DID FIREFIGHTER MISFIRE?

In Matter of D'Alessandro v. West Hempstead Fire Department, the Board of Fire Commissioners of the West Hempstead Fire Department (WHFD) relieved William D'Alessandro of his firefighting duties after he was found guilty of misconduct.

Because of a medical condition, D'Alessandro worked in a limited capacity for the WHFD,  and was unable to be present at "emergency scenes."

After a friend's son suffered an ankle injury, D'Alessandro received a call from the friend asking D'Alessandro for assistance. By the time he arrived, D'Alessandro encountered other members of the WHFD. While he complied with the Assistant Chief's instruction to "move back," firefighters alleged D'Alessandro "made disparaging and threatening remarks" and was "belligerent in his response."

On review, the Appellate Division, Second Department, found the Board's decision wasn't supported by "substantial evidence." The Commissioners failed to demonstrate D'Alessandro "responded in his official capacity as a firefighter, acted with any accoutrements of official authority, or performed any role other than that of a family friend."

Since D'Alessandro was merely acting as a concerned civilian, and no one other than a Chief Assistant was in ear-shot of D'Alessandro's remarks, his words couldn't be characterized as criticisms which justified disciplinary action.

The AD2 certainly put out that fire!

To download a copy of the Appellate Division's decision, please use this link: Matter of D'Alessandro v. West Hempstead Fire Department