BY JIMMY LAWTON
North Country This Week

OGDENSBURG — Ogdensburg City Manager Stephen Jellie says the city has filed a response to the Ogdensburg fire union’s appeal of a stay order from Supreme Court Justice Mary Farley issued in May.

“On June 16, 2021, the City of Ogdensburg completed filing the “Respondent’s Brief” to the New York State Court Appellate Division - 3rd Dept to the appeal filed by Ogdensburg Professional Firefighters Local 1799. This response is in reference to the affirmative decision rendered by Supreme Court Justice Mary A. Farley on March 26, 2021 granting the City a permanent stay of arbitration in regards to minimum staffing issues in the collective bargaining agreement. The City is confident the decision rendered by Justice Farley is well defined, supported by the law and will be upheld by the Appellate Court,” a statement from the city manager said.

North Country This Week reached out to Fire Union President Jason Bouchard for comment after receiving the notice from the city, but has not yet received a response.

At issue is a long battle between the city and the union over contract violations the city acknowledges, but says it is within its managerial rights to make because the contracts are not financially sustainable.

The department has undergone massive changes with the total number of firefighters reduced from 27 to 20 and a change of minimum shift staffing from five to four. While both actions violated the union contract, the city has maintained that the decisions have fallen within the management rights of the city.

The battle has spawned protests, rallies and complaints at city hall. Disputes between the city and union have prompted terminations, resignations and a criminal charge against the mayor following a dispute with a non-retired firefighter.

Following the initial demand for arbitration, the union unsuccessfully sought a stay order that would have kept staffing at 24 until the matter was resolved.

The city then sought a stay of arbitration, which prompted the union to modify its filing, but in May the city was granted a permanent stay of arbitration.

Essentially Farley granted the stay due to the perception that the arbitration was sought for job security issues rather than safety issues.

The union has maintained that’s not the case. The union said the city has a legal obligation to uphold the existing contract, which is good though 2025. They have reiterated many times that five-person minimum shift staffing is essential to the safety of firefighters and ultimately the citizens of Ogdensburg.

Upon receiving the the ruling in May, the union issued the following statement.

“Our union is disappointed but accepts Judge Farley's decision. We are however planning to appeal the ruling to stay, in hopes of heading to arbitration,” Ogdensburg Firefighters Association Local 1799 President Jason Bouchard said in regard to the decision.

The city responded with calls to end the disagreement outside the purview of the courts, but the union has maintained it does not trust the city to honor any deal made outside of court.

The union did appeal the ruling and with city now filing its response, the decision now falls on the judge.

Jellie says the city has been focused on restructuring the city and downsizing personal to help fix the city’s financial problems.

“The City regrets that IAFF Local 1799 continues to challenge the authority and absolute right of the Ogdensburg City Council to make decisions that will ensure the survival of the City while working equally as hard to continue the revival of the City. Prior to the decisive organizational restructuring and downsizing actions taken by Mayor Jeffrey M. Skelly and the majority city council, and supported by the New York State Financial Restructuring Board report in 2019, the City was facing bankruptcy, a state takeover or dissolution. Since taking these bold actions, the City has enacted a 10 percent property tax cut, reduced the NYS Constitutional Tax limit for the first time since 2016, awarded a significant improvement in its Moody’s credit rating and begin the final stages of clean up to begin development of previously contaminated St. Lawrence Riverfront parcels. The City respects and appreciates the critical life safety services provided by members of IAFF Local 1799 and we continue to request their vigorous support of the active revival efforts championed by the City,” he said in a prepared statement.