The New York State Appellate Division, Third Department today issued a unanimous decision in favor of Ogdensburg’s Firefighters in which it directed the City to ensure that a minimum of five firefighters are on duty for each shift.
The decision by the five judge panel reverses a lower court ruling, and states:
“Although the provisions at issue here do not expressly mention safety as a reason for the minimum staffing requirements the safety considerations are self-evident from the nature of the work performed – the quintessentially dangerous task of addressing conflagrations that from time to time beset the community. It goes without saying that, in such situations, having adequate personnel on hand would be essential to ensure firefighters safety as well success in fighting the fires.”
Jason Bouchard, President of the firefighters union (IAFF-1799) said: “The court could not have been more clear – the safety of the community and safety of its firefighters stem from minimum staffing levels.”
National Fire Protection Association standards call for a minimum crew of five (two interior and three exterior) to enter a burning structure.
Ogdensburg’s firefighters are members of the New York State Professional Fire Fighters Association (NYSPFFA). Sam Fresina, President of NYSPFFA said: “This decision provides a blanket of protection for the community and ensures that firefighters in Ogdensburg and in cities and villages across the state are not subject to the bluster of an uninformed city manager. To the contrary, a well-informed appellate court reviewed the facts of the case and made a unanimous decision and sent a strong message. It is illegal to discard and ignore the terms of binding contract and provisions that are inextricably linked to public and firefighters safety.”
The firefighters are being represented in the Appellate Division, Third Judicial Department by Syracuse-based attorney Nathaniel Lambright.