Transcript: Mayor de Blasio, Fire Commissioner Nigro, UFA President Cassidy and UFOA President Lemonda Praise New Law Restoring Three-Quarter Accident Disability Protections for Firefighters

September 13, 2016

Mayor Bill de Blasio: All right. Everybody good? Well, I just had the real pleasure of spending time with the officers and firefighters of this firehouse, and we shared some pizza together, talked about the work they do, talked about their families – it was a wonderful conversation. We talked about how important it is that they be safe, and that, God forbid, if anything were to happen that they have the support they need. And I’ve had the pleasure of doing something most New Yorkers don’t get to do, which is to spend time in the firehouses, and eat around the table, and hear the stories. And firehouses – as a lot of my colleagues here can tell you – there’s a wonderful personality to each firehouse and a sense of camaraderie. And the men and women of the Fire Department know that what they do is so important to us, and they have incredible spirit, and a willingness to take on any challenge, but there’s also a lot of warmth, a lot of humor. So, it is really always a pleasure to be with them and to share in that. 

I told them how much we appreciate the work that they do and how much we have to keep working every day to make sure they have what they need. And I’m very proud that we are marking the occasion of a very successful effort.

I want to thank the union representing the firefighters and the union representing the fire officers – the UFA and the UFOA, respectively – for their hard work over months to address the outstanding issue of disability – an issue that’s been around for years and needed a resolution. And, as we were just discussing, a lot of good conversations happened figuring out the path, a lot of hard work. Today, we’re able to talk about the victory that this issue has now been resolved. And I was able to meet some of the firefighters for whom this will change their lives right away. 

Now, we are able to give greater security to our newest hires, our recent hires into the FDNY. They’ll now receive more of their salary if they retire because of disabilities incurred in the course of their service. 

Now, success has many fathers and mothers, as always. I want to thank the elected officials who are here with us because this was an effort that took a lot of people to achieve. I always want to thank Manhattan Borough President Gale Brewer, who we work with on a host of issues. And our colleagues from the State Assembly – the State Assembly plays an absolutely crucial role. Literally, we could not have done this without them because of the law, but more importantly, they played a very active role in making sure that everyone could get on the same page. I want to thank Assemblymember Deborah Glick, Assemblymember Luis Sepúlveda, and a special thank you to Assemblymember Peter Abbate, who was one of the leaders of the effort around this particular legislation. 

We obviously today think about what we’ve experienced these last few days – the memorial at Ground Zero yesterday, but, for me, also, very powerfully, the commemoration at St. Patrick’s Cathedral where we saw displayed the face of every single firefighter who was lost on 9/11. 343 brave men, ranging in age from 22 to 71 were lost that day. Many other members survived but carry the illnesses from the rescue and recovery with them. Some we've lost to those illnesses. Some continue to struggle through them. So, it’s a reminder of all the challenges associated with the work of the FDNY. It’s also a reminder of the eternal nature of this department – 150 years. And I said at St. Patrick’s, I said the FDNY was there for New Yorkers for 150 years. It’s there for us today, it will be there for us tomorrow, and we honor that. 

We had a long negotiation, but a very respectful and productive one. We were able to resolve the disability issue. Now, every firefighter and officer will receive three-quarters of their salary if they become disabled. And, as part of the negotiations with the UFA and UFOA, we agreed to work together to support a new State law. We brought it to Albany, introduced it to the State Legislature. I also want to thank the City Council, because they were a strong voice for resolving this issue, and we needed their help in passing a home rule message that would allow the State Legislature to act. So, they were also crucial partners in this process. Again, I thank all the members of the Assembly and all the members of the State Legislature who worked to pass legislation, and it was passed overwhelmingly. And I thank Governor Cuomo for signing this legislation. 

This is a really, really good example of labor and management working together to address an issue that, as I said, had been going on for years. We came up with a fair agreement. 

To Steve Cassidy and Jake Lemonda, I want to say, I really appreciate your leadership. I appreciate your friendship, your partnership. We talked a lot and there was always an open door on both sides, and I appreciate that deeply. And it shows what respectful labor negotiations can achieve. Time and again, we have been able to get so much done with our municipal workforce and their unions through positive and respectful negotiations. That is why the vast, vast majority of our workforce, almost all our unions, are under contract now. That’s why even issues like this that went on for years with a spirit of partnership.

A few words in Spanish –

[Mayor de Blasio speaks in Spanish]

With that, I’d like you to hear from a man who has literally given his whole life to the work of the FDNY and has done it with tremendous ability and grace – our Fire Commissioner, Dan Nigro. 

Fire Commissioner Daniel Nigro: Thank you, Mayor. I don’t think I can say it enough – the Department equips and trains its members to be safe, but it’s an inherently dangerous job. Yesterday was the anniversary of 9/11 – 343 members died doing that job. It is a very dangerous job. So, no one here – certainly not the Mayor, myself, Chief Leonard, presidents of our unions – believed that our members deserved two levels of protection, two levels of pension protection. Chief Leonard and I expect all of our members to operate at the same level. They take an oath of office. Whether they’re the most junior member or senior member in the Department, they protect life and property in the City at the same level and they deserved the same level of pension protection. So, the fact – as the Mayor explained – that together under his leadership and with the cooperation of this Department and with our unions, we were able to get that done so that those 2,000-odd members of the Department that have come on since this change can now be protected at a level that they so much deserve. 

So, we’re happy to be here today to announce this change – this hard-earned, well-deserved change for our members. 

[…]

Mayor: Thank you very much, Commissioner. Now, the President of the UFA, Steve Cassidy.

[…]

Mayor: Now the President of the UFOA, Jake Lemonda.

[…]

Mayor: Thank you very much, Jake. All right, we’re going to first take questions on this issue and then we will take questions on any other topics.

Any questions about this legislation and this plan? See if you got anything here? I know it’s been around for a while, but – go ahead Rich.

Question: What would the – what would the newbies have gotten [inaudible] before this legislation was passed and what will they get now?

President Steve Cassidy, UFA: What they were entitled to under the previous legislation was 50 percent of their salary minus social security offset, which for a brand new firefighter was as little as $27 a day. What they currently get now is three-quarters of their salary with no social security offset. It is a tremendous difference. And as the Mayor said, we hope that nobody becomes permanently disabled in the line of duty, but as Commissioner Nigro said, this is a dangerous job. We took an important issue off the table for these young firefighters.

Mayor: Yes?

Question: [Inaudible] Any of those 2,300 firefighters who actually became disabled in the past few years for whom this would apply to retroactively?

Mayor: Retroactively?

President Cassidy: I don’t think we do. We have – we have a handful of firefighters who have been seriously injured. I think all of them are expected to get back to work or are back to work. But the reality is young firefighters heal quickly, and we want them to have a long career. But right now, I don’t think we have anybody that currently will be covered.

Mayor: Saw another hand – yes?

Question: Just want to – I’m not sure I’m right about this, but the original agreement with the firefighters union – does that call for a three percent input by the union? And now is the legislation calling for a two percent?

Mayor: Let me start, and then Sherif Soliman, who is our State Legislative Director, can jump in. You’ll need a microphone. We came to the labor deal on the compensation – the standard issues under any contract – at the same time, came to an agreement that we both believed we had a way to settle the ongoing disability issue, which again goes back to 2009. And we would work together to get it done in Albany and with the City Council. I agree with Steve Cassidy. I’ve worked with him for a long time – many, many years – including many times we stood shoulder to shoulder to save firehouses from being closed in the previous administration. I knew that he was a man of his word. He knew I was ready to keep my word and follow through. We said let’s finish the labor issues, but then let’s also have an agreement about how we want to proceed with the City Council and with Albany. And that’s how we did it.

Sherif, you want to add on the numbers?

Director Sherif Soliman, Office of State Legislative Affairs: Yes, so the City Actuary pegged this bill if it were to be cost-neutral it would require a contribution from payroll of firefighters that would sort of equate to 4.3 percent. Per the deal that was reached with the union, the contribution by firefighters is two percent and the City makes up the balance of the cost.

Question: What is the cost then for the City?

Director Soliman: So the cost is per the City Actuary’s note – for fiscal year 2017, $6 million to the City –

Mayor: Total.

Director Soliman: Total. And that ramps up in the out years, so in 2021, the cost to the City is $12.6 million.

Mayor: Okay, any other questions? Look around – yes?

Question: Mr. Mayor, I was at the Governor’s event the other day on this subject. Is there a reason for two separate events?

Mayor: Just two different functions. The Governor obviously had to sign the legislation, and I thank him for that. But what we’re really here recognizing is the months and months of work that went in to getting to that day – a lot of the labor negotiations, followed by the work with the City Council, the work with the State Legislature. And we wanted to honor all the work that people had done.

Last call. Going once – yes?

Question: [Inaudible] consider workers compensation?

Mayor: Workers compensation – no, I don’t think it’s the same thing.

Unknown: No, it is not.

Mayor: Do you need a follow-up? Or is that all you needed to know?

Question: [Inaudible]

Mayor: That’s good, okay. Last call on this issue going once, twice – other topics. Yes?

Question: The – we reported just a little while ago that the City payroll records show Officer Daniel Pantaleo – the officer involved in the Eric Garner case – is making substantially more in the most recent fiscal year than he was the year prior, even though he’s been placed on modified duty – something like 35 percent more money than he was making the year before. What do you think about that? Is that appropriate that he should be making that much more?

Mayor: It’s the first I’m hearing of it. Officer Pantaleo, as you said, is on modified duty – does not have a badge or a gun. So he’s doing a different type of work. I don’t actually know specifically how the Police Department handles assignments for people on that kind of status. So you have to go to the Police Department for that one. Yes?

Question: The number of fatal drug overdoses on Staten Island just surpassed what it was last year, so they think about 70 so far this year, and there were only 69 last year. What’s not going right there? Like – I know you’ve poured in money doing different things –

Mayor: Yes.

Question: What’s happening? Why is this happening?

Mayor: I think this is becoming a bigger and bigger problem all over this city and all over this country. And we’re going to have to come up with very different solutions. I was reading reports from some other states as well that were just horrible. And some are specifically tainted heroin or other drugs that cause a particular dangerous situation. But the bigger problem is that a lot of people fall into addiction, and we don’t know about it until it’s too late. We have to figure out a very different way to reach people while we still can get them early. And we’ve talked about – and we’re investing in some of the things that we believe work – reaching young people in schools, making more treatment spaces available, obviously the reversal drug that can stop an overdose in its path – that has been very successful, used by first responders and also even by family members. But we’ve got to do a whole lot more. This situation continues to get worse. And I think this is going to take some kind of effort, right down to the most grassroots level, including families. We’re going to have to involve families differently if we’re going to find out who needs help and get the help to them more effectively. Yes?

Question: Mayor, there’s a judge who ordered your Campaign for One New York to hand over these documents. Do you want [inaudible]? Why were you not handing them these over?

Mayor: Why what?

Question: Why were [inaudible] hand them over – for the subpoenas?

Mayor: Well, we laid that out very clearly initially. The judge came to a ruling, and the judge did recognize that the issues we were raising about JCOPE and its role were appropriate issues to raise. And the judge did caution that JCOPE should not be undertaking partisan or political activities and certainly should not be leaking information illegally. We disagree with the judge’s final judgment, so we’re exploring appellate options at this point.

Yes?

Question: Police Commissioner has frequently criticized the work of Inspector General and Department of Investigation, even saying that they’re [inaudible] research [inaudible]. Are you okay with that? Are you okay with City employees in one of your agencies being called amateurs by another commissioner?

Mayor: I would say it this way – DOI, in particular, the Police Inspector General, are playing an important role. That doesn’t mean any particular commissioner is going to agree with all their conclusions. And I certainly thought in the last instance they missed some important facts when it came to the question of quality-of-life policing. So I think it’s appropriate to – if one believes that there’s been a misunderstanding, to say something about it. Commissioner Bratton has always reserved his right to use very colorful language. We respect that, given especially his many years of achievement. But the bottom line to me is – I respect the work of DOI; I respect the work of the Police IG; but I too will reserve my right to, while respecting them, say when I disagree.

Question: Do other commissioners have the right to speak [inaudible] forthcoming about other commissioners [inaudible]?

Mayor: I think each commissioner has their own approach.

Question: Mr. Mayor, Crain’s reported today that the City’s official count of construction deaths by DOB is off by a third – that six of the deaths of 17 last year were not counted and of those, four not investigated. Have you heard about that? Do you have a response?

Mayor: We take construction safety very, very seriously. As you know, DOB has taken a number of new measures, and we’ve added a number of new restrictions to try and reduce dangers on construction sites. I think the issue at hand has to do with some jurisdictional differences – DOB versus OSHA and differences of reporting. The heart of the matter is we all have to find a way to continue to make the construction sites safer. We think tougher rules are going to have a very big impact. That’s why we put them in place.

Question: So how are you developing rules for what would make workplaces safer if the City is not including in its analysis, in its count, in its [inaudible]?

Mayor: I don’t think – I understand the question, but I don’t think there’s anything about the rules that we’re putting in place that don’t affect the whole range of challenges. I think what we’re doing will approve – improve safety across the board. That doesn’t mean we do everything OSHA does. OSHA looks at some issues that we don’t look at. That’s normal division of labor between the City government and State or federal government. We are adding additional restrictions to make construction sites safer. That’s the bottom line.

Question: But when the City puts out a count of the number –

Mayor: Again, I think I’ve answered it.

Go ahead.

Question: Mr. Mayor, you were with Secretary Clinton yesterday –

Mayor: Yes.

Question: – at the 9/11 ceremony. How did she look to you? Did you have any sense that there was something wrong? How are you feeling today?

Mayor: I talked to her for a while. She looked maybe a little tired, but nothing different than usual. And then we had a fine conversation, and she was conversing with many other people. And as per usual, everyone brought up a different issue and she had something to say on each conversation. I think what’s happened here, and I remember this from when I had the honor of being her campaign manager 16 years ago is – she’s a workaholic, she has got an incredible work ethic, she rarely says no to an invitation, and she pushes herself very, very hard. And I think most people – if they were diagnosed a few days earlier with pneumonia would have said okay, I’m going to cut back my schedule, take a few days off – and that’s just not Hillary Clinton. And I admire that about her.

Obviously, it’s good that she’s going to take a break for at least a few days now. But I think this is sort of classic of her – she pushes herself very hard. She has incredible stamina. And I don’t think people should make too much of it.

Question: [Inaudible] given the fact that her health has become a point of attack for the Trump campaign, she should have acknowledged the diagnosis on Friday – make that public – so given the fact that she did have a health experience that it didn’t feel as though it was something they were trying to keep the public from knowing?

Mayor: I think there’s a difference between perception and reality in that question – perfectly fair question, but I want to separate it into two parts. On the question of reality – no, she, just like she had allergies and she was taking an antihistamine, which can also dehydrate you – hold on. Going to give these guys a minute – they’ve got to do their thing.

Unknown: [Inaudible]

Mayor: All right, there we go. They got instant translation.

The – she was taking antihistamine for allergies – perfectly normal. It can make you dehydrated. Obviously, you got to drink more. Sometimes people remember to do that, sometimes they don’t. That’s hardly big news. And even pneumonia is pretty common. I don’t think it’s a disclosure issue. I think what’s obvious is she deserved more of a break than she was taking.

Now I think the second part is the perception question. The perception question is unfair – not your question – I’m saying the larger discussion. There’s a bunch of conspiracy theorists trying to push the idea that there’s a health problem. There’s no proof for that whatsoever. Again, she has stunning stamina. I’ve known her very closely now for 16 years. She has amazing stamina. We’ve seen specific reports from her doctor about her health. We’ve had all sorts of disclosure about issues that have come up over time and how they’ve been addressed.

We’ve seen next to nothing in comparison about Mr. Trump, who is a year older than her, by the way – except his doctor said he would be the most fit president in the history of the United States. I’m very interested if his doctor treated the previous 40-something presidents to be able to make that judgement. His doctor was a close personal friend of George Washington. But – so, first of all, you know, on a perception level, we shouldn’t even be having this conversation about health. She’s fine. And if we’re going to really have a conversation about health, then it should be a level playing field. Trump should disclose just as much as she has, and that hasn’t happened. 

Rich?

Question: Has she disclosed her entire medical record? [Inaudible] if she has or [inaudible]?

Mayor: My understanding – I’m not – hardly an expert. My understanding is she has disclosed the amount that is typical of presidential nominees and it is substantial. I was just watching on TV today, different reports from different years of what she had, how it was treated. I think there’s a lot out there. There’s nothing like that for Donald Trump. So, there’s clearly an inequality right now, and if the Trump campaign or their supporters are trying to make health an issue, then what’s good for the goose is good for the gander. Release his equivalent health records and let’s see what we find out. 

Question: Regarding this issue of disclosure of officer discipline records – 

Mayor: Yes.

Question: The governor recently said that the City is [inaudible]. What are your thoughts on that?

Mayor: I disagree. I think the State law is clear. I think the DCPI office made a mistake – it’s quite clear, according to both the legal office of the Police Department and the City Law Department. They shouldn’t have been providing those particular reports previously. Remember, there’s a court case involving the CCRB from a year earlier where the Law Department took a very clear position that the State law required us to keep this kind of information confidential. So, I think we’ve been quite clear about that. I think we have two ways forward here, because I believe there should be disclosure, as does Commissioner Bratton, as does soon-to-be Commissioner O’Neill. If an appellate judge allows it, sometime this fall we will disclose the records at that point, or else we’ll work with our colleagues for a new State law that will allow it. And I think, again, it’s an atmosphere where a lot of people around the State think that would be a good policy. So, we’ll work for that. But Commissioner Bratton raised an important issue too – how is the State handling disclosure itself? If the State is making a certain approach to this law, we should look at that to see what consistency there is in terms of the State police forces. 

Question: Earlier today [Inaudible] referenced the murder –

Mayor: Yes, yes.

Question: It seems like [inaudible] hate crimes [inaudible].

Mayor: Correct. Well – I’m sorry – NYPD in the second case believes that the motive is robbery. In the first case, there’s literally no determination after a lot of detective work.

Question: [Inaudible]

Mayor: No, I was first of all – the specific deaths in close proximity to each other obviously made the community feel insecure against a larger backdrop in this country where there’s been a lot of sentiment against Muslim communities unfairly. So I thought the community’s concern was very real, but I believe 100 percent the NYPD is handling these cases properly. I think the NYPD has gone out of their way to constantly update and brief community leaders. No, I think it is right to say to the community we understand this has been a painful time, we understand the fear you have, but we are here to protect you. The City of New York will protect you, and we’re going to be absolutely open as we get more information. And I’ve talked to Chief Boyce about the death of the cleric – the imam – and you know, I think you’ve all come to know Chief Boyce very well, an extraordinarily intelligent man, extraordinarily probing, he’s amazed they haven’t been able to figure out motive, and they still have some more work to do, but we will tell the community what we find.

Question: [Inaudible]

Mayor: Yes.

Question: Tomorrow’s primary day, are there specific legislative races that you’re watching and as part of that are you – what are your thoughts on Senator Espaillat’s seat, the fact that one of the leading candidates seems to be indicating that if she wins she’ll caucus with the Independent Democrats. Do you want to see that caucus grow or are you concerned about how that might affect [inaudible]?

Mayor: Look, I’m not going to comment on primaries that I have not gotten engaged in. I have not gotten engaged in that one. I’ll say the obvious. I believe there will be a Democratic majority in the State Senate. Whether that’s done with the IDC or some other way, I believe there will be one.

Question: Very simple question for you – define what government transparency is.

Mayor: I guess if you gave me some lined paper and a pen and a time limit I could do that, but I think – look, I think New York City has some of the best ethics and transparency laws in the entire country. We believe in that approach. We believe in those laws. Things like the Conflict of Interest Board and the ability to go to them and seek guidance on a whole host of levels – that doesn’t exist in many places in such a sophisticated manner, and then we’ve added to it. For example the disclosures I’ve done, going back to my time as Public Advocate on meetings with lobbyists. That’s not required by law. That’s something we do voluntarily.

Question: Do you understand –

Mayor: I think it simply means providing appropriate information to the public. Last call – you’re so, so passionate about your question. What is it?

Question: I’m just filled with vim and vigor.

Mayor: Vim and vigor – excellent!

Question: To what he just asked you, you pledged when you were running for mayor not only that you would disclose your own lobbyist meetings, but that agency heads and commissioners would also disclose their meetings with lobbyists. That hasn’t happened yet. What’s the timeline for that?

Mayor: I have to check on that. As you know, we take all of our pledges from the platform very seriously. I was just looking earlier at an update on how many of them are moving, and it’s the overwhelming majority. Some pieces are still being put together, so I will come back with a timeline for you on that.

Thanks, everyone.