the fire lines - august 2007

On August 18th,

Firefighters Joseph

Graffagnino, of

Ladder Company 5, and Robert

Beddia, of Engine Company 24

made the supreme sacrifice while

operating at Manhattan Box 7-7

0047, 130 Liberty Street, also

known as Deutsche Bank.

Firefighter Graffagnino

was an eight-year veteran of the

FDNY, appointed in May 1999.

His Funeral Mass was held on

Thursday, August 23rd, at St.

Ephrem’s Roman Catholic Church

in Brooklyn.

Firefighter Beddia was a

23-year veteran, appointed in

October 1983. His Funeral Mass

was on Friday, August 24th, at St.

Patrick's Cathedral, in Manhattan.

Firefighter Graffagnino and Fire-

fighter Beddia are the 1,136th and

1,137th members of the New York

City Fire Department to make the

ultimate sacrifice in the Depart-

ment's history.

This fire was anything but

ordinary. The Deutsche Bank

building was a toxic vacant hi-rise

structure under demolition. The

Scoppetta administration had no

fire plan and was not conducting

inspections. The media reported

that a 42 foot section of the stand-

pipe was removed in December of

2006. Contractors said they

believed it was part of the sprin-

kler system. Staircases were

sealed, and in some cases

removed, eliminating any means

of egress except an exterior eleva-

tor. Negative air pressure was

being employed for abatement. A

perfect storm was created that

killed two Firefighters and almost

killed another dozen more. Based

on the history of the building, and

knowing that decisions regarding

this building went to the highest

levels of the NYC Fire Depart-

ment, we called on NYS Attorney

General Andrew Cuomo, and

Manhattan District Attorney

VOL. XLIII NO. 3, 2007

OFFICIAL PUBLICATION OF THE

UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORKThe Bravest

President’s MessageBy STEPHEN J. CASSIDY

(Continued on page 2)

5-5-5-5

FF Joseph Graffagnino FF Robert Beddia

Fire Lines NO.3 2007

w w w . u f a n y c . o r g

Robert Morgenthau, to conduct

independent investigations of the

fire and the events that led to the

horrific loss of two of our Broth-

ers. Incredibly, when a section of

pipe fell from Deutsche Bank on

May 17, 2007, and landed on 10

House, Scoppetta’s answer was to

hold a meeting which was attended

by Manhattan Borough Comman-

der Wienline. At no time did any-

one say “maybe we should go

across the street and see what’s

going on.” Why? One thing is

clear; any investigation by the Fire

Department into its own actions

has no merit. Clearly an outside

investigator is needed because

there were so many local and state

agencies involved with the abate-

ment and demolition of the

Deutsche Bank building. Compre-

hensive coverage of the UFA’s

demands is posted on our Web site.

In the direct aftermath of

the tragedy, the Fire Commission-

er made a calculated decision reas-

signing a Captain, a Battalion

Chief, and a Deputy Chief. We

believe that these men are being

made scapegoats for the Depart-

ment's failed leadership at the top.

The UFA has not believed in Com-

missioner Scoppetta since our no-

confidence vote on December 7, of

2004. His tenure at the Fire

Department has been mired in fail-

ures that have affected every Fire-

fighter and Officer. He is an inef-

fective Commissioner who only

knows how to prosecute and not

how to lead. His lifting of three

line Officers without even inter-

viewing them is not surprising.

The UFA has reached out

to the UFOA and we have offered

our support in any manner to

defend these three maligned Offi-

cers. We believe that by all

accounts, the decision not to

inspect 130 Liberty Street

(Deutsche Bank Building) came

from the top. We will demand that

those responsible be held account-

able.

Please notify your trustee if

anyone attempts to interview any

member in connection with the fire

or events that took place leading

up to the fire. UFA Board Mem-

bers are present to protect our

members. No member should

make any statements to anyone

unless a UFA Board Member is

present. As the Manhattan District

Attorney and the New York State

Attorney General's Office continue

their investigations we will keep

the membership updated.

September 11th marked the

6th anniversary of the terrorist

attacks on the World Trade Center.

To commemorate these tragic

events, and to honor the memory

of the 343 Firefighters who made

the supreme sacrifice, members of

Battalion 18 hosted its annual

memorial service at the Firefight-

ers Memorial Monument on River-

side Drive and 100th Street (Upper

West Side of Manhattan). All Fire-

fighters and family members were

invited to attend. A Mass at St.

John the Divine followed.

On Saturday, September

15, 2007, the names of Lt. Howard

Carpluk, E 42, and Firefighter

Michael C. Reilly, E 75, both of

whom made the supreme sacrifice

on August 27, 2006, were added to

the IAFF Fallen Fire Fighter

Memorial in Colorado Springs,

Colorado. Since 1976, the names

of all fallen IAFF members have

been engraved into the wall of

honor located behind the memori-

al.

The Health Benefits Trans-

fer Period (for active members

only this year) begins November 1,

2007, and ends November 30,

2007. Late changes will not beaccepted by the City! Health plan

changes requested during the

Transfer Period will be effective

the first day of the first full payroll

period in January 2008. During

the annual Transfer Period mem-

bers may transfer into any health

plan offered for which they may be

eligible, add or drop optional rider

coverage, or add or drop depend-

ents.

We will continue to post

updates regarding the Deutsche

Bank fire on our Web site. As

always, stay safe!

President’s Message(Continued from page 1)

On August

2 8 t h ,

G o v e r -

nor Spitzer

s i g n e d

S2414/A4529,

Ch. 637 of 2007.

This bill grants

pension credit

for members

who served in

various uniformed titles and/or

titles with Peace Officer status prior

to gaining employment with the

FDNY. The time served in previous

positions will be credited toward

the minimum period for service

retirement from the FDNY.

Although similar legislation was

already in place, any member that

transferred their time over before it

was passed has it counted on the

back end. With the signing of this

bill it will be credited as a buyback

and counted up front for pension

purposes only. The UFA would like

to thank Governor Spitzer, Assem-

blyman Abbate, and Senator Pada-

van, for signing and sponsoring this

legislation. Additionally a big thank

you to all the members that partici-

pated in UFA Lobby Day helping to

push for this bill. UFA Lobby Day

is tentatively set for June 10th next

year (2008). Mark your calendars.

UFA lobbying efforts have also

been successful in achieving the

following legislative goals, which

were signed into law by Governor

Spitzer:

WTC Notice of Participation

Form Filing Deadline Extended 2

Years

Extended to June 14, 2009,

the period in which members may

file the WTC Notice of Participa-

tion Form, if they were active on

September 11, 2001, and worked at

the WTC, Fresh Kills Landfill,

NYC Morgue, or WTC Barges, in

accordance with definitions estab-

lished in the WTC Presumptive Ill-

ness Law. If a member missed the

original deadline, the form may be

found at the UFA Web site

www.ufanyc.org. It is recom-

mended to send this form via certi-

fied USPS mail, return receipt. To

confirm that HQ has received your

form or for any questions, contact

718-999-7041 or 718-999-0148.

WTC Workers Comp Filing

Extended 1 Year

Extended to Aug. 14, 2008,

the period in which members who

were retired prior to September 11,

2001, and volunteered at ground

zero can register with the State

Workers' Compensation Board,

even if the member is not ill.

Because some illnesses take many

years to develop, state laws give

these retired members the chance to

register with the board to preserve

their right to file claims if they

become ill in the future. Registra-

tion forms are available at the Web

sites of the Workers' Compensation

Fire LinesNO.3 2007


By JAMES SLEVIN

UFA Vice President/

Legislative Chairman

Legislative Update

Governor Spitzer Signs Prior Service Credit &

WTC Filing Extender

(Continued on page 4)



Board, www.wcb.state.ny.us, the

Committee for Occupational Safety

and Health, www.nycosh.org, or

the UFA Web site home page

www.ufanyc.org.

Amendment of the General

Municipal Law, as it Relates to

Accidental Death Benefits Under

the WTC Presumptive BillThis amends the existing

law by correcting a technical defi-

ciency for the accidental death ben-

efits to the beneficiaries of WTC

responders who, in the performance

and discharge of their duty, were

exposed to toxic substances as a

result of the terrorist attacks of 9-11

and subsequently lost their life.

Current law, Chapter 445 of 2006,

only provides the accidental death

benefit provided by NYC, and does

not provide the benefit paid by

NYS. This bill corrects that techni-

cality.

PERB EXTENDER

Extends for an additional two years

the effectiveness of provisions

establishing dispute resolution dur-

ing collective negotiations.

GENERAL BENEFITS EXTEN-

DER

Extends certain temporary benefits

and supplementation programs.

Heart Bill, Cancer Bill, HAT Bill

and ITHP.

TIER II PENSION EXTENDER

Extends application of article 11 of

the retirement and social security

law to all police officers and Fire-

fighters who joined the system

before July 1, 2009

LINE OF DUTY WIDOWS

COLA

Increases certain special accidental

death benefits for surviving spouses

and children of certain police and

fire personnel.

The 2008 UFA Legislative

Agenda will soon be available for

download on the UFA Web site,

www.ufanyc.org, under the “Leg-

islative” section. All of the state

legislators are up for re-election in

2008! The UFA will be leveraging

that so that we can push for some

landmark legislation for our mem-

bers. Thank you to all our members

that get involved with the political

action program.

IMPORTANT RETIREE

UPDATE

The benefit amount of your Fire

Department Life Insurance has

been increased from $5,800 to

$6,000 effective July 1, 2007. Your

premium deduction of $9.00 will

remain the same.

(Continued from page 3)

Fire LinesNO.3 2007


DEUTSCHE BANK FIRE INTERVIEWS

There are

s e v e r a l

simultane-

ous investigations

proceeding as a

result of the fatal

fire at the

Deutsche Bank

building on August

18, 2007. The Fire

Department Safety

Battalion and the Bureau of Fire

Investigations are conducting sepa-

rate inquiries. We also know that

the Manhattan District Attorney's

Office and the New York State

Attorney General's Office are

launching investigations. We also

believe that an investigation may be

started by the N.Y.P.D. Further-

more, both NIOSH and PESH

always investigate fatal fires.

In addition, members who

are asked to give interviews or

statements about their knowledge

of the fire or the conditions in the

fire building before the fire should

be aware of their rights. Our coun-

sel advises:

1. Pursuant to the Individual

Rights’ provision under the Collec-

tive Bargaining Agreement, duly

authorized representatives of the

Fire Department (which would

include the Safety Battalion and

BFI) may interview members “dur-

ing reasonable hours.”

If a member is off-duty and

a witness, he is to be compensated

for the time spent and two hours of

travel time at the rate of time and

one-half. In the unlikely event that

any off-duty member is the subject

of an investigation, he is to be com-

pensated for the time spent and two

hours travel time at a straight time

rate. Before an interview com-

mences, the member must be

advised as to whether he is a wit-

ness or a suspect (subject).

If a member is a witness

only (as we anticipate for all inter-

views), the Department has always

permitted union representation at

the interviews. No member should

consent to an interview in connec-

tion with the Deutsche Bank fire

without first notifying the union.If a member is a suspect

(subject), he still must answer ques-tions relating to the performance ofhis duties and is entitled to have anattorney with him. Certainly if amember is advised that he is a sus-pect (subject), he must ask for anattorney before consenting to aninterview.

2.With respect to interviewsby the District Attorney’s Office,the Office of the Attorney General,or the NYPD, no member is obli-gated to speak to any of those agen-cies. However, at least with respectto the District Attorney’s Office andthe Attorney General’s Office, theUFA recommends cooperation withthose agencies. Before any memberis interviewed by one of the aboveagencies, however, he should ask tohave an attorney present to makesure that his rights are properly pro-tected.

We urge any member who isasked to give an interview to ANY-BODY to call their UFA Trustee orthe Health & Safety Office beforeagreeing to the interview”.

September 11th marked the 6th anniversary of the terrorist attacks on the World Trade Center. To commemorate these

tragic events, and to honor the memory of the 343 Firefighters who made the supreme sacrifice, members of Battalion

18 hosted its annual memorial service at the Firefighters Memorial Monument on Riverside Drive and 100th Street

(Upper West Side of Manhattan). All Firefighters and family members were invited to attend.

PHOTO CREDITS: Stephen N. Symbolik

William Romaka

Health & Safety

Officer



PHOTO TRIBUTE TOFF JOSEPH GRAFFAGNINO

Firefighters Variable Supplemental Fund (VSF) Information for

Members who Retired with 20 Years Service Retirement

As you

a r e

aware

, the Variable Supplemental Fund

(VSF) which was negotiated in the

1987-1990 UFA contract and which

provides a guaranteed level of supple-

mental benefits to Firefighters who

retire (or have retired) for service

retirement with at least 20 years of

service.

This year, the benefit will be

$12,000, which is the maximum pay-

ment. The UFA is currently evaluating

the status of funds that are available in

the plan. Our goal and objective will

be to improve the benefit payout

prospectively.

In the past, the State Legisla-

ture, in recognition of inflation, has

increased retirement benefits to

retirees in the Article 1-B system. Any

increase in supplementation benefits or

cost-of-living adjustments (COLA)

payable from the Fund, under legisla-

tion enacted after 1988, has reduced

benefits payable until the later of, (a)

age 62, or (b) calendar year 2007.

This provision allows that all

members aged 62 who retired for serv-

ice will receive the full $12,000 bene-

fit with no COLA offset on or about

December 15, 2007. We will notify our

retired members if any changes or

improvements occur with the plan in

calendar year 2008.

by James M. Slevin

Vice President

(right) Thousands of

Firefighters stand at

attention as FF

Graffagnino’s cas-

ket passes in honor

to the cemetery.

(left) FF

Graffagnino’s cas-

ket being taken into

St. Ephrem’s

Roman Catholic

Church in Brooklyn.

Firefighters, digni-

taries, and citizens

crowded the streets

to pay their

respects.

(above) Pallbearers from

Engine Company 5 take

FF Graffagnino’s casket

from St. Ephrem’s

Church after the funeral

Mass.

PHOTO CREDITS: Todd Maisel

Fire LinesNO.3 2007


(above) Clergy, dignitaries, and

thousands of Firefighters and

citizens watch as FF Beddia’s

casket is placed on the Engine

24 in front of St. Patrick’s

Cathedral.

(right) Pallbearers from

Engine Company 24 take FF

Bedia’s casket from St.

Patrick’s Cathedral after the

funeral Mass.

(right) After the

funeral, FF Beddia’s

casket processes up

5th Avenue past

Rockefeller Center.

PHOTO TRIBUTE TO FF ROBERT BEDDIA

PH

OT

O C

RE

DIT

S:

Todd M

aise

l

UFA SUPPORTS LABOR DAY RALLY

Stephen J. Cassidy, UFA Presi-dent, along with James MSlevin, UFA Vice President,

and John G. Kelly, Jr, UFA Brook-lyn Trustee, joined union workers,and elected officials, including Sen-ator Hillary Rodham Clinton, nearthe former World Trade Center siteon September 8th in support of fed-eral legislation that would providelong-term monitoring and treatmentfor people exposed to dust in Lower

Manhattan during the 9/11 cleanup.The rally was sponsored by

the NYC Central Labor Council,the NYS AFL-CIO, and the Build-ing & Construction Trades Council.Representatives Carolyn B. Mal-oney, Jerrold L. Nadler, and VitoFossella, sponsored the bill whichwas introduced in the House onSeptember 11, 2007. This new billtakes elements from several billsthat have failed to get through Con-gress.

To better understand the

magnitude of ground zero-relatedillnesses, the bill would require thegovernment to collect data andmonitor rescue and office workers,and others who were in LowerManhattan on September 11th.Compensation would also be pro-vided to anyone exposed toasbestos and other contaminateddust.

City Council speaker, Chris-tine C. Quinn, said she would makethe legislation “the top priority”when she visits Washington thismonth.

by Stephen N. Symbolik

Managing Editor

PH

OT

OC

RE

DIT

: S

tephen

N.

Sym

boli

k

Since itsinceptionin 2002,

the UFA LineOf Duty(LOD) FuneralFund has beenour members’

unique way of repaying thekindness and support extendedto us in the days, weeks, andmonths, after September 11,2001, when Firefighters fromall over the country floodedinto New York City, eager tohelp in any way they could. Atthat time, the most immediateneed was to have as many uni-formed personnel as possiblefilling the houses of worshipand lining streets—with somany funerals to attend, thiswas impossible for the FDNYto do without help. So far thisyear, the LOD Fund has sentover 100 members to funeralsin eleven cities.

The UFA Funeral FundCommittee is made up ofmembers representing eachcity borough and chaired byUFA Executive Board mem-ber, Queens Trustee SteveHumenesky. The current bor-ough representatives are: PaulDeLeo (L-41, Bronx); EdwardLawler (L-140, Queens); JoeCicero (E-167, Staten Island);Sal Argano (E-10, Manhattan)and Michael Bacigalupo, Bat-talion 42, Brooklyn). AnnElizabeth serves as LOD FundAdministrator.

The UFA LOD FuneralFund has evolved a great dealand has gone through manychanges over the past fiveyears--not only has the num-ber of attending UFA membersgrown from two members

(from one firehouse) to sixmembers (two members fromthree firehouses at a time), butthe scope of the LOD Fund hasexpanded to now assist ourmembers when we suffer aloss of our own. This article isintended to provide updates onsome changes to the LODFund operation as well as toaddress some commonlyasked questions.

How are members chosen toattend the funerals?

Members are calledupon to attend according to afirehouse attendance schedule,which was established toensure every company gets achance to represent the UFAand minimize the confusionand volume of inquiry callswhen an out-of-town funeraloccurs.

The schedule is orderednumerically within each bor-ough (as opposed to beingordered by battalion), startingwith the lowest-numberedengine company and workingupwards numerically, includ-ing single truck companies,with special units at the end.The Fund Administrator workswith the Delegates of compa-nies next on the schedule todetermine attendees within thefirehouse. The firehousesrotate through the five bor-oughs according to an orderrandomly chosen by the LODFund’s governing committee.At this time, all companies in Staten Island have attended,therefore that borough is cur-rently out of rotation.

If I’m scheduled to work butam otherwise available to gowhen my firehouse is up, canI get taken off the chart?

Unfortunately, theFDNY does not formally rec-ognize this gesture of grati-tude, and therefore has thus farbeen unwilling to take mem-bers off-line or provide anyassistance to our Firefightersattending out of town funerals.UFA members created, fund,and participate in this ongoingshow of respect on their owntime and at their own expenseas a membership, without co-operation from the Depart-ment or the City.

When I attend an out oftown funeral, what am Iexpected to do?

In general, and depend-ing on distance, the funeral tripspans the better part of threedays and two nights. Travelarrangements for funeral tripsare made by the LOD FundAdministrator and include air-line, car rental, and hotel reser-vations, which are paid forahead of time by the UFALOD Funeral Fund. Due totime constraints of the event,arrangements are made on agroup-basis and therefore spe-cial requests (for example,specific, more convenient air-ports, etc.) cannot be accom-modated. Flight times andreservation codes, confirma-tion numbers, funeral locationand other pertinent informa-tion as well as, whenever pos-sible, a contact name and num-ber from the deceased member’sIAFF Local are all put onto an itiner-



UFA LINE-OF-DUTY FUNERAL FUND UPDATE

Continued on page 11

by Stephen G. Humenesky

Queens Trustee

Fire LinesNO.3 2007


2nd ANNUAL FILL-THE - BOOT CAMPAIGN FOR MDA

Over the

Labor Day

w e e k e n d ,

during the 42nd

Annual MDA

Telethon, Septem-

ber 2-3, 2007,

thanks to the

support of the

UFA & UFOA, I was able to give a

check in the amount of $22,000 to

the Muscular Dystrophy Associa-

tion. The money was raised

through the 2nd Annual “Fill-the-

Boot” campaign. Since 1954,

Firefighters throughout the coun-

try have raised millions of dollars

in the fight against muscular dys-

trophy by asking people to donate

spare change into their boots.

The International Associa-

tion of Fire Fighters (IAFF) was

the largest contributor to the Mus-

cular Dystrophy Association,

donating a record breaking $25.25

million in pledges. With this year’s

total, IAFF members have donated

more than $300 million to MDA

since 1954.

The IAFF General Presi-

dent Harold Schaitberger appeared

throughout the telethon lauding

Firefighters for their commitment

to the “Fill-the-Boot” drives for

Jerry’s Kids.

Telethon host Jerry Lewis

said, “I’m deeply grateful to the

Firefighters for their incredible

effort to raise money for MDA’s

ongoing battle against muscular

dystrophy.”

All money raised for MDA

in New York City will stay right

here, funding research and provid-

ing services to New Yorkers with

muscular dystrophy, including the

relatives and children of many of

our own members.

By Daniel Murphy

Manhattan Trustee

By Herb Eysser, UFA StaffEngine Company 17 was a

mainstay on the Lower East Side of

Manhattan for over 125 years.

Known for their dedication to duty,

Engine Company 17 was an out-

standing example of the FDNY

“can do” attitude. Fire…they did

not fear!

E n g i n e

Company 17 was

one of the original

FDNY units that

was organized

when the fire

department went

paid in 1865. It

went into service

in a former volun-

teer fire depart-

ment house at 91

Ludlow Street just south of

Delancey Street. The old building

still stands today.

For twenty-two years, from

1917 to 1939, Engine Company 17

was a double-engine company with

two sections. It was always an

extremely busy engine company

with a very heavy workload. Who

could forget boxes 277, 291, or

432! Yet, in 1991, the company was

closed down which was a major tac-

tical error on the part of City Hall

and Fire Headquarters. One of many!

Engine Company 17 is one of

twelve engine companies closed

down from the Battery to 14th

Street over the years. Many of

these twelve engine companies

were double-engine companies

with second sections. The closing

of all engine companies south of

14th Street has had a serious nega-

tive impact on all of Lower Manhat-

tan.

Ironically, as more and more

people moved in, fire companies

were moved out by the city. All

would have

responded to the

recent Deutsche

Bank building

tragedy if they

were still in

service. Engine

companies 11,

12, 13, 17, 20,

25, 27, 29, 30,

31, 32 and 72,

were all sorely

missed on

August 18th when Engine 24 and

Ladder 5 lost two more of its mem-

bers, Lt. Joseph Graffagnino and

Firefighter Robert Beddia. Gone

but not forgotten!



GONE BUT NOT FORGOTTEN

204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998Tel (212) 683-4832 • Fax (212) 683-0710

www.ufanyc.org

DONALD RULANDTrustee-Staten Island ENG 157

JOHN G. KELLY, JRTrustee-Brooklyn ENG 201Chairman, Board of Trustees

STEPHEN G. HUMENESKYTrustee-Queens ENG 301

DANIEL MURPHYTrustee-Manhattan ENG 74

EDWARD BROWNTrustee-Bronx LAD 48

STEPHEN J. CASSIDYEditor-In-Chief

STEPHEN N. SYMBOLIKManaging Editor

STEPHEN J. CASSIDYPresident ENG 236

Uniformed Firefighters AssociationOf Greater New York

JAMES M. SLEVINVice President LAD 7

JOSEPH MICCIORecording Secretary ENG 295

ROBERT STRAUBTreasurer ENG 45

WILLIAM ROMAKAHealth & Safety Officer ENG 238Sergeant-at-Arms

LESTER LAYNEFire Marshal Representative BF1


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the fire lines - august 2007

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