In what appears to be the ultimate description of what "absolute power" can do, Fire Commissioner Tom Von Essen, who was picked to be FC while he held the elected office of Uniformed Firefighters Association President, again disregarded the recommendations of an administrative law judge and actually terminated a Fire Marshal for not having a tie on while on duty---a Fire Marshal HE REPRESENTED while he was that UFA Prez!!!
The Long Island-based newspaper, Newsday, reports that the Marshal, JOHN O'BRIEN, had 16 years on the job, both as a firefighter and marshal.
The failure-to-tie-the-tie occured at a union meeting of delegates of the UFA with the Commissioner in 1997. Apparently, a boss in the Fire Marshal's Office took offense to O'Brien's attire.
O'Brien attended another UFA delegates meeting with Von Essen in May of 1997. Fearing that he was going to be berated by Von Essen for his failure to go along with some new contract proposals, O'Brien clandestinely taped the second meeting.
When Von Essen got wind that the second meeting was taped by O'Brien, the tie complaint "went all the way," from a Command Discipline which O'Brien refused to sign, to an offer of one day's pay and three vacation days, to a full trial.
The administrative law judge recommended a reprimand, since testimony by the Marshal's bosses said that others at the first meeting were also not in compliance with the dress code. But Von Essen (remember, now,---this guy was the UFA President before becoming Fire Commissioner!!) ORDERED THAT O'BRIEN BE FIRED!
Can one guy, Giuliani, instill so much fear into what is supposed to be a professional administrator that they just jump at the chance to be vindictive? Can this guy, Von Essen be for real? Von Essen never served as a Lieutenant, Captain, or Chief of any rank in the FD. He came from a busy firehouse in the South Bronx, was elected president of the UFA, and appointed Fire Commissioner by Giuliani after Safir went to the PD. Just what is Von Essen's experience and ability to be an administrator of such a large organization? Nothing. It is apparent that he received that "bosses lobotomy" when he was called by Rudy, which made him forget exactly where he just came from!
This is just the guy Rudy wanted for a job such as this!
Post Script: Some have emailed Prosay asking about the Fire Marshals in NYC. They are not fire prevention inspectors, as in some towns. The FDNY Fire Marshal holds "Police Officer" status under the NYS Criminal Procedure Law, and are armed 24 hours a day. Their primary job is to investigate suspicious fires and make arrests when warranted They are, in essence, the equivalent to Detectives. They are firefighters that have taken a promotion test to the Marshal's job.
Update-3/09: Over the past weekend, it was reported in only one newspaper that Fire Marshal O'Brien was rehired by Court Order. Little was mentioned in the rest of the papers, if at all. The Court agreed that the punishment did not fit the "crime", which is usually the the act of the Giuliani Administration. But don't expect any of the three (Giuliani, Safir, or Von Essen) to change their act any because of this court ruling!
