Federal Judge Allows FDNY Demotion

A Brooklyn federal judge stamped the FDNY’s impending demotion, dismissing executives’ argument that the department could not handle a major crisis without their leadership and experience.

Judge Rachel Kovner denied a request for a temporary restraining order against the demotions of assistant chiefs Michael Gal, Joseph Jardine and Fred Schaaf late Thursday night.

FDNY Fire Safety Commissioner Laura Kavanagh ordered demotions to supervisors on February 3. Soon, eight more chiefs, including John “Jack” Hodgins, the FDNY’s highest ranking uniformed officer, and Fire Chief John Esposito, renounced their ranks and asked to be returned to the field in solidarity.

FDNY Section Chief John

All the demotions will take effect Monday, officials said, leaving a severe staffing vacuum at the top levels of the FDNY.

Lawyers for the chiefs said that if the demotions are carried out, the department will be left without experienced leaders to coordinate large-scale fires, such as the Staten Island fire, which severely injured three firefighters last month, or the NYPD warehouse in Brooklyn in December. destroyed the building, as well as dozens of physical evidence stored inside.

“This case is about one thing: the safety of the public and the valiant firefighters of the New York City Fire Department.[Kavanagh’s]downgrade pushed the FDNY past the tipping point,” lawyer Jim Walden, who represents the chiefs, said in legal documents.

The judge disagreed with the argument about the indispensability of leaders.

“(The superiors) have not determined that irreparable harm will be caused unless the court immediately requires the Plaintiffs to be reinstated to their former duties and prevents their formal demotion from taking effect,” Kovner wrote. “(They) didn’t even claim that they themselves would be irreparably harmed as a result of their demotion.”

The FDNY did not immediately respond to a request for comment.

FDNY Fire Chief John Esposito

Public Safety Deputy Mayor Philip Banks attempted to end the impending exodus earlier this week by personally calling Hodgens and Esposito and flatly denying their request to return to the field.

“If you like the department, you stay,” Banks told Hodgens, according to the sources.

Walden said he was “disappointed” by Judge Kovner’s decision.

FDNY Commissioner Laura Kavanagh

“But my clients will continue their fight for public safety, which has been their only mission for three decades,” Walden said.

In past administrations of the FDNY, demotions, especially in higher positions, have almost never occurred, according to one FDNY source.

“It just didn’t happen,” the source said. “If they didn’t do their job, they simply wouldn’t get promoted anymore. If there was a real problem, the commissioner would simply ask them to resign.

“Now everyone is ready to take over,” the source said.

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