Fire Captain, Village Separate After Pension Dispute

2010-09-03 / Front Page

By Stephanie Petrellese

The Village of Garden City and Fire Captain Harry “Gil” Frank, commanding officer of the Headquarters Company, have parted ways after the Garden City Board of Trustees decided not to renew his pension waiver extension application.

“I’m numb, I’m slightly bitter,” admitted Capt. Frank in a telephone interview on Wednesday, the day after the Aug. 31 extension deadline. “But I know it will pass, because I am not a spiteful person.”

He is proud of his accomplishments during his almost five years serving the Village, and believes he left the fire department in a stronger position than when he began. That sentiment was echoed by several high-level Village officials, who requested that their names be withheld.

Garden City Mayor Robert J. Rothschild did not hesitate to offer his support to the captain, and offered this statement: “Capt. Frank has been an invaluable member of the Garden City Fire Department. Personally, I will acutely miss Capt. Frank’s experience, leadership and professional management skills in the efficient operation of the department. He always required the best from his force to insure the safety and protection of the residents and our commercial district.”

Capt. Frank, a retired New York City battalion chief, has been drawing a pension from both the New York City Fire Dept. and the Garden City Fire Dept. At a Garden City Board of Trustees meeting in September of 2009, the Board voted to approve waiver requests for Fire Captain Frank and Kevin E. Ocker, chairman of the Board of Commissioners of Cultural and Recreational Affairs. This allowed both men to “double dip” and receive salaries and their pensions.

Ocker’s approval was granted in a 7 to 1 vote. Trustee Quinn voted against the approval because he said he is against “double dipping.” The vote to grant Capt. Frank’s approval was tighter, 4 to 3 (Quinn, Brudie & Watras against). Trustee Episcopia abstained on Capt. Frank’s approval, so the Mayor had to break the tie, which he did in favor of granting the waiver.

Under state law, a waiver is required from the New York State Dept. of Civil Service to continue employment. When the waiver was set to expire, the Village applied for another one in December, and received approval through Aug. 31.

During that time, the civil service department was required to administer a test for the fire captain position to ensure that there was no unretired person who was both qualified and eligible for the job. Two exams were given and a list of candidates was promulgated.

According to Village Administrator Robert L. Schoelle, Jr., the Village is still waiting to review the list. Meanwhile, the waiver extension application expired on Tuesday.

An extension could have been granted by the Garden City Board of Trustees, but Frank learned last week that it was not approved by the Board. Capt. Frank had notified Schoelle that he would not continue employment with the Village if a waiver extension was not approved by the Board because whatever he earned in his current position would begin to be deducted from his city pension.

Capt. Frank claims he was not afforded an opportunity to speak before the Board of Trustees before their vote. Schoelle declined to comment.

The fire captain said he was surprised by the abrupt manner in which his employment has come to an end, and is now trying to focus on his future. He continues to keep active by conducting training sessions and management presentations for various fire departments in the region.

Schoelle was not sure when the position would be filled. In the meantime, he said the lieutenants would divide the workload.

The Mayor also said the fire department was in the process of working to ensure all of the captain’s responsibilities were being handled. “Until such time as the position is filled, we expect Chief Graham and all members of the department will step up to fill this void left by Capt. Frank’s departure.”

Return to top