N.Y. Capt. Placed on Desk Duty by City Mayor

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Dec. 22--WEST CARTHAGE -- Mayor Scott M. Burto has placed West Carthage Fire Capt. Phillip C. Cox on desk duty, alleging the captain is unable to perform his duties with the Fire Department because of a medical disability.

Mr. Cox said he was reassigned to answering phones and training firefighters until the village Board of Trustees comes to a decision about his position. He said there has never been a "desk duty" position at the department until now.

"Since May, I haven't been able to do my duties, because I have a handicap-parking placard," Mr. Cox said.

He said he believes Mr. Burto is acting alone to remove him from his duties.

"I'm not at liberty to discuss the specifics of a personnel case," Mr. Burto said.

Mr. Cox also said the village has no control over the operation of the Fire Department. "The village is responsible for the building and equipment," he said. "I believe Mr. Scott Burto is acting illegally and without proper due authority."

However, Joseph D. Plummer, director of the Jefferson County Office of Fire and Emergency Management, said this is not true. "The village is the authority having jurisdiction over the Fire Department," he said.

As fire captain, Mr. Cox was responsible for supporting firefighters at fire and rescue scenes, making sure the equipment was operational and supervising the rescue squad, according to Fire Chief Peter M. Crump Jr. Mr. Cox did not have to perform driving duties or enter a burning building. He was seen handing air packs to firefighters, Mr. Crump said.

Mr. Cox developed a "neurological, orthopedic or arthritic condition" while serving in the Navy for three years. He had these conditions -- and his handicapped-parking placard -- when he joined the West Carthage Volunteer Fire Department four years ago.

Mr. Cox said he is not comfortable disclosing his conditions, but said he does not drive to a fire scene when he feels he is not well.

He claimed Mr. Burto asked for his medical records without the Board of Trustees' authority. Mr. Cox's U.S. Department of Veterans Affairs doctor refused to give Mr. Burto more information on Mr. Cox's medical condition and has written a note stating Mr. Cox is able to go back to his job.

Mr. Cox said he asked to speak during an executive session at a trustees meeting but was told to leave. He said that before he left the meeting room, he handed the trustees the letter stating Mr. Burto's request.

Mr. Cox said he will fight to regain his status in the Fire Department.

"I have found no rules that say that if you have a handicap placard that you have to jump through these hoops," Mr. Cox said.

Mr. Crump also said he cannot comment on Mr. Cox's case. He did say, however, that there were no disciplinary notices against Mr. Cox.

Mr. Cox said he plans to file a formal request to defend himself in an executive session and a formal request to find out what the village intends regarding his position as fire captain.