Gilbert Darrell, a seven-year veteran of the South Schenectady Fire Department, said he believes his dismissal in December was racially motivated, but those he is accusing contend that it is really just a personality conflict.
Darrell is awaiting the final ruling on a 2008 harrassment complaint, which could include damages of up to $10,000. The decision is scheduled to be handed down in the coming weeks, and will be based on a November hearing regarding a human rights complaint Darrell filed with the state in September 2008 alleging arbitrary disciplinary actions because of his race.
At the hearing, former colleague Robert Mercoglan testified on Darrell’s behalf, saying Chief James P. DeLorenzo, who left the department at the end of 2008, used Darrell’s race as `a means by which to humiliate and embarrass him.` Mercoglan also testified that he heard `derogatory remarks made about [the] complainant’s race, both by Chief James DeLorenzo and by fire commissioners William MacMillan and Louie Morrett.`
Attorney Thomas Witz, who is representing Morrett and MacMillan, said the issues regarding Darrell and DeLorenzo, who attended the November hearing, are merely personality conflicts and firehouse politics.
`This has nothing to do with race, and Mr. Darrell has played the race card,` said Witz.
A volunteer firefighter with more than 12 years of experience, Darrell is working toward a paramedic degree at SUNY Cobleskill with the hope of becoming a full-time fireman and eventually earning a Ph.D in hospital administration. He said he is worried about the effect his record with South Schenectady will have on those plans.
`It’s going to be hard to defend my position when they [other fire departments] look at my seven-year record at South Schenectady and look [to] the current administration for recommendations,` said Darrell. `I’m sure that there’s not a lot of good things that the current administration could say about me. It would look really bad to anybody’s eyes unless there was something to back up my claims that I had been mistreated.`
Darrell came to the South Schenectady Fire Department, serving Rotterdam Fire District No. 6, in 2002 as a volunteer, after working in Mariaville for five years.
At that time, he said, he ran into some conflicts with then-Assistant Chief DeLorenzo, but said those higher up in the department treated him fairly.
`I saw no severe repercussions during that time period,` said Darrell.
When DeLorenzo became chief of the department in 2008, however, Darrell said he was put under extra scrutiny, and the board of fire commissioners didn’t do anything about it.
`When James became chief in 2008, I really started to see a vast shift in what was occurring. Things that I would do would be looked at more harshly,` Darrell said. `I felt like I was getting in trouble more. I was getting called to the chief’s office more often. I was getting suspended more ` really the ball started rolling downhill during this time.`
In September of 2008, Darrell filed a complaint with the New York State Division of Human Rights regarding suspensions he was given `unprofessional conduct.` Since the November hearing on the complaint, Darrell was suspended two more times before ultimately being dismissed.
According to legal documents, those subsequent suspensions were for department violations that included leaving an assigned job during a fire call and harassment of Chief Mike France, who was promoted from assistant chief following DeLorenzo’s retirement.
Darrell’s dismissal in December was the result of a departmental rule, outlined in the 2007 edition of the department’s operating guidelines that says any member receiving three suspensions in a 12-month period may be subject to dismissal pending a review by the chief and fire commissioners. Bill Young, a lawyer for the department, said that he could not comment on the implementation of the rule in Darrell’s case due to pending litigation.
After being let go in December, Darrell filed two more complaints against the department, saying race was the main reason behind his dismissal.
South Schenectady fire fighter Matt Mickle, who has been with the department for 10 years, said he also believes Darrell was relieved of his duties because of his race.
`There’s not much else you can blame it on. He’s the only black fire fighter in the department and has been treated in a different way from everyone else,` said Mickle. `He would like to be a firefighter. He wants to serve his community but is unable to because of the fire chief and board of fire commissioners ` because of whatever prejudices they hold.`
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