Scranton Firefighters Challenge Layoff

Posted by: Curt Varone August 7, 2011 7 Comments

A group of firefighters and police officers in Scranton, Pennsylvania, have filed suit to reverse a layoff decision that they claim violates a local ordinance. Mayor Chris Doherty ordered the layoffs on July 29, 2011 seeking to save roughly $212,000 this year and $700,000 next year.

The suit filed in Lackawanna County Court alleges the mayor “has an undeniable, clear and ministerial duty to maintain minimum staffing levels of 137 and 150 in the fire department and police department” and seeks a writ of mandamus to compel him to rescind the layoffs. Local ordinances specify the minimum levels of firefighters and police officers and the city council has refused to reduce those numbers despite being asked to do so by the mayor. In fact, last December the council overrode the mayor’s veto of the minimum staffing requirement.

According to the data in my Fire Litigation Database, this is at least the 24th suit in the past 2 years where  firefighters and/or unions in the US have sought to block a layoff via a lawsuit.

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 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, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
© Copyright 2017, All Rights Reserved. | FireLawBlog.com & Curt Varone | Privacy Policy | Terms of Use
x

Check Also

NJ Court Upholds Officers Being in Same Bargaining Unit as Firefighters

The Appellate Division of New Jersey Superior Court has upheld a ruling of the New Jersey Public Employment Relations Commission concluding that lieutenants can be included with firefighters in a collective bargaining unit. The case involved a challenge brought by the Borough of Carteret seeking to separate lieutenants from the rank-and-file firefighters.

New Hampshire Firefighter Claims He Was Sexually Harassed

A New Hampshire firefighter who resigned last December after enduring what he claims was years of sexually harassing comments and retaliation is now suing his former employer. Christopher R. Golomb filed suit against the City of Concord last month in Merrimack County Superior Court.