Another Twist in the FDNY Discrimination Case

There has been another abrupt change in the FDNY discrimination litigation. On June 1, 2010 Judge Nicholas Garaufis announced that Mary Jo White, a former Federal prosecutor, would take over the role of special master from Robert Morgenthau, who decided to withdraw. Judge Garaufis appointed Morgenthau to serve as special master on May 26, 2010, but the decision came under heavy criticism immediately by the Bloomberg administration.

In a letter to the judge, Morgenthau wrote "the city’s Law Department has now objected to my service, claiming I will be perceived as biased against the current administration…[I] request that the Court relieve me of the duties I undertook to perform."  Morgenthau also wrote "Although there is no basis whatsoever for this charge, it does appear that the current administration harbors resentment against me".

White was a U.S. attorney with the Southern District of New York, and most recent has been in private practice.

There has been alot written in the press about this latest turn of events  – but nothing beats reading the words right from the horse's mouth. No spin, no hype – just the facts.

Read Morgenthau’s letter Download Morgenthau_Letter

Read Judge Garaufis’s scathing order Download Court_Order_Morgenthau

Read the Order Appoint Mary Jo White, including the details of her responsibilities to FDNY  Download Order_Appointing_White

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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