Utica, NY, Councilman Apologizes for Hazard Pay Quip During Firefighter Cancer Discussion

After an apology from a Utica councilmember to firefighters about a tasteless remark regarding hazard pay during a firefighter cancer discussion, the IAFF local union president said the focus needs to turn to finding the funding to purchase PFAS-free gear.

During last week’s budget meeting, council member Jack LoMedico said, “That’s what we pay you hazardous duty for” as Fire Chief Scott Ingersoll requested funds for new firefighter turnout gear. The comment sparked outrage across the fire service as cancer has become the leading cause of firefighter deaths.

Tuesday night, LoMedico apologized in the packed city council chambers.

"While discussing our annual budget, I made a comment about our Utica firefighters that I truly regret, for which I now want to apologize,” LoMedico said. "After learning that our firefighters' current turnout gear may contain carcinogenic material, I made a poor off-the-cuff remark when I said, 'That's why they received hazardous pay.' It was careless, it was wrong, and I take full responsibility. I understand how that comment was disturbing, disrespectful and hurtful, and very regrettable.”

LoMedico recalled four Utica firefighters who were diagnosed with esophageal cancer after battling a 1981 fire at a GE plant and later died. He also talked about those first responders who toiled at the World Trade Center, acknowledging that job-related cancers and illnesses have claimed hundreds of firefighters.

“I have seen this kind of sacrifice up close. I served in the military and was assigned to assist at Ground Zero during the 9/11 disaster,” LoMedico shared. “I remember daily with the smoke in the air and watching the fire department in New York carry flag-draped bodies of their brothers from the pile. I watched this daily while I was there.”

“I have the utmost respect for anyone who puts their life in harm's way. I've worn the uniform much of my life. In the Army, overseas, and later, as a corrections parole officer,” continued LoMedico. “I know what it means to accept risks and service to others and that is actually why I should have chosen my own words more carefully. Being tired of going through personal loss is no excuse. I'm an elected official and I should know better. And I must do better.”

In closing, LoMedico stated, “To our firefighters. I'm truly sorry. I respect you. I value you. As an elected official, I will continue to support funding for safety equipment and protective gear that you need in order to do your jobs as safely as possible.”

Mark Nicoletta Jr., president of Utica Fire Fighters Local 32, spoke briefly, acknowledging LoMedico's comments and then shifting the focus back to the budget discussion to ensure proper funding for PFAS-free gear and proper staffing in the department.

“What concerns me is that comment has overshadowed everything that was discussed at that (budget) meeting beforehand. Chief Ingersoll was advocating for 140 members to complement our staffing…he discussed the need to pursue grants in order to improve our firehouses, and he addressed the need to invest a new turnout gear to address the long-term health risks,” Nicoletta said. “These are serious issues, and they deserve serious attention.”

Brian McQueen, a former fire chief and firefighter cancer advocate addressed those in attendance at the meeting, bringing awareness to the overwhelming concerns of firefighter cancer. As a cancer survivor himself, he has taken his message on the road, including through Firehouse and he co-launched the Believe 271 Foundation to raise awareness.

When he took the podium, he asked those at the meeting to raise their hand if they knew someone affected who had been diagnosed with cancer. All but a few hands went into the air.

“For the last 11 years, since Dec. 24, 2014, I've also been a patient at Memorial Sloane Kettering Cancer Center in New York City, fighting occupational cancer linked to the very job I loved, and the community I swore to protect,” said McQueen. “Those 11 years have been a battle…I would not wish upon anyone. Including any one of you or your families.”

He pointed to a study from the Sylvester Cancer Center at the University of Miami that involved firefighters during a single shift who were wearing wrist bands. It showed a 24 percent increases in forever chemical exposures to those firefighters.

“I am here tonight to applaud the leadership and union of the Utica Fire Department for taking proactive steps to protect not only their firefighters, but their families. Because cancer does not just affect firefighters. It affects spouses, balancing work and treatment, schedules. It affects children, who grew up visiting hospital rooms instead of being behind the ball fields. It affects families financially, emotionally, and socially,” McQueen explained.

“That is the reality of the departments across this nation and what they're confronting. Trust me, this is no joke. It's not hazardous pay. It could never resolve the pain and suffering. Not just physically, but mentally. The science is clear.”

McQueen touted New York Governor Kathy Hochul’s new legislation aimed to ban the sale of turnout gear with PFAS by 2028.

“Council members, firefighters in Utica run toward heat, smoke, explosions and chaos, so your neighbors can live safely. They show up every single day. Tonight, I am asking you to stand with them. One, support policies that reduce carcinogenic exposures. Two, support cancer education and early screening. Three, support modernization and protective gear, including PFAS free alternatives. Because the cost of prevention is far less than the cost of treatment. And no budget line can measure the value of a life saved.”

Speaking with Firehouse.com after the meeting, McQueen said the diagnosis continues to haunt him. He’ll wake at night remembering the intense therapies and thoughts overcome him about the impact on his family continue.

“Now, we know now that PFAS does not break down in the body or the environment. They accumulate over time and are linked to cancer and other serious health concerns. The very gear designed to protect us can, if not properly modernized, contribute to long time exposure.

Former IAFF Local 32 President Tom Carcone advocated for further discussions on budgeting.

“I'm not here to talk about the comments made this last week, or Jack LoMedico…I have nothing to say to him, except the average life expectancy of career firefighters 68 years old. Jack. I hope you live a long and prosperous life in full fulfillment.”

Carcone spoke about the need for advocates to support the fire department’s push to obtain the budget needed to not only protect the firefighters but the citizens.

He shared the story of former Utica Fire Chief Russ Brooks, who fought council for better support of the fire department and later passed away from cancer he developed while working at the World Trade Center site.

“Russ Brooks walked out of this building, and Russ died of work-related cancer,” Carcone said, adding that the City of Utica denied his job-related cancer claims.

“We worked through COVID-19…We didn't receive a penny of hazard pay, and we were the front line, given EMS, CPR, to people facing and fighting COVID in the streets and bringing them home to our families. Not a cent of hazard pay for that,” Carcone continued. “The real problem, and the real reason I came today, is because while cancer's a risk, it's almost a pandemic in our fire service. I've seen too many of our retirees die within 10 years of their retirement. At the time that I left as union president, we had four crew members fighting cancer. But we face a risk that's even more dangerous than that.”

In an interview after the meeting, Nicoletta told Firehouse.com that the apology was heard but the mission now is to rally support for funding the department’s immediate and long-term needs.

He said nearly 100 firefighters, both current and retired, helped pack the council chambers, along with family members.

“I think our message was definitely made clear, through our press release, through the media, and definitely made our position on the issue was made clear through our presence there,” Nicoletta told Firehouse.com. “So, I think it's time to get back on track and get back to the real issues.”

Nicoletta said that two firefighters are currently undergoing cancer treatments while still working and another is in remission. “Those are just the ones we know about.”

He said that the firefighter whose cancer is in remission was diagnosed during his fire department physical, speaking to not only the importance of budgeting for physicals but also the long-term cost savings for the city when cancer is detected early.

A second-generation firefighter, Nicoletta  said he’s learned about longevity and health from his father‘s generation and wants to continue to protect the families of his firefighters into the future.

“What concerns me the most is, the people that will not have the opportunity to get in that PFA-free gear. I have 11 years on the department, at least nine left and I'll be able to transition to the safer gear and really limit my exposure, but we have guys that are on the tail end of their career, they won't have the chance to transition into it.”

The city has budgeted $175,000 to begin replacing current turnout gear with PFAS-free gear, Nicoletta said.