BUFFALO FD

[hudson144 150]

White firefighters allowed to sue over cancellation of promotion lists

By Matt Gryta NEWS STAFF REPORTER

Updated: 09/13/07 6:54 AM

Thirteen white Buffalo firefighters were granted the right Wednesday to sue the city for financial damages and possibly belated promotions over what State Supreme Court Justice John A. Michalek found to be the race-based premature cancellation of civil service promotion lists.

Michalek ruled that the city clearly allowed the promotional lists to expire “as a result of a race-based or race-conscious decision” because of concern over a suit filed several years ago in U.S. District Court by black firefighters.

Andrew P. Fleming, chief attorney for the white firefighters, called the decision “a win for men who put their lives on the line every day.” He said the next step will be a meeting with the judge to schedule discovery (evidence- gathering) on financial damages, to be followed by a trial.

Fleming said the exact amounts he will seek for his clients haven’t been determined.

“We haven’t talked dollars yet,” he said.

Adam W. Perry, a private attorney retained by the city for the case, said the decision will be appealed because Michalek’s findings are “clearly erroneous and contrary to law.”

The parallel firefighter suit brought by the black firefighters “will control the rights” of all Buffalo firefighters on promotions, Perry said. That case is before U.S. District Judge John Curtin.

In the state court case, Fleming challenged the premature canceling of Fire Department promotion lists in 2005 and last year.

Those canceled civil service lists would have made his clients eligible for promotions to supervisory positions. But Leonard Matarese, the city’s commissioner of human resources, voided them, which Fleming claims was illegal.

Fleming cited sworn testimony by Matarese that the eligibility lists were canceled prematurely for racial reasons.

Fleming said the quashing of the promotional lists cost his 13 clients “various economic opportunities, including increased salary and benefits.”

State civil service law requires eligibility lists to remain in effect for one to four years, and the city had allowed such promotional lists to remain in effect the entire four years, Fleming said.

The case involves Firefighters Eugene Margerum, Anthony Hynes, Joseph Fahey, Timothy Hazelet, Peter Kertzie, Peter Lotocki, Scott Skinner, Thomas Reddington, Timothy Cassel, Matthew S. Osinski, Mark Abad, Brad Arnone and David Denz.

mgryta@buffnews.com

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[Grumpy 1]

Sounds familiar! Hello Mount Vernon!

[hudson144 150]

When you read the article it says they have the right to sue, thats an incorrect statement. the "BUFFALO 13" won their case! Now they have to go back to the table to negotiate their awards. This is a landmark case in the fire service. According to one of the "13" alot of the members were denied promotion because they held up the list allowing the list to expire. Possible belated promotions and financial damages are going to have to be figured out in the near future.

[lad12derff 283]

Good luck to the Brothers from Mount Vernon who were also "railroaded".

[Guest EFFP411]

The FDNY did something like this a few years ago, but it was reguarding new recruits. They threw out a waiting list of possible new recruits because it was not "diversified" enough for them. There were a couple of guys that got 90's plus on their tests, and aced the physicals, but got denied because the list "expired".... and its not hearsay, or rumors, i saw proof on paper