Buffalo Firefighters Accused of Overtime Scam

Posted by: Curt Varone November 21, 2011 3 Comments

Buffalo firefighters are in the news over an alleged overtime scam. Mayor Byron Brown claims the scam involves a longstanding practice of buying and selling overtime shifts, coupled with healthy firefighters calling in sick to create additional overtime openings.

The buying and selling aspect of the scam came to light when firefighters publically admitted the practice was occurring, apparently oblivious to the appearance, legalities and tax consequences of the practice. Firefighters deny the sick leave abuse aspect.

At the heart of the buying and selling practice appears to be the fact that overtime compensation is calculated into an employee’s pension. As a result, employees approaching retirement have an incentive to take as much overtime as possible to boost their pension.

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.
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