HAVERHILL — The firefighters' union has vowed many times that it would appeal to the state Civil Service Commission Mayor James Fiorentini's September decision to suspend four firefighters without pay for violating sick leave rules.
Union officials practically guaranteed the men would be vindicated by the state agency that oversees most public safety workers. But in the end, the four elected not to appeal to Civil Service, City Solicitor William Cox said.
Instead, the firefighters opted to continue the grievance process that began last fall when they appealed their suspensions to fire Chief Richard Borden. The grievance process outlined in the firefighters contract provides three steps — a review by the fire chief, then the mayor, then an independent arbitrator that both sides agree to pay to decide the case.
The decision by the arbitrator can only be appealed in Superior Court on legal grounds, Cox said. The arbitrator has yet to be chosen and a date for the case to be heard has yet to be set, Cox said.
Fiorentini's review of the case against the firefighters concluded with a hearing that was presided over by an officer chosen by Fiorentini. After that hearing, lawyer Michael Marks recommended that firefighters Christopher Cesati, George Sarrette and Andrew Lafferty be suspended for 10 days without pay and that Raymond Robinson be suspended without pay for one day.
Fiorentini's final decision mirrored Marks' recommendation, except the mayor increased Robinson's suspension to five days. The four firefighters attended the hearing held at City Hall, but refused to testify.
Fire Capt. Paul Weinburgh, president of the firefighters' union, said the four firefighters are following the advice of the union's lawyer in continuing the grievance process instead of appealing to Civil Service.
"We're still confident they're going to win," Weinburgh said of the labor grievance. "And when they win, they'll get their money back (for the unpaid suspensions) and they can pursue their legal options if they want to."
The four firefighters have already served their unpaid suspensions, Cox said.
The firefighters were videotaped in December 2008 by private detectives doing various strenuous or recreational activities on days that they had called in sick. The detectives were hired by the mayor as part of an investgiation that cost the city $13,000.
The firefighters were followed after the firefighters union complained about attendance counseling offered by the fire chief, the mayor has said. Only firefighters with a history of excessive or questionable use of sick leave were targeted in the surveillance operation, he said.
The fire chief began the disciplinary process last summer by ordering that each firefighter be suspended without pay for five days, with a recommendation to increase the suspensions to 30 days with the mayor's approval. The firefighters appealed Borden's decision, triggering hearings that concluded in September. The four firefighters have declined comment on the matter.
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