Union president suspended without pay for comments to reporters and in a public meeting. Action against Johnson City, New York’s Captain Marty Meaney divides city leaders.

Photo by Eric Reinagel at pressconnects.com

Article by Eric Reinagel at pressconnects.com:

A village trustee who serves on the public safety fire committee is upset Mayor Dennis Hannon didn’t discuss the 30-day suspension of Fire Capt. Marty Meaney with him.

“Typically, you would think a board, a governing body, would all be aware of what’s going on,” said Johnson City Trustee Bruce King. “(Meaney) could lose his job over it.”

Meaney, who is president of Johnson City Professional Firefighters Local 921, received a letter dated Dec. 2, and signed by Hannon, explaining he was being suspended for 30 days without pay, or until a ruling is made by a hearing officer on four charges alleging “misconduct.” Fire Chief Stephen Hrustich was listed as having received a copy of the letter.

King said the first time he heard about the charges against Meaney was when they were posted on pressconnects.com earlier this week.

Mayor Dennis Hannon said, no offense to King, but “I don’t need Trustee King’s permission to take a personnel action.”

“Under village law, the mayor is supervisor of all village employees,” said Hannon, who served as a former village police chief.

Generally, he said disciplinary matters are handled by a department head with the mayor’s oversight.

According to Article 16.1 of the “Rules and Regulations for the Government of the Fire Department,” which were adopted by the village in July 1996, charges against any member of the fire department below the rank of chief “will be prepared by the chief of fire and will be immediately forwarded to the governing body. Such charges will be in writing and signed by the chief of fire.”

It also states: “In the event that the Mayor or any board member prefers charges against any department member, the mayor or board member preferring the charges will not vote in any hearing on the charges.”

Recent suspensions of firefighters have been handled in a variety of ways.

Earlier this year, under former Mayor Harry Lewis, two firefighters were suspended with a board of trustees’ vote on the issue at a public meeting. The board, however, did not name the firefighters.

In 2008, former Johnson City Fire Chief Henry Michalovic was suspended for 30 days after Hannon publicly accused an unnamed “high-ranking official” of receiving more than $10,000 he was not entitled to. At the time, Lewis suspended Michalovic, who later retired.

In yet another case, in 2007, Michalovic handled the suspension of a firefighter who showed up for work naked. The firefighter eventually retired.

Local 921 Attorney Eugene D. Faughnan said Meaney has demanded a hearing, but has made no requests regarding the hearing being open or closed to the public.

In addition to alleging he was disrespectful and impolite, the charges against Meaney cite insubordination, conduct that reflects unfavorably on the fire department and governing body, and unauthorized communications about fire department plans, policies and affairs.

According to Faughnan, not only is Meaney allowed to comment, but his position in the union gives him additional latitude.

“Marty is a union president which gives him heightened protection and the matters of which he spoke were of a collective nature in that they involved the safety of the firefighters and the community,” said Faughnan. “There has been no issue raised regarding his skill in the performance of his duties or his work ethic. He is also protected under the Taylor Law as union president and labor Law 740, which is a whistle blower statute, as well as the 1st Amendment.”