Fire Dept. policies again fall short

10/16/2007

William Kaempffer , Register Staff

NEW HAVEN — Promotional practices in the city Fire Department were again judged by the state Supreme Court and were, again, found wanting. On Monday, the state’s high court upheld a lower court’s ruling that the city and fire union in 2005 violated a judicial decree that all fire department promotions be overseen and approved by a court-appointed "special master" to ensure they comply with the law.

It’s the second high court ruling against the city stemming from a 1998 promotional lawsuit and the plaintiffs’ attorney, W. Martyn Philpot Jr,. said signs are it is heading back a third time as the city appeals another finding in the complicated, years-long fight.

"The city shows no signs of being inclined to settle any of this," despite losing twice at the state Supreme Court and mounting legal fees and interest from a half million dollar award. He said some finality in ongoing litigation would be in everyone’s interest, not the least of which are New Haven’s taxpayers.

The Supreme Court decision, released Monday, had none of the fireworks of earlier judicial intervention that over the past two decades has turned the department upside down with forced demotions and repeated scathing rebukes from judges over the city’s illegal practices.

While the High Court engaged in no such strong language, it referenced the checkered history and Philpot described the court’s buttress of the trial court’s oversight of promotional practices as a "blow for justice."

In 2002, a Superior Court judge ruled in favor of six black firefighters who claimed the city engaged in illegal promotions and found the city illegally manipulated its own civil service regulations. She ordered a "special master" to oversee future promotions. That original ruling was appealed and upheld by the high court.

Monday’s decision dealt with a more technical issue: Do the fire union’s collective bargaining rights to settle grievances under state statute supersede that 2002 court order that the special master oversee all promotions?

In hearing before the court in April, a union attorney argued, "Yes." On Monday, the court ruled, "No."

The question arose after the city and Fire Union Local 825 reached an agreement to return firefighter Marvin Bell to the position of fire inspector in the Fire Marshal’s office. Bell had held that position until July 2003 when he was transferred back to the suppression division when the department eliminated his position as part of a force reduction.

In December 2004, a retirement opened a fire inspector spot and Local 825 filed a grievance seeking to place Bell in that spot. In January 2005, an agreement was reached, without notice to the special master, placing Bell in the position.

After the fact, the city sought approval from the special master, who concluded the appointment, which included a pay raise and a better work schedule, amounted to a promotion that fell under his purview and refused to approve it because Bell, though he previously held the job and was qualified to do the work, wasn’t advanced from a valid civil service list.

The court adopted his position and an appeal led back to the Supreme Court.

"It’s unfortunate, the situation with Marvin Bell," said fire union President Patrick Egan. "After what we felt was his job being wrongly eliminated, we’re able to get him reinstalled into that position. It’s an injustice that that has been undone."

Contacted Monday, city Chief Administrative Officer Rob Smuts, who oversees the Fire Department, said he hadn’t read the decision and he didn’t return a subsequent call seeking comment later in the day.