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WWW.UFANYC.ORG
OFFICIAL PUBLICATION OF THE
UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK
VOL. L NO. 3, 2014
On Thursday, September 11, 2014, members of B-18, E-45/L-58, E-48/L-56, E-88/L-38 hosted the 13th annual 9-11 memorial service at the Firemen’s Monument for all of those lost in the terrorist attacks on the World Trade Center.
O
President’s Message by Stephen J. Cassidy
n this 13th anniversary of the terrorist attacks on the World Trade Center, hundreds of firefighters again assembled at the Firemen’s Memorial to “Never Forget” the ultimate sacrifice made by the 343. Tragically, the toll continues to mount. On September 4th, the FDNY added 13 names of members who died from illnesses related to their work at the World Trade Center site to the World Trade Center Memorial Wall. [See inset on page 2] These 13 join 76 others who have died of 911-related illness whose names already appear on the Wall. As we go to press, three of New York's Bravest have died from cancer on the same day. They are Lt. Howard Bischoff, FF Daniel Heglund, and FF Robert Leaver. (continued on page 2)
5-5-5-5 Lt. Gordon ‘Matt’ Ambelas
Photo Credit: Stephen N. Symbolik III
The Bravest
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NO. 3 2014
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On the evening of Saturday July 5th, 1865. Keep him, his wife Nanette, and his daughters Lt. Gordon “Matt” Ambelas, L-119, a 14-year veteran Gabriella (8) and Giovanna (4) in your thoughts and of the FDNY, succummed to his injuries while search- prayers. ing for victims in a fire on the 19th floor of City Health/Medical Plan vendors will be presIndependence Towers in Williamsburg, Brooklyn. ent at the October 9th Union Meeting to answer your FF Ambelas was appointed a firefighter on questions and distribute literature. Make sure you get February 1, 2000, and was assigned to L-81 on Staten the information you need to best protect your family! Island. In January 2001, he transferred to E-28 in Updated price flyers and transfer forms will be availlower Manhattan for a year after which he returned to able if you’re interested in changing or updating your L-81. On September 14, 2013, he was promoted to City Health/Medical Plan. The City Health Plan’s lieutenant. He was assigned to Battalion 28 in transfer period is as follows: Active members can Brooklyn. He was with L-119 in the last months of his change health plans October 1 - October 31, 2014. service. FF Ambelas also aided in recovery efforts Retirees can change health plans November 1 after the September 11th attacks, and worked in Staten November 30, 2014. Island during Hurricane Sandy in October 2012. Over 6,000 FDNY first responders, as well as As always, stay safe! hundreds of friends and colleagues, attended his funeral at the Church of St. Clare on Staten Island. He was the first firefighter to die in the line of duty since April 2012, and the 1,143rd since the FDNY’s founding in
The following names join 76 others already inscribed on the WTC Memorial Wall: FF William H. Quick, L-134 PM Rudolph T. Havelka, EMS Bureau of Training FF Willie T. Franklin, Jr.,E-65 EMT Francis A. Charles, EMS Station 58 BC Thomas R. Van Doran, B-3 PM John W. Wyatt, Jr., EMS Station 22 FF Walter Torres, E-328 LT Thomas J. Greaney, L-175 BC Richard D. Arazosa, B-19 FF Keith E. Atlas, E-35 SFM Emil K. Harnischfeger, BFI LT Steven B. Reisman, E-307 CAPT Peter J. Casey, E-212
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NO. 3 2014
Legislative Update
by James M. Slevin, Vice President Critical Election this November
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Tuesday November 4th is a critical date for the UFA. The control of the NYS Senate will depend on the outcome of a few key races. The UFA has committed to support Dean Skelos and the Senate Republican Conference. Co-Majority Leader Skelos has been a long time friend and supporter of the UFA and our legislative agenda. The UFA has always supported those candidates and leaders that have supported us and are in a position to advance our agenda. The NYS Senate Republican majority has been there for us and we need to be there for them this November. Our goal is to make sure that the Senate Republican conference controls 32 seats. Currently they are in control by partnering with the Independent Democratic Conference (IDC). It is imperative that you turn out for Election Day to help elect those that support us. Volunteers will be needed for a few hours on Election Day and the days leading up to it. We are asking all active and retired members to pitch in. Speak to your delegate about volunteering or email your availability to pac@ufanyc.org The key races in our area we will focus on are in Suffolk, Nassau, Upper Westchester/Putnum and Dutches County. 3rd District, Tom Croci–Suffolk Count–Open Seat 7th District, Jack Martins–Nassau County–Incumbent 8th District, Mike Vendittio–Nassau County– Open Seat 40th District, Terence Murphy–Upper Westchester, Putnum, Dutches–Open Seat
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Page 3 There are other races we support and a complete list of endorsements is on the UFA Website and on a 65-2. We will also be targeting some key NYS Assembly races and will be looking for volunteers in those districts. Elections are being held for Governor, NYS Comptroller, NYS Attorney General, and US House seats in every district. These endorsements will be rolled out in the coming weeks and posted at ufanyc.org.
This past primary day, candidates supported by the UFA had big victories. NYS Senate Co-Majority Leader Jeff Klein(Bronx/Westchester) and IDC member Senator Tony Avella (Queens) both won their primary battles. The UFA was on the road with billboard trucks and in the streets with members for both of these races. The Independent Democratic Conference has been very supportive of the UFA and our Agenda. We expect these candidates to win in November. The IDC will continue to be a relevant and powerful conference with which to work. Other IDC members include Senator Dianne Savino (Richmond/Kings), Senator David Carlucci (Rockland) and Senator David Valesky (Upstate). Some active and retired members are not registered to vote. There is still time to register and vote in the November election. The deadline to register is October 10th Info on registering is available at http://www.elections.ny.gov/VotingRegister.html Turn out! Vote! Get your family and friends to vote!
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NO. 3 2014
Health & Safety Officers Update Gerard Fitzgerald, E-318
SPIKE IN WTC-RELATED CANCERS
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The number of firefighters who have developed different types of cancer after being on the pile is approaching 900. On this 13th anniversary of 9-11, as we memorialize the victims, the reality is that many more victims are yet to emerge. In the past, we were warned that the impact of cancer would be present within 10-15 years. When cancer is detected and treated early, chances of survival and a better quality of life increases. I am imploring all members to pay close attention to any symptoms and get them checked out as early as possible. Be vigilant, early detection is our best remedy against cancer. We have already added too many names to the WTC Memorial Wall.
WTC Medical Monitoring Now Includes Cancer Screening • • •
In-depth yearly health evaluation, providing WTC & non-WTC results: cholesterol, glucose levels, liver and kidney functions Blood Cell Counts and Prostate Specific Antigen (PSA, if indicated) Screening Colonoscopy, Screening Mammography, and Chest CT Scan, as per USPSTF (US Preventive Services Task Force) Guidelines
What happens at a WTC Treatment Appointment? • •
When you have a diagnosed WTC-related health issue, you are seen & treated by FDNY WTC Treatment physicians and nurses If needed, medical staff submits WTC certification forms to NIOSH. Upon approval, you can then access free WTC treatment benefits: o Specialized diagnostic testing, referrals to specialists (GI’s , ENTs, etc) in WTC network, & prescriptions for WTC-covered meds
How do I get medications to treat my WTC health issues? •
Free WTC Prescriptions may only be written by an FDNY WTC doctor o Covered medication categories include respiratory, chronic sinus, GERD, Cancer & mental health
Where are WTC Treatment appointments available? •
5 WTC sites around Metro New York – multiple days at each location o FDNY WTC active & retired members, please call (718) 999-1858
What about WTC Counseling and Mental Health Services? •
5 locations around Metro New York, staffed with licensed FDNY WTC Counselors and Psychiatrists o Call (212) 570-1693 for more details, and to schedule an appointment
Is cancer covered under the FDNY WTC Health Program? • •
Yes. WTC Health Program now covers over 60 WTC-related cancers Received a cancer diagnosis, have biopsy & pathology reports? Contact Nadia Jaber – (718) 999-1223 - to start WTC cancer certification process
Please note: FDNY WTC Doctors have NO duty determination responsibilities Questions RE FD WTC Healthcare Services? Call WTC Nurses - (718) 999-1878
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NO. 3 2014
Recording Secretary’s Update LeRoy C. McGinnis, E-266
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IAFF Fallen Fire Fighter Memorial Observance
Photo Credit: Gerard Fitzgerald
Photo Credit: LeRoy C. McGinnis
On September 20th, Health & Safety Officer Gerard Fitzgerald, Queens Trustee Matt DesJardin, and I traveled to Colorado for the IAFF Fallen Fire Fighter Memorial Observance to honor the sacrifice made by IAFF members who serve as professional fire fighters and emergency medical personnel who have given their lives in the line of duty (LOD). The following UFA members names were inscribed on the wall at this year’s ceremony: Kevin Delano, Sr., L-142; Vincent Albanese, L-38; William “Billy” Quick, L-134; Aldolfo “Al” Otano, E-202; and Walter “Wally” Torres. The IAFF website www.iaff.org has a section dedicated to this event, including yearby-year listings of all IAFF members that have been placed on the wall since 1976.
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NO. 3 2014
General Counsel’s Column Michael N. Block, Esq.
FREE SPEECH
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A particularly interesting and difficult topic to address as Counsel for the UFA, is the issue of the First Amendment rights of firefighters to voice their opinions without fear of retribution from the FDNY. This issue has become even more relevant in light of the former Fire Commissioner’s efforts to investigate “leaks” to the press about FDNY issues and the issuance of Regulations restraining “non-approved” clothing and the posting of messages in quarters. There is little doubt that a public employee does not completely forfeit his First Amendment rights when he is hired. There is also little doubt that there are limits on the content of “speech” that is permissible and constitutionally protected. Many cases, some reaching all the way to the United States Supreme Court, have addressed the First Amendment rights of public employees. As noted in a previous article, the decision of the U.S. Supreme Court in Garcetti v. Ceballos, 547 U.S. 410 (2006), is the most troubling. In that case, the Court essentially ruled that employees who make statements as part of their official duties enjoy NO First Amendment protection and may be disciplined, even fired, for what they say - despite the fact that their statements were accurate and truthful. That decision had a chilling effect on employees wanting to express their opinions critical of their municipal employers. Based upon the decision, Courts upheld strict discipline of employees because they had no free speech rights when speaking as part of their job. However, I am pleased to report that the Supreme Court recently rendered a decision that significantly limits the broad interpretation that had been given to its prior Garcetti ruling. In a case entitled Lane v. Franks, [2014 W.L. 2765285 (S. Ct. 2014)], an employee of an Alabama community college was subpoenaed to testify before a Grand Jury investigating an Alabama state representative. That investigation resulted in the criminal conviction of the representative. Thereafter, the employee who had testified was
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laid off. He sued, claiming that the lay-off was in retaliation for his Grand Jury testimony. The lower Courts held that since the content of his testimony resulted from information he learned through his employment, his speech was not protected based upon the Garcetti decision. However, the U.S. Supreme Court found that the lower Courts were misinterpreting the scope of its prior Garcetti decision. The Supreme Court held that speech that was not protected by the First Amendment was only speech that was ordinarily within the scope of the employee’s duties. Thus, even if the information discussed by an employee were learned through his employment, that speech is protected if it is not speech that is ordinarily within the employee’s job. Since Lane’s job did not ordinarily include testifying at a Grand Jury, his testimony was protected by the First Amendment. Members are cautioned, however, that simply because “speech” may qualify for constitutional protection, it does not mean that such speech cannot be a basis for discipline. Once it is determined that the First Amendment is applicable, the Court still has to balance the value of the speech against its possible detrimental effect upon the operations of the employer. In making that determination, the Court has to decide whether the employer had an adequate justification for treating the employee differently from any other member of the general public. For example, the “speech” may, by its very nature, be so potentially disruptive within the work place that the employer may be allowed to discipline the person responsible for that speech, regardless of whether it qualifies for First Amendment protection.
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NO. 3 2014
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On Tuesday, September 2, 2014, the newly elected UFA Board was sworn in by NY City Comptroller Scott Stringer. Board members were elected in June and terms began on August 1st. The swearingin ceremony was held during a special committee meeting of battalion delegates at the UFAâ&#x20AC;&#x2C6;headquarters. Above (L-R) Steven Tagliani, Fire Marshal Representative; William Greco, Bronx Trustee; Vincent Speciale, Manhattan Trustee; Eric Bischoff, Staten Island Trustee; Matthew M. DesJardin, Queens Trustee; Edward Brown, UFA Treasurer; Gerard Fitzgerald, Health & Safety Officer; NYC Comptroller Scott Stringer; John G. Kelly, Jr., Brooklyn Trustee; Steven J. Cassidy, UFA President; James M. Slevin, UFA Vice-President; and LeRoy McGinnis, Recording Secretary. (Below) NYC Comptroller Scott Stringer addresses battalion delegates.
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Photo Credit: Herb Eysser
NO. 3 2014
First alarm companies responding to a store fire at 1780 Grand Concourse near East 175th Street in the Bronx on August 31, 2014 were met by heavy fire conditions upon arrival at Box 2936. The deputy chief on the 7th Division used all hands plus an additional engine and trucks to extinguish this fire.
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NO. 3 2014
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THEâ&#x20AC;&#x2C6;COMPENSATION ACCRUAL FUND OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO 204 EAST 23RD STREET, NEW YORK, NY 10010 TEL: (212) 683-4723 FAX: (212) 683-0693
To:
All Participants
Re:
Annual Membership Report
From:
Page 9
Board of Trustees
In compliance with Directive 12, Employee Benefit Funds â&#x20AC;&#x201C; Uniform Reporting and Auditing Requirements, issued by the Office of the Comptroller of the City of New York, set forth below is a report of the financial condition and operations of the Fund for the fiscal year ended December 31, 2012. The Compensation Accrual Fund of the Uniformed Firefighters Association is a defined contribution pension plan that provides retirement benefits to New York City firefighters, fire marshals, marine engineers, pilots, and uniformed wipers pursuant to collective bargaining agreements between the City of New York and the Uniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA). Participants are eligible to participate in the plan on the date they commence employment. Benefits are funded through employer contributions, which are established by the collective bargaining agreements. The value of Fund assets, after subtracting liabilities of the Fund, was $145,281,443 as of December 31, 2012, compared to $132,937,626 as of January 1, 2012. During the fiscal year the Fund experienced an increase in its net assets available for benefits of $12,343,817. Additions to the Fund totaled $18,836,571. These additions included investment income of $11,312,035 and contributions of $7,524,536.
Deductions from the Fund totaled $6,492,754. These deductions included benefits paid to participants of $6,091,314 and administrative expenses of $401,440. For additional information write or call:
Board of Trustees Compensation Accrual Fund of the Uniformed Firefighters Association 204 East 23rd Street New York, NY 10010 (212) 683-4723
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NO. 3 2014
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THE SECURITY BENEFIT FUND OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO 204 EAST 23RD STREET, NEW YORK, NY 10010 TEL: (212) 683-4723 FAX: (212) 683-0693
To:
All Participants
Re:
Annual Membership Report
From:
Page 10
Board of Trustees
In compliance with Directive 12, Employee Benefit Funds – Uniform Reporting and Auditing Requirements, issued by the Office of the Comptroller of the City of New York, set forth below is a report of the financial condition and operations of the Fund for the fiscal year ended June 30, 2013. The Security Benefit Fund of the Uniformed Firefighters Association provides prescription drug, dental, optical, hearing aid, life insurance, supplemental health insurance, certain widows’ benefits and other benefits to eligible participants, which include firefighters, fire marshals, marine engineers, pilots, and uniformed wipers, pursuant to an Agreement and Declaration of Trust entered into between the Uniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trustees of the Fund. Such benefits are funded through employer contributions, which are established by collective bargaining agreements entered into between the UFA and the City of New York. The value of Fund assets, after subtracting liabilities of the Fund, was $42,791,074 as of June 30, 2013, compared to $39,150,365 as of July 1, 2012. During the fiscal year the Fund experienced an increase in its net assets available for benefits of $3,640,709. Additions to the Fund totaled $15,457,247. These additions included investment income of $1,149,970, contributions of $13,019,549, and other income of $1,287,728. Deductions from the Fund totaled $11,816,538. These deductions included benefits paid to or for participants of $11,085,482 and administrative expenses of $731,056. For additional information write or call:
Board of Trustees Security Benefit Fund of the Uniformed Firefighters Association 204 East 23rd Street New York, NY 10010 (212) 683-4723
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NO. 3 2014
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THE RETIRED FIREFIGHTERS SECURITY BENEFIT FUND OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO 204 EAST 23RD STREET, NEW YORK, NY 10010
To:
All Participants
Re:
Annual Membership Report
From:
Page 11
Board of Trustees
In compliance with Directive 12, Employee Benefit Funds â&#x20AC;&#x201C; Uniform Reporting and Auditing Requirements, issued by the Office of the Comptroller of the City of New York, set forth below is a report of the financial condition and operations of the Fund for the fiscal year ended June 30, 2013.
The Retired Firefighters Security Benefit Fund of the Uniformed Firefighters Association provides prescription drug, dental, optical, hearing aid, life insurance, supplemental health insurance, certain widowsâ&#x20AC;&#x2122; benefits and other benefits to eligible participants, which include retired firefighters, fire marshals, and uniformed wipers, pursuant to an Agreement and Declaration of Trust entered into between the Uniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trustees of the Fund. Such benefits are funded through employer contributions, which are established by collective bargaining agreements entered into between the UFA and the City of New York. The value of Fund assets, after subtracting liabilities of the Fund, was $40,927,703 as of June 30, 2013, compared to $40,154,188 as of July 1, 2012. During the fiscal year the Fund experienced an increase in its net assets available for benefits of $773,515. Additions to the Fund totaled $25,649,837. These additions included investment income of $900,200, contributions of $17,938,441, and other income of $6,811,196.
Deductions from the Fund totaled $24,876,322. These deductions included benefits paid to or for participants of $24,293,279 and administrative expenses of $583,043. For additional information write or call:
Board of Trustees Retired Firefighters Security Benefit Fund of the Uniformed Firefighters Association 204 East 23rd Street New York, NY 10010 (212) 683-4723
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Uniformed Firefighters Association 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 EDWARD BROWN Treasurer
LAD 7
LAD 48
JOHN G. KELLY, JR Trustee-Brooklyn ENG 201 Chairman, Board of Trustees
MATTHEW M. DESJARDIN Trustee-Queens ENG 325 VINCENT SPECIALE Trustee-Manhattan
STEPHEN J. CASSIDY Editor-In-Chief
ENG 55
LEROY C. MCGINNIS Recording Secretary
ENG 266
ERIC BISCHOFF Trustee-Staten Island
ENG 161
GERARD FITZGERALD Health & Safety Officer ENG 318 Sergeant-at-Arms WILLIAM GRECO Trustee-Bronx
ENG 68
STEVEN TAGLIANI Fire Marshal Representative
STEPHEN N. SYMBOLIK III Managing Editor
BFI
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