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N.Y. fire chief stands by 5-firefighter minimum as city cuts staffing

Ogdensburg’s fire chief says five firefighters are needed per shift as the city moves to allow staffing to fall to four when two members are on vacation

N.Y. fire chief stands by 5-firefighter minimum as city cuts staffing.jpg

Ogdensburg Professional Firefighters Local 1799/Facebook

By Matt Curatolo
Watertown Daily Times

OGDENSBURG, N.Y. — With minimum staffing at the Ogdensburg Fire Department being dropped to four when two firefighters on a shift are on vacation, the fire chief told the City Council that his stance continues to be that five firefighters are needed on a shift.

Minimum staffing was a popular topic at Monday night’s City Council meeting where representatives from the New York State Professional Firefighters Association and Ogdensburg Professional Firefighters Local 1799 spoke out against a new staffing measure that the city implemented. That new measure means that when two firefighters, out of a six-man shift, are on vacation at the same time, the department would no longer bring in firefighters on overtime to fill the vacancies, saving the city on overtime costs.

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Local 1799 has filed an improper practice charge against the city with the state Public Employment Relations Board (PERB), alleging the city has once again violated the minimum staffing provisions of its collective bargaining agreement.

Capt. Scott McCormick, vice president of Local 1799, asked the City Council whether it will continue to honor minimum staffing requirements that were “put in place for one reason and one reason only — to keep firefighters and the public safe when the worst happens.”

“Having adequate personnel on hand would essentially ensure firefighting safety as well as success in fighting fires. This quote from the unanimous January 13, 2022, New York State Supreme Court, Third Appellate Division ruling, clearly states that five-member daily minimum staffing requirements are built upon exactly for the safety of firefighters,” McCormick said.

He asked the City Council to seek Fire Chief Kenneth Stull’s opinion on the matter.

“Why not just ask the fire chief for his input on the matter? Why not seek out the answer to the question that is plaguing all of us and should be plaguing all of you? Is this actually safe?” McCormick asked.

Later in the meeting, Chief Stull told the public and City Council that his stance on minimum staffing is five firefighters on duty during a shift.

“For the record, my stance on minimum staffing has been five,” said Stull, “That hasn’t changed, that hasn’t waivered. Council, city manager and the union are all aware of that. All I can do is give my recommendation to assist with the decision-making process. It is my obligation to ensure the safety of the firefighters and the citizens while providing the best service to the City of Ogdensburg. I am responsible to do so with whatever resources that are provided to me.”

The fire chief said that he is essentially the “middle man” between the firefighters, the union and the city administration.

“I will not allow myself to become a public pawn or a scapegoat. I will not be bullied into changing my opinion on my staffing levels nor will I be bullied into going against my supervisor. What I will do is continue to lead this department while providing the highest level of safety and service to all with the means I have been given,” Stull said.

Dan Daugherty, second district vice president for New York State Professional Firefighters Association, who is also a firefighter in Watertown, discussed the OSHA regulation of two-in, two-out, which means that for every two firefighters who go into a fire, two firefighters will be outside.

Daugherty said he was handed an Ogdensburg Fire Department standard operating procedure, or SOP, that stated that when four firefighters are on duty, “that you’ll just stay outside unless there is a clear life hazard.”

Stull told City Council that the SOP wasn’t new, but has been the practice for decades when staffing is below five.

“I put it into writing to prepare, to establish my expectations for firefighters, tactics when staffing are below what I believe is necessary to follow OSHA 1910. This SOP, which was previously not in writing, has always been the standard we have followed all of my career,” he said.

Eddie Santiago, secretary-treasurer for the New York State Professional Firefighters, said that it’s always “public safety above all else.”

“Our members get up every day and go to work to face any challenge, from dangerous structural fires to auto accidents and medical emergencies. They put their lives on the line and risk physical harm to themselves to help other citizens in the most vulnerable moments,” Santiago said. “Our members face physical, mental, and emotional stress from the situations they face on the job and they are being asked to do more with less.”

Santiago said he wanted to set the record straight regarding the Taylor Law and an amendment regarding expired contract statutes.

“It is common knowledge in New York that the amendment to the Taylor Law makes it illegal for public employees to change the terms and conditions of an expired collective bargaining agreement until a new contract is negotiated. It is simple, uncomplicated, and it’s the law,” Santiago said, adding that he believes the City Council is receiving “bad advice” from their attorneys.

Santiago said that they are “ready to come to the bargaining table and we ask that you do the same.”

City Manager Fonda Chronis said that his door would be open Tuesday morning if the union was interested in renewing contract negotiations.

“I’ll clear my schedule,” Chronis said.

The city manager said that the city’s view is about outdated contract language and not public safety.

“This is about outdated contract language that generates unnecessary overtime year after year after year,” Chronis said. “The city is no longer obligated to bring in a fifth firefighter when there are only four on shift. Going forward, this is what the policy will be. Every shift has six firefighters assigned to it. When one firefighter is off on vacation, that leaves five to fill the shifts. We will staff with five. When there are two firefighters on vacation at the same time, that will leave four, and we will staff with four.”

The fix is an easy one, according to the city manager, and that is limited it to one firefighter on vacation in each shift, something he says the union proposed in 2020.

“Why is the union’s own 2020 solution no longer acceptable in 2026? The city is not contemplating layoffs or staffing cuts. There’s no cuts to vacation. Every firefighter still gets two cycles of 28-day vacations,” Chronis said. “The city is simply trying to preserve that benefit and the services that go along with it without costing taxpayers a quarter of a million dollars every year. Firefighters can keep their vacation, taxpayers can save a quarter of a million dollars, and we can still have five on a shift.”

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