By Alexander MacInnes
Herald News
Copyright 2007 North Jersey Media Group Inc.,
All Rights Reserved
PATERSON, N.J. — One of the city’s highest-ranking black firefighters may lose his job for speaking out against fire Chief Michael Postorino and Mayor Jose “Joey” Torres , the city’s acting fire director.
Last month, fire Capt. Andrew Selby - who is already suing the city for racial discrimination in the Paterson Fire Department - called for a federal probe into minority treatment and blasted Postorino and Torres at a City Council meeting. Selby now faces termination, because of that, according to the disciplinary notice, a copy of which was obtained by the Herald News.
Torres, who signed the notice, cited misconduct, insubordination and conduct unbecoming an officer - specifically making statements “contrary to the good order, health and safety of the (Paterson) residents” - as reasons to fire Selby.
Selby, who is on medical leave from the department, did not return phone calls Wednesday. His attorney, Mark Frost, called the city’s latest move one more act of retaliation against outspoken minority firefighters - similar to other measures that led Selby and three other firefighters to file a lawsuit last year.
“This is a retaliatory action by the city and by the chief for those comments made in a public forum,” Frost said. “I think they have a right to speak out on matters of public concern and that’s what Selby did.”
Torres said firefighters can file a grievance under civil service regulations, but Selby aired his complaints in public.
“He has chosen to make it political,” Torres said.
At Tuesday’s City Council meeting, Linda Smith, president of the Paterson branch of the National Association for the Advancement of Colored People, lashed out against Fire Department officials.
“You are not going to destroy the brothers of this city,” Smith said.
The City Council will hold a special meeting with Postorino in reaction to the latest controversy. Council President Ken Morris Jr. said Wednesday he was concerned that minorities were being treated unfairly. “There seems to be a lack of clarity of the policy and what type of discipline is meted out from those policies,” Morris said.
Selby is being disciplined because of the speech he made at a March 13 council meeting, according to the disciplinary notice.
Clad in his dress uniform, Selby told the council of what he called the illegal termination of former firefighter Michael Walker, who died in early March.
Walker, along with fire dispatchers General McFadden Jr. and Marilyn Watkins, joined Selby in last year’s discrimination lawsuit, which is pending in state Superior Court.
Walker was treated harshly when his pension and medical benefits were taken away upon his termination, according to Selby and Chauncey Brown, another black fire captain.
“This man died without a pension,” Selby said before the council in March. “This man died without pay. The next question is: Why was this man illegally terminated?”
Fearing future retribution from fire officials, Selby asked for protection under a law commonly known as the Whistleblower Act, which prohibits retaliation against public employees who report official wrongdoing.
Bill Filipelli, president of the Paterson Firefighters Association, could not be reached Wednesday. Brian Burns, a captain who represents that rank in the union, also could not be reached. Neither was on duty Wednesday.
Camden fire Deputy Chief Kevin Hailey, a member of the Brotherhood of United Firefighters, a fraternal organization of minority firefighters in Camden, said firing Selby is extreme for talking in public.
“You go right for termination as corrective action?” Hailey said. “That’s what discipline is, it’s suppose to be a corrective action. Unfortunately, they use it as punishment and they are trying to make it corporal punishment.”