UTICA — A Utica firefighter accused of harassing a female co-worker has been fired from the Utica Fire Department, according to a statement from the Utica Corporation Counsel's office.
That firefighter, Richard Forte, also still faces criminal charges of fourth-degree criminal mischief and third-degree criminal tampering in Utica City Court, officials said.
The case against Forte stems from a Jan. 6, 2018 accusation by a female firefighter who found ejaculate on an extra pair of her pants after returning from a call. The pants were kept in a private room of the station house used by the female firefighter. The ejaculate tested positive for semen, which was later compared with a court-ordered sample obtained from Forte.
As a result of the evidence from the investigation of the case, the city brought disciplinary charges against Forte, seeking to terminate him, according to a news release from the city that did not mention Forte by name but referred to a Jan. 6, 2018 incident. A city official later confirmed it was the same case.
Forte and his union, the International Association of Firefighters Local 32, denied the claims and said it was only a property damage case, the release states.
The decision to terminate the firefighter came after an impartial arbitrator heard the case, as required by the collective bargaining agreement.
"The firefighter's conduct in this case was egregious and reprehensible," the statement from the corporation counsel's office said. "As the arbitrator accurately stated, it was 'Tone-deaf and purely illogical' for the fighter and union to claim these actions merely amounted to property damage and not sexual harassment."
While it's the union's job to defend its members, International Association of Firefighters Local 32 President Thomas Carcone said in a statement that it does not condone misconduct by any of its members.
"One of our former members was specially charged and found guilty of one charge brought by the city of Utica," Carcone said in a statement, again not mentioning Forte by name. "That charge was specific to conduct unbecoming a member of the bureau of fire insofar as he did knowingly and intentionally damage property belonging to a fellow firefighter. He was not charged at any time by the city of Utica for sexual harassment. We defended the case responding to the specific charge brought by the city of Utica."
———
©2019 Observer-Dispatch, Utica, N.Y.
Visit Observer-Dispatch, Utica, N.Y. at www.uticaod.com
Distributed by Tribune Content Agency, LLC.
