1. #1
    Forum Member

    Join Date
    Dec 2005
    Posts
    211

    Default Long Island Fire Chief Cited for closing down highway lane

    From: firefighterclosecalls.com

    FIRE CHIEF THREATENED WITH ARREST/CITED FOR BLOCKING THE HIGHWAY-NEW YORK

    Wednesday, January 26, 2011 In Nassau County on Long Island (NY) this morning, James Allen, Chief of the North Merrick Fire Department, was issued a citation by a New York State Trooper. The Chief was making an attempt to close the southbound right-hand lane because of a crash in the center lane on the Meadowbrook State Parkway around 0900 today. The Chief was leaving one lane open for traffic to keep moving, but wanted the accident lane and one other lane closed for safety.

    “It wasn’t safe. The weather this morning was not good (wet, snowy, icy) and cars were slipping and sliding all over the place. We had a crash victim and I was just trying to make it as safe as possible. I have to keep my personnel safe too,” Allen said.

    It should be noted that NY State just passed the Ambrose-Searles Move Over Act. It's named after a NY State Trooper and an Onondaga County Sheriff's deputy, who were both killed in the Line of Duty while their patrol cars were stopped along the side of the road. New York is one of the last states to enact a Move Over Law.

    HERE IS THE STATE POLICE PSA VIDEO ON WHY THE ROADS MUST BE MADE SAFE FOR EMERGENCY RESPONDERS AT ANY SCENE: http://www.youtube.com/watch?v=HVb8epuNV2E

    Chief Allen explained that the Trooper did not want him to close the right lane of the parkway, insisting that he allow both the right and left lanes to handle the flow of traffic-with responders operating in the middle. When Chief Allen disagreed, (because of his concern about personnel operating in an "island" without any side protection), the officer threatened to have him arrested. Instead, the incident ended with the State Trooper issuing the Chief a citation.

    According to the Chief, the incident involved a car that had spun around and was northbound in the south bound center lane. The Trooper pulled up first and put his truck (SUV) behind the accident in the center lane. The Chief, arriving moments later, put his SUV in the right lane, so now the right and center lane was blocked and they kept the left lane for traffic to keep moving. The Trooper sternly wanted the Chief to open up the right lane and let traffic go in both the left and right lane and have the Firefighters, EMT's (and the police) work in the center lane.

    Chief Allen told the Trooper he was not moving his Chiefs truck for the safety of his department members, the patient and for the police. The Trooper didn't like that idea and told the chief that if he don't move the vehicle, he was going to arrest him. The chief responded "I guess that's what you are going to do because I am not moving my truck".

    Chief Allen has been a firefighter for 23 years and a chief officer for 5 years and there has never been a problem previously. The parkways are shut down or partially shut down regularly-as a matter of safety for all operating. Chief Allen called the Nassau County Fire Communications Center (Firecom) for a state police supervisor to respond, who never showed up. The end result was that the trooper gave the chief a ticket for failing to comply with a lawful order.

    The chief has a call into the area state police supervisor to ask him if this is the way they are going to work with us? If so, the chief has stated that the North Merrick FD, as long as he is Chief of Department, will not respond to a call on the parkway because the safety of his members is first.

    “As of January 1, (as noted above, with video) there is a new NY State law in effect that says that all cars have to move over a lane when they see an emergency vehicle. Now, in this case, no one could move over because the accident was in the center lane, but I had to make the scene secure,” Chief Allen stated.

    Chief Allen clearly "gets it"- we just don't understand why the Trooper doesn't, or at least didn't. This, especially after his own agency (NY State Police) worked to pass the new law. NYS Police are also on the forefront nationally on scene/traffic management, warning light use and color and related safety initiatives. We'll keep you advised.



    HERE IS THE STATE POLICE PSA VIDEO ON WHY THE ROADS MUST BE MADE SAFE FOR EMERGENCY RESPONDERS AT ANY SCENE:

  2. #2
    Forum Member

    Join Date
    Jan 2009
    Location
    Central NC
    Posts
    168

    Default

    I ran into that problem on several occasions with my previous department. Local PD and state troopers were great to work with, but the Sheriff’s dept was horrible to work with on the interstate.

    You have to do the right thing. I disagree with not responding to the area because of safety issues. Respond to the area and do what you need to do to make it safe. If that means blocking the parkway with your rig then do it. I don't think the trooper's supervisor will have a problem with it.

  3. #3
    MembersZone Subscriber

    Join Date
    Mar 2006
    Location
    Southern California
    Posts
    813

    Default

    Makes me appreciate our P.D. and M.Ps. so much more..... When I say the lane/road is closed it's closed no questions..... We did have another Captain that almost got "detained" by CHP for blocking the #2 lane of a (2) lane highway; they had a vehicle fire with running fuel. Our Captain stood his ground and when the CHP Supervisor (Sgt) showed-up he pulled the Patrolman aside and reamed him..... Since then, we've had no issues and have done some great training involving the local CHP Office.

    Good job Chief Allen..... I respect putting your Guys #1.
    "Be LOUD, Be PROUD..... It just might save your can someday when goin' through an intersection!!!!!"

    Life on the Truck (Quint) is good.....

    Eat til you're sleepy..... Sleep til you're hungry..... And repeat.....

  4. #4
    Forum Member
    FWDbuff's Avatar
    Join Date
    Jul 2003
    Location
    Pee-Ayy!
    Posts
    7,427

    Default

    Quote Originally Posted by FireFuss View Post
    That's nothing new. At least not around here. Ran into a few state police that had some kind of hard-on for keeping traffic lanes open while we work. One incident the (24-25 year old) trooper was yelling at a lieut with 30 or so years on. A kind of "you don't yell at him" kinda guy. Luckily the chief arrived to "talk" to the statie until his supervisor got there. We've been told Philadelphia area isn't a coveted work area for the staties, and the senior officers take "other" assignments leaving us with all the fresh outta school, young *****, ego trip guys. Seems about spot on so far.

    ...which reminds me, isn't it like a 3rd degree felony to impede a fireman acting on his duties or something? I think it'd be funny to call the local police and have a state cop arrested for threatening to arrest you... heh
    Makes ya miss the "H" and "X" cars, huh????
    "Loyalty Above all Else. Except Honor."

  5. #5
    Forum Member
    MassFireGuy's Avatar
    Join Date
    Oct 2007
    Location
    A Conservative's Hell
    Posts
    663

    Default

    Makes me sick. Good for the Chief standing his ground. Next time shut down the highway.

  6. #6
    Forum Member
    NY911Bowhunter's Avatar
    Join Date
    May 2007
    Location
    Dutchess County, NY
    Posts
    126

    Default

    I understand that the NYSP have decided to persue this case and prosecute the Chief.

    If that is the case, it will do more harm to the relationships between FD and PD than good...all over a ****ing match...

    This is a VERY scary thing for any FD and IC...yet another thing to worry about at a scene..."am I gonna get locked up if I shut this road down?"....and we wonder why there are so few good officers out there....the ones smart enough or the spot..are smart enough to not get made!
    FTM - BTB - KTF

  7. #7
    MembersZone Subscriber
    voyager9's Avatar
    Join Date
    Jun 2004
    Location
    Southern NJ
    Posts
    2,007

    Default

    Quote Originally Posted by NY911Bowhunter View Post
    I understand that the NYSP have decided to persue this case and prosecute the Chief.

    If that is the case, it will do more harm to the relationships between FD and PD than good...all over a ****ing match...
    It sucks that this PD/FD mess occurred but I think the Chief made the right decision. I'd rather go to court then a funeral..
    So you call this your free country
    Tell me why it costs so much to live
    -3dd

  8. #8
    Forum Member

    Join Date
    Sep 2010
    Posts
    81

    Default

    I'm in TN but have lots of family in New York. I've passed word to them and asked them to contact their state legislators and express their support for the Chief. If you know anyone in NY I encourage you to do the same.

  9. #9
    Forum Member
    NY911Bowhunter's Avatar
    Join Date
    May 2007
    Location
    Dutchess County, NY
    Posts
    126

    Default

    Sure, me too...but this WILL efect his life..personal and otherwise..as well as cost him and the department akataxpayes thousands of dollars...

    Sad that the Trooper had to escalate it to that point.
    FTM - BTB - KTF

  10. #10
    Back In Black
    ChiefKN's Avatar
    Join Date
    Feb 2003
    Location
    The Nice Part of New Jersey
    Posts
    6,981

    Default

    I'm still shocked that this sort of nonsense continues....

    Clearly the roads were unsafe, operating in the middle lane of traffic is idiotic without some sort of buffer.

    We need better legislation offering protection to responders on the highway.
    I am now a past chief and the views, opinions, and comments are mine and mine alone. I do not speak for any department or in any official capacity. Although, they would be smart to listen to me.

    "The last thing I want to do is hurt you. But it's still on the list."

    "When tempted to fight fire with fire, remember that the Fire Department usually uses water."

  11. #11
    Forum Member

    Join Date
    Aug 2007
    Location
    Southern Indiana
    Posts
    497

    Default

    This is one of the most idiotic and wasteful things I think I have seen.

    I support the chief in his decision to close a lane for scene security. There is a reason we have move over laws. I was not there but I will not second guess the man for this.

    What I don't understand is how the state police see this as an issue that they need to take to the courts. If you have concerns about how incidents are handled - have a meeting with the stake holders in this. Figure it out together. Why waste the courts time and money for this.

  12. #12
    Forum Member
    pasobuff's Avatar
    Join Date
    Aug 2005
    Location
    Loverly upstate NY
    Posts
    1,734

    Default

    Anyone know who the Legislator is for this area?...may 'accidentally' see him/her next week and have a chat!

  13. #13
    MembersZone Subscriber
    LVFD301's Avatar
    Join Date
    Jun 2006
    Posts
    4,024

    Default

    I hope when it is all said and done, the Chief sues like the one in Saint Louis County Missouri. Sooner or later they will get the idea.

    If it does go to court, we need to have as many people there as possible. In the courthouse. Of course, it may tie up traffic with the need for parking.....

  14. #14
    Forum Member

    Join Date
    Dec 2002
    Location
    Udall, Kansas
    Posts
    442

    Default We got the law changed in Kansas

    A couple years ago we got the state legistlature to change the law so the fire department is authorized to shut down a roadway for emergencies. Before that, it was only for fires and their was a few conflicts but never to the degree that I have read about in other areas. We also don't have the traffic in our area that others do......

  15. #15
    Forum Member

    Join Date
    Mar 2003
    Posts
    2,084

    Default

    Can you post a link to that law ? I hunted but struck out ?
    ?

  16. #16
    FIREMAN 1st GRADE
    E40FDNYL35's Avatar
    Join Date
    Jan 1999
    Location
    Malingering
    Posts
    3,644
    ALL GAVE SOME BUT SOME GAVE ALL
    NEVER FORGET 9-11-01
    343
    CAPT. Frank Callahan Ladder 35 *
    LT. John Ginley Engine 40
    FF. Bruce Gary Engine 40
    FF. Jimmy Giberson Ladder 35
    FF. Michael Otten Ladder 35 *
    FF. Steve Mercado Engine 40 *
    FF. Kevin Bracken Engine 40 *
    FF. Vincent Morello Ladder 35
    FF. Michael Roberts Ladder 35 *
    FF. Michael Lynch Engine 40
    FF. Michael Dauria Engine 40

    Charleston 9
    "If my job was easy a cop would be doing it."
    *******************CLICK HERE*****************

  17. #17
    FIREMAN 1st GRADE
    E40FDNYL35's Avatar
    Join Date
    Jan 1999
    Location
    Malingering
    Posts
    3,644

    Default

    Quote Originally Posted by slackjawedyokel View Post
    Can you post a link to that law ? I hunted but struck out ?
    http://www.troopers.state.ny.us/Publ...y_1st_2011.cfm
    ALL GAVE SOME BUT SOME GAVE ALL
    NEVER FORGET 9-11-01
    343
    CAPT. Frank Callahan Ladder 35 *
    LT. John Ginley Engine 40
    FF. Bruce Gary Engine 40
    FF. Jimmy Giberson Ladder 35
    FF. Michael Otten Ladder 35 *
    FF. Steve Mercado Engine 40 *
    FF. Kevin Bracken Engine 40 *
    FF. Vincent Morello Ladder 35
    FF. Michael Roberts Ladder 35 *
    FF. Michael Lynch Engine 40
    FF. Michael Dauria Engine 40

    Charleston 9
    "If my job was easy a cop would be doing it."
    *******************CLICK HERE*****************

  18. #18
    Forum Member
    nmfire's Avatar
    Join Date
    Nov 2002
    Location
    Maryland (DC Suburb)
    Posts
    5,738

    Default

    I thought NY was one of the many many states that gives the ranking fire official statutory authority over an incident. If that is the case, then this will laughed out of court. Following that, the trooper and his superiors should be disciplined for their stupidity.
    Even the burger-flippers at McDonald's probably have some McWackers.

  19. #19
    Forum Member
    PhillyRube's Avatar
    Join Date
    Apr 2004
    Location
    Rescue, Isle of Wight Cty, VA
    Posts
    94

    Default

    Wearing both hats, as a patrol supervisor and a volunteer firefighter, I usually close the lane before fire shows up with their 15 ton "traffic cone". I have lost officers due to rubberneckers, and as fire goes, whatever they want, they get.

  20. #20
    Forum Member

    Join Date
    Jan 2007
    Posts
    2,802

    Default

    Really is funny when considering the NYSP and their push for Move over/slow down and it recently going into effect. Good on the Chief for standing his ground, way to look out for his guys.

  21. #21
    Truckie
    SPFDRum's Avatar
    Join Date
    Mar 1999
    Location
    St Paul, MN
    Posts
    2,516

    Default

    The shenanigans of the east coast really do baffle me.....
    BZ's to the Chief for standing his ground.
    My posts reflect my views and opinions, not the organization I work for or my IAFF local. Some of which they may not agree. I.A.C.O.J. member
    "I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."
    George Mason
    Co-author of the Second Amendment
    during Virginia's Convention to Ratify the Constitution, 1788
    Elevator Rescue Information

  22. #22
    Forum Member
    MassFireGuy's Avatar
    Join Date
    Oct 2007
    Location
    A Conservative's Hell
    Posts
    663

    Default

    The cops wife must of had an affair with a Jake.
    http://www.youtube.com/watch?v=5jezSeQnfCg

  23. #23
    FIREMAN 1st GRADE
    E40FDNYL35's Avatar
    Join Date
    Jan 1999
    Location
    Malingering
    Posts
    3,644

    Talking

    Lol^^^^^^>>>>
    Last edited by E40FDNYL35; 01-31-2011 at 10:05 AM.
    ALL GAVE SOME BUT SOME GAVE ALL
    NEVER FORGET 9-11-01
    343
    CAPT. Frank Callahan Ladder 35 *
    LT. John Ginley Engine 40
    FF. Bruce Gary Engine 40
    FF. Jimmy Giberson Ladder 35
    FF. Michael Otten Ladder 35 *
    FF. Steve Mercado Engine 40 *
    FF. Kevin Bracken Engine 40 *
    FF. Vincent Morello Ladder 35
    FF. Michael Roberts Ladder 35 *
    FF. Michael Lynch Engine 40
    FF. Michael Dauria Engine 40

    Charleston 9
    "If my job was easy a cop would be doing it."
    *******************CLICK HERE*****************

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Bradenton Fire Chief Mark Souders dies
    By Sgt. Stafford in forum Florida
    Replies: 1
    Last Post: 01-13-2011, 01:11 PM
  2. HOUSTON walked away from this contract
    By Firewalker1 in forum Firefighters Forum
    Replies: 71
    Last Post: 05-17-2007, 01:34 AM
  3. NIOSH & State Refute IAFF Houston Claims
    By Firewalker1 in forum Firefighters Forum
    Replies: 59
    Last Post: 12-13-2002, 09:51 PM
  4. Monroe County Florida--New Fire Chief on Board..His Thoughts
    By captstanm1 in forum The Off Duty Forums
    Replies: 1
    Last Post: 09-24-2002, 08:42 AM
  5. Civilian Fire Fatalities
    By DCFF in forum Firefighters Forum
    Replies: 38
    Last Post: 02-08-2002, 09:18 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Log in

Click here to log in or register