N.Y. Firefighters File Lawsuit Over Chief Search

March 22--PLATTSBURGH -- The City of Plattsburgh Fire Department union is suing the city and Clinton County over the search for a new fire chief.

"All we are asking for is a fair opportunity to compete for this job," Plattsburgh Permanent Firefighters Association President Terry Feazelle told the Press-Republican.

TAILORED?

The union filed suit earlier this month in State Supreme Court, asking that the results of the Civil Service examination for the chief's position not be considered.

The suit claims that the city tailored the job specifications to rule out existing firefighters and give a preferred candidate a better shot at landing the job.

The chief's job has been open since former Chief Paul Williams retired last May. Police Chief Desmond Racicot has been serving as acting fire chief since then.

The results of the Civil Service examination are due out later this month.

FEDERAL TRAINING

Feazelle said the city crafted the job listing to require a degree in fire science or a related field from only New York-accredited schools but, for hands-on experience, it only accepts federal training for hands-on experience.

Feazelle said city firefighters are only afforded state training and that to require federal training automatically makes them ineligible to take the test for the job.

"If they want us to take federal training, then they should offer it to us."

Feazelle said the city is the only municipality in the state that will not accept state training.

"DOD (U.S. Department of Defense) sends its firefighters to the state for training, so obviously it is good enough for them, so why isn't it good enough for us?" Feazelle said.

At least six members of the Fire Department should be eligible to apply for the chief's job, he said.

MOST QUALIFIED

Mayor Donald Kasprzak said the city is looking for the most qualified person for the job, which will pay between $65,725 and $85,451, depending on experience and qualifications, and wants the highest standards of training.

The specifications for the job were posted by the Clinton County Personnel Department, which acts as Civil Service administrator.

"I have the responsibility, as mayor, to hire the most qualified individual for the chief's position, regardless of whether they come from within or outside the department," Kasprzak said.

"To claim that the county, Civil Service and the city tampered with the job description is insulting and frivolous. I want to make it perfectly clear that the union is not going to dictate to me who I am going to hire, no matter how many lawsuits they file."

25 APPLICANTS

About 25 people from around the country have applied for the job since Williams retired. Six took the examination.

The union claims in its suit that the city wants to hire Daniel Collins, a federal- and state-certified trainer who has trained members of the City Fire Department in the past.

The suit says that, by excluding state training courses from the qualifications, the city, county and Civil Service "have effectively disqualified from eligibility all active members of the Plattsburgh Fire Department, and they have ensured that the city's desired candidate, Collins, has an inside track for the position."

INSIDE VS. OUTSIDE

Clinton County Administrator Michael Zurlo said the county would not comment on the issue since it is in litigation.

But County Legislator Mark Dame (R-Area 8, City and Town of Plattsburgh), who represents part of the city, said city officials should be able to hire whoever they want for the job.

"Sometimes it is not good to hire a new manager from within because of past associations that could prevent good management practices, and I think the mayor recognizes that and believes the situation may be best resolved by hiring someone from outside the department," Dame said.

Dame, who as a city councilor from 1990 to 1994 fought many times with the Fire Department union, said any active firefighter could become eligible for the chief's job simply by taking federal training.

"Maybe some of their lawsuit money would be better spent by seeking federal training," he said.

Kasprzak, since taking office as mayor in 2007, has hired five departments heads from within their departments, including two former union presidents: Mike Brodi and Chief Williams.

He has also hired two department heads from outside the city.

FAIRNESS SOUGHT

Feazelle said the city can certainly hire whoever it wants, as long as the process is fair.

"They are gearing the exam so he (Collins) gets it. We feel that we should at least have the opportunity to take the exam. Now, it will be up to a judge to decide."

Email Joe LoTemplio at: [email protected]

Copyright 2012 - The Press-Republican, Plattsburgh, N.Y.