dept. to start demanding cooperation from other agencies and private concerns in order to protect the public and FDNY members. We are asking the FDNY to demand the rescinding of “self-certification” by engineers and architects. We are asking for the Dept. to start doing the job that is mandated by local law! How many more members have to die or be injured because of lack of compliance by other agencies or private concerns before this Dept. starts to flex its muscles and demand compliance as per local law?
Attached is the full page ad that the UFOA placed in the New York Times
We and the UFA have filed an “Improper Practice” regarding the additional Inspection period. Our argument is based on a “safety impact” we feel affects our members. At the October 18th meeting with OLR and the Chief of Department we raised our concerns regarding company training, company medicals, impact on availability and the impact on response times. All of which could negatively affect our safety and conditions of employment.
We are well aware of the Department’s ability to implement additional inspection since we negotiated this item in the 1987-1990 contract, but we strongly disagree with their plan.
This additional inspection period is a “Band-Aid” approach to a current inspection program that is long overdue for a complete overhaul. Consider the fact that we live with an inspection program that is applied uniformly to midtown Manhattan and City Island, Rockaway and downtown Brooklyn. Even in the face of a dramatic building boom for the last six years, the program has basically remained the same. The City itself responded by allowing “self certification” by the builders because the Dept. of Buildings could not keep up with the demand for certificate of occupancy inspections. However, this “self certification” program should have been a warning signal, a “red flag” for the FDNY to recognize. Instead the Dept. disbanded the Hi Rise Inspection Teams.
No one likes Building Inspection mainly because we see all its shortcomings and very little success. We don’t like it because we see little enforcement measures taken by the other agencies we depend on to follow up on our inspections. We don’t like it because it generates paper work that appears to just accumulate with no resolution forthcoming. We don’t like it because we see our inspection efforts fall by the wayside.
This union has a realistic plan that may fall on deaf ears at headquarters but we will pull out all stops to get the City Council and the Mayor to see the value of our plan. We will convince them that the FDNY must be proactive and plan to meet current and future needs. Our lives and the public’s depend on it.
As the Department’s new inspection plan goes forward, we are requesting that every Fire Officer keep the UFOA Executive Board informed of any unusual occurrences that could be attributed to the new inspection schedule. We are sure that you have seen that many units who respond to the same boxes will be out on building inspection at the same time. This is definitely going to have negative impacts on response times despite headquarters’ statement that it may “improve response times”. We would also like to know of any circumstances where training, drills, medicals, apparatus maintenance or meals are impacted. We will monitor the radio but you are the eyes and ears of this union.
We would also request that the Executive Board be notified of any vacates, especially in “high profile” occupancies. Remember, if you are not sure, call the Battalion. Remember, even when not on inspections, when you are at a response, that you have an obligation to recognize and report illegal and unusual occupancies.
We are recommending also, that all units review their outstanding A-8’s. If there has been no action taken by the DOB or other agency, then resubmit them ASAP. Make copies and document any correspondence you send or receive. If you send in a letterhead report, always request a written reply. Every Fire Officer should bear in mind that their career is in their own hands. Our inspection responsibilities should be taken very seriously or you too may find yourself “re-assigned”.
The UFOA Executive Board will be having Boro meetings in the very near future. The purpose of these meetings will be to underscore the importance of our delegates getting clear and accurate information to their Battalion officers in an expeditious manner. All members of that Boro are also invited. We are also going to create Division Delegates. These Division Delegates will be chosen from among the Battalion delegates and they will be our first line of communication. They will be responsible to convey important and timely messages to their Battalion delegates. We feel this is an important step to create a more broad and accurate information pipeline. We are also considering a delegate information card. This card will have a picture of the Battalion Delegate and their contact information. We will distribute this card to every officer in the appropriate Battalion. All delegates will receive a letter shortly asking for their permission to post their picture and they will be asked to designate an alternate to fill in for them in their absence. It is our goal to enhance communication from the Board to all members.
At this time, we are preparing our presentation and are awaiting a date to discuss this formally. I should point out that OLR is anxious to settle this matter as quickly as possible, especially since the Captains’ Endowment Association has ratified their new contract. This Executive Board will endeavor to reach a settlement that is reasonable for all of its members, bearing in mind the impacts it will have. However this issue has been around for many years and it cannot continue in its present format.
Any Fire Officer contacted for any interview or meeting pertaining to job related activities should ensure they notify the UFOA and speak to a Trustee prior to being interviewed.
The UFOA has received numerous calls over the last few days from units who are reporting apparatus safety problems to Fleet Maintenance. Units are being told that unless it is a serious problem they will not fix the problem when the unit is scheduled for Building Inspection. This order has come from Operations. Any Fire Officer that is being told this is to take a mark in the Company Journal and call a member of the UFOA Safety Committee (Jim McGowan, Pat Reynolds, Rich Alles).
Firefighters must be vigilant in following routine precautions on every patient encounter and must be diligent in keeping the firehouse clean. Other tips for disease prevention include:
- Follow general body fluid precautions on all patient encounters.
- Remove gloves after patient contact but before driving the rig. Do not contaminate the steering wheel.
- Disinfect all items exposed during any patient encounter, including stethoscope, sphygmomanometer and items most frequently neglected but that touch the patient nonetheless.
- Wash hands. The CDC reports that hand contact is the most common means of MRSA transmission.
- Diligently clean the fire station.
- Do not bring contaminated items home to mix with household laundry.
This was reprinted from IAFC On Scene/November 1, 2007, page 5.
CFR-D Differential and TPR Entries
Company officers are advised to note DO 74/07, section 2.7 regarding verification of CFR-D certification. This reminder has been published in past department orders and it may be only a matter of time before an audit reveals payment of this differential to members whose certification has expired or possibly to members who never had such certification. Units are advised to call the CFR-d Unit at Fort Totten (718-281-8469) for an updated roster of their unit to avoid payment of the differential to non-certified personnel. It would be prudent to post a listing of non-certified members with the TPRs and/or the company group chart for the use of covering officers.
Disability Pension Taxation Update
The Corporation Counsel is no longer insisting that the entirety of the ITHP payments be treated as taxable. They are now willing to treat only the ITHP payments as taxable to the extent that the same payments would be paid to non-disability retirees - i.e., payments to ADR retirees with more than 20 years of service for the contributions made after the 20th year. This is a significant change in the position and one that is favorable to ADR retirees (as only those portions of the ITHP that represent amounts after the 20th year will be treated as taxable).
The ADR pension equal to 75% of salary would continue to be treated as nontaxable, but the annuity reflecting the actuarial equivalent of a member’s contribution, plus interest would be treated as taxable going forward.
The City Corporation Council has scheduled a meeting with IRS representative at the Corporation Counsel’s offices for Monday, October 29, 2007 at 11:00 a.m. The purpose of the meting is to set forth the above position and seek to obtain assurance that no retroactive action is necessary. According to the City, their preliminary data indicates that in most cases the mounts are small (when considered on an individual taxpayer basis) and it is unlikely that significant tax revenue could be collected by the IRS on the previous untaxed amounts. Further, the administrative costs to the City of reissuing Form 1099’s would be considerable. The city continues to believe that no amount need be paid to the IRS as a settlement amount for any non-reporting.
The City is moving in a direction favorable for the most part to the unions on the ADR issues (especially with respect to retroactivity and the ITHP). We will keep you informed of further developments.
Health Benefits Program Transfer Period Fall 2007
The Fall 2007 Health Benefits Program Transfer Period begins November 1, 2007 and ends November 30, 2007. Health plan changes requested during the Transfer Period will be effective the first day of the first full payroll period in January 2008. During the annual Transfer Period, employees may transfer into any health plan for which they may be eligible, add or drop Optional Rider coverage or add or drop dependant(s). This annual Transfer Period is your only opportunity to make changes. Please use this time to review your health care and prescription drug needs. Compare the features of the health plans offered to determine which plan is best for you. It is important that you understand your benefits before you use them. Visit www.nyc.gov/olr for plan summaries. If you have any further concerns, call the Family Protection Plan at 212-376-8400.
Reserve Educational Assistance Program (REAP)
United States Department of Veterans Affairs Reserve Educational Assistance Program (REAP) was established as a part of the Ronald W. Reagan National Defense Authorization Act. It is a new Department of Defense education benefit program designed to provide educational assistance to members of the Reserve components called or ordered to active duty in response to a war or national emergency (contingency operation) as declared by the President or Congress. The Department of Defense and the Department of Homeland Security will determine who is eligible for this program. The Department of Veterans Affairs will administer the program and pay benefits from funds contributed by the Department of Defense and the Department of Homeland Security. You may be eligible if you served at least 90 days of active duty. The benefit is retroactive to September 11, 2001. For detailed information, visit the Department of Veterans Affairs' Website at: www.vba.va.gov/benefit_facts/Education_and_Training/English/Ch1607eg_0906.doc. You will need to submit VA Form 22-1990, dated May 2005, which can be downloaded from the site.
The annual Turkey Trot hosted by E 233/L 176 and the Field Comm Unit will be held on Tuesday, November 20, 2007 at 1130 hours in Flushing Meadow Park, Queens, NY Rules for the run will be explained at the park. The entry fee of $20 will be accepted until race time. Entries on the morning of the race are not guaranteed a shirt. Make checks payable to Turkey Trot, Inc, E233/L 176, 25 Rockaway Avenue, Brooklyn, NY 11233. For additional information, call 718-965-8233.
On Friday, November 16, 2007 at 2000 hours (doors open at 1900 hours), the FDNY Boxing Team will take on the NYPD Boxing Team. The event will be held at Floyd Bennett Field off Flatbush Avenue, Brooklyn, NY. Please come out and support the FDNY Team. Advance ticket sales available via: www.ticketweb.com or 866-468-7619. $25 General Admission, $50 Ringside. Admission includes post-fight party.
St. JOhn's University is hosting "Firefighter Night with St. John's Red Storm" on Wednesday, November 28 at 7:30 PM. Red Storm vs. LIU. Tickets are $ 10.00 for Second Level seating. Phone 718 990-2142 to order.
Overtime Average
as of November 20,2007
Lieutenant Hours Captain Hours SOC 165 SOC 189 Div 1 211 Div 1 176 Div 3 193 Div 3 177 Div 6 134 Div 6 215 Div 7 135 Div 7 167 Div 8 229 Div 8 275 Div 11 191 Div 11 216 Div 13 154 Div 13 146 Div 14 211 Div 14 204 Div 15 126 Div 15 134 AVERAGE 175 AVERAGE 190
Uniform Vacancy Report
(Effective November 10, 2007)
Lieutenant SFM Captain Battalion Chief Deputy Chief DAC AC Asst. Ch. FM Chief Fire Marshal
VSF Action -The Appellate Division ruled for us, affirming the lower court’s order granting us summary judgment dismissing the Complaint. Plaintiffs then moved for permission to reargue or to appeal to the Court of Appeals and that motion was denied.
Benson Litigation -With the UFA, we are challenging the refusal of the Fire Department to process the retirement of a Firefighter whose retirement application was acted upon by the Board of Trustees. The Supreme Court ruled for us, directing the City to process the retirement of Firefighter Benson. The City has appealed to the Appellate Division. The City has proposed a settlement of the case which we are considering.
AFID- We have joined with the UFA as co-petitioners in an improper practice petition challenging the City’s unilateral increase in the number of AFIDs conducted in a week.
Off-Chart Assignment Arbitration-The hearing concluded on April 13. Briefs were submitted on May 18. We are awaiting a decision.
Comp Time Arbitration-Now that the CEA contract has been ratified, we will be meeting with the City’s Office of Labor Relations in an effort to agree on a fair way to resolve this outstanding issue.
Division 1 Conference IP-We have filed an improper practice petition challenging the Department’s refusal to allow UFOA representatives access to the Division 1 Conference. The City has answered, and we are now preparing a reply.
Light Duty Policy-We have filed an Improper Practice Petition with the Board of Collective Bargaining, challenging the unilateral change in scheduling of Light Duty Personnel to a five-day work week. The number of appearances is a mandatory item of negotiation, but the Fire Department has asserted that they always could and always have scheduled Light Duty Members on five day schedules. OCB denied our request for injunctive relief. We are awaiting a decision on the IP.
“…a slower, cheaper, demoralized Fire Department.”
Six years of mismanagement of the New York City Fire Department is about to culminate in a new policy that will result in additional increases in response times to fires and medical emergencies.
It is bad enough that current response times to life-and-death emergencies are running far behind standards set in 2002; the Fire Commissioner has now served notice that firefighters will devote more time to building inspections and less time to fighting fires, answering medical emergency calls, training, maintenance and medicals.
The new policy is a pathetic response to revelations that Fire Department headquarters abdicated its responsibility to monitor the toxic abatement and deconstruction of the Deutsche Bank building. The Department’s decision to recuse itself from its surveillance responsibilities at 130 Liberty Street resulted in an August 18 fire that killed two firefighters. The decision by Fire Department headquarters to keep hands off the Deutsche Bank building demolition is the blackest stain on the reputation of the FDNY in its long, proud history.
While the Manhattan District Attorney’s office and the State Attorney General are working to identify those responsible for massive criminal negligence at the Deutsche Bank building, Commissioner Scoppetta has given notice that the Department will increase mandated building inspections from six hours per week to nine hours per week. As a practical matter, a fire company on building inspection duty is not able to rapidly respond to an emergency. When the fire company is in quarters, everything is geared to get out of the door quickly in an emergency. If the company is doing building inspections, depending on the size and complexity of the structure the delay in readying the unit can be anywhere from minimal to serious.
No one knows how much damage will be done to already unacceptable emergency response times, but there can be no doubt the numbers will rise. The average response time to Structural Fires in 2002 was 4 minutes and 13 seconds (4:13). When the city closed six engine companies in May, 2003 average response times to Structural Fires immediately jumped to 4:23, a ten-second increase. The situation has deteriorated further, and average response times for 2006 were recorded as 4:29, a total increase of 16 seconds since then.
There are easily-discernible reasons for these serious delays in our response to fires in New York City. One reason is the fact we are operating with six fewer engine companies. Another reason is three consecutive years of record-shattering workload. In 2005 the Fire Department obliterated a record for Total Incidents set in 1977, the year made famous by the book and TV movie, The Bronx is Burning. That year the FDNY responded to 459,567 Total Incidents, then the highest number in its history. In 2005 we answered 485,702 calls for help. In 2006 that number was 484,954. For the first nine months of this year calls for help are running 11,686 incidents ahead of the 2005 record high.
The Fire Commissioner is in denial about the unacceptable increases in response times. He insists that neither the engine company closings nor the record workload numbers have anything to do with a 16-second delay to fires since 2002. But the fact that he is unable to explain the documented increases speaks volumes. It should be noteworthy that when the city closed the engine companies, he told the City Council there would be only a one-second increase in response times. No Commissioner in the history of the FDNY has ever been so wrong.
Does the FDNY need a better Building Inspection program? Absolutely. No one disagrees that building inspections have for years lagged far behind Fire Department goals. But whenever the Uniformed Fire Officers Association suggests a realistic plan to meet promises to the people that have never been kept, headquarters rejects those ideas. They say the city doesn’t have the money. And for some reason they never ask the Mayor and the City Council to provide the money either. For far too long, the Fire Department has accepted the status quo until another crisis hits the front pages of the newspapers. Planning to meet current and future needs is not in this Fire Department’s DNA.
When the Fire Commissioner informed the union of his new program for increased inspection duties, we did not disagree with the need for action. Instead we gave him a realistic plan that would address the current inadequate inspection procedures. We didn’t ask to reinvent the wheel. We asked the city to resurrect the dedicated Uniformed Inspection Teams that got the job done very well until the Giuliani administration disbanded the unit to save money.
That splendid idea went by the wayside, and the city has been left to deal with disappointing results at the same time we are experiencing an amazing construction boom, explosive population growth and numerous abatement and demolition projects. A realistic Fire Prevention Plan for the 21st century would create a Task Force whose only duties would be Building Inspections. The Task Force would be led by a Deputy Chief for each of the existing nine Divisions, assisted by a Battalion Chief. Each Division would include four to six teams supervised by a captain responsible for coordination of Task Force Team assignments and administrative duties. Each Task Force Team in the field would be led by a lieutenant to supervise the firefighters.
Would it cost the city money? YES.
Would it finally meet enhanced Building Inspection goals? YES.
Would it lower average response times to fires and medical emergencies? YES.
Would buildings---homes, high-rise apartment and office buildings, schools, hospitals, theatres, museums, etc.---be inspected in a manner that is complete, accurate, effective and professional? YES.Commissioner Scoppetta’s patchwork planning falls far short of meeting the needs of the people who live and work in New York City. In fact he would deepen their legitimate concerns about public safety. And in fact this administration will cement a decision made six years ago to give New York City a slower, cheaper, demoralized Fire Department.
All of which begs the question: Whose Fire Department is this? We’ve always thought it was yours.
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