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HomeMy WebLinkAbout1937_12_15 Town Board Minutes N REGULAR MEETING OF THE TOYN BOARD TO'VN OF MAULARONECY, NEiV YORK HELD DECEMBER 15, 1937 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. P. The meeting was called to order by Supervisor McCulloch at 8:15 PlI. Present: Supervisor McCulloch Councilmen Bates, Brennan, Griffin, Meginniss Absent: None The presence was also noted of Town Clerk Marvin, Town Attorney Delius, Town Engineer Foote, Assessor Smith, Deputy Receiver of Taxes Orsino and Town Clerk-elect Payne. The minutes of the meetings of November 17, December 1 and December 4, were approved as presented. The regular order of business was suspended in order to hear those persons who desired to address the Board. Mr. Ezra C. Bingham of Larchmont, owner of the property on which is located. the Hickory Lodge (formerly known as Post Lodge ) , asked if the dance hall license which had been issued to the Hickory Lodge would be valid on New Year' s Eve if the place were re-opened I or that one night only. The Supervisor informed Mr. Bingham that the company to which the license for the Hickory Lodge was issued would be held re- sponsible and the Board concurred in his remarks. I-Or. Bingham stated that he would get in touch with that company. There being no other persons who desired to address the Board at this time, the regular order of business was resumed. Mr. Bates reported on drain matters. He presented a letter dated December 15, 1937, addressed to him by Town Engineer Foote concerning the report to be made by Mr. Henry ITT. Taylor, con- sulting hydraulic engineer, concerning the drainage situation in Highway and Drainage District No. 1. After discussion the matter was laid over. The Supervisor called to the attention of the Board the fact that Section 62 of the Town Law provides that the Town Board must meet between the 28th and the 31st of December. The Board unanimously decided to meet on Thursday, December 30, 1937, at 2:30 P. M. Mr. Griffin reported on welfare matters the request of Veteran Relief Officer Enright for propriation of $6,500 to continue the work of the Office for the balance of the year, which request to the Board at its meeting on December 1 , 1937. the matter was laid over. He commented on a supplemental ap- Veteran Relief had been presented After discussion Mr. Griffin and the Supervisor commented on the matter of skating on the Larchmont Gardens Lake. It was agreed that it would be the responsibility of Mr. Thomas Aitchison, the foreman of the Park Department, to determine when the ice on the lake is sufficiently thick to permit public skating and to notify the police accordingly. The Supervisor stated that it would be in order for the Board to complete its consideration of the proposed 1938 budget and set the date for a public hearing thereon. 9 The Supervisor presented detailed estimates in writing of the amount of expenditures for the fiscal year beginning January 1, 1938, in, for, and by their respective offices, boards, departments and commissions as prepared and filed by every administrative officer, board, department and commission of the Town and every district there- of. Such preliminary estimates were ordered filed and considered to be a part of these minutes. The Board thereupon prepared an itemized statement in writing of the estimated revenues and expenditures of the Town for the fiscal year commencing January 1, 1938, which statement is known as the Annual Estimate. On motion by Mr. Bates, seconded by Mr. Brennan, it was upon roll call unanimously RESOLVED, that the Annual Estimate or Tax Budget of the Town of Mamaroneck as prepared by this Board for the year 1938 be and it hereby is approved; and be it FURTHER RESOLVED, that said original estimate or budget be filed in the office of the Town Clerk where it will be available for inspection by any interested persons at all reasonable hours; and be it FURTHER RESOLVED, that the Public Hearing thereon as required by Section 113 of the Town Law be held by and before this Town Board on Wednesday, December 29, 1937, at 8:15 P. M. in the auditorium of the Senior High School on Palmer Avenue, Mamaroneck; and be it FURTHER RESOLVED, that the Town Clerk give notice of said- Public Hearing as required by Section 113 of the Town Law in The Daily Times, a newspaper published in the Town of Mamaroneck in its issues of December 16 and December 23, 1937, and in The Larcbmont Times, a newspaper published in the Town of Mamaroneck in its issue of December 16, 1937 and in The Herald, a news- paper published in the Town of Mamaroneck in its issue of December 17, 1937, which newspapers are hereby designated the official newspapers of the Town for the purpose of this publication; and be it FURTHER RESOLVED, that the Comptroller have prepared one hundred and fifty (150) copies of said Annual Estimate or Tax Budget for the use of the public. The Supervisor commented on the Town' s financial situation, saying that the Town will end its 1937 fiscal year with sufficient cash on hand to pay current bills and meet the January 1 debt service requirements. However, it will be necessary early in the month of January to sell a tax anticipation note in order to meet expenditures under the 1938 budget, he added. Town Attorney Delius reported on the request of Carmella L. Rigano for the cancellation of a tax lien on property known as Section S. Block 54A, Lot 12 for taxes for the years 1934 to 1936 inclusive. The request was based on the fact that the Town had sent her erroneous tax bills. After discussion the Board took no action on the matter. The following resolution was offered by Councilman Meginniss and seconded by Councilman Bates to-wit- WHEREAS, on the 16th day of June, 1937, the Town Board of the Town of Mamaroneck, New York, passed a resolution authorizing the issuance of $20, 000. Bonds of said Town for the ,purpose of draining and improving certain designated highways in a duly created and approved highway drainage district in said Town, and M WHEREAS, said resolution authorized the issuance and sale of a Temporary Certificate of Indebtedness of the Town of Mamaroneck in the amount of N11,000. and WHEREAS, said Certificate of Indebtedness becomes due on December 21st, 1937, and it is the desire of the Town Board to renew said Certificate of Indebtedness by the substitution therefor of a new Certificate of indebtedness in the same amount, NOW, THEREFORE, BE IT RESOLVED, By the Town Board of the Town of Mamaroneck, as follows:- Section 1: That the Supervisor of said Town is hereby authorized to renew said outstanding Temporary Certificate of Indebtedness of the Town of iviamaroneck, New York, denomination $11,000. , No. =I. D. #l, dated Jur_e 21st, 1937, bearing interest at the rate of one (1) per centum per annum, both principal and interest payable December 21st, 1937, now owned by the First National Bank of Mount Vernon, Mount Vernon, New York, by the substitution therefor of a new Certificate of Indebtedness of said Town in the amount of X11,000. No. H. D. 3, bearing interest at the rate of one (lj per centum per annum, dated December 21, 19373 and both principal and interest maturing on May 23, 1938, said Certificate being in substantially the same form as said outstanding Certificate of Indebtedness No. H. D. #1,• that the Supervisor is hereby authorized to sign said Certificate, and the Town Clerk is hereby authorized to attest said Certificate under the cor- porate seal of said Town; Section 2: That the Supervisor is hereby authorized to effectuate the substitution and exchange herein authorized. Section 3 : That this resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote which resulted as follows; AYES: Supervisor vlcCulloeh Councilmen: Bates, Brennan, P+Meginni s s and Griffin NOES: None The resolution was thereupon declared duly adopted. Town Attorney Delius reported that he had received a request from the Village of Mamaroneck for the cancellation of certain taxes on property located in "Grand Park' which property the Village desires to acquire for the purpose of erecting thereon an incinerator. These taxes are small in amount and of many years' standing. After discussion the matter was referred to the Town Attorney for further investigation and report. Town Attorney Delius reported on his action in instituting foreclosure of tax liens held by the Town. He said that where the properties in question are located in one of the villages, they are also encumbered by village taxes. In order that the Town may ob- tain a clear title to these properties and obtain title policies therefor, so that the Town will be in a position to sell these pro- perties without difficulty, it is necessary that the unpaid village d taxes thereon be either paid or otherwise disposed of. He therefore recommended that the Town co-operate with the villages in clearing up these back village taxes and specifically that the Town endeavor to arrange to share part of the expense of foreclosure with the villages. The Town Board concurred in principle with the report of the Town Attorney who stated that he would suggest a definite arrange- ment along these lines at a later date. The Supervisor reported that since every effort to collect outstanding tax liens was vigorously prosecuting the collection of means of the foreclosure actions referred to Attorney. The Board unanimously approved o visor in bringing about these collections. it was his duty to make held by the Town, he these liens, notably by above by the Town the action of the Super- A letter dated December 13, 1937, was received from the Warranty Realty Company, requesting permission to pay taxes for the years 1932 through 1936 inclusive on property known as Section S. Block 16, Lots 1B, 2B, 3B, 4B and 11, at the face amount of the liens thereon held by the Town with interest computed at 6 per cent . On motion by Mr. Bates, seconded by Mr. Griffin, it was upon roll call unanimously RESOLVED, that the request of the Warranty Realty Company as above set forth be and it hereby is approved. Comptroller Luceno addressed the Board to discuss the matter of renewing the lease on the present town office at 158 West Boston Post Road, ivlama.roneck, which lease expires December 31, 1937, at the present rental of x2,100 per annum. After discussion the matter was laid over. The report of the Receiver of Taxes and Assessments for the month of Eovember was received and filed. The report of the Town Clerk for the month of Povember was received and filed. The report of the County Health Department for the month of October was received and filed. A petition dated December 15, 1937, was received from the Assessor, requesting the correction of the assessment roll for the year 1936, tax of 1937, as more fully set forth below, in order to permit the apportionment of taxes. On motion duly made and seconded, it was unanimously RESOLVED, '�lli'EREAS, the Assessor has petition dated December 15, 1937, f of the assessment roll for the year 1937, pursuant to the provisions of Chapter 105 of the Laws of 1916, as as the Westchester County Tax Act; presented a :)r the correction 1936, taxes of Section 33 of amended, known and 'WHEREAS, after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll; IdOIN, THEREFORE, BE IT RESOLVED, that the assessment roll for the year 1936, taxes of 1937, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Tom. Total 4 16 18B,19A,20 Frances Tv1. Nye 101150 $91000 $19,150 21,22B 0 be corrected as follows, in accordance with the provisions of subdivision 5 of said Section 33: Section Block Lot Owner Land Imp. Total 4 16 18B319A Frances iii. Nye $49300 - $49300 4 16 20521,22B it 5,850 $9,000 14,850 FURTHER RESOLVED, that the assessment roll for the year 1936, taxes of 1937, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Imp. Total 1 44E 53 to 81 New Rochelle Realty Co.$17,050 $$3,500 $20,550 44F 1 to 25A 58 _ 1 to 6A be corrected as follows, in accordance with the provisions of subdivision 5 of said Section 33: Section Block Lot Owner Land Imp. Total 1 44E 59 to 81 New Rochelle Realty Co.$$15,550 $3,500 x$195050 44F 1 to 25A 58 1 to 6A 1 44E 53 to 58 T. Roosevelt Allen 13500 - 12500 FURTHER RESOLVED, that the assessment roll for the year 1936, taxes of 1937, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Imp. Total 8 8 1 to 6 Tillie W. Chagaris $41000 - $41000 be corrected as follows, in accordance with the provisions of subdivision 5 of said Section 33: Section Block Lot Owner Land Imp. Total 8 8 1 to 4 Tillie M. Chagaris C,3, 000 - 03,000 8 8 59 6 It It ft 12000 - 1, 000 FURTHER RESOLVED, that the assessment roll for the year 1936, taxes of 19372 which shows property now appearing on the roll as follows: Section Block Lot Owner Land. Imp. Total 9 105 88 to 99A Satan' s Toe, Inc. 24,000 - $$'24,000 be corrected as follows, in accordance with the FURTHER RESOLVED, that the assessment roll for the year 1936, taxes of 1937, which shows property now appearing on the roll as follows: ction Block Lot Owner Land Imp. Total 7 44 314,5A Mary A. Rose 7,400 $12,200 $$19,600 7 44 5B, 637A Holly Drive Corp. 15,100 300 15, 400 12 to 15A provisions of subdivision 5 of Section 33: Section Block Lot Owner Land Imn. Total 9 105 88 to 92 Satan' s Toe,, Inc. $109250 - $$10,250 9 105 93, 94 tt tt 49000 - 42000 9 105 95 to 99A It It It 9A750 - 99750 FURTHER RESOLVED, that the assessment roll for the year 1936, taxes of 1937, which shows property now appearing on the roll as follows: ction Block Lot Owner Land Imp. Total 7 44 314,5A Mary A. Rose 7,400 $12,200 $$19,600 7 44 5B, 637A Holly Drive Corp. 15,100 300 15, 400 12 to 15A M be corrected as follows, in. accordance with the provisions of subdivision 5 of Section 33: ction Block Lot Owner hand Imp. Total 7 44 3,4,5A Mary A. Rose 7,640 '$'12,200 $19,840 7 44 5B, 697A Hildred B. Weiss 145860 300 15,160 12 to 15A A letter dated December 7, 19375 was received from Iv?r. T . Roosevelt Allen, requesting the installation of two additional street lights at Lafayette Road and Madison Avenue. After discussion the matter was laid over. The Town Clerk reported on the request of Ellen Cullen as presented to the Board at its meeting on October 20, 1937, for the cancellation of certain taxes on property known as Section 2, Block 10, Lots 31, 32 and 33. After discussion the matter was referred back to the Clerk for further investigation. A letter dated December 13, 1937, was received from Fire Chief ;eVino, presenting reports by Dr. VV:m. G. LeFurgy of Larchmont and Dr. Clifford N. Fulton of New Rochelle on the results of the physical examination of paid driver Robert Gibson. The reports were read to the Board and after discussion the matter was laid over. A letter dated December 6, 1937, was received from Keeler Incorporated, the Town' s insurance brokers, recommending that the Fire Department apparatus be covered by fire insurance. After dis- cussion the Board unanimously declined to purchase such insurance . The Board thereupon sent into executive session and dis- cussed the reports of the two doctors as outlined above concerning the health of paid driver Robert Gibson of the Fire Department. After discussion the matter was laid over. At 11°00 P. E. the Board unanimously resolved to adjourn. Town Clerk BEFORE THE TOWN BOARD OF THE TOWN OF MAMARONECK - - - - - - - - - - - - - - - - - —x IN THE MATTER -of the- Suspension of MICHAEL GALLAGHERy a paid fireman of the Town of Mamaroneck. — — — — — — _ — - — - —x Town offices , December 18, 19370 9: 30 A . M . PRESENT; BERT C . MOCULLOOH, Supervisor . MoGINNISS , MR. BATE 5 . MR GRIFFIN . MR. BRENNANs Constituting the Town Board of the Town of Uamaroneck, New YoTk. WALT ,R R . MARVIN � Clerk. JOHN DELIJUSP z5q . 1 ToTlin Coinrsel. tICiIAIiS S . L001140 , individually, and MICHAEL GIALLA(.,H ilf irglividually. 2 9UFZRVI50R MCCULLOGH: As I understand it, this is amatter which is before the 'down Hoard in the case of the suspension of Michael Gallagher , a paid fireman of the Town of Mamaroneck, pursuant to charges that have been filed by the Fire Counoil before this Board for approval . I am going to ask the stenographer to now record the appearances . Now$ as I understand it , this hearing is for the purpose of acting upon a letter received from the Chief of the fire Department dated November 6e 1937, in which the Chief states that he has suspended paid fireman Michael Gallagher without pay for a period of three days for sleeping on duty and for insolence and disrespect to the Chief of the Fire Department . And then to that letter there is appended an abstract of the minutes of the Fire Council held November 5, 1937, approving the action of the Chief. This letter that -vie have received states that the �s d actgon Of the Chie' an the Fire Council is p ry y the ry�j']ye ryy� $card° kT U.bj4 ' " 41 SZe ai°.wLVVA I 7ti.sh to rce.�:�% ts.e 7urther statement tha'� i �iiaE;l ':aas be„n informed of these charges a3a tr>, t the Towa hoard re txested z cm te ri_ye Counc 1 il 1rther a s against details concerraia the ch. rg .E' 11102�801 sad. t'a..a", on tiosrember 3 0th eceivel fxo SL iu t'€ e I e tteT 1�re. s l the Fire soffie further details etails and asking Council giving that the c> aotin 6i the Fire .Council suspending Michael Gallagher be app°eaved . 3t cw if you mill please read those letters , read V r . Clerk, letter is the `I moi st 7'10 -•amb`vr tstYs f�:cm rire Chief letter dat�'c. r Iae in<3 ;c trla T. Board own . n(s'antlame"i { oaln accoTdanoe ;pith the provisions Of i' �l of the L�a•ae Of lr)36 , I hereby Chapter 8 e`v tl vnt al 11,11p 10 ee Michael order that UE ? la.r�er be suspeded 2aithoat pay i' n or Gal �... 4 period of three days , subject and subsequent to the approval of the Town Board. for sleeping on duty at 11:45 . . , October 30, 19370 and for insolence and disrespect to me on October 31, 1937 . "In accordance with the provisions Of Chapter 821 of the Laws of 1936 , this order has been approved by two thirds of the members of the dire Council at the regular meeting held on November 5th, 1537. "A certified abstract of the minutes of the Fire Council meeting concerning this particular approval is hereby enclosed . " Here is the letter from the Fire Council under date of November 60 1937; "Abstract of the Minutes of the Fire Council meeting held November 5, 1937 . "Chief Levine ordered that Departmental employee Michael Gallagher be suspended without pay for three days , subject and subsequent to the approval of the gown Board, for sleeping on duty at 11:45 P .M. October 300 1937 , and R insolence and disrespect to his Commanding Officer, Chief LeVino, on October 31, 1337 . "Mr . Clifford moved that the action of Chief LeVino ordering suspension of Michael Gallagher be approved. Mr . Greenall seconded the motion. Upon calling of a vote, this motion was approved unanimously by all Wardens present . " "I hereby certify that the above abstract is a true and correct abstract of the minutes of the minutes of ,the meeting of the Fire Council of the Town of Mamaroneck Fire Depart- ment, held on November 9th, 1937. "Iiidney A. Peters , "Secretary, Fire Council . "The following Wardens were present at this meeting: "J. B . Clifford, B. A. LeVino, J . Forrar, W. McCarthy, C . Greenall, M. DeSanto, C. Heywood, R. B. LeVinoo :'The following wardens were absent from this meeting: 6 ffw. D. RicXert, J. W. 6weeney.'f And then a further letter from Sidney A. Peters , Secretary of the Fire Council , dated November 30, 1937, amplifying the charges: "Dear Sir: "Chief LeVino has referred your letter of November 19, 1937, to the hire Council, regarding the proposed suspension of giver Michael Gallagher. ;pl have been directed by the sire Council to advise you that at their meeting on November 6 , 1937, Chief LeVino reported: 11 (1) That he had personally discovered Driver Gallagher asleep on duty contrary to Department Regulations on the night of October 30, 1937 , at 11:45 P . g. " (9) That on the evening of October 31 ; 1937 , Driver Gallagher acted in a disrespectful, belligerent and insolent manner upon inquiry by the Chief into a routine departmental. matter . "Driver Gallagher was afforded full 0 opportunity by the Fire Council to personally give has own version of the occurrences but refused to do so, insisting on being represented by counsel. The Fire Council does not require legal counsel in the conduct of routine departmental business and therefore the intrusion of counsel for Driver Gallagher was denied. UWith full confidence in the fairness and sincerity of purpose of Chief LeVino and having in mind the necessity of discipline for the proper functioning of the Department and the protection of life and property, the Fire Council therefore approved the suspension of Driver Gallagher* OUT . Brennan, the Town Board 's designated representative$ was present throughout the Council meeting at 7bich Chief LeVino 's charges were presented and approved, andAs in the position to give the Board f urthcT details if required . "The Council fully belie4es that it has 0 acted in the best interests of the Department and the Torn and that it ' s arrToval of the proposed suspension should in turn be approved by the Town Board. "Respectfully yours, "Sidney A. Peters , "Secretary of the Fire Council . " UPERVIUOR MOOULLOOH Those will be made a part of the record. Now I may state that the witnesses will be sworn by the Supervisor pursuant to the Provisions of the 'Town Law, giving any `Down Officer power to administer an oath in any matter or proceeding lawfully before the Town Board or him. I believe that these charges have been made by Chief LeVino, and therefore I thinly we will ask the Ghief if he will be the first witness, and he will stand and raise his right haxfl and take his oath, please . QHIZF LaVINO: May I first suggest, there are some of the .sire Council outside and interested parties in this matter, who are awaiting the decision of the Town Hoard with reference to this matter. SUPERVIUM cOULLCUH: We feel that all witnesses should leave the room and only you two should remain here during the meeting. Therefore, we feel that the witnesses should stay outside of the hearing room until they are called, and then after they have testified they may be excused . CHIEF LeVINO: Well, the Council are not here as witnesses ; they are here as interested parties . Stole':-.VISOR MoGULLOCHt We have done this largely at your request, we thought, that this be a private hearing and not be open to any of the interested parties other than witnesses. How many are witnesses? CHIEF LeyINO; There are four members of the Counoil out there. That is all we could get — the others had to go to business . SUPTRVISCH RoGULLOCH: All right. We 10 will excuse the two of you and I will take it up with the Board. (tu ter discussion the Hoard decided to permit the members of the Council who were not to be called as witnesses to sit within the hearing room as spectators . ) SUPERVISOR UoCULLUCH; Now we might note the appearance of Mr. John Forrar, a member of the Fire Council, dr . C . H. Greenall, rMr . LeVino, Sr . , and qtr . DeSanto, all members of the Fire Council . And, as I understand it now, none of you are to be witnesses in this case, and you are spectators only. Now, Chief, could you mind raising your hand and taking the oath? Do you solemnly swear that the testimony that you shall give in oonnection with the hearing before this 'down Board shall be the truth, the whole truth and nothing but the truth, so help you God? CHIZF L--VINO: I do. SUP nvisu 3 mcJULLW'H : Sox the charges, 11 ate that You personally discovered I believev sto 19379 at 11:45 Gallaghe' asleep 011 October 301 her was insolent and die- and that Gallag 193 chief , "i , P3 ow, l an October zls from resp ect tl D�iohael Gallagher spend Fixema-a did You su to the ap duty, subje roval of the Fire ct p Council and the Town Poard GZ�Z��' ye`uST�.Gt I did - action StJ '" 15ov� Ile GL �G4 I 1las Your ap,pTovea by the �'Te Council? GIIIFV LeVI4 0. 't was * g understand s1 pt-.' Rdlsoll Ile G LLGGFI: 2SOb9 a� t you suspended Fireman it the charges staue that duty he was asleep on Gallagher beoause , fiistr the $euond, that on 193'11. ands ect6 on October 3Om he ,s c lsTesp evening of October 0 Ord you in conneCti insolent tow belligerex�t and zaade by Ynu in conneot with any inquiry , ton with a depaTtmental matter . Is .that true? u�iI:FF LeVTIQ: He eras . OTJT' >�VI54�Ft ycoULLOUH: Now relerring $o the first charge , namely that he raa asleep on 12 11 ' • x. , would :45 u�t ,�yha� duty ou ow-a Val t bout 11:451 ee tell in yon? ynu plea lc�,�7 , d ®n {}ntobe'r '� ' t a yproxiMately happens o'nallY • 11.450•x I3t Le-gjyjot o d`�ni' 15 nc is lay ohetom ? ire hnoau$si e , and of tile the 'ad tl:�e "`-1: closing the 1 exzt , "' =,as vs. after . �„� sittitsg the a1t5n oor iahaelaTlsgb nntned leauixgitia �,naT • . &•nd in the -room, nneis 1 and his V. mouth V oTe Of tYa a� t the 'v�1 head b ci i e nx tv minutes O% le his kn 1 Stayed the o Yxad ads .0oagideT= open&. i �ti Oil• tixe i"nl' eTvin because the obs" � nt3E�iYig in, Be • s0 rble Noise .i 1nd there was nG xeePnn door slams • 1 001a �OOT atsd oPenee 'Ghe a, a m e5st rust wo oov and it ma�ea it , snd it is a steel as Tesult of tTie a an �� consic3er$bl n�iee : , TnTWaTd t}alla her € Lid enlY droor baoise CV, bei'ug fa. bee�erLe' avate • I said the chs.ir and of Ya.im• ea a g11estiozs minded , I ast r t txom�° : Gallagher , ,u any tTnubla� a this i P11a *e y Because o.- ' t get YcLt Sleep? You 13 third time I found you asleep. " And it toot rasp the tact of a few seconds for him to � decisi©n what T said which t�rther verified my that he had been asleep. Instead of assuming the attitude so to Speak, of being in the wrongs ediately said, he became rather defiant and im" unless you came cayou oan' t tell me I was asleep well, S wasn' t in and shook me and woke me up * �-h him. I still going to debate the issue with told him I thought he wag asleep and it was not asleep- Ths the first time I had found him he charged me with picking on him and he said if it 'as one of the other drivers I would not have done It; tha t if it had been Driver And �g,bsons I •�rould have let , himoff - ,'rhich © i en�,a�ed in s '.ittle con on in a into the questio' ' b�aing Ckibson I said he needn' t ghee the. issue We e�e4,c dealing with t4a� a1le s and I knew they were u11friendlY tith dibsons but that' did not enter into it; it was confin¢ solely to this partioula- in cident • Then I of the fir@ asked him to come to the back 14 house . And I will deviate for a moment from the testimony and give you some information so that you will understand the situation. SUPERVISOR HcUULLOOR: This all has a bearing on this charge, has it? OT41E ' I sVINO: This has a bearing on the Charge of the fallowing night . SUPERVISOR YoCULLOUH: You will have to confine it to just this one charge . CHIEF LeVINO: I -f;a.nt to give you the entire details of what oacurred on that ps.rtioular night . SUPERVISOR: HoOULLOOH: 'des . CHIEF LeVINO: We have a oheck sheet . That is , the man or men on watch sign that they have oheoked the apparatus, and that is left in my. office at the end of the night match each night . Of course , that is important, to know that all the no7-le -dd hoses are checked* That in very important, so that we don' t go out of the house without our proper equipment. 15 That is clone so that the apparatus may always be perfectly in order.. sUp2jt' jsoR 110OULLOCH: When do they do that? duty? CHIEF LeVIHC They do that every day. SUPZRVIUQR HcOULLCCH: When they come on CHIEF LeVINO, Yes . It is a daily report sheet. And I have it right here. This is the one for Friday night . The sheet which was checked okay on Friday *sight, on Saturday morning we found a flood light missing from the truck, which made one end of it useless. So I asked Gallagher to come back, and I said, "Did you know this was jaiss ng`' " And he said, 9 No . " S iPEaVIS aR '110GULLCC:i; This is at the same time you caught him asleep? 0 IEZ LeVIHC: This is at the game time I caught him asleep. So I asked him if he knew this was missing, and he said no . I said, "'dell, you signed the truck sheet that the truck was okay. " He said, "Yes . " I said, °'Did you look 16 at the truck? " He said, "Ito . " 6o I walked out of the house . That, I think, rather covers the conversations of the first night . That is the end of the first charge . SUPE'RVI6GA I;oGULLOUII: I wonder if you would mind going over that part of it as to how you assured yourself he was asleep. Just ghat aid you do that assured you he was asleep? OHILF Let'INU: Well, i observed it, and from vIer_e I stood I could see every detail. The man was laying back with his head against the wall and his mouth open and his eyes closed. tLIL . MoGININI:s; Where were you standing? 0:II2F. LeVILD: About ten feet Prom the door to the room. And when I opened the door, which makes considerable noise, he dropped from the chair and opened his eyes . And then the further fact that when I spoke to him he did not 'reveal any alertness for a moment or two verified my decision that he was asleep. :at3'i'RVIUQR lacC'JLLOCH: The door was closed? UH12Y LeVIHG : The door was closed. 17 egg.. GRIVFIN-, Was that door supposed to be closed always? GHI F LeVIUG: It can be closed or not, depending on whether they went heat . �UF I�VI ;ri 110CULLGGH: You hadn't spoken or called in any way until you opened the door? CHIEF LeVIHG; That is right . 3tiY%i. i GR MCCULLGCH : And at that time he Was awake? CHIEF LeVI G. He awake as I opened the door, as the door makes a considerable crash as you open it . It is a steel door . As I opened the door, whyr he dropped forward in the Chair and came up like that (illustrating) . UpERVISGR MOCULLGCH: has there anyone else there with you? CHIEF LeyING No _ Andt to my knowledge , . there was no one there; I saw no one anyQaheres none of the firemen. SUPERVIBGR McCULL®GI": What orders were given by you to Gallagher in connection with his duties in the fire house at the time and 18 place mentioned, general or special? CHIEF LeVINO: His duties? SUM V13OR UcCULLaCH: Yes . In other words , you have a :list of r:zles and regulations? 01117,F LeVINae We have a list of rules and regulations going away back into the time of Chief Bray and Chief HoTgell . At that time rules and regulations were issued, and since I have been in office, in addition, the rules or regulations or codes are given in written form, and they a re put in the 'book for that purpose . SUpEavISQR HoCULLOOH: Does the Fire Council ever adopt any such rules or regulations? CHIEF LeVINO They approve such regulations as I have given- we have one set here . perhaps this is what you might be referring to. Do you wish me to read it in full? It may have some bearing on the natter. It is under date of June 4th. SUPERVISOR cCULLOCH: What I am trying to get at is , you have the right to adopt rules and regulations? 19 CHIEF LeVINO: Oh, yes . Yes . SUPEI'VISOR McGULLOUH: Then they get printed, and I am not quite sure whether the law says they shall be submitted to the Town Hoard for approval or not . Now has that been done? CHIEF LeVINO: Why, yes . Rules and regulations have been issued and approved by the Council . And, of Course , they extend back over years . There are rules and regulations existing today that have been promulgated and approved by the Fire Company going back for ten years . The additional rules and regulations are added in that form. SUPE vIsOR oCULLOOH: But you have no printed rules or regulations? CHIEF LeVINO: Oh, yes . Each man was issued, under Chief Hornell, back in 1930, one set of rules . SUYEiVISoa cCULLCCH: And in that was Covered the question of duty, as far as when they should be asleep' 20 OHIEF LeVINO: Oh, yes . Normally, that calls fox one man to be permitted to go to sleep at night — of course at this time we were working under emergency conditions . °UpERVISOR McCULLOGH: Can you give us evidence of those rules and regulations , so that you can prove he was violating the rule with regard to sleeping on duty? QHXS + LeVINO: Weill I have no copy of them here But there is no question a man at the alarm desk should be awake on the job . It is the sage as a police sergeant on the desk. It would be a foolish thing for a man to think he should not be awake on the alarm desk . SUPERVISOR cCi3L"JOCK1: That may be true,c but vh',It We €«n9 to snow is was he presented with a set of Tules and regulations? CHIEF LeVINO : Yes, vender Chief Howell . As a matter of fact , the watch hours of these three men, o" this taToe—mean :shift, as we call it , t, e e issued to thr; men? in the beginning of 21 my regime, and, in Pact, I have a signed copy. a. MOGI lI45 : That -jas not issued orally, that was in Writing? CHIEF LeVINU: That was in writing. sUpEFjVIsQR, 110OULLOCH: Was this given to the men? URIEr LeVINO : Yes . That is my own copy, and they have a copy in the book on the desk . SUPERVISOR McCULLOOR: And do they initial it? CHIEF LeVINQ: Well, each man sees it and returns it , and it is put in the book . That is - matter Of record. SUPERVI5OR McCULLOCH: Was that posted on to the bulletin board? CHIEF LeVINO: No. We feel that the voluntee_TsaTc not entitles to observe that; that is a :natter between the Chief and the paid men. SUpER.VISQR. MOGULLQJH: You say you made certain statements to him about the fact that this was signed, and he admitted, according 22 to his conversation with you, that that had not been done, the apparatus inspected? ;FIE: Le'ISO: That is right. SUpZRVI50R LOoULLoa : 'therefore, I think we ought to have this as a part of the evidence, this daily report sheet . (`two sheets are marked Exhibits l and 2 . ) SUpZRVVISO j McOULLOOH: Now have you anything further that you would lite to say as to the first charge? CHIEF LeVINO: Without anything prior ar anything subsequent toy I have not. 2UprLRVIsoa MCOULLOOH: Fag any member, of the Board any further questions they want to ask relative to the first charge, that this man was asleep? MR. GRIFFIN: Was he allowed to sleep that night at all? (MIFF LeVIUO : He was allowed- to sleep after twelve . They have a cot which they brim dorn. I right say, relative to that question, that under previous administrations 23 the men were not given as much time to sleep as I have given them. When I came in, on the 24-hour shift he was awake for 48 hours, from the time he left his home until he returned. When I came in I decided that was too long for them, from the effioiency standpoint and the humane standpoint, and the man was given an additional five hours of sleep in the evening. Under the emergency set-up, although the man is on the night shift and theoretically being paid to sleep at home in the daytime , being paid for working, I have been liberal enough to permit him to brim; in a cot to the alarm room and steep from twelve to seven in the morning. But, under ordinary regulations which exist in all departments; when he is being paid on the night shift there is no reason that he should not sleep at home . Under ordinary conditions they sleep at home every second night . gUpERvj50R MoCULLOCH: I wonder if you would mind telling us about the previous 48 24 hours; when did he start on duty? CHIEF LeVISO: Oh, he started on duty at 5: 30 that night . SUPERVISOR OCULLOCH: Had he been on duty the previous 24 hours? CHIEF LeVIHO: Oh, no. He had been on duty the previous night . SUpE,IVISoR MoCULLOCH: He had been on duty the previous night? UHIIF LeVIVQ: Ohs yes . SU 'ERVIZOR 110UI3LLOCII: And as to that a previous nighto how many hours was he on duty? CHIEF LeVINO: Just a moment . I will wake sure that that is correct . This book gives the record of the watohes . That would be Ootober 29th . Yes . He was on duty the previous night at 5: 30. SUPZRVISOR MOCULLOCa Iie was on duty the previous night? aPII'F LeVIHO: Yes . YR. HcGINNISS: And when did he go off? CRISP' LeVINU: The following morning at 7: 30. 25 R. MOGINNISS : So that he was off from 7 : 30 in the morning to 5: 30 at night on Saturday? CHIEF LeVIKO: He waa off from 7: 34 to 5: 317 on Saturday, but he slept there -- SUpZjvISOR MOCULLOCH: The previous night he went on duty at 5: 30 in the afternoon? CHIEF LeVINO: That is right. SUPERVIUOR McCULLOCH: And he was presumed to be awake and alert and on the job in every sense of the word until midnight? I CHIEF LeVINO: That is might. SUPERVISOR mcCULLOOH, And at midnight he could then sleep until seven the following morning? CHIEF LeVINO: That is right . SUPERVISOR OC?ULLCOH And then he went off duty? CHIEF LeVINO: That is right . SUPERVISOR 110OULLOUH: And then he came on MMM 26 CHIEF LeVINO: At 5:60 Saturday night . ti7P ' YI O 4 I;oCULLOC : At 5: 30. Saturday night, and he was presumed to be awake and alert until midnight! 0E1IEF LeVINO: That is Tight. uunRviuoR cCHLLOCH: And then he could sleep from midnight until 7: 30? CHIEF LeVINO: That is right . SUPERVISOR MOCULLOCH: ?dhen he went off duty again? CHIEF LeVINOt That is right . DAR . GRIFFIN: After they go to sleep at twelve o' clock is there anyone else there to answer the alarms? CHIEF LeVI-NO : Vo . They sleep right in the alarm room. uR4 GRIFFIN,: So that the fact is , it was no wore at that time than it would have been later on in the night, had an alarm come in, as far as answering the alarm if it had gone off was concerned? CHIEF LeVINO That is correct . 27 3. GRIFFIN., The situation was not any more dangerous then?. CHIEF LeVINO : The fact is it was, because the house was open and anybody could have sulked in and stolen a piece of apparatus. He did not awake when I came in and opened the fire house door, and r a .. •.. have done . a: and stolen a piece of apparatus. MR. GRIrrIH: I was trying to find out whether or not the thing was not covered as well as it was later on, and you said it was . 5'UFERVIUOR MoCULLOCH- But your Te gulations stated he should be awake until midnight? CHIEF LeVINO: That to Correct. . GRIFFIN: And this was 11:4:54 CHIEF LeVINO : That is correct . MR . GRIFFIN: Fifteen 5UPE1?VI$OR licOULLOOH witnesses that you wish to the first charge? CHIEF L®VINO: I have was nobody there at that t minutes before . Now have you any but on relative to no witnesses . There ime , to my knowledge . 28 SUpERVIsoR MODULLOCH; hell, now, then I think we might ask you to tell in the same way about the second charge . CHIEF LeyINC., The following night - that would be Sunday evening - at, oh. I don' t know, somewhere between eleven and twelve, I should imagine , I just carne in the house, and before I entered the door I noticed the two red lights we have outside the building were unlighted. Now, they have been lit every night after dark since I installed thew about four years ago. And, without any thought whatsoever to the previous night' s action, I noticed, by the way, that this ex-cop, Cullen, was talking through the alax.m door to Gallagher, and I said in an ordinary tone of voice, I said, "Mike, your red lights aren' t lit . " Instead of coming out, "Yes, six, " and lighting tb.emp he gave me a rather belligerent look and he says, "Do you want them lit? " I said, "Certainly I want them lit. That is what they are there for He said, 017ello they haven' t been lit much 29 lately. " "Well," I said, "they may not be lit much lately when you are on the job, but they are lit regularly when the other men are on duty. " Then I went to the alarm room, and Gallagher followed aye in and stood behind me . He stood right behind me, partially blocking the exit to the door, and with his hands on his hips in a defiant manner. And at that time I turned ground and I said, "Mike, if you are looking for trouble you will get it. " He says, "Go to it . " I said, "ghat looks like insubordination to me, 'P and gushed by and went out of the fire house . That is the sum total of the second charge. MR4 HGGINNI9 : Who lit the lights, Chief? CHIEF LeVINO: I don' t know even if the lights were lit . I left the fire house then. R. Gr�IFFIN: Did you p%sh him so that he fell over a radiator? CHIEF LeVINO : I did not . That is ridiculous . MRS . McGINNISH' Had the lights been in W order bight aloxg7 GHI F LeVINU: one light had been out, but it had been repaired about three or four weeks prior to that by one of the boys in the fire house . R . 140GINNISS : They had been in order Tight along from then on? GHIEF LeVINO: Yes, they had been for some weeks . One of them was out and tnen one of the valunt€ere repaired the one that was out, and they Rrrere both funotioxiis:g then. MR . MoGINII1133 as that a routine order that WRS given, that the lights should be on? GHIU Le VINO : That is like telling a man to push away a cigarette stub; it looks too picayune to put in Writing. SUpERVISOR MOGULLOOR: Hid you have any orders 'there ar anything of that nature with reference to the lights? GiIrU LeVINO: No . SUPEEVISOR McOULLOGH: In other words , were there definite orders about when the lights 31 should be lit? CHIEF LeVINO : There may not have been a vmitten order when the lights abouid be lit' but there was a verbal that the lights should be lit, and every man kneT it . Mid. GRIFFIN: Well, that was the custom? OHINF LeVIN9: That was the custom. It is a matter of oustom - no more than lighting the lights on the apparatus floor . It is a matter of detail . +?e eanit issue orders for every little detail. SUPERVISOR HoC3ULLOOH: You say when you asked hWf he was looking for trouble -- CHIEF LeVINQ* I said, "mike, if you are looking; for trouble you will get it, " because his whole attitude was he was looking for trouble . By that I mean he was defiant and belligevert , and not acting as an employee to his superior officer in any manner whatsoever . SUPERVISOR meOULLOGH: And his reply was, "Go to it "? CHIEF LeVINGS "Go to it . " And his general 32 bearing was one of that attitude, belligerent, defiant and dierespeotful. SUPERVISOR EcCULLOGH.; Were there any other persons present? CHIEF LeVINO: The only person I saw in that fire house was Cullen. SUPERVISOR ycCULLOG H: Fell, have you any further statement to make in connection with that charge? CHIEF LeVIUG: Rio . That particular incident at that time, that is all my testimony. SUPERVISOR 'cCULLOOH: Have you af'Ly witnesses that you want to ;present that have any bearing that woro witnesses to this that could be n-esented? CHIEF LeVINO: I have no witnesses to either charge or the action on either charge. SUPERVISOR McGULLOC:H: Where was Callen at that time? Mr . Griffin *.could like to know where Cullen was at that time . CHIEF LeVINO As I entordd the fire house, to the ?pest of my recollection he was Standing 33 in the doorway of the alarm room talking to Gallagher . Gallagher may have been standirg or sitting, I don' t know, because my view was blocked. But I came over toward the alarm room and I was looking in the mail box, and merely observed that the lights were out, and the conversation followed. MR . CGININI ``i: Hid Cullen remain there? CHIEF LeVINO: He was present, yes, and he was there when I left . UUPERVIsOR OGULL)UH Was he close enough to hear your comments? UHIEF LeV1110 : Test he was right there . SUPERVISOR iLcOULLOCH: Gallagher, have you any questions you would like to ask the Chief? UICHAEL GALLA IHSR: Well, no, Supervisor, not just now. SUPERVIUOR 140CULLOCH: Noll, l;r . Gallagher, we will hear your arcs-ger to the charges . Will you please raise your right hand . Do you solemnly swear that the testimony that you shall give in connection with the hearing 34 before this Town Board shall be the truth, the whole truth' anal nothing but the truths so help you Cod? i.: ?iA''.L GALLAGHER: I do. SUPERVISOR oGULLOCH stow, Mr . Gallagher, how long have you been in the employ of the Town of Mamaroneck as a paid fireman? MICHAEL GALLAGHER: For ten years, it will be , Mr . Supervisor, in July, next July. SUPERVISOR MoCULLOOH: When you were first appointed ox employed did anyone in authority gall to your attention any rules or regulations that ,could govern your conduct or your duty? MICHATL GALLAGHER: i:'hy, 4, e got regulations at the time governing what we had to do in the fire house — to the appavatus , and cleanirg up the house; and. so on end so forth. suni-maoR moCULLOOH; Then you did receive , Tales and regulations and so foTtY ? MICHAEL GALLA TR: Yes, we did. Yes , Supervisor . gUpr.TjVI SOR cCULLGCH: After this first 35 time, during your ten ye€av period, have You received any printed or oral inetruction.s concerning your duties? UIOHA-CL GALLAGH'R: Yes , sir, we had a copy . 3UPTRV15OR LcOULLOOH : I now show you this Fxhibit Z . Have you had a copy of that? IiICR I G LLA�H'R : Yes . 7e got a copy of that issued by the Ohief . TJP.�RVISOR cOULLOOH: Nov Exhibit 1 . Look at that and say did you sign that. Is that your signature? 1,110HAEL GALLAGHER: Yes, that is my signature. UR. MoGINNIGS : I don't think that has anything to do with the present issue . Sup RVISQa yOCULLGOH: Nell, we have aaem tted. it in evidence . Nov, Gallaghery you are charged with first being asleep on duty on October 30th at 11:45 5 . . y . , and being insolent on October 31st . Ye w. you on duty in the fire house on the night of Ootobt r 30th? 36 iilC iAEL GALLAG42R: October 30th, yes , sir . SuPERVISOR MCUU LOCH: You were? ;ICEAEL GALLAGH4R4 Yes$ sir . supra iaoR MaQULLOCH: And prior to taking* up this duty ghat instructions did yoi.}lreceive and from whom did you receive them? 11116HAEL GALLAGHER: Why, I came on duty at 5: 30, and the department instructions are Teceivod and Mr . Nolan gives them to me when he comes off duty. If there is anything that occurs that the Chief grants to know, why I give that to him when he comes in. SUPERIJISOR mcCULLOCH: Were they written or oral instructions? UIQHT 2L GALLAGHER: They were oral . SUPERVISOR mcOUL%OOH: Diu you see Chief LeVino in the ?leaver Street fire house while you were on tut, on the evening of October 30th? MICHAk L GALLAGHZR: October 30th, yes . SUpERvISOR ooULLOCH: Now will you tell us in your own way just what happened? 37 MICHAML tr`ALI A-HH-M : Well, at 11: 50 P • - on October 30th Chief LeVino carne in and opened the door, and when he opened the door I got up. T was resting my eyes ; I was listening to the radio and T had my hand tip over my oyes, shutting the light off me . And as Chief Le Vino -entered the door T got up, and he says, "loo you get enough sleep home, bRike? " And so I hesitated a little while and says , "What do you mean, Chief? " He saido "you were asleep . " T said , y" 9o, Chief, T was not asleep. " He says, "you have been asleep now every time I come in here every night . " I said, "rOhief, that Is wrong; you never caught me asleep . °4 I said, "Gibson.. my side kick down, here , " I said, "yo., have come in several times and found Gibson asleep, but why pick on me?" So he mentioned to me again that I Wa:s asleep, and several nights he came in and caught me asleep . And T said, "Fell, 0hif, I .haven' t heard about them several nights y^u came i<a; why didn°t you tell me 36 about it? " 30 I SaYet "you know I ra:sn't asleep . Didn' t I Eet up when you entered the door? ar I says , 'fI thing you got the wrong attitude, chief" - that is what II said, "I think you, have got the wao ng attitude. " So theta the Chief went back to the back of the apparatus floor and he called me back these WIN gone off the flood light of the truck, and if I had seen it, and I said, "No, I haven' t seen it . " He said , "Did you knor it was off there?" And ,I said, "No, I didn' t. Chief . " sUPZRVIsOR UoCULLOGH: All this was on the night of the 30th? MIOHAEL GALLAGHER All this was on the night of the 30th , so we parted at that, and I didn' t hear any more word about it . SUPERVISOR moCULLOCR: Was anyone present at that time? MIORML GALLAGHER: Nobody present. SUPERVISOR MoCULLOGHt it is my understand- ing from your ')estimony that you first saw the 39 Chief when he opened the dour? HIPaHAEL GALLAGH,nR: Year sir . S PERVIBOR McOULZaOOH: '.t°he alarm Toom, that Is -- MICHAEL GALLAGHER: The little alarm. TOOM, yes, sir.. SUPERVISOR mcOULLOCH: The door to the alarm root? MICHAEL GALLAGHER: Yes, sir. SUPERVISOR MoQULLOCH; You had not seen him previous to that? MICHAEL GALLAGIM : Ito, sir . SUPERVISOR MOCULLOCH: Now did you have any conversation with Chief LeVino on the evening of October 31st? MR. moGINVIHa: You heard the Chief testify that when he entered the room and opened the door that your chair was thrown back against the wall and your head was back and your mouth open? XICHAEL GALLAGHER: No, sir, it was not . I was sitting there listening to the radio, and that is the way I was . I wasn' t 'back against the wall. At 11: 30 I got up and got a oup Of coffee and I :vent in and tinned on the radio again; and I was just sitting there Taaith my hand over my eyes , shutting the light off . I wasn' t 'bask on the chair, MR. MoGINNIS : This order that you say you received reads "If any man on desk duty after twelve midnight be Pound asleep I shall pre Per charges against himt " as I understand it you had the privilege of being asleep after twelve? MIGHAZL GALLAGHER: yes, ,qo had the privilege of being asleep after twelve . GHI7,F LeVI30: That refers to the normal shift; gait= tt:To men. on duty. up., MCGINK1 «3: Had you any orders or directiore ox inst notions about sleeping prior to twel 7e O ' clock? MICHAEL G LLAGH7R: Not I did not * aiR . IrCGIN jjas: 71eTe there any printed instructions handed to you° 41 MICHAEL GALLAGH2R: That is the only thing that was handed to us . W1 . McGINNISS: Other instructions have been spoken of as having been given to supplement those given under Chief Howell. MICHAT L GALLAGHER:: Igo, we re ver got them under Chief Howell . This was issued by Chief L--Vino . MR. McGIXNISS: What were the other orders that were referred to, that were in printed form? MICHAEL GALLAGHER: There was no rule as to sleep. ? e got the orders when we came in, that one man had to sit Lap and one man had to go to bed at twelve o'clock, and remain there until 7: 37 in the morning, MR. mOGINNISS: That was always the rule in the Fire Department? MICHAEL GALLAGHFR Yes .:. JJR. ycGI : NISS : And you got that? MICHAEL GALLAGV-1: 'des .: MR. GRIFFIN: Jell, you knew,, anyway, when 42 you were on duty you should not be asleep? MICHAEL GALLAGHER Yes, I did, sir. SUPERVISOR UcCULLOUH You knees it was a violation of the rules if you Were asleeP before twelve o'clock? 101M L GALLAGHER: Yes, sir . BUPERUISOA gcOULLUCEI: Any questions by any other members of the Board on the first charge, namely, that he was asleep on Qotober 30th? �M . GRIFFIN: I3o, except that I would like to know whether the Chief heard the radio when he came in. 14r . Gallagher stated the radio was running; and he was listoning; to it . Did you hear the ra dio when YOU came in? CHIEF L,eVINO: If the radio wE8 going; it must have been pretty low, because it made no impression on me that any radio was going. 3UpzRvI9oR LcOULLOCH Any further questions ? Did you have any conversatlon with Chief LAyino on Cctobew .31st, thra} is the Yollo ?ing; evening? MIsd UtZL GALLAGH'7.:. 1te. s*. I did. 43 SUPERVISOR McGULLOCH: What was the occasion of your conversation with him? MICHAEL GALLAGHER: 'dell, Chief Le Vino came into the fire house at 9.48 P .M. on that day. He went back to his office and he came up . He was there a few minutes and he came up to right across from the alarm room, and he looked at a little desk there that is in the front of the building , and he took a couple of steps over the floor and use says,, "Mike , haven' t you got the lights on on the outside? " And I said, "No,, Chief; if you went them on I will put them on. " I said.$ "I haven' t had them lights on for a year and a half . " I said, "If you . rant triers on I will put them on. " He saidq "Do I have to repeat the rules and regulations of the fire house every time I come in here:' " And I said; "Xo, Chief,: you don' t . " 90 the Chief said, "I are going to take you up on charges. " And I said, a1u7eli, I did nothing to take rye up on charges, {chief. " So he said the same words again, and I said, "All right,, [!! Chief, you can go to it . ie I said, "I don' t think. I have done anything wrong to take me up on charges . " So the Chief went into the alarm room, and he was looking for the book of regula- tions to see if there was anything in the book to show that the lights should be on. So the Chief didn' t take the time to look for the book, he turned around, and I was standing in back of him, and he pushed me ilalkhe stomach with his elbow and shoved me with his left hand over on top of the radiator and said, "It is insubordina- tion for you, 9 and he walks out of the fire house . MR . moGINNI°S : Was there anything in the Tales and regulations requiring that those lights should be lighted`: MICHAEL GALLAGHLF%,: Yes . We got a written statement from Chief LeVino on the lightirm system — what lights should be on and what lights should be off-. MR. MoGINT 188 : And you were served with those written rules? 45 MICHAEL GALLAGHER: Yes . And there was nothing in the rules to show that those lights should he on. Those lights were out of ecim- mission for over a year . MR, MoGINNI`U: gait a minute. I under- stood you to say there: was something requiring; that those lights should to lit . HIUHAHL GALLAGHER: Not those lights . There was nothing to show that the lights oat— side of the door should be lit . 5UP3i:Rt*ISOR mcOULLOOH« Did you ever put those lights on? ..UIUHAEL GALLAGHER:. Yes , I did. They were out of commission for pretty aca.r a W ar . SUPIRVISQR. cOULLUCH: Say in the previous thirty days had your ever put those lights on? HIUHAEL GALLAGHER: Yes . They are on all the time 'note. SUPERVISOR k:cQULLGUfI: No. During the month. of October had you evev. had the lights on? 9I10I1ALL GALLAGHER: _ Not sir, I had not.. I never taia ed them can then,. 46 SUPERVISOR McCULLOCH: On any taus of duty you had never put those lights on in the month of October? MICHAEL GALLAGHVR,: No six. SUPMiVISQR HcOULLOUH: Was there anyone else present? 10HAEL GALLAGHER: ar . Cullen was present SUPERVISOR McOULLOCdi: Did you have any conversation with him? HIUHAEL Gd a.LA GME2: lar. Cullen? SUPERVISOR MCOULLUCH: Well, never mind that. Has anyone any questions? 111. MCGIlIIISR : Is there any further statement that you want to make in connection with it? HIuHA"L GALLAGII Fl: Flo, that is all I got to say. SUPERVISOR b1cQULLQQ11* Has any other person got any questions ? CHIEF LeVINO: You said to this Board that I pushed You over on top of the radiator? MIGHATL GALLAGHER : y'en's Chief . 47 CHIEF LeVINO: How much do you weigh? UICHAEL GALLAGHER: About 1£35, CHIEF LeYINO: You also stated to this Board that I went in the alarm room there looking for the rules and regulations. How do you know that'd MICHAEL GALLAGHER: Well, you mentioned the regulations to me . You asked me if I knew the rules and regulations . UHIrF LeYIHO: You stated twice, I believe, that I said, "Do I have to bring you up on charges` " Is that Correct? MICHAEL GALLAGHER: Yes, Chief:. CHIEF LeVINQ: That is all ,. SUPEBVISOR ucUULLU :ra: Have you any further witnesses that you want to bring in? ,3IUHAEL GALLAGHER: Yes . Hr • Callen is GA!�� 48 j U H h G U L L E U: called as a witness , being; duly sworn by Supervisor Oulloch, testified as follows: BY SU SRVI50R etcW'JLLGC.Hi: Q Where do you live? A. 15 5heldra.ke Avenue , Larchmont . Q Have you ever been a member of the Fire Department? A. No, air . Of Weaver Street? A No , sir . Were you present in the fine house on the evening of Qotobe" 33., 1937, bet4veen nine and ten o' clock? A Yes, six . Q Will you cell as in your own aresrds What you observed? A I had been talking to Mike ' Gallagher and he was sitting in Vac ela-m room and I ryas standing in lthe door talkin to him, and ;thief LeVino came in and he went back to his office , and he was back there a coup?e of minutes and he came back to the front of John Cullen 49 the fire house and he loomed in a little desk there and he turned around and he asked Gallagher what was the matter with the lights outside of the fire house . So Mike says, "The lights hasn' t been lit in over a year, but if you want them lit, Chief, I will light them for you. " So the Chief said, "Have I got to read the rules and regulations to you every time I come in the fire house? " Tie said, "Or do you want to go on charges? " And Gallagher says , "I didn ' t do nothing. " He said, IfDo you want to go on charges? " And Mike says, "All right, if you feel that way about it . 1° 5o he walked over to the alarm door and he said, "Do you grant to go on charges? " And hike said, "I didn' t do nothing. " So he gent over to the desk and seemed to be looking for something, and he turned around and hit Gallagher with his elbow of his right hand , and as he turned around he put his left hand against his shoulder and pushed him away , shoved him away, and so he walked toward the door and he said., "Insubordination, " and he walkers out of the door . Aad that is all. SUPZRVISOR ycCULLGCH Does any member of John (lullsn 50 the Board want to ask any questions? Gallagher, do you �a.nt to ask any questions? )1I+4Z3AaL GALLA(M37R: Not I don't . sir. SUPERVISOR mcOULLOCE Chief, do you want to ask any questions? CHIEF LeVINO : Yes . BY OHIEF LeVINO: Have you had any conversations with Mr . Gallagher since the incident? A Since then? Since then, yes . A Nhy, yes , I talk with Gallagher all the time . SU ERVIUO� MoOULLOOH: I don' t think you can ask that . ula. GPIE1+'Ix: I don' t think that is a fair question, beonuse it has to be presumed people rill talk about those things . ,; You stated to this Board that I said to Gallagher, "Do I have to bring you up on obarges "? A Yee, that is right . OHIEF LeVINO: That is all . SUPERVISOR McCULLOOH: Any further questions? John Cullen 51 BY MR . GRIFFIN: '='dell, I would like to ask if it is perfectly fair to assume that a man could hardly be in the best of nature when these things happen; did it impress you that IT . Gallagher talked to the Chief in an insolent manner? A -No, sir . He said, "Yes , Cries, I will turn an the lights if you want me to, " and he was courteous, and he seemed 'to want to do anything that the Chief asked him /thet was reasonable . BY SUPZRVISQR. jjcJULLO-j4H: q Did he put on the lights? A ',thy, he did.. q And the lights wcre working then? A Yes, the lights were working then. BY MR. GRIFFIN: But you do say that the Chief pushed him to one side so that he fell or leaned against the radiator? A Yes, sir . Q You saw that yourself? A Yes , sir, I saw that myself . 5� zFSPI VISOR MoCULLOCH: Any further questions ? If not , you may be excused. Nowt Ohief, have you any further observa- tions that you want to take? CHIEF LeVINC: I know Mr . Griffin raised the question or asked the question about whether the man was asleep fifteen minutes before the time he would have been permitted to. But the point is that I want to point out, the teen are not parmitted to sleep under the emergency conditions unless the fire house is looked, anal that if a man is asleep before that period and the fire house is unlocked anybody may go there and interfere with the apparatus . And the further question as to the issue of the 04 lights: That had no bearing whatsoever on the charges or on the penalty thereof, whether the lights were lit. That was merely the issue that led up to Vlis discussion of insolence . The fact that the lights were not lit and he was derelict in his duties for that reason is not in the o'xa.rges whatsoever. 53 SUPERVISOR MoCULL00H; Were there written instructions 't ,ot those ligo.ts should be on? 0HIEF LeVINO: To my kno:vle(age there were no writ ten. instructions Th,era> were a good many instructions I gave which are verbal and which are a oustom and which are followed. One of those wasp when I first came on the job — because I put the lights 3xp myself as a matter of fact before= I became the Chief I told the men to light the lights at dark and leave them lit until midnight. CUPFRVI sOH me+ULLOJH So that you Bay that was a verbal order of yours? CHIEF L=VINO; Yes . , SUPERVISOR PicGULLOCR; Do you, Gallagher, admit that 'the° = was a general instruction that those lights should be on? MICHAEL GALLAGH R: They were at first, and thew they r;ero ou., of commission for about a year, and then we ddd not troublo to turn then on. Sur-RVI%OR moGULLOCH: Did you know that the lights had been TepaiTad? a4 I,iICHi uL CAL?.AGHM: yes i. I did . SUP RVISC II 14,cCULLGCH: And you dad know there weze instructions that those lights should be on? itZf HAIL GALLAGHER: yes , o UFT*RVISQR jixcCULLQCI-,: So ,that after they were repaired you did not turn there on? UiUiiL2L3 GALLAGHER: No. They were not on for a. year. CUPERV"ISG;3 m cOULLOQH: But you knew they were repaired? 1110HAEL G,�LLAGH R: I knew they were repaired . SUF. 1cV ISOR �TcUULLQC%9 And you did not 'put there on? MICHAEL GALLatIMM�: I did not put them on. : UFw+RV'150R McUUL+LOCH; Had it ever been called to your attention 'before that those lights had not 'been put on by you? P-1CHAXL GALLAukiER: N--VeT . SUr,ERVISOR U-.CULLOCH All right. I guess there All be no further questions , and we can 55 excuse they witnesses , and the sown Board will prooeed. (sill parties present left the room to permit the sown Board to deliberate . ) After deliberating, a vote was takers which resulted as follows, For approval of the suspension of Fireman Michael Gallagher without pay for a period of three days: Supervisor McCulloch Mr. Bream . 'r . XcGinniss Mr . Bates For disapproval: Mr. Griffin The suspension of Fireman Gallagher, as requested by the ::hie-4 and Fire ,council, therefore etands approved. 'Michael Gallagher theca returned to the room and the depinion of the Boar.ca vas read to him. )