<!--Rick Forgione--><table width="234" border="0" cellspacing="0" cellpadding="0" background="http://static.cnhi.zope.net/flashpromo/niagaragazette/images/byline_234x60.jpg" height="60"><tr><td><div align="center"><font size="3" face="Arial, Helvetica, sans-serif">By Rick Forgione</font><font face="Arial, Helvetica, sans-serif"><br /></font><font size="1" face="Arial, Helvetica, sans-serif"><a href="mailto:rick.forgione@niagara-gazette.com">rick.forgione@niagara-gazette.com</a></font></div></td></tr></table>
The city is contemplating an appeal to the State Supreme Court’s Appelate Division after its attempt to block suspended Public Works employee James Curtis from returning to work was denied this week.
Curtis, who was initially charged with a hate crime in August 2008 after he admitted to writing and posting a “whites only” sign above a drinking fountain inside a DPW garage, is back on the city’s payroll and eligible to return to work, Corporation Counsel Craig Johnson said.
The city received word Wednesday that State Supreme Court Justice Ralph A. Boniello III ruled against the city and in support of an aribitator’s decision that firing Curtis for his actions would be “excessive” and that he should instead be suspended for 50 unpaid days.
“I believe we have 30 days to make up our mind if we’re going to appeal,” Johnson said.
Any appeal would go to the Appellate Division Fourth Department in Rochester.
The criminal charges against Curtis were eventually reduced to second-degree aggravated harassment and the hate crime designation was dropped after prosecutors said they believed Curtis’ actions were not racially motivated. Curtis has maintained the sign was only meant to be a joke. After pleading guilty to the reduced charge, he was sentenced to three years of probation in February by Chief City Court Judge Mark Violante.
A 27-year DPW veteran, Curtis has been on suspension from his job since the arrest. He returned to work for one day in October after serving a 20-day unpaid suspension, the limit allowed by state Civil Service Law. He was then placed on paid suspension while the city continued proceedings to fire him.
James R. McDonnell, an arbitrator appointed to resolve the dispute between the city and workers union, ruled in September the city’s proposed penalty of termination was excessive in relation to the act and called for reducing the suspension to 50 workings days without pay, of which 20 days had already been served.
The city immediately filed a lawsuit in State Supreme Court to overturn the arbitrator’s decision. In the claim, the city argued the arbitrator’s decision rendered the city powerless in its ability to manage its work force and maintain order.
Johnson said Boniello issued a verbal ruling against the city’s claim and did not offer a specific explanation.
“(Boniello) determined that the arbitrator’s ruling was proper,” he said. “The administration is now considering what its next step will be.”
Meanwhile, the 50 days unpaid suspension imposed upon Curtis has run out and the veteran truck worker can return to work upon completion of the standard paperwork and drug testing. Johnson declined to comment on whether Curtis would remain on the job or be placed back on administrative leave if the city does appeal Boniello’s ruling.
