The Bravest
OFFICIAL PUBLICATION OF THE
UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK
VOL. XLIII NO. 3, 2007
5-5-5-5 President’s Message By STEPHEN J. CASSIDY
n August 18th, Firefighters Joseph Graffagnino, of Ladder Company 5, and Robert Beddia, of Engine Company 24 made the supreme sacrifice while operating at Manhattan Box 7-7 0047, 130 Liberty Street, also known as Deutsche Bank. Firefighter Graffagnino was an eight-year veteran of the FDNY, appointed in May 1999. His Funeral Mass was held on Thursday, August 23rd, at St. Ephrem’s Roman Catholic Church in Brooklyn. Firefighter Beddia was a 23-year veteran, appointed in October 1983. His Funeral Mass was on Friday, August 24th, at St. Patrick's Cathedral, in Manhattan. Firefighter Graffagnino and Firefighter Beddia are the 1,136th and 1,137th members of the New York
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FF Joseph Graffagnino City Fire Department to make the ultimate sacrifice in the Department's history. This fire was anything but ordinary. The Deutsche Bank building was a toxic vacant hi-rise structure under demolition. The Scoppetta administration had no fire plan and was not conducting inspections. The media reported that a 42 foot section of the standpipe was removed in December of 2006. Contractors said they believed it was part of the sprinkler system. Staircases were
FF Robert Beddia sealed, and in some cases removed, eliminating any means of egress except an exterior elevator. Negative air pressure was being employed for abatement. A perfect storm was created that killed two Firefighters and almost killed another dozen more. Based on the history of the building, and knowing that decisions regarding this building went to the highest levels of the NYC Fire Department, we called on NYS Attorney General Andrew Cuomo, and Manhattan District Attorney (Continued on page 2)
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President’s Message (Continued from page 1)
Robert Morgenthau, to conduct independent investigations of the fire and the events that led to the horrific loss of two of our Brothers. Incredibly, when a section of pipe fell from Deutsche Bank on May 17, 2007, and landed on 10 House, Scoppetta’s answer was to hold a meeting which was attended by Manhattan Borough Commander Wienline. At no time did anyone say “maybe we should go across the street and see what’s going on.” Why? One thing is clear; any investigation by the Fire Department into its own actions has no merit. Clearly an outside investigator is needed because there were so many local and state agencies involved with the abatement and demolition of the Deutsche Bank building. Comprehensive coverage of the UFA’s demands is posted on our Web site. In the direct aftermath of the tragedy, the Fire Commissioner made a calculated decision reassigning a Captain, a Battalion Chief, and a Deputy Chief. We believe that these men are being made scapegoats for the Department's failed leadership at the top. The UFA has not believed in Commissioner Scoppetta since our noconfidence vote on December 7, of 2004. His tenure at the Fire Department has been mired in failures that have affected every Firefighter and Officer. He is an ineffective Commissioner who only knows how to prosecute and not how to lead. His lifting of three line Officers without even inter-
viewing them is not surprising. The UFA has reached out to the UFOA and we have offered our support in any manner to defend these three maligned Officers. We believe that by all accounts, the decision not to inspect 130 Liberty Street (Deutsche Bank Building) came from the top. We will demand that those responsible be held accountable. Please notify your trustee if anyone attempts to interview any member in connection with the fire or events that took place leading up to the fire. UFA Board Members are present to protect our members. No member should make any statements to anyone unless a UFA Board Member is present. As the Manhattan District Attorney and the New York State Attorney General's Office continue their investigations we will keep the membership updated. September 11th marked the 6th anniversary of the terrorist attacks on the World Trade Center. To commemorate these tragic events, and to honor the memory of the 343 Firefighters who made the supreme sacrifice, members of Battalion 18 hosted its annual memorial service at the Firefighters Memorial Monument on Riverside Drive and 100th Street (Upper West Side of Manhattan). All Firefighters and family members were invited to attend. A Mass at St. John the Divine followed. On Saturday, September 15, 2007, the names of Lt. Howard
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Carpluk, E 42, and Firefighter Michael C. Reilly, E 75, both of whom made the supreme sacrifice on August 27, 2006, were added to the IAFF Fallen Fire Fighter Memorial in Colorado Springs, Colorado. Since 1976, the names of all fallen IAFF members have been engraved into the wall of honor located behind the memorial. The Health Benefits Transfer Period (for active members only this year) begins November 1, 2007, and ends November 30, 2007. Late changes will not be accepted by the City! 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 members may transfer into any health plan offered for which they may be eligible, add or drop optional rider coverage, or add or drop dependents. We will continue to post updates regarding the Deutsche Bank fire on our Web site. As always, stay safe!
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Legislative Update Governor Spitzer Signs Prior Service Credit & WTC Filing Extender n August 28th, Governor Spitzer s i g n e d S2414/A4529, Ch. 637 of 2007. This bill grants By JAMES SLEVIN pension credit UFA Vice President/ members Legislative Chairman for who served in various uniformed titles and/or titles with Peace Officer status prior to gaining employment with the FDNY. The time served in previous positions will be credited toward the minimum period for service retirement from the FDNY.
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Although similar legislation was already in place, any member that transferred their time over before it was passed has it counted on the back end. With the signing of this bill it will be credited as a buyback and counted up front for pension purposes only. The UFA would like to thank Governor Spitzer, Assemblyman Abbate, and Senator Padavan, for signing and sponsoring this legislation. Additionally a big thank you to all the members that participated in UFA Lobby Day helping to push for this bill. UFA Lobby Day is tentatively set for June 10th next year (2008). Mark your calendars. UFA lobbying efforts have also
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been successful in achieving the following legislative goals, which were signed into law by Governor Spitzer: WTC Notice of Participation Form Filing Deadline Extended 2 Years Extended to June 14, 2009, the period in which members may file the WTC Notice of Participation Form, if they were active on September 11, 2001, and worked at the WTC, Fresh Kills Landfill, NYC Morgue, or WTC Barges, in accordance with definitions established in the WTC Presumptive Illness Law. If a member missed the original deadline, the form may be found at the UFA Web site www.ufanyc.org. It is recommended to send this form via certified USPS mail, return receipt. To confirm that HQ has received your form or for any questions, contact 718-999-7041 or 718-999-0148. WTC Workers Comp Filing Extended 1 Year Extended to Aug. 14, 2008, the period in which members who were retired prior to September 11, 2001, and volunteered at ground zero can register with the State Workers' Compensation Board, even if the member is not ill. Because some illnesses take many years to develop, state laws give these retired members the chance to register with the board to preserve their right to file claims if they become ill in the future. Registration forms are available at the Web sites of the Workers' Compensation (Continued on page 4)
Page 4 (Continued from page 3) Board, www.wcb.state.ny.us, the Committee for Occupational Safety and Health, www.nycosh.org, or the UFA Web site home page www.ufanyc.org. Amendment of the General Municipal Law, as it Relates to Accidental Death Benefits Under the WTC Presumptive Bill This amends the existing law by correcting a technical deficiency for the accidental death benefits to the beneficiaries of WTC responders who, in the performance and discharge of their duty, were exposed to toxic substances as a result of the terrorist attacks of 9-11 and subsequently lost their life. Current law, Chapter 445 of 2006, only provides the accidental death benefit provided by NYC, and does not provide the benefit paid by NYS. This bill corrects that techni-
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cality. PERB EXTENDER Extends for an additional two years the effectiveness of provisions establishing dispute resolution during collective negotiations. GENERAL BENEFITS EXTENDER Extends certain temporary benefits and supplementation programs. Heart Bill, Cancer Bill, HAT Bill and ITHP. TIER II PENSION EXTENDER Extends application of article 11 of the retirement and social security law to all police officers and Firefighters who joined the system before July 1, 2009 LINE OF DUTY WIDOWS COLA Increases certain special accidental death benefits for surviving spouses and children of certain police and
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fire personnel. The 2008 UFA Legislative Agenda will soon be available for download on the UFA Web site, www.ufanyc.org, under the “Legislative� section. All of the state legislators are up for re-election in 2008! The UFA will be leveraging that so that we can push for some landmark legislation for our members. Thank you to all our members that get involved with the political action program.
IMPORTANT RETIREE UPDATE The benefit amount of your Fire Department Life Insurance has been increased from $5,800 to $6,000 effective July 1, 2007. Your premium deduction of $9.00 will remain the same.
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DEUTSCHE BANK FIRE INTERVIEWS here are several simultaneous investigations proceeding as a result of the fatal fire at the Deutsche Bank William Romaka building on August Health & Safety 18, 2007. The Fire Officer Department Safety Battalion and the Bureau of Fire Investigations are conducting separate inquiries. We also know that the Manhattan District Attorney's Office and the New York State Attorney General's Office are launching investigations. We also believe that an investigation may be started by the N.Y.P.D. Furthermore, both NIOSH and PESH always investigate fatal fires. In addition, members who are asked to give interviews or statements about their knowledge of the fire or the conditions in the fire building before the fire should be aware of their rights. Our coun-
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sel advises: 1. Pursuant to the Individual Rights’ provision under the Collective Bargaining Agreement, duly authorized representatives of the Fire Department (which would include the Safety Battalion and BFI) may interview members “during reasonable hours.” If a member is off-duty and a witness, he is to be compensated for the time spent and two hours of travel time at the rate of time and one-half. In the unlikely event that any off-duty member is the subject of an investigation, he is to be compensated for the time spent and two hours travel time at a straight time rate. Before an interview commences, the member must be advised as to whether he is a witness or a suspect (subject). If a member is a witness only (as we anticipate for all interviews), the Department has always permitted union representation at the interviews. No member should consent to an interview in connec-
tion with the Deutsche Bank fire without first notifying the union. If a member is a suspect (subject), he still must answer questions relating to the performance of his duties and is entitled to have an attorney with him. Certainly if a member is advised that he is a suspect (subject), he must ask for an attorney before consenting to an interview. 2.With respect to interviews by the District Attorney’s Office, the Office of the Attorney General, or the NYPD, no member is obligated to speak to any of those agencies. However, at least with respect to the District Attorney’s Office and the Attorney General’s Office, the UFA recommends cooperation with those agencies. Before any member is interviewed by one of the above agencies, however, he should ask to have an attorney present to make sure that his rights are properly protected. We urge any member who is asked to give an interview to ANYBODY to call their UFA Trustee or the Health & Safety Office before agreeing to the interview”.
PHOTO CREDITS: Stephen N. Symbolik
September 11th marked the 6th anniversary of the terrorist attacks on the World Trade Center. To commemorate these tragic events, and to honor the memory of the 343 Firefighters who made the supreme sacrifice, members of Battalion 18 hosted its annual memorial service at the Firefighters Memorial Monument on Riverside Drive and 100th Street (Upper West Side of Manhattan). All Firefighters and family members were invited to attend.
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Firefighters Variable Supplemental Fund (VSF) Information for Members who Retired with 20 Years Service Retirement by James M. Slevin Vice President
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s you a r e aware , the Variable Supplemental Fund (VSF) which was negotiated in the 1987-1990 UFA contract and which provides a guaranteed level of supplemental benefits to Firefighters who retire (or have retired) for service retirement with at least 20 years of service. This year, the benefit will be $12,000, which is the maximum payment. The UFA is currently evaluating the status of funds that are available in the plan. Our goal and objective will be to improve the benefit payout
prospectively. In the past, the State Legislature, in recognition of inflation, has increased retirement benefits to retirees in the Article 1-B system. Any increase in supplementation benefits or cost-of-living adjustments (COLA) payable from the Fund, under legislation enacted after 1988, has reduced benefits payable until the later of, (a) age 62, or (b) calendar year 2007. This provision allows that all members aged 62 who retired for service will receive the full $12,000 benefit with no COLA offset on or about December 15, 2007. We will notify our retired members if any changes or
improvements occur with the plan in calendar year 2008.
PHOTO TRIBUTE TO FF JOSEPH GRAFFAGNINO (left) FF Graffagnino’s casket being taken into St. Ephrem’s Roman Catholic Church in Brooklyn. Firefighters, dignitaries, and citizens crowded the streets to pay their respects.
(above) Pallbearers from Engine Company 5 take FF Graffagnino’s casket from St. Ephrem’s Church after the funeral Mass.
(right) Thousands of Firefighters stand at attention as FF Graffagnino’s casket passes in honor to the c e m e t e ry.
PHOTO CREDITS: Todd Maisel
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PHOTO TRIBUTE TO FF ROBERT BEDDIA
(above) Clergy, dignitaries, and thousands of Firefighters and citizens watch as FF Beddia’s casket is placed on the Engine 24 in front of St. Patrick’s Cathedral.
PHOTO CREDITS: Todd Maisel
PHOTO CREDIT: Stephen N. Symbolik
(right) Pallbearers from Engine Company 24 take FF Bedia’s casket from St. Patrick’s Cathedral after the funeral Mass.
(right) After the funeral, FF Beddia’s casket processes up 5th Avenue past Rockefeller Center.
UFA SUPPORTS LABOR DAY RALLY by Stephen N. Symbolik Managing Editor
tephen J. Cassidy, UFA President, along with James M Slevin, UFA Vice President, and John G. Kelly, Jr, UFA Brooklyn Trustee, joined union workers, and elected officials, including Senator Hillary Rodham Clinton, near the former World Trade Center site on September 8th in support of federal legislation that would provide long-term monitoring and treatment for people exposed to dust in Lower
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Manhattan during the 9/11 cleanup. The rally was sponsored by the NYC Central Labor Council, the NYS AFL-CIO, and the Building & Construction Trades Council. Representatives Carolyn B. Maloney, Jerrold L. Nadler, and Vito Fossella, sponsored the bill which was introduced in the House on September 11, 2007. This new bill takes elements from several bills that have failed to get through Congress. To better understand the
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magnitude of ground zero-related illnesses, the bill would require the government to collect data and monitor rescue and office workers, and others who were in Lower Manhattan on September 11th. Compensation would also be provided to anyone exposed to asbestos and other contaminated dust. City Council speaker, Christine C. Quinn, said she would make the legislation “the top priority” when she visits Washington this month.
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UFA LINE-OF-DUTY FUNERAL FUND UPDATE by Stephen G. Humenesky Queens Trustee
ince its inception in 2002, the UFA Line Of Duty (LOD) Funeral Fund has been our members’ unique way of repaying the kindness and support extended to us in the days, weeks, and months, after September 11, 2001, when Firefighters from all over the country flooded into New York City, eager to help in any way they could. At that time, the most immediate need was to have as many uniformed personnel as possible filling the houses of worship and lining streets—with so many funerals to attend, this was impossible for the FDNY to do without help. So far this year, the LOD Fund has sent over 100 members to funerals in eleven cities. The UFA Funeral Fund Committee is made up of members representing each city borough and chaired by UFA Executive Board member, Queens Trustee Steve Humenesky. The current borough representatives are: Paul DeLeo (L-41, Bronx); Edward Lawler (L-140, Queens); Joe Cicero (E-167, Staten Island); Sal Argano (E-10, Manhattan) and Michael Bacigalupo, Battalion 42, Brooklyn). Ann Elizabeth serves as LOD Fund Administrator. The UFA LOD Funeral Fund has evolved a great deal and has gone through many changes over the past five years--not only has the number of attending UFA members grown from two members
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(from one firehouse) to six members (two members from three firehouses at a time), but the scope of the LOD Fund has expanded to now assist our members when we suffer a loss of our own. This article is intended to provide updates on some changes to the LOD Fund operation as well as to address some commonly asked questions. How are members chosen to attend the funerals? Members are called upon to attend according to a firehouse attendance schedule, which was established to ensure every company gets a chance to represent the UFA and minimize the confusion and volume of inquiry calls when an out-of-town funeral occurs. The schedule is ordered numerically within each borough (as opposed to being ordered by battalion), starting with the lowest-numbered engine company and working upwards numerically, including single truck companies, with special units at the end. The Fund Administrator works with the Delegates of companies next on the schedule to determine attendees within the firehouse. The firehouses rotate through the five boroughs according to an order randomly chosen by the LOD Fund’s governing committee. At this time, all companies in Staten Island have attended, therefore that borough is currently out of rotation. www.ufanyc.org
If I’m scheduled to work but am otherwise available to go when my firehouse is up, can I get taken off the chart? Unfortunately, the FDNY does not formally recognize this gesture of gratitude, and therefore has thus far been unwilling to take members off-line or provide any assistance to our Firefighters attending out of town funerals. UFA members created, fund, and participate in this ongoing show of respect on their own time and at their own expense as a membership, without cooperation from the Department or the City. When I attend an out of town funeral, what am I expected to do? In general, and depending on distance, the funeral trip spans the better part of three days and two nights. Travel arrangements for funeral trips are made by the LOD Fund Administrator and include airline, car rental, and hotel reservations, which are paid for ahead of time by the UFA LOD Funeral Fund. Due to time constraints of the event, arrangements are made on a group-basis and therefore special requests (for example, specific, more convenient airports, etc.) cannot be accommodated. Flight times and reservation codes, confirmation numbers, funeral location and other pertinent information as well as, whenever possible, a contact name and number from the deceased member’s IAFF Local are all put onto an itiner-
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2nd ANNUAL FILL-THE - BOOT CAMPAIGN FOR MDA ver the Labor Day weekend, during the 42nd Annual MDA Telethon, September 2-3, 2007, By Daniel Murphy thanks to the Manhattan Trustee support of the UFA & UFOA, I was able to give a check in the amount of $22,000 to the Muscular Dystrophy Association. The money was raised through the 2nd Annual “Fill-theBoot” campaign. Since 1954, Firefighters throughout the country have raised millions of dollars
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in the fight against muscular dystrophy by asking people to donate spare change into their boots. The International Association of Fire Fighters (IAFF) was the largest contributor to the Muscular Dystrophy Association, donating a record breaking $25.25 million in pledges. With this year’s total, IAFF members have donated more than $300 million to MDA since 1954. The IAFF General President Harold Schaitberger appeared throughout the telethon lauding Firefighters for their commitment to the “Fill-the-Boot” drives for
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Jerry’s Kids. Telethon host Jerry Lewis said, “I’m deeply grateful to the Firefighters for their incredible effort to raise money for MDA’s ongoing battle against muscular dystrophy.” All money raised for MDA in New York City will stay right here, funding research and providing services to New Yorkers with muscular dystrophy, including the relatives and children of many of our own members.
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GONE BUT NOT FORGOTTEN
By Herb Eysser, UFA Staff Engine Company 17 was a mainstay on the Lower East Side of Manhattan for over 125 years. Known for their dedication to duty, Engine Company 17 was an outstanding example of the FDNY “can do” attitude. Fire…they did not fear! Engine Company 17 was one of the original FDNY units that was organized when the fire department went paid in 1865. It went into service in a former volunteer fire department house at 91 Ludlow Street just south of Delancey Street. The old building still stands today. For twenty-two years, from 1917 to 1939, Engine Company 17 was a double-engine company with
two sections. It was always an extremely busy engine company with a very heavy workload. Who could forget boxes 277, 291, or 432! Yet, in 1991, the company was closed down which was a major tactical error on the part of City Hall and Fire Headquarters. One of many!
Engine Company 17 is one of twelve engine companies closed down from the Battery to 14th Street over the years. Many of these twelve engine companies were double-engine companies
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with second sections. The closing of all engine companies south of 14th Street has had a serious negative impact on all of Lower Manhattan. Ironically, as more and more people moved in, fire companies were moved out by the city. All would have responded to the recent Deutsche Bank building tragedy if they were still in service. Engine companies 11, 12, 13, 17, 20, 25, 27, 29, 30, 31, 32 and 72, were all sorely missed on August 18th when Engine 24 and Ladder 5 lost two more of its members, Lt. Joseph Graffagnino and Firefighter Robert Beddia. Gone but not forgotten!
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
ENG 238
LESTER LAYNE Fire Marshal Representative
STEPHEN J. CASSIDY Editor-In-Chief
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DONALD RULAND Trustee-Staten Island
ENG 157
JOHN G. KELLY, JR Trustee-Brooklyn ENG 201 Chairman, Board of Trustees STEPHEN G. HUMENESKY Trustee-Queens ENG 301 DANIEL MURPHY Trustee-Manhattan
ENG 74
EDWARD BROWN Trustee-Bronx
LAD 48
STEPHEN N. SYMBOLIK Managing Editor
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