NY Fire Chief Files New Lawsuit Over Sept. 11-Related Illnesses
Utica Fire Chief Russell Brooks says he has chronic lymphocytic leukemia as a result of his helping with the FDNY recovery effort.
GREG MASON
SEPTEMBER 14, 2018
OBSERVER-DISPATCH, UTICA, N.Y.
WUTR ABC
Sept. 14--UTICA -- The ongoing dispute involving Utica fire Chief Russell Brooks and his health started more than a year ago with an application.
Citing his diagnosis for chronic lymphocytic leukemia, which he says resulted from responding to New York City to support 9/11 recovery efforts, Brooks applied for benefits outlined under General Municipal Law 207-a. The law entitles firefighters to medical or hospital expenses as a result of on-duty injuries or illnesses.
Mayor Robert Palmieri -- the city's public safety commissioner -- denied Brooks' request, however, leading to a number of public spats and several court appearances ever since. The mayor also placed Brooks on paid, indeterminate, nondisciplinary leave the same day his 207-a application was rejected.
Brooks sought arbitration to appeal the city's denial, and in the time since, the status of that appeal for 207-a benefits was unresolved -- until about a month ago.
Brooks decided to withdraw his 207-a appeal in July. Though he sought to withdraw the appeal without prejudice, an arbitrator last month ultimately decided to dismiss the matter with prejudice, meaning the file cannot be reopened and the case is closed.
"For almost one full year, there were many aborted attempts at scheduling and many opportunities given to (Chief) Brooks to move forward on the 207-a appeal," said Judith La Manna, the arbitrator assigned to adjudicate Brooks' case, in a letter to attorneys Aug. 14. "It is now safe to conclude that (Chief) Brooks has responded. His silence in light of full representation by counsel affirms that he has no intention to pursue this 207-a appeal. The matter is ended."
Armond Festine, assistant corporation counsel for the city, said the city maintains there is no evidence of a causal relationship between Brooks' diagnosis and his efforts in 2001.
"We were prepared at all times to go forward," Festine said of the arbitration proceeding, "but at the end of the day, Chief Brooks made it clear to the arbitrator after being given many opportunities to make his case, that he was not ready to move forward."
Brooks withdrew his 207-a appeal because he decided to solely pursue acknowledgement from the city for benefits under a different, newer section of the law, said his attorney Earl Redding. Redding said he plans to file another court action soon.
General Municipal Law 92-d outlines benefits specifically for responders affected by health conditions related to 9/11 recovery efforts. Brooks is enrolled in the federal World Trade Center Health Program, which has recognized his condition as certified World Trade Center-related illnesses.
Brooks submitted a 92-d application to the city in April, which was denied a few months later. Throughout the process, the city has cited opinions from medical experts to support its opinions on Brooks' health.
The fire chief thought he had submitted a 92-d request in September 2017 that he claimed the city denied, though a state Supreme Court judge determined it was not a formal application. In making his determination earlier this year, Judge Patrick MacRae said he "didn't put much stock in the experts the city relied on" as he felt Brooks' request then was premature.
Redding cited MacRae's words Thursday.
"Everyone I've ever talked to besides the city has said it seems the chief is entitled to (benefits)," he said. "The World Trade Center Health Organization has subsequently said he developed these conditions and he should be designated as such."
With legal action pending, Brooks' pursuit stands to continue even after his retirement.
The fire chief turned 70 Thursday, reaching the mandatory retirement age required by the New York State and Local Retirement System. He has been on terminal leave since the start of the month, which occurs 30 days ahead of an individual's retirement. Festine, nevertheless, said the chief has submitted retirement paperwork effective Sept. 29.
Retired fire Capt. James Barefoot is serving as the fire department's interim chief on the mayor's appointment.
Throughout the dispute, Brooks has said he has only sought acknowledgement from the city that he is entitled to 92-d status. He and his attorney have said the fire chief does not stand to gain financially from the benefits.
"I am eternally grateful to the people of the city for allowing me to have this position for the last 43 and a half years," Brooks said Thursday. "I'm not suing the city. This lawsuit, I don't stand to gain one cent. This isn't about money."
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