hudson144

White firefighters settle promotion lawsuits against Bridgeport By Keila Torres STAFF WRITER Updated: 12/01/2009 05:39:13 PM EST <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break"> BRIDGEPORT -- A dozen white firefighters have prevailed in their reverse discrimination lawsuits against the city. Settlement of the Bridgeport lawsuits filed was announced Tuesday, after lawyers representing the white firefighters said this summer that their position was bolstered by a U.S. Supreme Court ruling that favored white firefighters in New Haven who had made similar arguments. The 12 plaintiffs, including a Puerto Rican, filed suit in federal court in April, eight months after several of them were denied promotions to lieutenant when the city rescored a lieutenant promotional exam. The 2006 test was re-scored and re-ranked after James Outtz, a nationally known test designer, found the results had been weighted unfavorably against minority candidates. The city decided to change the original grading from 50 percent written, 45 percent oral and 5 percent seniority to 75 percent oral and 25 percent written, which allowed more minorities to pass. In doing so, the action prevented most of the 12 plaintiffs from being promoted to the higher grade and a larger salary. "We got everything we wanted," said Richard L. Albrecht, a lawyer from the firm of Cohen and Wolf, who with Courtney A. George, led the firm's representation of the white firefighters. Lt. Shane Porter, president of the Firebird Society, an organization of black and Hispanic firefighters, said the settlement could have "a ripple effect" that could have an impact on the department's racial makeup all the way down to entry-level hiring and possibly influence fire and police department personnel policies in other communities. "It's a disappointing decision that will have a long-term affect on how the fire service will look in the future," he said. "We need to be more diversified, and this kind of puts a damper on that. The fire, police departments should represent -- look like -- the communities they serve." Porter asserted the settlement further undermines Title 7, the federal anti-discrimination law that prohibits disparate impact. "Bridgeport set out to honor the law -- that was the right thing to do," he said. "Now, to reverse it back, we're like breaking the law all over again." Plaintiffs in the suits were: Timothy Bottone of Newtown, Matthew Deysenroth of Redding, Michael Donovan of Hamden, Steven Earl and Francis McNellis Jr., both of Monroe, Joseph LaChioma of Derby, Robert Novak of Shelton, David Purcell of Milford, Mike Raffalo of Wethersfield, Phil Reeves of Wilton, and Timothy Richmond of Oxford. Also a plaintiff in the lawsuit was Roberto Diaz of Naugatuck, listed as Caucasian and Puerto Rican. All of the plaintiffs passed the initial promotional exam on Dec. 18, 2006, which was scored and ranked in September 2007. Based on those results, Novak, Ruffalo, Deysenroth, Bottone and Purcell finished among the top 15 candidates for the 15 vacancies. However, Ruffalo, Bottone and Purcell were removed from lieutenant positions and denied a promotion when the city in July 2008 decided to change the test scoring. Only Novak and Deysenroth were promoted. The settlement reinstates the firefighters to the rank they had in 2007 and promotes the firefighters who passed the exam, granting them back pay and seniority retroactive to August 2008 when the promotions took place. The promotions to the rank of lieutenant could take effect as soon as Wednesday. The city will also have to pay $75,000 toward the plaintiffs' legal fees. The filing comes months after the U.S. Supreme Court reversed the outcome in a similar case involving white New Haven firefighters seeking promotion to captain and lieutenant after achieving top scores on those exams and no black candidates passed. In that case, New Haven had thrown out the two 2003 exams after upholding minority firefighters' claims it was discriminatory. The high court, however, found that the white firefighters' claims of reverse discrimination were justified, and ordered the original promotions to go forward. "These cases are a major game changer in this business," said Albrecht. "They are really beneficial to the municipalities which had been held hostage by a misinterpretation of the rules concerning discrimination claims. They will now be able to save a ton of money. This fight has been going on for a long time." Fire Union President Robert Whitbread declined to comment beyond saying, "The union signed this agreement. That's it." Mayor Bill Finch said, "The city believes that this settlement is in the best interests of the Bridgeport Fire Department, and it has been agreed to by the Bridgeport Firefighters Union as well as all the parties to the litigation." Staff writer Noelle Frampton contributed to this report.

It appears that these promotions are taking place throughout the country,along with well satisfied court mandated decrees being disolved the impact of the NH20 case is only starting. Lawsuits that have been filed after the NH20 case that had the goal of stopping the promotions have been tossed, I guess some organizations and attorneys representing them do not understand what the US SUPREME COURT has said! The High court has spoken.

I can only imagine who is leading the charge in Mount Vernon, amazing! It will all come out in the end.

Date:1 Dec Time:2100 hrs Location: Amundson/Edenwald Frequency: Units Operating: Weather Conditions: Description Of Incident:Man in his 20s shot Reporters: Writer: Hudson144

#7-----$150,000 Bond for Generators for firehouses,If i'm not mistaken I believe the city already got a check for that! still no generators???? This would be a great list of items to be taken care of if it goes through for FDMV.

Due to logistical problems the ceremony for promotions scheduled for Wed 12/2 are off, they will be within the next few weeks or so and will be announced asap. jjc

UNITED STATES JUSTICE DEPARTMENT SOUTHERN DISTRICT OF NY-The office of the Civil Rights Unit is responsible for enforcing the Federal Civil Rights laws in the southern district of NY, which includes Bronx,Dutchess,Orange,Putnam,Rockland,Sullivan and westchester Countys.The Federal civil rights laws enforced by the office include Title VII of the civil rights act of 1964.In addition, the civil rights unit, in conjunction with units within the offices criminal division ,investigate and prosecutes violations of the criminal civil rights laws. SOUNDS GOOD TO ME!!!

PROMOTIONS; WED DEC 2,2009 3:30 PM @ The Fire Training Grounds located at Ella T. Grasso Blvd, New Haven Conn. A request is out to wear either a dress uniform or any of the NH20 T-shirts/Sweatshirts etc. Congrats again!

<STRONG>ITS OFFICIAL----PROMOTION TIME! CONGRATS !!! Judge orders New Haven to promote firefighters Published: Tuesday, November 24, 2009 NEW HAVEN — A U.S. District Court judge, under instruction by the Supreme Court decision, today issued an judgement finding the city violated the civil rights of a group of white firefighters when it threw out two promotional exams in 2004, and ordered the city to promote 14 of them. The two-page, bare-boned judgement issued late this afternoon was the culmination of five years of litigation that wound all the way to the nation’s highest court — and has been the target of a recent flurry of legal wrangling trying to prevent the promotions from being made. RELATED STORIES: Read the case history RELATED STORIES: The case and Justice Sonia Sotomayor Judge Janet Bond Arterton, who in 2006 threw out the firefighters’ lawsuit only to have the decision ultimately overturned by the nation’s high court in June, laid out the city’s road map. It left no ambiguity: The judgement says the city’s Civil Service Commission “shall certify” the results of the contested 2003 promotional examinations for fire lieutenant and captain and “shall certify” promotional lists and then promote 14 members of the so-called New Haven 20. Karen Torre, the attorney for the firefighters, declined comment Tuesday evening. The order comes just weeks after seven black New Haven firefighters filed a motion seeking to intervene in the case and delay any order from Arterton, and days after Torre requested a status conference to find out the judge’s intentions. The New Haven Register is seeking comment from the city of New Haven. The lawsuit of Ricci vs DeStefano claimed the city violated the rights of the plaintiffs, 19 white and one firefighter who is both Hispanic and white, when it tossed the results of two promotional exams because blacks fared disproportionately poorly and wouldn’t be in line for immediate promotion. The city lobbied the commission to toss the test out of concern, it stated, that certifying the lists could open the city to an disparate impact lawsuit from black firefighters. Instead, the white firefighters sued claiming the city violated their rights against disparate treatment. Arterton threw out the case in 2006 and in 2008 the U.S. Court of Appeals for the Second Circuit upheld the decision. In a landmark ruling in June, the Supreme Court reversed the decision and also ordered the lower court to enter a judgement in the white firefighters’ favor, which Arterton did this afternoon. Being promoted to lieutenant will be Frank Ricci, Michael Blatchley, Greg Boivin, Michael Christoforo, Ryan Divito, Steven Durand, Christopher Parker and Mark Vendetto. Advancing to captain will be Gary Carbone, William Gambardella, Brian Jooss, Matthew Marcarelli, Timothy Scanlon and Benjamin Vargas. function alternatecolor(id){ if(document.getElementsByTagName){ var table = document.getElementById(id); var rows = table.getElementsByTagName("tr"); for(i = 0; i < rows.length; i++){ if(i % 2 == 0){ rows.className = "odd"; }else{ rows.className = "even"; } } } } window.onload = alternatecolor('alter_rows');

The 1st Sayville Engine (DASH) received is now Engine 6. Station 1 .

Most of the NIOSH reports sent out can be a learning experience for all of us, they usually have a detailed reason on what,why when went wrong. On a yearly basis 100+ firefighters die in the US alone. If we can all learn from other incidents where a LODD occurs thats a benefit. The point stated by many too include FJ is that the warning signs are there in some situations however it is never known for sure that the structure is vacant or occupied. How many times has a victim been found both during the primary and secondary search when the report from the people in the street stated that nobody lives there or they aren't home? At a recent "VACANT" fire that my co workers went to there was 3 persons in the building. Although the fire was minor the structure was still occupied (illegally) however occupied. With the economy down the tubes there are more "VACANTS" out there that may be occupied because some people have no place to go. The statement from NIOSH here IMO is wrong. Be Safe!

TRAFFIC ADVISORS- the only people who look at them are the firefighters lol !!!

For years Rte 9 from annsville down through Mt Pleasant many head ons happened causing serious injurys and fatalities. They corrected that roadway by putting up the center divider. Briarcliff,Peekskill FD's were always out there for major accidents. My neighbor got killed near 133 9A when I was a kid. Another school mate was killed on Rte 9 in peekskill near the old Bay st exit. A double fatality near main st one christmas eve who was another family friend. Not too long ago i sent letters both to the Peekskill Mayor and Town of Cortlandt asking them to look into the divider from annsville heading east on the Bear Mtn extension all the way to Rte 202. The accidents over the years are proof that the divider installed on some roadways have save lives. This accident on Rte 9 yesterday should be another reminder that the state should look into fixing the problem, just my thoughts!

Date:nov 16,2009 Time: Location: Stewart Airport Frequency: Units Operating: SFD Weather Conditions: sunny Description Of Incident:mishap of a small frame aircraft Reporters: Writer: hudson144 An experimental T-18 Thorp airplane flipped over after it landed at Stewart Airport late Mon afternoon. The plane, a single-engine, fixed wing plane landed on the runway at which time the pilot lost control and the plane flipped over. The pilot walked away and was checked out by EMS workers.

In a recent conversation with a few guys the question was asked about the Chiefs position in Pelham, any scoop out there? A new acting Chief in FDMV,new Chief in Hartsdale, a return of a retired Chief in Newburgh- any others out there?

Not according to the court order I reviewed prior to posting this info!

10-26-Working Fire 10-36- 2nd alarm-? the 3rd due eng is assigned as the fast team ,usually on a working fire the IC will call for the 4th eng to be fast leaving 1 trk left in the city so mutual aid still comes in anyway. 10-46- HELP! lol *haven't really been hearing the 10-36 or 10-46, IC calls what he can get.most of the time only 4 engines are in service with Res1 / Eng2 being 10-15 (out of service).

10-75 was deleted a few years back,the rest still stands.

Taken From the 30 year old westchester Decree-As stated in the decree on page 49 section XV. Jurisdiction- "At any time after 5 yrs subsequent to the date of entry of this Consent Judgement, any city or state defendant may move the court, upon (60) days notice to the other parties to this consent judgement, for DISSOLUTION of this consent judgement with respect to such defendant ; and in considering whether the consent judgement should be so DISSOLVED, the court will take into account whether that defendant has complied with this consent judgement and whether the objectives of the consent judgement have been ACHIEVED".

24 scheduling has been proved to be a benefit, many reasons already mentioned.In 100+ page document from NJ it is proven that the 24s benefit the citys. IN white plains the sick lv and OT went down-basic math here!

Recon 360 deg is key however at times this can not be done because of manpower, access for a 360 walkaround etc. To realize that you have a basement fire is a priority,if the IC knows that there is a basement fire the troops need to be notified and interior crews should be aware of possible floor failure,holes burn't through etc.

As one of the busiest citys in the Hudson Valley it amazes me how the City can layoff from the FD as well as the PD. Running with 2 engines and 1 Truck how will the layoffs effect fire protection for the city residents? It can't be good? Good luck to the members who may be laid off.

In a recent article the news stated that the settlement for the 12 firefighters denied promotions because of race is close to being solved. The attorney for the firefighters said that after negotiations that "a framework for a settlement is in place subject to approvals," Both parties hope to have a decision by the end of the month. This progress comes after the major decision handed down by the supreme ct with the NH20 case. In this case the city of Bridgeport should not have sent the results back to the agency who designed, issued, and graded the test. The city was wrong for sending the results back to have them rescored after the results were told to the members of the dept an then were pulled because no minoritys were in reach for promotion. Appears to be the trend lately!

It sounds like there has been a resolve to the discrimination lawsuit in Bridgeport, maybe somebody from over there might be able to give us the scoop?

Remember this? Mr. Carroll said that he would like to see the consent decree revisited. The Vulcans, however, oppose any such effort. "We still need it because the goals haven't been met," said Al-Farid Salahuddin, a captain in the Mount Vernon Fire Department and a member of the Vulcans. "The Fire Department is supposed to reflect the racial makeup of the community, and it still doesn't." *What are the "goals" for the Department now with the new acting Chief? Being tight with the Mayor,maybe we can get more good things for the citizens and hard working firefighters in FDMV.