Journal News: Yonkers barred from questioning firefighters in gas-theft probe

[INIT915 1,119]

http://www.lohud.com/article/20100606/NEWS02/6060378/1018/Yonkers-barred-from-questioning-firefighters-in-gas-theft-probe

When the city sought to have investigators from the Yonkers police question firefighters, the union filed a lawsuit against the city on May 18, and a Supreme Court justice issued an injunction barring the police officers or human resources officials from questioning firefighters.

[jack10562 414]

I don't get it.

I can only wonder why the union found it necessary to interfere with the questioning of one or more of it's members, who may or may not be involved regarding an alleged theft.

[SageVigiles 1,194]

Weird that the court would rule that way, unless some form of Garrity or Weingarden violation occurred already.

[IzzyEng4 427]

With the limited information that was provided, more than likely the investigation was going "outside of the box". In other words, it seems that if the investigations were allowed to continue, the members of YFD would be without any protection, especially if they were being falsely accused during the investigation.

Usually with incidents like this, in this case the fire department chiefs and commissioners should be notified, they in return start their own internal investigation and the labor union that protects the workers has to be notified and work with the investigation. Again with the limited information here, it seems that something got circumvented in the process and that is why the local filed an injunction, not surprisingly as many labor unions would do the same. This would have been the same thing if it was the PD, public works, or even Sikorsky's employees being investigated.

Since many members from YFD are members of this board, lets give them the respect they deserve, don't make pre-judgments and let the courts and investigations tell us the outcome.

[INIT915 1,119]

With the limited information that was provided, more than likely the investigation was going "outside of the box". In other words, it seems that if the investigations were allowed to continue, the members of YFD would be without any protection, especially if they were being falsely accused during the investigation.

Usually with incidents like this, in this case the fire department chiefs and commissioners should be notified, they in return start their own internal investigation and the labor union that protects the workers has to be notified and work with the investigation. Again with the limited information here, it seems that something got circumvented in the process and that is why the local filed an injunction, not surprisingly as many labor unions would do the same. This would have been the same thing if it was the PD, public works, or even Sikorsky's employees being investigated.

Since many members from YFD are members of this board, lets give them the respect they deserve, don't make pre-judgments and let the courts and investigations tell us the outcome.

From a criminal investigative standpoint in general (we won't even make this Yonkers specific, it could happen in any agency, anywhere in the country), there is really no need to notify the department administration for the purposes of starting their own internal investigation. In fact, in many criminal investigations, that would be a wholly inappropriate action to take. Agency heads that being their own "internal, parallel" investigations often taint legitimate criminal probes. This case, as with any other, public sector or otherwise, any member would be entitled to invoke their right to remain silent and consult an attorney. I have never handled a public corruption case in which the union, per se, has taken court action to blatantly prevent their membership from being interviewed. Unless, as Izzy points out something blatantly inappropriate occurred by YPD or another city official, I don't believe this injunction will survive a hearing.