By Thomas J. Prohaska
The Buffalo News
LOCKPORT, N.Y. — Michael Collette, the city firefighter suspected of playing an extra in a movie while off the job on disability, resigned Tuesday, the day before a scheduled disciplinary hearing aimed at firing him.
But the city isn’t quite done with him yet.
Mayor Michael W. Tucker said Wednesday that the city wants Collette to pay back the money he received in workers’ compensation benefits while off duty since March 2009.
“We’re certainly interested in getting our money back. We’re going to do what we have to do to get it,” Tucker said.
“A civil action would be the most appropriate,” Deputy Corporation Counsel David E. Blackley said. “If there’s a criminal action, there could be restitution.”
City officials told The Buffalo News three weeks ago that the state Workers’ Compensation Board was preparing to charge Collette with a felony for allegedly defrauding the compensation system by working while on disability.
Tucker said the city was approached two weeks ago by an attorney for Collette with an offer for him to resign in exchange for a reduction in any criminal charge that might be filed.
Tucker said, “I kind of half-listened because I wasn’t interested.” He said there was no quid pro quo connected with the resignation.
The News published photos on its Web site in December showing someone who strongly resembled Collette playing the role of a security guard in the Keanu Reeves movie “Henry’s Crime” as a bank robbery scene was being shot in Buffalo. Two television stations aired video also apparently showing Collette.
Collette, who did not respond to a request for comment Wednesday, never confirmed he was the actor, but in December he did say that his side business, Mac Limousine, was providing transportation services to the filmmakers.
Collette, 45, has been paid $516.50 a week from the city’s self-insurance fund since he went off active duty.
He has said he injured his back moving a box of files in Fire Headquarters in October 2008. After he went off duty, he underwent spinal surgery in September. He sought to come back to work on a light-duty format, but the Lockport Professional Fire Fighters Association contract with the city had no provision for that.
Tucker cut off Collette’s medical benefits in June 2009, asserting the injury was not work-related.
“His medical benefits are done. You can’t take his pension away from him, but he can’t collect it until he’s 62,” Tucker said.
In a June 10 e-mail to The News, Collette wrote, “I was denied the rights given to all other firefighters and police for benefits under provision 207a of the General Municipal Law. In the meantime, I have been portrayed in the media to be someone taking advantage of the system, when all I wanted to do was get back to work.”
The disciplinary hearing was to have started Wednesday. “Our case, in my opinion, was pretty overwhelming,” the mayor said. “The movie stuff was solid, but we had more information than that.”
The Workers’ Compensation Board did not respond to a request for information about any charges against Collette. Niagara County District Attorney Michael J. Violante said he hadn’t heard of any information being presented to a local court, and Lockport City Court officials said they had no file on Collette.
Collette wrote in his June 10 e-mail, “No matter the outcome of the legal proceedings, I love the medical field and want to continue to work. I plan to broaden my training with additional education and work in the medical field in a different capacity. No matter how difficult, I will pursue a second career if I am unable to return to the Fire Department.”
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