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NY city to appeal ambulance ruling

Officials were at odds regarding the appeal, and some argued the case needed to be decided by a higher court

By Rikki Cason
Lockport Union-Sun & Journal

LOCKPORT, N.Y. — Common Council members Anita Mullane, 2nd Ward, and Joe O’Shaughnessy, alderman-at-large, agree with the decision handed down by the state’s Public Employment Relations Board that would bring back Lockport Fire Department-operated ambulance service.

The decision is the result of a union grievance filed in 2014 over the cancelation of LFD-run ambulance service in September of that year. Since then, Twin City took over as the city’s ambulance provider. The hearing on Lockport Professional Firefighters Association’s grievance took place in August of 2015 and the ruling was just issued this past Monday.

During the Common Council meeting on Wednesday, O’Shaughnessy requested an executive session in regards to the PERB decision. He wanted to propose a resolution that would have the city accept the decision handed down by the state. It was recommended, however, that he first address City Attorney John Ottaviano, to prepare said resolution, before it is presented to the Council for a vote.

“My hope is to move forward with the fact that the PERB decision stands,” O’Shaughnessy said. “Obviously others don’t agree.”

Mayor Anne McCaffrey read a statement regarding city administration’s position on the issue.

“In 2014 the city was faced with a serious financial crisis and was addressing a structural budget deficit. At that time the Common Council, fire board and I reviewed our options regarding ambulance service. Ultimately we decided to get out of the ambulance service,” she said. “We worked very hard to get our city back onto solid financial footing and we’ve done that. We are financially stable and our residents have a reliable ambulance service.”

McCaffrey again noted the city will appeal PERB’s finding, stating, “we respectfully disagree with the decision.”

“I’m also meeting with the union to continue to discuss our options,” she added.

After McCaffrey’s statement, which she read from the dais in Council chambers, Mullane interjected that “not all of the council members agree with what you just said.”

“It was a valuable service provided to this community,” Mullane said of LFD ambulance service after the meeting. “We have the qualified personnel for it. As a taxpayer I don’t like to see our hard-earned tax dollars being spent on legal bills.”

LPFA President Samuel Oakes said the outcome is what the union thought it would be.

“We did feel pretty strongly about our case,” he said. “We felt it was a good decision that the administrative law judge issued.”

As for LPFA’s next steps, Oakes said they depends on what administration does. He said the union is willing to work with administration and “do the best we can to put this award into action and move forward and eventually settle a long-term contract with the city.”

If the city appeals, he added, the sides will have to “wait throughout the appeal process for the higher courts to make their ruling on it.”

“I’ve always felt it was better to try and negotiate something, than let somebody who doesn’t live here and doesn’t work here make the decision for our city,” Oakes said. “I like to negotiate. I would prefer, instead of them going and appealing this, they just sit at the table.”

Oakes said over the past few months the union has “made some good ground” with McCaffrey, settling “a few” grievances and working on a couple of others.

“I think we can keep this going and I would just hate an appeal on this award to hurt that,” Oakes said.

Pat Schrader, fire commissioner and former 4th Ward alderman, said he does not think bringing back LFD ambulance service is a good idea.

“Firemen are actually hired to be firemen. I believe the system that is now a year-and-a-half old is working fine,” he said. “I don’t foresee a reason to go back to ambulance.”

For LFD to re-establish ambulance service, the city would have to purchase new ambulances and hire someone to handle billing, Schrader pointed out.

“It’s fine the way it is,” he insisted.

Copyright 2016 the Lockport Union-Sun & Journal