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Cap on overtime pay for city firefighters faces court challenge

Published:July 30, 2009, 9:45 AM

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Updated: August 21, 2010, 1:02 AM

Fire Department overtime ballooned $2.4 million over budget in the past year based on estimates released Wednesday, and the head of Buffalo’s control board blames some of it on “games” played by firefighters to fatten future pensions.

Meanwhile, two firefighters will go to court next week to challenge a new city policy that imposes limits on how much overtime departmental employees can make.

In court papers filed by Patrick Eck and Keith LoCicero, the firefighters claim the city has illegally placed caps on overtime. Based on a May policy change, they said rank-and-file firefighters are limited to no more than $37,000 in overtime for each calendar year. The limit increases depending on an employee’s rank, topping off at a $52,000 overtime limit for division chiefs.

The lawsuit claims the caps violate a contract that assigns overtime on a rotating “wheel” that gives the most tenured employees more overtime opportunities.

The legal challenge is scheduled to be heard in State Supreme Court next Thursday.

Overtime costs and retiree health insurance costs dominated Wednesday’s meeting of the Buffalo Fiscal Stability Authority.

The control board reviewed a study released in January by the University at Buffalo’s Regional Institute showing that the nine largest local governments in Western New York face a $3.7 billion tab for retiree benefits over the next 30 years. Institute Director Kathryn A. Foster said the tab for every Buffalo resident exceeds $8,200.

If the expenses were absorbed solely through property taxes, the owner of a home assessed at $100,000 would see taxes increase by $1,562 a year, Foster said.

She added that unless local governments plot strategies to deal with the costs, they will be hard-pressed to pay for even basic services.

City Finance Commissioner Janet Penksa said Buffalo has been grappling with the issue in several ways. Employees have been placed in lower- cost health plans, and recently negotiated contracts require new employees to pay part of their health insurance premiums.

“We’re getting there slowly but surely,” she said.

Control board Chairman Paul J. Kolkmeyer said he believes more must be done to contain health and pension costs. Racking up sky-high overtime in the final years of employment is one factor that can significantly increase pension costs. He noted that the Fire Department overtime was $10.3 million in the fiscal year that ended June 30 — or 30 percent over budget. Most of the costs were driven by a manpower shortage, and Kolkmeyer said he’s convinced some firefighters call in sick to create overtime opportunities.

“As we all know, games can be played there,” he said.

No representatives from the fire union attended the meeting. In the past, union leaders have insisted that high overtime has been caused by “mismanagement,” including the city’s decision to “understaff” the department. Buffalo is in the process of hiring new firefighters for the first time in seven years.

Fire union President Daniel Cunningham released a statement today defending overtime costs.

"(Firefighters) have nothing to be ashamed of and make no apology for the money they have

earned. They have worked as many as 93 hours a week away from their families at a very

dangerous and demanding job," Cunningham wrote.

He added that the department's practice of leaving vacant jobs unfilled has saved the city

millions of dollars a year.

The city is in the process of hiring a new class of firefighters.

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