Newark evening star and Newark advertiser., 1915-05-21
FIRE BOARD HAS
RECEIVED CIVIL
SERVICE LETTER
Official Copy of Battalion
Chiefs Opinion Duly Ar
rived This Morning.


the five battalion chiefs who were re-
Gently ordered denoted the Civil Ser
vice Commission promptly forwarded
the desired information to the local
board. The document was received at
fire department headquarters in the
& City Hall early this morning.
The decision of the Civil Service
Commission, which is based upon an
opinion submitted by Attorney Cen
eral Wescott treats of the Newark
fire chiefs case specifically, and is
essentially the same as embodied in
an article published in the Evening
Star sometime ago.
.acites the various features con-
nected with the demotions to cap
taincies of Chiefs Thomas S. Reilly,
Charles c. Storch James Fagen, 1r
Michael ], Durkin and Cornelius
Smith.
The chiefs, as previously stated, re-
tained Frank E. Bradner as counsel
to represent their interests. The con-
tention In brief was that the officers
could not be denoted for ECONOMY"
reasons alone; that such demotion
could only follow proved charges OF
some transgression of law or depart
mental regulation, that they had vest
ed rights and were being improperly
deprived of these rights.
A Matter of Right.
1t was clearly explained by the
chiefs, through their counsel, Mr.,
Bradner, that i'm taking the stand
they had resolved upon they did not
wish it to be considered that they
were insubordinate or disposed III
any manner to resent the action of
the fire commissioners, except as they
believed their standing and interests
were detrimentally affected.
City Counsel Spaulding Frazer, rep
resenting the fire commissioners, and
the commissioners themselves assured
the men that no hostile feeling toward
them would be entertained, as it was
conceded that they were proceeding
under proper and conscientious
motives; in fact, defending their sup
posed rights by dignified methods.
Further assurances were given Mr..
Bradner that, in the event of the de-
cision of the Civil Service Commits
sion being favorable to his clients,
they would be reinstated, with full
back pay
Entitled to Reinstatement.
The concluding paragraph of tht
Civil Service Boards finding reads:
I'm accordance with the advice re-
ceiyed from the attorney generals
office, the commission holds that the
demotion of Battalion Chiefs Thomas
S. Reilly, Charles c. Storch, James
Fagen, jr., Michael j. Durkin and
Cornelius Smith were improperly
made, and that they are entitled to
be reinstated in the positions
previously held by them"
In it's review of the case the Civil |
Service Commissioners said that they
at first believed that the form and
manner of notice of demotion sub
mitted by the fire commissioners was
in compliance with section "a of the
civil service law, and that there was
nothing in the Civil Service law
which would preclude economy as a
sufficient reason for such demotion.
They further believed that when a
position was abolished the person
holding the same should go upon q
preferred list for two years for GER
tification to the same or a similar
position. By this process of reason
ing 1t was thought that the chiefs
could be reduced to the captains |
rank, and while serving as captains
remain on a preferred eligible list |
for battalion chiefs. This was found
to be a wrong Interpretation of the |
law and its purposes.
The Object of Assembly Bill $40.
An attempt was made, civil SER
vice commissioners say in their letter |
to the fire commissioners, to get |
around the Newark situation through
the medium of Assembly bill S16
but the measure failed to become a
law. The aim and purpose of As
sembly bill S16 were pointed out in
the Evening Star, but it was persist
emily denied that The Star had the
matter sized up correctly. The civil
service commissioners now declare
however, and officially at that, that
the Evening Star had correctly dag
nosed the case of Assembly SIG.
When asked for further light on
the Newark fire chief situation, the
attorney general went deep into de-
tails.
In his reply to the civil service
commissioners, made through Assist
ant Attorney General Herbert Boggs,
the attorney-gener holds, first. that
the method reduction in rank fol- |
lowed by the Newark fire department
is not in accordance with section "a
of the civil service act, and second, |
that the abolition of these positions
for reasons of economy would not
entitle the battalion chiefs to be
certified from the preferred list to
the lower position of captain, which
latter rank they could only enter
after such examination as the law
ana rules or the CIVIL service COM |
mission prescribed regularly for en-
trance into such rank, which would, |
of course. mean a competitive ex-
animation"
Could Not BE Reduced to Captaincies.
The language of the attorney-gen-
erals letter on this point reads: I'm |
my judgment. and for the reason al !
ready stated. | think that the res !
olution of the fire department of !
Newark, quoted in your letter is in |
effective, and that under the civil |
service law they could not, for rea- I
sons of economy, reduce the battalion
chiefs named to the rank and salary |
of captain. They could only dis |
charge and separate them from the
service. When and If discharged and |
separated from the service from mo-
tives of economy, your commission, |
under the law, would place them |
upon the preferred list and If the |
Newark fire department afterward |
determined, within two years, to fill |
the vacant positions of battalion !
chiefs, these men would have the |
first right to such appointments.
"They could not be certified for the
lower position of captain, in my judg- |
ment, under the law if the law and |
the rules and the regulations of the |
department and of the Civil Service |
Commission either require the ap-
pointment to the office of captain to
be by promotion from the next lower |
rank, or If the rules and regulations |
and the law require a competitive ex- |
animation and the eertification of an |
eligible list for the appointment to
the office of captain
The battalion chiefs involved were |
promoted in July of last year. months |
before the election which resulted in |
the change in administration. and not |
during the closing hours of the old |