The Bravest WWW.UFANYC.ORG
OFFICIAL PUBLICATION OF THE
UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK
VOL. XLV NO. 2, 2009
PHOTO CREDIT: STEPHEN N SYMBOLIK III
At its 2009 Delegate Education Seminar in Atlantic City, the UFA honored George D. Martin, FF Daniel Prince, and Nancy Carbone. Each were honored for their outstanding contributions to the FDNY. n Friday, June 19th, the Department of Investigations (DOI) released its report on the investigation of the Deutsche Bank fire of August 18, 2007, at 130 Liberty Street which resulted in the tragic loss of Firefighters Joseph Graffagnino and Robert Beddia. Twenty-one pages into the report, it concludes that “based on the investigation, it is anticipated that certain individuals within the Department will be the subject of disciplinary action.” Make no mistake about it though, the City and its current administration had absolutely no intention of disciplining or holding accountable the most obvious person who should shoulder most of the responsibility for this tragedy, namely Fire Commissioner Nicholas Scoppetta. His lack of leadership is shameful! Shameful… but expected. Mayor Bloomberg’s continued support of the Commissioner is implausible. What’s striking about the DOI report is that nowhere is the Commissioner even asked what he knew about building inspection practices by those in his command. Clearly, this isn’t a casual oversight, allowing one to deduce from the beginning that there was no real intention in the DOI report to hold Commissioner Scoppetta and other FDNY brass accountable. The irony is compounded when one thinks that after a 15-foot length of pipe from the Deutsche Bank had fallen and crashed through the roof of the 10/10 firehouse, the Commissioner, and members of his senior staff, including Borough Commander Weinlein, visited the firehouse to assess the damage but apparently never once inquired if the Deutsche Bank building had been inspected. The DOI report further points out that the Manhattan borough commander knew required inspections weren’t being performed. The Deutsche Bank had not been inspected in more than a year. The department failed to ensure that this building, which was simultaneously undergoing both deconstruction and abatement, was inspected even though protocol required an inspection every 15 days.
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(President’s Message - Continued from page 1) Notwithstanding the 15-day rule, the Department never established any protocol for inspecting toxic buildings like 130 Liberty Street. Again, nowhere in FDNY publications was there any instruction or protocol on how to inspect buildings simultaneously undergoing both demolition and abatement. A year prior to the fire, Chief Siegel had written a memo to the Division One Commander recommending weekly surveillance of the Deutsche Bank but these were ignored. The bottom line is this: the building w a s n ’ t inspected; and no one saw that the stand pipe was cut and that exits were blocked. Because of the cut stand pipe, it was impossible to get water onto the fire for over an hour. Firefighters Graffagnino and Beddia were trapped in the fire and smoke, ran out of air, and died. Dozens of other firefighters were put in critical danger. Now, after all reports are in, 7 line officers were given reprimands. Sacrificial lambs to cover Commissioner Scoppetta and his staff who have distanced themselves from responsibility. No doubt there was a systemic failure in the way building inspections were supposed to be done but, as I said in December in response to the District Attorney Robert Morgenthau’s report, it comes down to this: “The Fire Department of New York - and, particularly, its commissioner and other top brass - bear chief responsibility for the deaths of two firefighters in the August 2007 blaze at the Deutsche Bank building in Lower Manhattan.” The DOI report practically exempts the “executive team” from culpability and instead lauds them for “key changes” made after the fact in the monitoring of inspections. I still contend that the willingness of Commissioner Scoppetta and Chief of Department Cassano to blame others for their own failures shows a lack of integrity and an abdication of the right to command others. The findings of these multiple investigations by DOI, the FDNY, and the DA, highlight why the rank-and-file firefighters continue to have no confidence in the leadership of the Department. It is against this horrific background that Commissioner Scoppetta again demonstrated poor leadership and questionable motives during the recent budget battles with the City when the Department was told to cut $17 million from its budget. His solution to Department budget woes was to permanently close 16 firehouses. E n gi ne 4, Ladder 53, Engine 161, and Engine 271, plus seven additional undisclosed companies were to close by July 1st, with an additional five firehouses slated to close [after the election] by January 1, 2010, blatantly disregarding the safety of both firefighters and the public. I was outraged by these proposals, as was the UFA Executive Board, community groups, and many City Council members. Injury was added to insult when the Commissioner had the audacity to propose that these closings could be avoided if the UFA would agree to reduce the 64 engine companies with five firefighters to four. It was not an accident that he wanted the UFA to make a concession in manning. Instead of supporting and defending the integrity of the FDNY he attempted to turn the tables and blame the UFA because of our resistance to the proposed reduction in staffing. The Commissioner made ludicrous comparisons of the FDNY with fire departments in other cities such as Boston or Miami in an attempt to break our collective bargaining agreement. On Monday, June 15th, the City reached a budget deal that includes neither of these scenarios. In the short-term, this is a victory for the UFA, community groups, and the public. I believe that the UFA’s public and legislative educational awareness campaign, which highlighted some of the neighborhoods that fit the city’s criteria for closing, brought the issue to the forefront of public attention pressuring the City to dismiss these two scenarios when arriving at a budget. It’s an election year after all, and as I’ve said on numerous occasions: “If you close my fire company, you lose my vote!” Safety for firefighters and the public, as well as the destruction of property, continues to be central to the issue of closed firehouses. Safety is not an issue that should be negotiated every time budget problems arise. Likewise, the Commissioner’s proposal to reduce staffing on 64 engine companies ignored the fact that twothirds of the engine companies operating with four firefighters and one officer took longer to put water onto fires
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(President’s Message - Continued from page 2) than the 64 companies with an extra firefighter. Again, Commissioner’s Scoppetta’s proposals and testimony regarding the budget are emblematic of a failure in leadership on every level. Is it too much to ask that the FDNY have a knowledgeable Commissioner advocating for members’ best interests? It’s crucial that members and the public realize that although these assaults have been abated for a time, there is every reason to believe that they will resurface next year in the new budget after the elections in the fall. Politicians need to be reminded that they serve the public and, public safety should never be a negotiable matter! Consequently, the UFA is asking Delegates and all members to keep in contact with local community boards, elected leaders, and community organizations to ensure that they remain focused on the dangers closings and manning reductions pose. It is important that they are being vocal advocates against any fire cuts. Just because the immediate danger has passed there is no reason to believe that a new assault will not occur next year. On a different front, Governor Patterson vetoed the Tier II Pension Extension Bill, which had previously been approved by the Senate, Assembly, and Governor every two years for the past 30 years. Before reaching the Governor’s desk for his veto, the bill passed overwhelmingly — 136-6 in the Assembly and 58-0 in the Senate. In protest, the UFA and PBA staged a rally in front of the Mandarin Oriental Hotel on Thursday, June 11th, where the Governor was holding a $100,000 a table birthday fundraising dinner. My message was loud and clear: “The governor with the stroke of a pen has set firefighters and police officers back decades. It’s unacceptable; we’re here to send a message to him. We will not tolerate it!” We are looking at all the options including asking the legislature to do a veto override. Vice President/Legislative Chairman Jim Slevin and I will continue to press elected officials to rectify this injustice. It is important to note that only future hires are affected by the veto. We remain committed to undoing the damage of Governor Patterson’s veto. We will keep membership updated as things evolve.
In May, the annual UFA Delegate Education Seminar was held at the Trump Taj Mahal in Atlantic City. This year’s honorees included football legend George D. Martin, founder of “a Journey for 9/11”; Nancy Carbone, founder of Friends of Firefighters; and, Firefighter Danny Prince, for his 39 years of dedicated service to the FDNY. Specifics regarding the seminar, as well as the program guide can be viewed on the UFA Web site. At the seminar, Queens Trustee Steve Humenesky announced his resignation, effective August 1, 2009. The UFA thanks Steve for his dedicated service to both Queens Firefighters and the entire UFA membership. Candidacy/signature petitions to replace Humenesky were received by the close of business on June 9th, and a petition was submitted on behalf of the candidacy for LeRoy C. McGinnis, E-266, and the signatures were validated by Election Committee. Upon nomination at the June 11th meeting, FF McGinnis was elected by acclamation to the position of Queens Trustee, which became effective July 31, 2009. Medal Day was held on June 2nd at Pace University across from City Hall. A listing of Medal Day recipients, as well as a complete program along with biographical data, can be found on the Department’s Web site. Congratulations to all of the honorees. The UFA is proud of your heroism! As always, stay safe!
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LEGISLATIVE UPDATE
By James Slevin, UFA Vice President, Legislative Chairman
Albany Session Ends in Chaos 2009 will go down as the craziest legislative session of all time. In recent years we have seen the sudden departure of a Governor and a Senate Majority leader. Those events pale in comparison to the coup that took place on June 8th. The sudden coup by two democratic Senators put the UFA legislative agenda on hold. The
coup happened while UFA President Stephen Cassidy and I were meeting with Assembly Speaker Sheldon Silver to discuss possible solutions to the Governor’s recent veto of our Tier II Pension Extender Bill. Unfortunately any attempt at a possible veto over-ride had to take place in the Senate first since they controlled the bill. Over the next month there was essentially no one in charge in the Senate. There was no possibility of obtaining an over-ride with nobody in charge to make that decision. The Governor’s veto was a poorly planned attempt to force Fire and Police unions to negotiate a new pension tier. While we did end up discussing the veto with the Governor’s office and City Hall, we were not going to agree to a new pension tier that would have stripped all the hard fought for gains that we have made since the elimination of Tier I pension benefits in addition to even harsher changes for any new hires (current firefighters are not affected by the veto and will continue with all Tier II benefits). To further complicate any possible negotiations the NYS CSEA, PEF and the NYC Teachers agreed to a new Tier V plan. All of the Fire and Police unions that were affected by the veto agreed that the new pension system they wanted us to agree to would not work for our members. Our members put their lives on the line every day and after 20 years of carrying over 100 lbs. of gear your body breaks down and it becomes nearly impossible to safely do your job. Now that the Senate is back in control of the democrats we will continue to lobby for a Veto over-ride or in the alternative to support a new bill that will continue Tier II pension benefits for new hires. There is currently no class of firefighters that is scheduled to be hired so we have some time to work on this problem. We will continue to work with all the Fire and Police unions to come up with an acceptable solution. One of the other bills that was being held up in the Senate chaos was the LOD Widow’s COLA. This bill was previously passed by the Assembly and was awaiting action by the Senate. The Senate passed it in the final hours of Session after midnight. The Governor did sign our General Benefits Extender which includes our Heart Bill, Cancer Bill, HAT Bill and ITHP. We will continue to lobby for a Tier II solution and will update the membership as these actions take place. We expect the legislature to be back for special sessions possibly throughout the summer or in the fall. According to the AARP JulyAugust Bulletin Vol 50, No 6, AARP New York is helping publicize a state grant program for grandparents raising grandchildren. Children being raised by their grandparents or other relatives are eligible for a special public assistance grant averaging $400 for the first child and $150 for each additional child. For details go to www.aarp.org/ny or call 1-877454-6463.
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by Michael A. Block, Esq. RIG ACCIDENTS
I'M THE CHAUFFEUR IN A RIG ACCIDENT - WHAT'S NEXT? I am often asked about the rights and obligations of chauffeurs involved in rig accidents. This article is intended to give a broad overview of the issues faced by chauffeurs. However, I strongly urge any chauffeur involved in an accident to call his/her UFA Trustee immediately to make sure that his/her rights are properly protected. Chauffeurs must understand that their primary responsibility in driving an apparatus is to get their passengers and themselves back to the firehouse safely. The duty to respond promptly does not require a firefighter to sacrifice his/her safety or the safety of the public. Chauffeurs have no legal immunity from responsibility for accidents and injuries caused by the rig they are operating. While civil liability during an emergency response may be limited to a finding of "gross negligence," there are no such limits with regard to Departmental disciplinary charges. Furthermore, when a rig is not in an emergency response, the legal standard governing operation of the apparatus is the same as applies to any other driver. MAJOR ACCIDENTS FDNY regulations define a major accident with an apparatus as an accident that results in significant damage to a Department or civilian vehicle or private property. It also includes any accident that results in serious injury or death to a civilian or firefighter. If a chauffeur is involved in a major accident, he is subject to urine testing for alcohol or illicit drugs by the Bureau of Investigations and Trials. If an accident is not considered a "major accident," the Department must have reasonable suspicion of drug or alcohol use to require a urine test. Once again, if you have any doubt about your rights with regard to urine testing, call your UFA Trustee to be clear about your obligations. SAFETY INVESTIGATIONS When an apparatus accident occurs, the FDNY Safety Division often conducts an investigation of the circumstances. The UFA strongly recommends that neither the chauffeur of a rig involved in an accident nor any of the firefighter passengers agree to be interviewed by Safety unless they are represented by UFA counsel or a UFA Executive Board member. The UFA and the Department are currently involved in negotiations to adopt a proper procedure for the conduct of Safety Division interviews after rig accidents. Suffice it to say that the sooner you notify the UFA of an accident, the more quickly the UFA can send a proper representative to assist you. ACCIDENT REPORTS At a minimum, after a rig accident a Department "Apparatus Accident Report" must be filled out by the officer - not the firefighter/chauffeur. However, the chauffeur must make sure that a Motor Vehicle Accident Report (Form MV 104) is properly filled out, signed and sent to Albany within ten days of the accident to avoid any penalties from the Department of Motor Vehicles for failing to file. Once again, you can call the UFA to provide the necessary assistance in filling out the report. (Continued on page 7)
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UTC/911 Response Policy? by William Romaka, Health & Safety Officer, Sergeant -At-Arms here is no question as to the reason why this new response policy was put in place. This policy was put in place to once again muddle the comparison of response times in an effort to consolidate services and allow Commissioner Scoppetta and the Bloomberg administration to inaccurately attempt to justify the closing of firehouses. The collateral damage from this ill advised response policy change must not be allowed to adversely affect our firefighters’ health and safety. This program was designed as a means to achieve a predestined result. With a total lack of leadership from the Commissioner Scoppetta administration in advocating for the FDNY’s needs and resources, it is of vital importance that we recognize the problems and adjust our responses to properly protect our firefighters’ health and safety and perform our professional duties effectively. The members in the field are very much aware of the problems associated with this program. They include, but are not limited to, not responding to stuck elevators, late or no notification of highway motor vehicle accidents, full alarm assignments for carbon monoxide alarms, inaccurate codes and abbreviations, unable to access additional information or a call back number, responding to cell phone sites, FDNY dispatchers that want to help but don’t have the information to do so, and NYPD dispatchers that have little training or interest in our job’s vernacular. It is of extreme importance to properly report the problems with this system. Officers should be reminded to put in Unusual Incident Reports with copies forward to the Unions. Also, by all means continue to request additional information from our dispatchers over the air for all to hear and where it will be recorded perpetually! As last month’s UFA’s Safety Message stated today’s responses should be predicated upon the risk versus reward principle. Without any or with little information the risk is increased for a diminishing reward. For this reason we strongly advocate for the health and safety of our firefighters to treat these responses without adequate information as if you were responding to a hazardous material or terrorist attack. Your response should only change once you receive the additional necessary information that would justify an increased risk. When you don’t have information you must proceed cautiously without taking any unnecessary risks! It is extremely frustrating that there does not seem to have been any thought to how to handle another terrorist attack and the confusion that would reign with such an overloaded dispatch center. We were proud and appreciative of how our FDNY Dispatcher’s did that day, but lack the confidence in this new system wrought with problems. Remember that while we are dedicated professionals it is incumbent upon us to do all we can to protect ourselves, our families, and our brother firefighters. Now more than ever it is necessary to make certain to respond in the proper order on the ticket to maximize our efficiencies and limit any needless risks!
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PHOTO CREDIT: STEPHEN N SYMBOLIK III
NEW QUEENS TRUSTEE Steve Humenesky (L), retiring Queens Trustee, welcomes Leroy C. McGinnis (R) who was elected as the new Queens Trustee this spring. Leroy has been with E-266 since 1985. He has been married to his wife Deborah for 16 years and has 2 children: Michael (14) and Kayla (10). He looks forward to working for members in Queens and serving the entire UFA membership.
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(Rig Accidents - Continued from page 5) Furthermore, if a chauffeur is involved in a fatal accident, it is likely that the New York State Department of Motor Vehicles will eventually request that he/she appear for a DMV hearing to determine if he/she should be subjected to any penalties for the accident. It is very important that when a chauffeur receives notice of such a hearing, he/she contact the union. The UFA will then arrange to have counsel appear with the firefighter at his/her DMV hearing. LAWSUITS
If you are involved in an apparatus accident involving injuries to civilians or even a fellow firefighter, it is possible that you will be named as a defendant in a civil lawsuit seeking damages. The City of New York will also be a defendant. In such circumstances, if you receive legal papers suing you and the City for the accident, you should forward a copy of those papers to the FDNY Legal Division through the Department bag. When you forward them, you should request that the FDNY both defend and indemnify you. In such cases, you will eventually receive a letter from the office of the Corporation Counsel, which will explain that they will be your attorneys in the civil case. It will also state, however, that if they conclude you were "not acting within the scope of your public employment or in the discharge of your duties or in violation of any rule or regulation of your agency," they may be compelled to withdraw from your representation. The letter will also point out that the duty to indemnify you against any claim for damages may not apply if you engaged in intentional wrongdoing or "recklessness." All of the above serves to emphasize the need for safe operation of the rig. Remember, even though Department regulations have been amended to permit a chauffeur to proceed past a red traffic light or stop sign, he can only do so "after slowing down as may be necessary for safe operation." Furthermore, the regulations specifically do not relieve the chauffeur of the duty to drive with "due regard for the safety of all persons." In short, the honor of being the chauffeur of a Fire Department apparatus comes with the responsibility to operate the rig in a safe manner. No one, including your officer, can compel you to do otherwise.
On April 18th and 19th the PD/FD Annual Racquetball tournament was held at Club Fit in Briarcliff, NY. Proceeds from the tournament were donated to both the PD and FD Widow's and Children's Fund. Making the check presentation of $700 to Ed Brown, Bronx Trustee, are Pete Klammer L47, Siegy Klammer Retired, and Eric Klammer L59.
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Important Upcoming Election Dates
This fall there is a number of elections taking place in NYC, most importantly for the Mayor of NYC. If you live in NYC and are not registered the vote it is imperative that you do so. In addition you should make sure that every member of your family that is eligible to vote is registered. To do so you can go to the political action section of the UFA website and download voter registration forms. In addition complete instructions will be made available on the homepage. The UFA is in the process of interviewing candidates for all of the offices including, Mayor, Comptroller, Public Advocate, District Attorney, Borough President and City Council. We will publish our endorsements in a special issue of Firelines. Most importantly we will need volunteers to turn out for Get Out The Vote Operations. It is your responsibility to help out in these elections. The elected officials are the ones that make decisions that affect you and your family. We will need people for Primary Day, Election Day and in the days leading up to them. Company Delegates should compile a list of members that will turn out. If you are not working you should plan on being there.
Important Dates
PRIMARY ELECTION SEPTEMBER 15th PRIMARY ELECTION DEADLINE
MAIL REGISTRATION Sec. 5-210(3) Application must be postmarked not later than August 21st and received by a board of elections not later than August 26th to be eligible to vote in the Primary Election. IN PERSON REGISTRATION Secs. 5-210, 5-211, 5-212 You may register at your local board of elections or any state agency participating in the National Voter Registration Act, on any business day throughout the year but, to be eligible to vote in the Fall primary, your application must be received no later than August 21st. CHANGE OF ADDRESS Sec. 5-208(3) Notices of change of address from registered voters received by August 26th by a county board of elections must be processed and entered in the records in time for the primary election.
GENERAL ELECTION NOVEMBER 3rd
GENERAL ELECTION DEADLINE
MAIL REGISTRATION Sec. 5-210(3) Applications must be postmarked not later than October 9th and received by a board of elections not later than October 14th to be eligible to vote in the General Election. IN PERSON REGISTRATION Secs. 5-210, 5-211, 5-212 You may register at your local board of elections or any state agency participating in the National Voter Registration Act, on any business day throughout the year but, to be eligible to vote in the November general election, your application must be received no later than October 9th except, if you have been honorably discharged from the military or have become a naturalized citizen since October 9th, you may register in person at the board of elections up until October 23rd. CHANGE OF ADDRESS Sec. 5-208(3) Notices of change of address from registered voters received by October 14th by a county board of elections must be processed and entered in the records in time for the general election. (Continued on page 9)
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(Important Upcoming Election Dates - Continued from page 8) Military Voting
Persons serving in the military may vote from their designated ‘home of record’, regardless of where they may be stationed or for how long. If that ‘home of record’ is in New York, you may register and vote in local, state and federal elections by completing an application and sending it to the board of elections in your ‘home of record’ county. Your application will register you and also serve as your absentee ballot application, and will be valid for 2 federal elections. Applications are available from your Voting Assistance Officer on base, or you can visit www.fvap.gov for forms and information. Always be sure to share any change of address information with your Board of Elections. Questions? Call the State Board of Elections at 518-473-5086 or the Federal Voter Assistance Program at 1-800438-8683, or contact your Voting Assistance Officer or US Embassy office.
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PHOTO CREDIT: STEPHEN N SYMBOLIK III
On Thursday, January 22nd, members of the COAPP-VSF visited the UFA headquarters in Manhattan to present a check to both the UFA and UFOA in the amount of $69,000 for the Thomas R. Elsasser Fund which helps support families of firefighters who have died non-line of duty due to accident or illness. (L to R) James Slevin, UFA Vice president; Charles O'Donnell, retired E-228; Carlo A. Andersen, retired Battalion Chief Safety Operations Battalion; James J. McGowan, UFOA Vice President; and James McHugh, retired L-172. (Wishing to attend but unable were FF Wiliam Senk and Joe Morrison, retired Lt E-15.)
So c i a l Se c u r i t y Di s a b i l i t y ? Did you know that if you become disabled you and your family may be entitled to valuable cash benefits? FREE CON SU L T AT I ON LT Call: K en L ar kin, Esq. of Fusco, Br andenstein & Rada, P.C. Offices in: M anhattan Bronx Queens Uniondale Woodbur y Commack M edfor d
1.800.416.5454 Ext. 4550 cell: 516-426-6072 The Disability Lawyers
PHOTO CREDIT: DENISE KEELEY
(L-R)John G. Kelley, Jr., Brooklyn Trustee; Richie Maldonado – E-221; Kenny Butler L-104; Jim Slevin, UFA Vice President; and Eddie Brown, Bronx Trustee, accept a check in the amount of $10,000 from the One-Pitch Tournament for the Thomas R. Elssaser Fund which benefits the families of firefighters who have died non-line of duty due to accident or illness.
www.FBRlaw.com
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PHOTO CREDITS: STEPHEN N SYMBOLIK III
The 2009 UFA Delegate Seminar in Atlantic City was coordinated by UFA Recording Secretary and Seminar Director, Joe Miccio (above left). UFA staff greeted delegates as they arrived and assisted in registration. (L-R) Arthur Turner, Maria Zingone, Fern Iodice, Denise Keeley, FF James Dahl (ret), Debbie Lynch, Tama Reilly, and FF Tony Caracciolo (ret).
UFA President Steve Cassidy and Manhattan Trustee Daniel Murphy at the June 11th protest against Governor Patterson’s veto of the Tier II Pension Extension Bill.
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Uniformed Firefighters Association Of Greater New York 204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998 Tel (212) 683-4832 • Fax (212) 683-0710 www.ufanyc.org
STEPHEN J. CASSIDY President ENG 236 JAMES M. SLEVIN Vice President
LAD 7
JOSEPH MICCIO Recording Secretary
ENG 295
ROBERT STRAUB Treasurer
ENG 45
WILLIAM ROMAKA Health & Safety Officer Sergeant-at-Arms LESTER LAYNE Fire Marshal Representative
STEPHEN J. CASSIDY Editor-In-Chief
ENG 238 BF1
DONALD RULAND Trustee-Staten Island
ENG 157
JOHN G. KELLY, JR Trustee-Brooklyn ENG 201 Chairman, Board of Trustees LEROY C. McGINNIS Trustee-Queens
ENG 266
DANIEL MURPHY Trustee-Manhattan
ENG 74
EDWARD BROWN Trustee-Bronx
LAD 48
STEPHEN N. SYMBOLIK III Managing Editor
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