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There are several simultaneous investigations proceeding as a
result of the fatal fire at the Deutsche Bank Building on August 18,
2007. The Fire Department Safety Battalion is nearing conclusion of its
initial interviews. However, the Bureau of Fire Investigation, the
Manhattan District Attorney's Office and the New York State Attorney
General's Office are still investigating. We also believe that an
investigation may be started by the N.Y.P.D. Furthermore, both NIOSH and
PESH always investigate fatal fires. Members who are asked to give
interviews or statements about their knowledge of the fire or the
conditions in the fire building before the fire should be aware of their
rights. Our counsel advises:
1. Pursuant to the Individual Rights' provision under the
Collective Bargaining Agreement, duly authorized representatives of the
Fire Department (which would include the Safety Battalion and BFI) may
interview members "during reasonable hours."
- If a member is off duty and a witness, he is to be compensated
for the time spent and two hours of travel time at the rate of time and
one half. In the unlikely event that any member is the subject of an
investigation and off duty, he is to be compensated for the time spent
and two hours travel time at a straight time rate. Before an interview
commences, the member must be advised as to whether he is a witness or a
suspect (subject).
- If a member is a witness only (as we anticipate for all
interviews), the Department has always permitted union representation at
the interviews. No member should consent to an interview in connection
with the Deutsche Bank fire without first notifying the union.
- If a member is a suspect (subject), he still must answer
questions relating to the performance of his duties and is entitled to
have an attorney with him. Certainly if a member is advised that he is
a suspect (subject), he must ask for an attorney before consenting to an
interview.
2. With respect to interviews by the District Attorney's Office,
the Office of the Attorney General or the N.Y.P.D., no member is
obligated to speak to any of those agencies. However, at least with
respect to the District Attorney's Office and the Attorney General's
Office, the UFA recommends cooperation with those agencies. However,
before any member is interviewed by them, he/she should ask to have an
attorney present to make sure that his/her rights are properly
protected.
- Once again, we urge that all members who are asked to give
interviews to ANYBODY call your Trustee before agreeing to the
interview.
Joseph A. Miccio
Recording Secretary
Uniformed Firefighters Association
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